EPSA urges Supreme Court to deny Market-Based Rate petition

By Electric Power Supply Association EPSA


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The Electric Power Supply Association EPSA has filed a brief with the U.S. Supreme Court urging the court to deny a petition for review of a decision by the U.S. Court of Appeals for the Ninth Circuit upholding the Federal Energy Regulatory Commission's FERC market-based rate authority for wholesale electricity markets.

The case is Public Citizen, Inc., v. Federal Energy Regulatory Commission and involves FERC Order 697 issued in 2007 to improve market-based rate regulations. EPSA is joined on the brief by PPL Corporation, a fellow respondent in the case.

EPSA's brief argues that, "The Court should deny the petition for at least three reasons. First, no decision of this Court or any court of appeals conflicts with the lower court's holding that the Commission's market-based rate regime comports with the requirements of the Federal Power Act. Second, the court of appeals correctly held that the Commission's market-based rate regime does not violate any statutory requirement."

"In fact, Congress ratified the regime when it enacted the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594, which includes multiple provisions that would make no sense if, as petitioners contend, the Commission lacked authority to approve market-based rate tariffs. Third, denying the petition would not raise any issues of exceptional importance."

"In contrast, granting the relief petitioners seek could have devastating consequences for the nationÂ’s energy markets and the consumers who rely on those markets."

EPSA's brief concludes by stating that, "Any decision that accepts petitioners' suggestion that the CommissionÂ’s market-based program is per se unlawful under the Federal Power Act would jeopardize these markets and set the stage for crisis. Even if one could ignore the billions of dollars in benefits that would be lost from a retreat from a competitive, market-based regime, there is no ignoring the substantial costs that such a retreat would impose on consumers."

"Moreover, thousands of market participants have built power plants, made other investments and ordered their affairs based on the pro-competitive policies that the Commission has implemented over the last two decades, which have been consistently upheld by courts, and which Congress affirmed in the 2005 legislation."

EPSA President and CEO John E. Shelk said, "EPSA is pleased to support FERC's important work in this area as it has done in the past, including before the Ninth Circuit. As EPSA's brief documents in detail, every court that has considered the question has concluded that FERC is acting within its authority under the Federal Power Act. Wholesale power markets provide tangible benefits to consumers, the economy and the environment. EPSA is hopeful that the U.S. Supreme Court will not inject costly uncertainty into the nation's electricity equation at this critical time by granting the petitioners' petition for review in this case."

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What 2018 Grid Edge Trends Reveal About 2019

2019 Grid Edge Trends highlight evolving demand response, DER orchestration, real-time operations, AMI data, and EV charging, as wholesale markets seek flexibility and resiliency amid tighter reserve margins and fossil baseload retirements.

 

Key Points

Shifts toward DER-enabled demand response and real-time, behind-the-meter flexibility.

✅ Real-time DER dispatch enhances reliability during tight reserves

✅ AMI and ICT improve forecasting, monitoring, and control of resources

✅ Demand response shifts toward aggregated behind-the-meter orchestration

 

Which grid edge trends will continue into 2019 as the digital grid matures and what kind of disruption is on the horizon in the coming year?

From advanced metering infrastructure endpoints to electric-vehicle chargers, grid edge venture capital investments to demand response events, hundreds of data points go into tracking new trends at the edge of the grid amid ongoing grid modernization discussions across utilities.

Trends across these variables tell a story of transition, but perhaps not yet transformation. Customers hold more power than ever before in 2019, with utilities and vendors innovating to take advantage of new opportunities behind the meter. Meanwhile, external factors can always throw things off-course, including the data center boom that is posing new power challenges, and reliability is top of mind in light of last year's extreme weather events. What does the 2018 data say about 2019?

For one thing, demand response evolved, enabled by new information and communications technology. Last year, wholesale market operators increasingly sought to leverage the dispatch of distributed energy resource flexibility in close to real time. Three independent system operators and regional transmission organizations called on demand response five times in total for relief in the summer of 2018, including the NYISO.

The demand response events called in the last 18 months send a clear message: Grid operators will continue to call events year-round. This story unfolds as reserve margins continue to tighten, fossil baseload generation retirements continue, and system operators are increasingly faced with proving the resiliency and reliability of their systems while efforts to invest in a smarter electricity infrastructure gain momentum across the country.

In 2019, the total amount of flexible demand response capacity for wholesale market participation will remain about the same. However, the way operators and aggregators are using demand response is changing as information and communications technology systems improve and utilities are using AI to adapt to electricity demands, allowing the behavior of resources to be more accurately forecasted, monitored and controlled.

These improvements are allowing customer-sited resources to offer  flexibility services closer to real-time operations and become more reactive to system needs. At the same time, traditional demand response will continue to evolve toward the orchestration of DERs as an aggregate flexible resource to better enable growing levels of renewable energy on the grid.

 

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Trump's Proposal on Ukraine's Nuclear Plants Sparks Controversy

Ukraine Nuclear Plant Ownership Proposal outlines U.S. management of Ukrainian reactors amid the Russia-Ukraine war, citing nuclear safety, energy security, and IAEA oversight; Kyiv rejects ownership transfer, especially regarding Zaporizhzhia under Russian control.

 

Key Points

U.S. control of Ukraine's nuclear plants for safety; Kyiv rejects transfer, citing sovereignty risks at Zaporizhzhia.

✅ U.S. proposal to manage Ukraine's reactors amid war

✅ Kyiv refuses ownership transfer; open to investment

✅ Zaporizhzhia under Russian control raises safety risks

 

In the midst of the ongoing conflict between Russia and Ukraine, U.S. President Donald Trump has proposed a controversial idea: Ukraine should give its nuclear power plants to the United States for safekeeping and management. This suggestion came during a phone call with Ukrainian President Volodymyr Zelenskyy, wherein Trump expressed the belief that American ownership of these nuclear plants could offer them the best protection amid the ongoing war. But Kyiv, while open to foreign support, has firmly rejected the idea of transferring ownership, especially as the Zaporizhzhia nuclear plant remains under Russian occupation.

Ukraine’s nuclear energy infrastructure has always been a vital component of its power generation. Before the war, the country’s four nuclear plants supplied nearly half of its electricity. As Russia's military forces target Ukraine's energy infrastructure, including power plants and coal mines, international watchdogs like the IAEA have warned of nuclear risks as these nuclear facilities have become crucial to maintaining the nation’s energy stability. The Zaporizhzhia plant, in particular, has attracted international concern due to its size and the ongoing threat of a potential nuclear disaster.

Trump’s Proposal and Ukraine’s Response

Trump’s proposal of U.S. ownership came as a response to the ongoing threats posed by Russia’s occupation of the Zaporizhzhia plant. Trump argued that the U.S., with its expertise in running nuclear power plants, could safeguard these facilities from further damage and potential nuclear accidents. However, Zelenskyy quickly clarified that the discussion was only focused on the Zaporizhzhia plant, which is currently under Russian control. The Ukrainian president emphasized that Kyiv would not entertain the idea of permanently transferring ownership of its nuclear plants, even though they would welcome investment in their restoration and modernization, particularly after the war.

The Zaporizhzhia nuclear plant has been a focal point of geopolitical tensions since Russia's occupation in 2022. Despite being in "cold shutdown" to prevent further risk of explosions, the facility remains a major concern due to its potential to cause a nuclear disaster. Ukrainian officials, along with international observers, have raised alarm about the safety risks posed by the plant, including mines at Zaporizhzhia reported by UN watchdogs, which is situated in a war zone and under the control of Russian forces who are reportedly neglecting proper safety protocols.

The Fear of a Nuclear Provocation

Ukrainians have expressed concerns that Trump’s proposal could embolden Russia to escalate tensions further, even as a potential agreement on power-plant attacks has been discussed by some parties. Some fear that any attempt to reclaim the plant by Ukraine could trigger a Russian provocation, including a deliberate attack on the plant, which would have catastrophic consequences for both Ukraine and the broader region. The analogy is drawn with the destruction of the Nova Kakhovka dam, which Ukraine accuses Russia of sabotaging, an act that severely disrupted water supplies to the Zaporizhzhia plant. Ukrainian military officials, including Ihor Romanenko, a former deputy head of Ukraine’s armed forces, warned that Trump’s suggestion might be an exploitation of Ukraine’s vulnerable position in the ongoing war.

Despite these fears, there are some voices within Ukraine, including former employees of the Zaporizhzhia plant, who believe that a deliberate attack by Russian forces is unlikely. They argue that the Russian military needs the plant in functioning condition for future negotiations, with Russia building new power lines to reactivate the site as part of that calculus, and any damage could reduce its value in such exchanges. However, the possibility of Russian negligence or mismanagement remains a significant risk.

The Strategic Role of Ukraine's Nuclear Plants

Ukraine's nuclear plants were a cornerstone of the country’s energy sector long before the conflict began. In recent years, as Ukraine lost access to coal resources in the Donbas region due to Russian occupation, nuclear power became even more vital, alongside a growing focus on wind power to improve resilience. The country’s reliance on these plants grew as Russia launched a sustained campaign to destroy Ukraine’s energy infrastructure, including attacks on nuclear power stations.

The Zaporizhzhia plant, in particular, holds strategic importance not only due to its size but also because of its location in southeastern Ukraine, an area that has been at the heart of the conflict. Despite being in Russian hands, the plant’s reactors have been safely shut down, reducing the immediate risk of a nuclear explosion. However, the plant’s future remains uncertain, as Russia’s long-term control over it could disrupt Ukraine’s energy security for years to come.

Wider Concerns About Aging Nuclear Infrastructure

Beyond the geopolitical tensions, there are broader concerns about the aging infrastructure of Ukraine's nuclear power plants. International watchdogs, including the environmentalist group Bankwatch, have criticized these facilities as “zombie reactors” due to their outdated designs and safety risks. Experts have called for Ukraine to decommission some of these reactors, fearing that they are increasingly unsafe, especially in the context of a war.

However, Ukrainian officials, including Petro Kotin, head of Energoatom (Ukraine's state-owned nuclear energy company), argue that these reactors are still functional and critical to Ukraine's energy needs. The ongoing conflict, however, complicates efforts to modernize and secure these facilities, which are increasingly vulnerable to both physical damage and potential nuclear hazards.

The Global Implications

Trump's suggestion to take control of Ukraine's nuclear power plants has raised significant concerns on the international stage. Some fear that such a move could set a dangerous precedent for nuclear security and sovereignty. Others see it as an opportunistic proposal that exploits Ukraine's wartime vulnerability.

While the future of Ukraine's nuclear plants remains uncertain, one thing is clear: these facilities are now at the center of a geopolitical struggle that could have far-reaching consequences for the energy security of Europe and the world. The safety of these plants and their role in Ukraine's energy future will remain a critical issue as the war continues and as Ukraine navigates its relations with both the U.S. and Russia, with the grid even having resumed electricity exports at times.

 

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Tariff Threats Boost Support for Canadian Energy Projects

Canadian Energy Infrastructure Tariffs are reshaping pipelines, deregulation, and energy independence, as U.S. trade tensions accelerate approvals for Alberta oil sands, Trans Mountain expansion, and CAPP proposals amid regulatory reform and market diversification.

 

Key Points

U.S. tariff threats drive approvals, infrastructure, and diversification to strengthen Canada energy security.

✅ Tariff risk boosts support for pipelines and export routes

✅ Faster project approvals and deregulation gain political backing

✅ Diversifying markets reduces reliance on U.S. buyers

 

In recent months, the Canadian energy sector has experienced a shift in public and political attitudes toward infrastructure projects, particularly those related to oil and gas production. This shift has been largely influenced by the threat of tariffs from the United States, as well as growing concerns about energy independence and U.S.-Canada trade tensions more broadly.

Scott Burrows, the CEO of Pembina Pipeline Corp., noted in a conference call that the potential for U.S. tariffs on Canadian energy imports has spurred a renewed sense of urgency and receptiveness toward energy infrastructure projects in Canada. With U.S. President Donald Trump’s proposed tariffs Trump tariff threat on Canadian imports, particularly a 10% tariff on energy products, there is increasing recognition within Canada that these projects are essential for the country’s long-term economic and energy security.

While the direct impact of the tariffs is not immediate, industry leaders are optimistic about the long-term benefits of deregulation and faster project approvals, even as some see Biden as better for Canada’s energy sector overall. Burrows highlighted that while it will take time for the full effects to materialize, there are significant "tailwinds" in favor of faster energy infrastructure development. This includes the possibility of more streamlined regulatory processes and a shift toward more efficient project timelines, which could significantly benefit the Canadian energy sector.

This changing landscape is particularly important for Alberta’s oil production, which is one of the largest contributors to Canada’s energy output. The Canadian Association of Petroleum Producers (CAPP) has responded to the growing tariff threat by releasing an “energy platform,” outlining recommendations for Ottawa to help mitigate the risks posed by the evolving trade situation. The platform includes calls for improved infrastructure, such as pipelines and transportation systems, and priorities like clean grids and batteries, to ensure that Canadian energy can reach global markets more effectively.

The tariff threat has also sparked a wider conversation about the need for Canada to strengthen its energy infrastructure and reduce its dependency on the U.S. for energy exports. With the potential for escalating trade tensions, there is a growing push for Canadian energy resources to be processed and utilized more domestically, though cutting Quebec’s energy exports during a tariff war. This has led to increased political support for projects like the Trans Mountain pipeline expansion, which aims to connect Alberta’s oil sands to new markets in Asia via the west coast.

However, the energy sector’s push for deregulation and quicker approvals has raised concerns among environmental groups and Indigenous communities. Critics argue that fast-tracking energy projects could lead to inadequate environmental assessments and greater risks to local ecosystems. These concerns underscore the tension between economic development and environmental protection in the energy sector.

Despite these concerns, there is a clear consensus that Canada’s energy industry needs to evolve to meet the challenges posed by shifting trade dynamics, even as polls show support for energy and mineral tariffs in the current dispute. The proposed U.S. tariffs have made it increasingly clear that the country’s energy infrastructure needs significant investment and modernization to ensure that Canada can maintain its status as a reliable and competitive energy supplier on the global stage.

As the deadline for the tariff decision approaches, and as Ford threatens to cut U.S. electricity exports, Canada’s energy sector is bracing for the potential fallout, while also preparing to capitalize on any opportunities that may arise from the changing trade environment. The next few months will be critical in determining how Canadian policymakers, businesses, and environmental groups navigate the complex intersection of energy, trade, and regulatory reform.

While the threat of U.S. tariffs may be unsettling, it is also serving as a catalyst for much-needed changes in Canada’s energy policy. The push for faster approvals and deregulation may help address some of the immediate concerns facing the sector, but it will be crucial for the government to balance economic interests with environmental and social considerations as the country moves forward in its energy transition.

 

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US Electricity Prices Rise Most in 41 Years as Inflation Endures

US Electricity Price Surge drives bills as BLS data show 15.8 percent jump; natural gas and coal costs escalate amid energy crisis, NYISO warns of wholesale prices and winter futures near $200 per MWh.

 

Key Points

A sharp rise in power bills driven by higher natural gas and coal costs and tighter wholesale markets.

✅ BLS reports electricity bills up 15.8% year over year

✅ Natural gas bills up 33% as fuel costs soar

✅ NYISO flags winter wholesale prices near $200/MWh

 

Electricity bills for US consumers jumped the most since 1981, gaining 15.8% from the same period a year ago, according to the US Bureau of Labor Statistics, and residential bills rose 5% in 2022 across the U.S.

Natural gas bills, which crept back up last month after dipping in July, surged 33% from the same month last year, labor data released Tuesday showed, as electricity and natural gas pricing dynamics continue to ripple through markets. Broader energy costs slipped for a second consecutive month because of lower gasoline and fuel oil prices. Even with that drop, total energy costs were still about 24% above August 2021 levels.

Electricity costs are relentlessly climbing because prices for the two biggest power-plant fuels -- natural gas and coal -- have surged in the last year as the US economy rebounds from the pandemic and as Russia’s war in Ukraine triggers an energy crisis in Europe, where German electricity prices nearly doubled over a year. Another factor is the hot and humid summer across most of the lower 48 states drove households and businesses to crank up air conditioners. Americans likely used a record amount of power in the third quarter, according to US Energy Information Administration projections, even as U.S. power demand is seen sliding 1% in 2023 on milder weather.

New York’s state grid operator warned of a “sharp rise in wholesale electric costs expected this winter” with spiking global demand for fossil fuels, lagging supply and instability from Russia’s war in Ukraine driving up oil and gas prices, with multiple energy-crisis impacts on U.S. electricity and gas still unfolding, according to a Tuesday report. Geopolitical factors are ultimately reflected in wholesale electricity prices and supply charges to consumer bills, the New York Independent System Operator said, and as utilities direct more spending to delivery rather than production.

Electricity price futures for this winter have increased fourfold from last year, and potential deep-freeze disruptions to the energy sector could add volatility, with prices averaging near $200 a megawatt-hour, the grid operator said. That has been driven by natural gas futures for the upcoming winter, which are more than double current prices to nearly $20 per million British thermal units.

 

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Georgia Power customers to see $21 reduction on June bills

Georgia Power June bill credit delivers PSC-approved savings, lower fuel rates, and COVID-19 relief for residential customers, driven by natural gas prices and 2018 earnings, with typical 1,000 kWh users seeing June bill reductions.

 

Key Points

A PSC-approved one-time credit and lower fuel rates reducing June bills for Georgia Power residential customers.

✅ $11.29 credit for 1,000 kWh usage on June bills

✅ Fuel rate cut saves $10.26 per month from June to September 2020

✅ PSC-approved $51.5M credit based on Georgia Power's 2018 results

 

Georgia Power announced that the typical residential customer using 1,000-kilowatt hours will receive an $11.29 credit on their June bill, reflecting a lump-sum credit model also used elsewhere.

This reflects implementation of a one-time $51.5 million credit for customers, similar to Gulf Power's bill decrease efforts, approved by the Georgia Public Service Commission, as a result of

Georgia Power's 2018 financial results.

Pairing the June credit with new, lower fuel rates recently announced, the typical residential customer would see a reduction of $21.55 in June, even as some regions face increases like Pennsylvania's winter price hikes elsewhere.

The amount each customer receives will vary based on their 2018 usage. Georgia Power will apply the credit to June bills for customers who had active accounts as of Dec. 31, 2018, and are still active or receiving a final bill as of June 2020, and the company has issued pandemic scam warnings to help customers stay informed.

Fuel rate lowered 17.2 percent

In addition to the approved one-time credit in June, the Georgia PSC recently approved Georgia Power’s plan to reduce its fuel rates by 17.2 percent and total billings by approximately $740 million over a two-year period. The implementation of a special interim reduction will provide customers additional relief during the COVID-19 pandemic through even lower fuel rates over the upcoming 2020 summer months. The lower fuel rate and special interim reduction will lower the total bill of a typical residential customer using an average of 1,000-kilowatt hours by a total of $10.26 per month from June through September 2020.

The reduction in the company’s fuel rate is driven primarily by lower natural gas prices, even as FPL proposed multiyear rate hikes in Florida, as a result of increased natural gas supplies, which the company is able to take advantage of to benefit customers due to its diverse generation sources.

February bill credit due to tax law savings

Georgia Power completed earlier this year the third and final bill credit associated with the Tax Cuts and Jobs Act of 2017, resulting in credits totaling $106 million. The typical residential customer using an average of 1,000 kilowatt-hours per month received a credit of approximately $22 on their February Georgia Power bill, a helpful offset as U.S. electric bills rose 5% in 2022 according to national data.

 

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San Diego Gas & Electric Orders Mitsubishi Power Emerald Storage Solution

SDG&E Mitsubishi Power Energy Storage adds a 10 MW/60 MWh BESS in Pala, boosting grid reliability, renewable integration, and flexibility with EMS and SCADA controls, LFP safety chemistry, NERC CIP compliance, UL 9540 standards.

 

Key Points

A 10 MW/60 MWh BESS for SDG&E in Pala that enhances grid reliability, renewables usage, and operational flexibility.

✅ Emerald EMS/SCADA meets NERC CIP, IEC/ISA 62443, NIST 800-53

✅ LFP chemistry with UL 9540 and UL 9540A safety compliance

✅ Adds capacity, energy, and ancillary services to CA grid

 

San Diego Gas & Electric Company (SDG&E), a regulated public utility that provides energy service to 3.7 million people, has awarded Mitsubishi Power an order for a 10 megawatt (MW) / 60 megawatt-hour (MWh) energy storage solution for its Pala-Gomez Creek Energy Storage Project in Pala, California. The battery energy storage system (BESS) will add capacity to help meet high energy demand, support grid reliability and operational flexibility, underscoring the broader benefits of energy storage now recognized by utilities, maximize use of renewable energy, and help prevent outages during peak demand.

The BESS project is Mitsubishi Power’s eighth in California, bringing total capacity to 280 MW / 1,140 MWh of storage to help meet California’s clean energy goals with reliable power to complement renewables, alongside emerging solutions like a California green hydrogen microgrid for added resilience.

Mitsubishi Power’s Emerald storage solution for SDG&E includes full turnkey design, engineering, procurement, and construction, as well as a 10-year long-term service agreement, aligning with CEC long-duration storage funding initiatives underway. It is scheduled to be online in early 2023.

The project will repower an existing energy storage site. It will employ Mitsubishi Power’s Emerald Integrated Plant Controller, which is an Energy Management System (EMS) and Supervisory Control and Data Acquisition (SCADA) system with real-time BESS operation and a monitoring/supervisory control platform. Mitsubishi Power leverages its decades of technology monitoring and diagnostics to turn data into actionable insights to maximize reliability, a priority as regions like Ontario increasingly rely on battery storage to meet rising demand. The Mitsubishi Power Emerald Integrated Plant Controller complies with North American Electric Reliability Corporation critical infrastructure protection (NERC CIP) standards and meets the highest security certification in the energy storage industry (IEC/ISA 62443, NIST 800-53) for maximum protection from cybersecurity risks and vulnerabilities.

For added physical safety, Mitsubishi Power’s solution employs lithium iron phosphate (LFP) battery chemistry, aligning with BESS adoption in New York where safety and performance are critical. Compared with other chemistries, LFP provides longer life and superior thermal stability and chemical stability, while meeting UL 9540 and UL 9540A safety standards.

Fernando Valero, Director, Advanced Clean Technology, SDG&E, said, “SDG&E is committed to achieving net-zero greenhouse gas emissions by 2045. We are increasing our portfolio of energy storage assets, including virtual power plant models, to reach this goal. These assets enhance grid reliability and operational flexibility while maximizing our use of abundant renewable energy sources in California.”

Tom Cornell, Senior Vice President, Energy Storage Solutions, Mitsubishi Power Americas, said, “As more and more renewables come online during the energy transition, BESS solutions are essential to support a reliable and stable grid. We look forward to providing SDG&E with our BESS solution to add capacity, energy, and ancillary services to California’s grid. Mitsubishi Power’s Emerald storage solutions are enabling a smarter and more resilient energy future for our customers in California and around the globe, with projects like an energy storage demonstration in India underscoring this momentum.”

 

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