Dismiss remaining charges, asks former Westar CEO, strategy officer

By Associated Press


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Lawyers for two former Westar Energy Inc. executives asked a federal judge to dismiss the remaining criminal counts against their clients.

The defense attorneys for former Chief Executive David Wittig and former chief strategy officer Douglas Lake argued before U.S. District Judge Julie Robinson that an appellate court ruling last year effectively prohibited prosecutors from using evidence necessary to charge the two men.

They also said other charges aren't supported by securities laws dealing with public companies.

Wittig and Lake were convicted in 2005 of wire fraud, money laundering, conspiracy and circumvention of internal controls. The charges were tied to a scheme prosecutors claimed was designed to increase the men's compensation at the Topeka-based utility and hide it from regulators and shareholders.

The 10th U.S. Circuit Court of Appeals threw out the convictions in January 2007 and barred prosecutors from retrying Wittig and Lake on the fraud and money laundering charges, saying they hadn't presented enough evidence that the men's actions were criminal.

The two are scheduled to be tried on the remaining conspiracy and circumvention charges on September 9.

Lake attorney Patrick McInerney said that by banning any reference to the fraud and money laundering charges, the appellate court also barred prosecutors from resubmitting much of the evidence that is necessary to prove the two men were part of a conspiracy. To do so, he said, would violate the defendants' constitutional protection against double jeopardy.

Assistant U.S. Attorney Richard Hathaway said it was possible to convict someone of conspiracy even if the defendant isn't convicted of the underlying illegal acts.

The defense attorneys also argued that the two men shouldn't be retried on the circumvention of internal controls, which claim Wittig and Lake intentionally underreported how often they used corporate aircraft for personal trips — which officials consider part of an executive's compensation.

They said that circumvention charges must involve a company's financial documents and that the Securities and Exchange Commission doesn't consider executive pay and benefits are financial.

Robinson, who didn't immediately rule on the motion to dismiss the remaining charges, said she doubted the appellate court would have bothered remanding the case back to district court if no other charges were possible.

"In reading the 10th Circuit's opinion, there's strong language that they meant what they said and they meant for there to be a retrial," she said.

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Macron: France, Germany to provide each other with gas, electricity, to weather crisis

France-Germany Energy Solidarity underscores EU energy crisis cooperation: gas supply swaps, electricity imports, price cap talks, and curbs on speculation as Russian pipeline flows halt and winter demand rises across the bloc.

 

Key Points

A pact where France sends gas to Germany as Germany supplies power, bolstering EU cooperation and winter security.

✅ Gas to Germany; power to France amid nuclear outages.

✅ EU price cap, anti-speculation, joint gas purchasing.

✅ No new Spain-France pipeline unless case improves.

 

France will send gas to Germany if needed while Germany stands ready to provide it with electricity, President Emmanuel Macron said on Monday, saying this showcased European solidarity in the face of the energy crisis stemming from the war in Ukraine, which many view as a wake-up call to ditch fossil fuels across the bloc.

European gas prices surged, share prices slid and the euro sank on Monday after Russia stopped pumping gas via a major supply route, and Germany's 200 billion euro package sought to cushion the blow, in another warning to the 27-nation EU as it scrambled to respond to the crisis ahead of winter. read more

"Germany needs our gas and we need power from the rest of Europe, notably Germany," France's president told a news conference as EU electricity reform remains under debate following a phone call with German Chancellor Olaf Scholz.

The necessary connections for France to deliver gas to Germany when needed would be finalised in the coming weeks, he said, adding that France, which had long been a net exporter of electricity, will need help from its neighbours because of technical problems its nuclear plants face. read more

Macron, however, said that he did not understand demand for a third gas link between France and Spain, rejecting calls to increase capacity with a new pipeline.

He added he was open to changing his mind on that point, especially as Germany's utility troubles deepen, should Scholz or Prime Minister Pedro Sanchez argue convincingly for it.

Ahead of a meeting on Friday of EU energy ministers, Macron said France was in favour of buying gas at a European rather than a national level, as emergency electricity measures are weighed, and called for European Union measures to control energy prices.

He said it was necessary to act against speculation on energy prices at EU level, as the EU outlines possible gas price cap strategies for discussion, and also said France was in favour of putting a cap on the price of pipeline Russian gas.

Macron also repeated calls for all to turn down air conditioners when it's hot and to limit heating to 19 degrees Celsius this winter, noting that rolling back electricity prices is tougher than it appears this year.

"Everyone has to do their bit," he said.

 

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Experiment Shows We Can Actually Generate Electricity From The Night Sky

Nighttime thermoradiative power converts outgoing infrared radiation into electricity using semiconductor photodiodes, leveraging negative illumination and sky cooling to harvest renewable energy from Earth-to-space heat flow when solar panels rest, regardless of weather.

 

Key Points

Nighttime thermoradiative power converts Earth's outgoing infrared heat into electricity using semiconductor diodes.

✅ Uses negative illumination to tap Earth-to-space heat flow

✅ Infrared semiconductor photodiodes generate small nighttime current

✅ Theoretical output ~4 W/m^2; lab demo reached 64 nW/m^2

 

There's a stark contrast between the freezing temperatures of space and the relatively balmy atmosphere of Earth, and that contrast could help generate electricity, scientists say – and alongside concepts such as space-based solar power, utilizing the same optoelectronic physics used in solar panels. The obvious difference this would have compared with solar energy is that it would work during the night time, a potential source of renewable power that could keep on going round the clock and regardless of weather conditions.

Solar panels are basically large-scale photodiodes - devices made out of a semiconducting material that converts the photons (light particles) coming from the Sun into electricity by exciting electrons in a material such as silicon, while concepts like space solar beaming could complement them during adverse weather.

In this experiment, the photodiodes work 'backwards': as photons in the form of infrared radiation - also known as heat radiation - leave the system, a small amount of energy is produced, similar to how raindrop electricity harvesting taps ambient fluxes in other experiments.

This way, the experimental system takes advantage of what researchers call the "negative illumination effect" – that is, the flow of outgoing radiation as heat escapes from Earth back into space. The setup explained in the new study uses an infrared semiconductor facing into the sky to convert this flow into electrical current.

"The vastness of the Universe is a thermodynamic resource," says one of the researchers, Shanhui Fan from Stanford University in California.

"In terms of optoelectronic physics, there is really this very beautiful symmetry between harvesting incoming radiation and harvesting outgoing radiation."

It's an interesting follow-up to a research project Fan participated in last year: a solar panel that can capture sunlight while also allowing excess heat in the form of infrared radiation to escape into space.

In the new study, this "energy harvesting from the sky" process can produce a measurable amount of electricity, the researchers have shown – though for the time being it's a long way from being efficient enough to contribute to our power grids, but advances in peer-to-peer energy sharing could still make niche deployments valuable.

In the team's experiments they were able to produce 64 nanowatts per square metre (10.8 square feet) of power – only a trickle, but an amazing proof of concept nevertheless. In theory, the right materials and conditions could produce a million times more than that, and analyses of cheap abundant electricity show how rapidly such advances compound, reaching about 4 watts per square metre.

"The amount of power that we can generate with this experiment, at the moment, is far below what the theoretical limit is," says one of the team, Masashi Ono from Stanford.

When you consider today's solar panels are able to generate up to 100-200 watts per square metre, and in China solar is cheaper than grid power across every city, this is obviously a long way behind. Even in its earliest form, though, it could be helpful for keeping low-power devices and machines running at night: not every renewable energy device needs to power up a city.

Now that the researchers have proved this can work, the challenge is to improve the performance of the experimental device. If it continues to show promise, the same idea could be applied to capture energy from waste heat given off by machinery, and results in humidity-powered generation suggest ambient sources are plentiful.

"Such a demonstration of direct power generation of a diode facing the sky has not been previously reported," explain the researchers in their published paper.

"Our results point to a pathway for energy harvesting during the night time directly using the coldness of outer space."

The research has been published in Applied Physics Letters.

 

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California Gets $500M to Upgrade Power Grid

California Grid Modernization Funding will upgrade transmission and distribution, boost grid resilience, enable renewable energy integration, expand energy storage, and deploy smart grid controls statewide with over $500 million in federal infrastructure investment.

 

Key Points

Federal support to harden California's grid, integrate renewables, add storage, and deploy smart upgrades for reliability.

✅ Strengthens transmission and distribution for wildfire and heat resilience

✅ Integrates solar and wind with storage and advanced grid controls

✅ Deploys smart meters, DER management, and modern cybersecurity

 

California has recently been awarded over $500 million in federal funds to significantly improve and modernize its power grid. This substantial investment marks a pivotal step in addressing the state’s ongoing energy challenges, enhancing grid resilience, and supporting its ambitious climate goals. The funding, announced by federal and state officials, is set to bolster California’s efforts to upgrade its electrical infrastructure, integrate renewable energy sources, and ensure a more reliable and sustainable energy system for its residents.

California's power grid has faced numerous challenges in recent years, including extreme weather events, high energy demand, and an increasing reliance on renewable energy sources. The state's electrical infrastructure has struggled to keep pace with these demands, leading to concerns about reliability, efficiency, and the capacity to handle new energy technologies. The recent federal funding is a critical component of a broader strategy to address these issues and prepare the grid for future demands.

The $500 million in federal funds is part of a larger initiative to support energy infrastructure projects across the United States, including a Washington state grant that strengthens regional infrastructure. The investment aims to modernize aging grid systems, improve energy efficiency, and enhance the integration of renewable energy sources. For California, this funding represents a significant opportunity to address several key areas of concern in its power grid.

One of the primary objectives of the funding is to enhance the resilience of the power grid. California has experienced a series of extreme weather events, including wildfires and heatwaves, driven in part by climate change impacts across the U.S., which have put considerable strain on the electrical infrastructure. The new investment will support projects designed to strengthen the grid’s ability to withstand and recover from these events. This includes upgrading infrastructure to make it more robust and less susceptible to damage from natural disasters.

Another key focus of the funding is the integration of renewable energy sources. California is a leader in the adoption of solar and wind energy, and the state has set ambitious goals for increasing its use of clean energy. However, integrating these variable energy sources into the grid presents technical challenges, including ensuring a stable and reliable power supply. The federal funds will be used to develop and deploy advanced technologies that can better manage and store renewable energy, such as battery storage systems, improving the overall efficiency and effectiveness of the grid.

In addition to resilience and renewable integration, the funding will also support efforts to modernize grid infrastructure. This includes upgrading transmission and distribution systems, implementing smarter electricity infrastructure and smart grid technologies, and enhancing grid management and control systems. These improvements are essential for creating a more flexible and responsive power grid that can meet the evolving needs of California’s energy landscape.

The investment in grid modernization also aligns with California’s broader climate goals. The state has set targets to reduce greenhouse gas emissions and increase the use of clean energy sources as it navigates keeping the lights on during its energy transition. By improving the power grid and supporting the integration of renewable energy, California is making progress toward achieving these goals while also creating jobs and stimulating economic growth.

The allocation of federal funds comes at a crucial time for California. The state has faced significant challenges in recent years, including power outages, energy reliability issues, and increasing energy costs that make repairing California's grid especially complex today. The new funding is expected to address many of these concerns by supporting critical infrastructure improvements and ensuring that the state’s power grid can meet current and future demands.

Federal and state officials have expressed strong support for the funding and its potential impact. The investment is seen as a major step forward in creating a more resilient and sustainable energy system for California. It is also expected to serve as a model for other states facing similar challenges in modernizing their power grids and integrating renewable energy sources.

The federal funding is part of a broader push to address infrastructure needs across the country. The Biden administration has prioritized investment in energy infrastructure, including a $34 million DOE initiative supporting grid improvements, as part of its broader agenda to combat climate change and build a more sustainable economy. The funding for California’s power grid is a reflection of this commitment and an example of how federal resources can support state and local efforts to improve infrastructure and address pressing energy challenges.

In summary, California’s receipt of over $500 million in federal funds represents a significant investment in the state’s power grid. The funding will support efforts to enhance grid resilience, integrate renewable energy sources, and modernize infrastructure. As California continues to face challenges related to extreme weather, energy reliability, and climate goals, this investment will play a crucial role in building a more reliable, efficient, and sustainable energy system. The initiative also highlights the importance of federal support in addressing infrastructure needs and advancing environmental and economic goals.

 

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Ontario explores possibility of new, large scale nuclear plants

Ontario Nuclear Expansion aims to meet rising electricity demand and decarbonization goals, complementing renewables with energy storage, hydroelectric, and SMRs, while reducing natural gas reliance and safeguarding grid reliability across the province.

 

Key Points

A plan to add large nuclear capacity to meet demand, support renewables, cut gas reliance, and maintain grid reliability

✅ Adds firm, low-carbon baseload to complement renewables

✅ Reduces reliance on natural gas during peak and outages

✅ Requires public and Indigenous engagement on siting

 

Ontario is exploring the possibility of building new, large-scale nuclear plants in order to meet increasing demand for electricity and phase out natural gas generation.

A report late last year by the Independent Electricity System Operator found that the province could fully eliminate natural gas from the electricity system by 2050, starting with a moratorium in 2027, but it will require about $400 billion in capital spending and more generation including new, large-scale nuclear plants.

Decarbonizing the grid, in addition to new nuclear, will require more conservation efforts, more renewable energy sources and more wind and solar power sources and more energy storage, the report concluded.

The IESO said work should start now to assess the reliability of new and relatively untested technologies and fuels to replace natural gas, and to set up large, new generation sources such as nuclear plants and hydroelectric facilities.

The province has not committed to a natural gas moratorium or phase-out, or to building new nuclear facilities other than its small modular reactor plans, but it is now consulting on the prospect.

A document recently posted to the government’s environmental registry asks for input on how best to engage the public and Indigenous communities on the planning and location of new generation and storage facilities.

Building new nuclear plants is “one pathway” toward a fully electrified system, Energy Minister Todd Smith said in an interview.

“It’s a possibility, for sure, and that’s why we’re looking for the feedback from Ontarians,” he said. “We’re considering all of the next steps.”

Environmental groups such as Environmental Defence oppose new nuclear builds, as well as the continued reliance on natural gas.

“The IESO’s report is peddling the continued use of natural gas under the guise of a decarbonization plan, and it takes as a given the ramping up of gas generation and continues to rely on gas generated electricity until 2050, which is embarrassingly late,” said Lana Goldberg, Environmental Defence’s Ontario climate program manager.

“Building new nuclear is absurd when we have safe and much cheaper alternatives such as wind and solar power.”

The IESO has said the flexibility natural gas provides, alongside new gas plants, is needed to keep the system stable while new and relatively untested technologies are explored and new infrastructure gets built, but also as an electricity supply crunch looms.

Ontario is facing a shortfall of electricity with the Pickering nuclear station set to be retired, others being refurbished, and increasing demands including from electric vehicles, new electric vehicle and battery manufacturing, electric arc furnaces for steelmaking, and growth in the greenhouse and mining industries.

The government consultation also asks whether “additional investment” should be made in clean energy in the short term in order to decrease reliance on natural gas, “even if this will increase costs to the electricity system and ratepayers.”

But Smith indicated the government isn’t keen on higher costs.

“We’re not going to sacrifice reliability and affordability,” he said. “We have to have a reliable and affordable system, otherwise we won’t have people moving to electrification.”

The former Liberal government faced widespread anger over high hydro bills _ highlighted often by the Progressive Conservatives, then in Opposition — driven up in part by long-term contracts at above-market rates with clean power producers secured to spur a green energy transition.

 

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B.C. Hydro adds more vehicle charging stations across southern B.C.

BC Hydro EV Charging Stations expand provincewide with DC fast chargers, 80% in 30 minutes at 35 c/kWh, easing range anxiety across Vancouver, Vancouver Island, Coquihalla Highway, East Kootenay, between Kamloops and Prince George.

 

Key Points

Public DC fast-charging network across B.C. enabling 80% charge in 30 minutes to cut EV range anxiety.

✅ 28 new stations added; 30 launched in 2016

✅ 35 c/kWh; about $3.50 per tank equivalent

✅ Coverage: Vancouver, Island, Coquihalla, East Kootenay

 

B.C. Hydro is expanding its network of electric vehicle charging stations.

The Crown utility says 28 new stations complete the second phase of its fast-charging network and are in addition to the 30 stations opened in 2016.

Thirteen of the stations are in Metro Vancouver, seven are on Vancouver Island, including one at the Pacific Rim Visitor Centre near Tofino, another is in Campbell River, and two have opened on the Coquihalla segment of B.C.'s Electric Highway at the Britton Creek rest area.

A further six stations are located throughout the East Kootenay and B.C. Hydro says the next phase of its program will connect drivers travelling between Kamloops and Prince George, while stations in Prince Rupert are also being planned.

BC Hydro has also opened a fast charging site in Lillooet, illustrating expansion into smaller communities.

Hydro spokeswoman Mora Scott says the stations can charge an electric vehicle to 80 per cent in just 30 minutes, at a cost of 35 cents per kilowatt hour.

Mora Scott says that translates to roughly $3.50 for the equivalent of a full tank of gas in the average four-cylinder car.

“The number of electric vehicles on B.C. roads is increasing, there’s currently around 9,000 across the province, and we actually expect that number to rise to 300,000 by 2030,” Scott says in a news release.

In partnership with municipalities, regional districts and several businesses, B.C. Hydro has been installing charging stations throughout the province since 2012 with support from the provincial and federal governments and programs such as EV charger rebates available to residents.

Scott says the utility wants to ensure the stations are placed where drivers need them so charging options are available provincewide.

“One big thing that we know drivers of electric vehicles worry about is the concept called range anxiety, that the stations aren’t going to be where they need them,” she says.

Several models of electric vehicle are now capable of travelling up to 500 kilometres on a single charge, says Scott.

BC Hydro president Chris O’Riley says the new charging sites will encourage electric vehicle drivers to explore B.C. this summer.

 

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Wyoming wind boost for US utility

Black Hills Energy Corriedale Wind Farm Expansion earns regulatory approval in Wyoming, boosting capacity to over 52MW near Cheyenne with five turbines, supporting Renewable Ready customers and wind power goals under PUC and PSC oversight.

 

Key Points

An approved Wyoming wind project upgrade to over 52MW, adding five turbines to serve Renewable Ready customers.

✅ Adds 12.5MW via five new wind turbines near Cheyenne

✅ Cost increases to $79m; prior estimate $57m

✅ Approved by SD PUC after Wyoming PSC review

 

US company Black Hills Energy has received regulatory approval to increase the size of its Corriedale wind farm in Wyoming, where Wyoming wind exports to California are advancing, to over 52MW from 40MW previously.

The South Dakota Public Utilities Commission approved the additional 12.5MW capacity after the Wyoming Public Service Commission determined the boost was within commission rules, as federal initiatives like DOE wind energy awards continue to support the sector.

Black Hills Energy will install five additional turbines, raising the project cost to $79m from $57m, amid growing heartland wind investment across the region.
Corriedale will be built near Cheyenne and is expected to be placed in service in late 2020.

Similar market momentum is seen in Canada, where a Warren Buffett-linked Alberta wind farm is planned to expand capacity across the region.

Black Hills said that during the initial subscription period for its Renewable Ready program, applications of interest from eligible commercial, industrial and governmental agency customers were received in excess of the program's 40MW, underscoring the view that more energy sources can make stronger projects.

Black Hills Corporations chief executive and president Linden Evans said: “We are pleased with the opportunity to expand our Renewable Ready program, allowing us to meet our customers’ interest in renewable wind energy, which co-op members increasingly support.

“This innovative program expands our clean energy portfolio while meeting our customers’ evolving needs, particularly around cleaner and more sustainable energy, as projects like new energy generation coming online demonstrate.”

 

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