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FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

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EV Charging Grid Readiness addresses how rising EV adoption, larger batteries, and fast charging affect electric utilities, using vehicle-to-grid, energy storage, mobile and temporary chargers, and smart charging to mitigate distribution stress.

Key Points

Planning and tech to manage EV load growth with V2G, storage and smart charging to avoid overloads on distribution grids.

✅ Lithium-ion costs may drop 60%, enabling new charger models

✅ Mobile and temporary chargers buffer local distribution peaks

✅ Smart charging and V2G defer transformer and feeder upgrades

The impacts of COVID-19 likely mean flat electric vehicle (EV) sales this year, but a trio of new reports say the long-term outlook is for strong growth — which means the electric grid and especially state power grids will need to respond.

As EV adoption grows, newer vehicles will put greater stress on the electric grid due to their larger batteries and capacity for faster charging, according to Rhombus Energy Solutions, while a DOE lab finds US electricity demand could rise 38% as EV adoption scales. A new white paper from the company predicts the cost of lithium-ion batteries will drop by 60% over the next decade, helping enable a new set of charging solutions.

Meanwhile, mobile and temporary EV charging will grow from 0.5% to 2% of the charging market by 2030, according to new Guidehouse research. The overall charging market is expected to reach reach almost $16 billion in revenues in 2020 and more than $60 billion by 2030. ​A third report finds long-range EVs are growing their share of the market as well, and charging them could cause stress to electric distribution systems. 

"One can expect that the number of EVs in fleets will grow very rapidly over the next ten years," according to Rhombus' report. But that means many fleet staging areas will have trouble securing sufficient charging capacity as electric truck fleets scale up.

"Given the amount of time it takes to add new megawatt-level power feeds in most cities (think years), fleet EVs will run into a significant 'power crisis' by 2030," according to Rhombus.

"Grid power availability will become a significant problem for fleets as they increase the number of electric vehicles they operate," Rhombus CEO Rick Sander said in a statement. "Integrating energy storage with vehicle-to-grid capable chargers and smart [energy management system] solutions as seen in California grid stability efforts is a quick and effective mitigation strategy for this issue."

Along with energy storage, Guidehouse says a new, more flexible approach to charger deployment enabled by grid coordination strategies will help meet demand. That means chargers deployed by a van or other mobile stations, and "temporary" chargers that can help fleets expand capacity. 

According to Guidehouse, the temporary units "are well positioned to de-risk large investments in stationary charging infrastructure" while also providing charge point networks and service providers "with new capabilities to flexibly supply predictable changes in EV transportation behaviors and demand surges."

"Mobile charging is a bit of a new area in the EV charging scene. It primarily leverages batteries to make chargers mobile, but it doesn't necessarily have to," Guidehouse Senior Research Analyst Scott Shepard told Utility Dive. 

"The biggest opportunity is with the temporary charging format," said Shepard. "The bigger units are meant to be located at a certain site for a period of time. Those units are interesting because they create a little more scale-ability for sites and a little risk mitigation when it comes to investing in a site."

"Utilities could use temporary chargers as a way to provide more resilient service, using these chargers in line with on-site generation," Shepard said.

Increasing rates of EV adoption, combined with advances in battery size and charging rates, "will impact electric utility distribution infrastructure at a higher rate than previously projected," according to new analysis from FleetCarma.

The charging company conducted a study of over 3,900 EVs, illustrating the rapid change in vehicle capabilities in just the last five years. According to FleetCarma, today's EVs use twice as much energy and draw it at twice the power level. The long-range EV has increased as a proportion of new electric vehicle sales from 14% in 2014 to 66% in 2019 in the United States, it found.

Long-range EVs "are very different from older electric vehicles: they are driven more, they consume more energy, they draw power at a higher level and they are less predictable," according to FleetCarma.

Guidehouse analysts say grid modernization efforts and energy storage can help smooth the impacts of charging larger vehicles. 

Mobile and temporary charging solutions can act as a "buffer" to the distribution grid, according to Guidehouse's report, allowing utilities to avoid or defer some transmission and distribution upgrade costs that could be required due to stress on the grid from newer vehicles.

"At a high level, there's enough power and energy to supply EVs with proper management in place," said Shepard. "And in a lot of different locations, those charging deployments will be built in a way that protects the grid. Public fast charging, large commercial sites, they're going to have the right infrastructure embedded."

"But for certain areas of the grid where there is low visibility, there is the potential for grid disruption and questions about whether the UK grid can cope with EV demand," said Shepard. "This has been on the mind of utilities but never realized: overwhelming residential transformers."

As EVs with higher charging and energy capacities are connected to the grid, Shepard said, "you are going to start to see some of those residential systems come under pressure, and probably see increased incidences of having to upgrade transformers." Some residential upgrades can be deferred through smarter charging programs, he added.

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Arc One Electric Speedboat delivers zero-emission performance, quiet operation, and reduced maintenance, leveraging battery propulsion, aerospace engineering, and venture-backed innovation to cut noise pollution, fuel costs, and water contamination in high-performance marine recreation.

Key Points

Arc One Electric Speedboat is a battery-powered, zero-emission craft offering quiet, high-performance marine cruising.

✅ 475 hp, 24 ft hull, about 40 mph top speed

✅ Cuts noise, fumes, and water contamination vs gas boats

✅ Backed by Andreessen Horowitz; ex-SpaceX engineers

A team of former SpaceX rocket engineers have joined the race to build the first commercial electric speedboat.

The Arc Boat company announced it had raised $4.25m (£3m) in seed funding to start work on a 24ft 475-horsepower craft that will cost about $300,000.

The LA-based company, which is backed by venture capital firm Andreessen Horowitz (an early backer of Facebook and Airbnb), said the first model of the Arc One boat would be available for sale by the end of the year.

Mitch Lee, Arc’s chief executive, said he wanted to build electric boats because of the impact conventional petrol- or diesel-powered boats have on the environment.

“They not only get just two miles to the gallon, they also pump a lot of those fumes into the water,” Lee said. “In addition, there is the huge noise pollution factor [of conventional boats] and that is awful for the marine life. With gas-powered boats it’s not just carbon emissions into the air, it’s also polluting the water and causing noise pollution. Electric boats, like electric ships clearing the air on the B.C. coast, eliminate all that.”

Lee said electric vessels would also reduce the hassle of boat ownership. “I love being out on the water, being on a boat is so much fun, but owning a boat is so awful,” he said. “I have always believed that electric boats make sense. They will be quicker, quieter and way cheaper and easier to operate and maintain, with access options like an electric boat club in Seattle lowering barriers for newcomers.”

While the first models will be very expensive, Lee said the cost was mostly in developing the technology and cheaper versions would be available in the future, mirroring advances in electric aviation seen across the industry. “It is very much the Tesla approach – we are starting up market and using that income to finance research and development and work our way down market,” he said.

Lee said the technology could be applied to larger craft, and even ferries could run on electricity in the future, as projects for battery-electric high-speed ferries begin to scale.

“We started in February with no team, no money and no warehouse,” he said. “By December we are going to be selling the Arc One, and we are hiring aggressively because we want to accelerate the adoption of electric boats across a whole range of craft, including an electric-ready ferry on Kootenay Lake.”

Lee founded the company with fellow mechanical engineer Ryan Cook. Cook, the company’s chief technology officer, was previously the lead mechanical engineer at Elon Musk’s space exploration company SpaceX where he worked on the Falcon 9 rocket, the world’s first orbital class reusable rocket. In parallel, Harbour Air's electric aircraft highlights cross-sector electrification. Apart from Lee, all of Arc’s employees have some experience working at SpaceX.

The Arc boat, which would have a top speed of 40 mph, joins a number of startups rushing to make the first large-scale production of electric-powered speedboats, while a Vancouver seaplane airline demonstrates complementary progress with a prototype electric aircraft. The Monaco Yacht Club this month held a competition for electric boat prototypes to “instigate a new vision and promote all positive approaches to bring yachting into line” with global carbon dioxide emission reduction targets. Sweden’s Candela C-7 hydrofoil boat was crowned the fastest electric vessel.

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Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

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Duke Energy Carolinas Solar RFP draws 3.9 GW of utility-scale bids, oversubscribed in DEP and DEC, below avoided cost rates, minimal battery storage, strict PPA terms, and interconnection challenges across North and South Carolina.

Key Points

Utility-scale solar procurement in DEC and DEP, evaluated against avoided cost, with few storage bids and PPA terms.

✅ 3.9 GW bids for 680 MW; DEP most oversubscribed

✅ Most projects 7-80 MWac; few include battery storage

✅ Bids must price below 20-year avoided cost estimate

Last week the independent administrator for Duke’s 680 MW solar solicitation revealed data about the projects which have bid in response to the offer, showing a massive amount of interest in the opportunity.

Overall, 18 individuals submitted bids for projects in Duke Energy Carolinas (DEC) territory and 10 in Duke Energy Progress (DEP), with a total of more than 3.9 GW of proposals – more nearly 6x the available volume. DEP was relatively more over-subscribed, with 1.2 GWac of projects vying for only 80 MW of available capacity.

This is despite a requirement that such projects come in below the estimate of Duke’s avoided cost for the next 20 years, and amid changes in solar compensation that could affect project economics. Individual projects varied in capacity from 7-80 MWac, with most coming within the upper portion of that range.

These bids will be evaluated in the spring of 2019, and as Duke Energy Renewables continues to expand its portfolio, Duke Energy Communications Manager Randy Wheeless says he expects the plants to come online in a year or two.

Lack of storage

Despite recent trends in affordable batteries, of the 78 bids that came in only four included integrated battery storage. Tyler Norris, Cypress Creek Renewables’ market lead for North Carolina, says that this reflects that the methodology used is not properly valuing storage.

“The lack of storage in these bids is a missed opportunity for the state, and it reflects a poorly designed avoided cost rate structure that improperly values storage resources, commercially unreasonable PPA provisions, and unfavorable interconnection treatment toward independent storage,” Norris told pv magazine.

“We’re hopeful that these issues will be addressed in the second RFP tranche and in the current regulatory proceedings on avoided cost and state interconnection standards and grid upgrades across the region.”

Limited volume for North Carolina?

Another curious feature of the bids is that nearly the same volume of solar has been proposed for South Carolina as North Carolina – despite this solicitation being in response to a North Carolina law and ongoing legal disputes such as a church solar case that challenged the state’s monopoly model.

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Duke Energy Net Metering Proposal updates rooftop solar compensation with time-of-use rates, lower grid credits, and a minimum charge, aligning payments with electricity demand in North Carolina pending regulators' approval.

Key Points

A plan to swap flat credits for time-of-use rates and a minimum charge for rooftop solar customers in North Carolina.

✅ Time-of-use credits vary by grid demand

✅ $10 minimum use charge plus $14 basic fee

✅ Aims to align solar payouts with actual electricity value

Duke Energy has proposed new rules for how owners of rooftop solar panels are paid for electricity they send to the electric grid. It could mean more complexity and lower payments, but the utility says rates would be fairer.

State legislators have called for changes in the payment rules — known as "net metering" policies that allow households to sell power back to energy firms.

Right now, solar panel owners who produce more electricity than they need get credits on their bills, equal to whatever they pay for electricity. Under the proposed changes, the credit would be lower and would vary according to electricity demand, said Duke spokesperson Randy Wheeless.

"So in a cold winter morning, like now, you would get more, but maybe in a mild spring day, you would get less," Wheeless said Tuesday. "So, it better reflects what the price of electricity is."

Besides setting rates by time of use, solar owners also would have to pay a minimum of $10 a month for electricity, even if they don't use any from the grid. That's on top of Duke's $14 basic charge. Duke said it needs the extra revenue to pay for grid infrastructure to serve solar customers.

The proposal is the result of an agreement between Duke and solar industry groups — the North Carolina Sustainable Energy Association; the Southern Environmental Law Center, which represented Vote Solar and the Southern Alliance for Clean Energy; solar panel maker Sunrun Inc.; and the Solar Energy Industries Association.

The deal is similar to one approved by regulators in South Carolina last year, while in Nova Scotia a solar charge was delayed after controversy.

Daniel Brookshire of the North Carolina Sustainable Energy Association said he hopes the agreement will help the solar industry.

"We reached an agreement here that we think will provide certainty over the next decade, at least, for those interested in pursuing solar for their homes, and for our members who are solar installers," Brookshire said.

But other environmental and consumer groups oppose the changes, amid debates over who pays for grid upgrades elsewhere. Jim Warren with NC WARN said the rules would slow the expansion of rooftop solar in North Carolina.

"It would make it even harder for ordinary people to go solar," Warren said. "This would make it more complicated and more expensive, even for wealthier homeowners."

State regulators still must approve the proposal, even as courts weigh aspects of the electricity monopoly in related solar cases. If state regulators approve it, rates for new net metering customers would take effect Jan. 1, 2023.

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