Judge: Duke Energy misled jurors about witness

By Evansville Courier & Press


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Lawyers for Duke Energy misled jurors about a witness who testified during a trial over whether the utility broke federal clean air laws at power plants in Indiana and Ohio, a federal judge has ruled.

During last year's trial of a clean air lawsuit, Duke Energy portrayed a witness with knowledge of improvements at its coal-fired power plants simply as a former employee.

At the same time, Duke attorneys portrayed government witnesses as experts who were paid for their testimony, according to the recent ruling by U.S. District Court Judge Larry McKinney.

After the trial it was discovered that Duke had agreed to pay its witness $200 an hour for his testimony, according to the court record, the Evansville Courier & Press reported.

In his December 18 ruling, McKinney wrote that knowing that information could have changed the jury's perception of the facts and its decisions. The jury had ruled largely in Duke's favor in May.

"The case involved a substantial amount of a retired employee's time, including his travel. So he was paid. It is a routine fee," Angeline Protogere, a Duke Energy spokeswoman, told the Courier & Press.

The ruling paves the way for a new trial on most of the charges, and it gives the government and environmentalists who joined the lawsuit a second chance to prove that the company violated the Clean Air Act.

The lawsuit, filed in 1999, charges that Cinergy, now owned by Charlotte, N.C.-based Duke Energy, made changes at the power plants without updating pollution controls.

A new trial date has not been set, but Duke Energy's lawyers have been ordered to attend a January 13 hearing in Indianapolis and explain why they should not be suspended from practicing before the federal court in Indianapolis and pay court costs.

When the lawsuit was filed, it was one of several alleging that various utilities had not followed part of the Clean Air Act called New Source Review. Many of those companies settled the lawsuits out of court.

New Source Review is supposed to ensure that new or changed power plants and factories do not make air quality worse when they make additions or changes.

The jury ruled in Duke's favor on 10 of the 14 allegations, but the utility company lost on four allegations related to its Wabash River Power Station near Terre Haute, Indiana.

"This is important environmentally. The jury verdict last spring was problematic for us, but it did give us a win on one of the facilities. We were glad that the jury saw fit to rule for us on the Wabash River plant in May," said Jonathan Lewis, a Clean Air Task Force attorney.

"These are plants which have significantly contributed to Indiana's and Ohio's air pollution."

Regardless of the violations alleged in the lawsuit, Protogere said, Duke has since made large investments to reduce air pollution at its power plants, not only in Indiana and Ohio but also in Kentucky, North Carolina and South Carolina.

"A lot of the improvements at issue have already been made at these plants," she said.

By 2010, Protogere said Duke will have cut nitrogen oxide and sulfur dioxide pollution 70 percent at its power plants.

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Germany agrees 200 bln euro package to shield against surging energy prices

Germany Energy Price Defensive Shield counters soaring gas and electricity costs with a gas price brake, VAT cut, subsidies for households and SMEs, LNG terminals, renewables, temporary nuclear extension, and targeted borrowing to curb inflation.

 

Key Points

A 200 billion euro package to cap energy costs, subsidize basics, and stabilize inflation for firms and households.

✅ Gas price brake and VAT cut reduce consumer and SME energy bills.

✅ Temporary electricity subsidies and nuclear extension aid winter supply.

✅ Funded via new borrowing; supports LNG and renewable expansion.

 

German Chancellor Olaf Scholz set out a 200 billion euro ($194 billion) "defensive shield", including a gas price brake and a cut in sales tax for the fuel, to protect companies and households from the impact of soaring energy prices in Germany.

Europe's biggest economy is trying to cope with surging gas and electricity costs, with local utilities seeking help, caused largely by a collapse in Russian gas supplies to Europe, which Moscow has blamed on Western sanctions following its invasion of Ukraine in February.

3 minute readSeptember 29, 202211:35 AM PDTLast Updated 6 days ago
Germany agrees 200 bln euro package to shield against surging energy prices
By Holger Hansen and Kirsti Knolle

"Prices have to come down, so the government will do everything it can. To this end, we are setting up a large defensive shield," said Scholz.

Under the plans, to run until spring 2024, the government will introduce an emergency price brake on gas, the details of which will be announced next month, while Europe weighs emergency measures to limit electricity prices across the bloc. It is scrapping a planned gas levy meant to help firms struggling with high spot market prices. 

A temporary electricity price brake will subsidise basic consumption for consumers and small and medium-sized companies, and complements an electricity subsidy for industries under discussion. Sales tax on gas will fall to 7% from 19%.

In its efforts to cut its dependence on Russian energy, Germany is also promoting the expansion of renewable energy and developing liquefied gas terminals, but rolling back European electricity prices remains complex.

To help households and companies weather any winter supply disruption, amid rising heating and electricity costs this winter, especially in southern Germany, two nuclear plants previously due to close by the end of this year will be able to keep running until spring 2023.

The package will be financed with new borrowing this year, as Berlin makes use of the suspension of a constitutionally enshrined limit on new debt of 0.35% of gross domestic product.

Finance Minister Christian Lindner has said he wants to comply with the limit again next year, even as the EU outlines gas price cap strategies for the market.

Lindner, of the pro-business Free Democrats (FDP) who share power with Scholz's Social Democrats and the Greens, said on Thursday the country's public finances were stable.

"We can put it no other way: we find ourselves in an energy war," said Lindner. "We want to clearly separate crisis expenditure from our regular budget management, we want to send a very clear signal to the capital markets."

He also said the steps would act as a brake on inflation, which hit its highest level in more than a quarter of century in September.

Opposition conservative Markus Soeder, premier of the southern state of Bavaria, said the steps gave the right signal.

"It gives industry and citizens confidence that we can get through the winter," he said.

 

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Britain's energy security bill set to become law

UK Energy Security Bill drives private investment, diversifies from fossil fuels with hydrogen and offshore wind, strengthens an independent system operator, and extends the retail price cap to shield consumers from volatile gas markets.

 

Key Points

A UK plan to reform energy, cut fossil fuel reliance, boost hydrogen and wind, and extend the retail price cap.

✅ Targets £100bn private investment and 480,000 jobs by 2030.

✅ Creates an independent system operator for grid planning.

✅ Extends retail energy price cap; mitigates volatile gas costs.

 

The British government said that plans to bolster the country's energy security, diversify away from fossil fuels amid the Europe energy crisis and protect consumers from spiralling prices are set to become law.

Britain's energy security bill will be introduced to Parliament on Wednesday and includes 26 measures to reform the energy system, including ending the gas-electricity price link, and reduce its dependency on fossil fuels and exposure to volatile gas prices.

Global energy prices have skyrocketed this year, and UK natural gas and electricity have risen sharply, particularly after Russia's invasion of Ukraine which has led to many European countries trying to reduce reliance on Russian pipeline gas and seek cheaper alternatives.

The bill will help drive 100 billion pounds ($119 billion) of private sector investment by 2030 into industries to diversify Britain's energy supply, including hydrogen and offshore wind, which could help lower costs as a 16% decrease in bills in April is anticipated, and create around 480,000 jobs by the end of the decade, the government said.

"We’re going to slash red tape, get investment into the UK, and grab as much global market share as possible in new technologies to make this plan a reality," Business and Energy Secretary Kwasi Kwarteng, amid high winter energy costs, said in a statement.

The bill will establish a new independent system operator to coordinate and plan Britain's energy system, while MPs move to restrict prices for gas and electricity through oversight.

It will also enable the extension of a cap on retail energy prices beyond 2023, with the price cap cost under scrutiny, which limits the amount suppliers can charge for each unit of gas and electricity.

The bill will also enable the secretary of state to prevent potential disruptions to the downstream oil sector due to industrial action or malicious protests, the government added.

 

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Trudeau vows to regulate oil and gas emissions, electric car sales

Canada Oil and Gas Emissions Cap sets five-year targets to cut sector emissions toward net-zero by 2050, alongside an EV mandate, carbon pricing signals, and support for carbon capture, clean energy jobs, climate policy.

 

Key Points

A federal policy to regulate and reduce oil and gas emissions via 5-year targets, reaching net-zero by 2050.

✅ Regulated 5-year milestones to cut oil and gas emissions to net-zero by 2050

✅ Interim EV mandate: 50% by 2030; 100% zero-emission sales by 2035

✅ $2B fund for clean energy jobs in oil- and gas-reliant communities

 

Liberal Leader Justin Trudeau vowed to regulate total emissions from Canada’s oil and gas producers as he laid out his first major climate change promises of the campaign Sunday, a plan that was welcomed by several environmental and climate organizations.

Trudeau said that if re-elected, the Liberals will set out regulated five-year targets for emissions from oil and gas production to get them to net-zero emissions by 2050, a goal that, according to an IEA report will require more electricity, but also create a $2 billion fund to create jobs in oil and gas-reliant communities in Alberta, Saskatchewan and Newfoundland and Labrador.

“Let’s be realistic, over a quarter of Canada’s emissions come from our oil and gas sector. We need the leadership of these industries to decarbonize our country,” Trudeau said.

“That’s why we’ll make sure oil and gas emissions don’t increase and instead go down with achievable milestones,” while ensuring local economies can prosper.“

The Liberals are also introducing an interim electric vehicle mandate, which will require half the cars sold in Canada to be zero-emission by 2030, and because cleaning up electricity is critical to meeting climate pledges, the policy pairs with power-sector decarbonization, ahead of the final mandated target of 100 per cent by 2035.

Trudeau spoke in Cambridge, Ont., where protesters once again made an appearance amid a visible police presence. Officers carried one woman off the property when she refused to leave when asked.

Trudeau alluded to the protesters and their actions, which included sounding sirens and chanting expletives, as he defended his government’s record on climate change including progress in the electricity sector nationally, and touted its new plan.

“Sirens in the background may remind us that this is a climate emergency. That’s why we will move faster and be bolder,” he said.

Canada’s largest oilsands producers have already committed to reaching net zero greenhouse gas emissions by 2050, but the policy proposed Sunday “calls the oil companies’ bluff” by making those goals a legislated requirement, said Keith Stewart, senior energy strategist with Greenpeace Canada.

The new timeline for electric vehicles also “sends a clear signal to auto companies to get cracking (and build them here),” he said on Twitter, even as proposals like a fully renewable grid by 2030 are debated today. “We’d like to see this happen faster but the shift away from voluntary targets to requirements is big.”


Merran Smith, executive director of Clean Energy Canada, a climate program at Simon Fraser University, said clean electricity, clean transportation and “phasing out oil and gas with accountable milestones” must be key priorities over the next decade, aligning with Canada’s race to net-zero and the role of renewable energy.

“Today’s announcement, which checks all of these boxes, is not just good ambition_it’s good policy. Policy that will drive down carbon pollution and drive up clean job growth and economic competitiveness. It is policy that will drive Canada forward with cleaner cars, power Canada with clean electricity, and invest in businesses that will last such as battery manufacturing, electric vehicle manufacturing and low carbon steel,” Smith said in an email.

Michael Bernstein, executive director of the climate policy organization Clean Prosperity, said the promises laid out Sunday offer a “strong boost” to the federal government’s previous climate commitments.

He said the organization prefers market incentives such as carbon pricing, that spur innovation over further regulation. But since the largest oilsands companies have already committed to reaching net-zero emissions, he said the newly unveiled policy could provide some support.

“ First, I would encourage the Liberal Party to release independent modelling showing the types of emissions reductions they expect to achieve with their new package of policies. Second, many policies are referred to in general terms so I hope the Liberal Party will provide further details in the coming days,” he said.

“Finally, the document does not specifically mention carbon capture or carbon dioxide removal technologies but both technologies will be critical to achieve some of the pledges in today’s announcement, especially reaching net-zero emissions in the oil a gas sector.”

NDP Leader Jagmeet Singh painted the announcement as the latest in a string of “empty promises” from the Liberals on climate change, saying Canada has the highest increase in greenhouse gas emissions among all G7 countries, and that provinces like B.C. risk missing 2050 targets as well, he argued.

“Climate targets mean nothing when you don’t act on them. We can’t afford more of Justin Trudeau’s empty words on climate change,” he said in a statement.

The Trudeau Liberals submitted new targets to the United Nations in July, promising that Canada will curb emissions by 40 to 45 per cent from 2005 levels by 2030, building on the net-zero by 2050 plan announced earlier, officials say.

 

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New Hampshire rejects Quebec-Massachusetts transmission proposal

Northern Pass Project faces rejection by New Hampshire regulators, halting Hydro-Quebec clean energy transmission lines to Massachusetts; Eversource vows appeal as the Site Evaluation Committee cites development concerns and alternative routes through Vermont and Maine.

 

Key Points

A project to transmit Hydro-Quebec power to Massachusetts via New Hampshire, recently rejected by state regulators.

✅ New Hampshire SEC denied the transmission application

✅ Up to 9.45 TWh yearly from Hydro-Quebec to Massachusetts

✅ Eversource plans appeal; alternative routes via Vermont, Maine

 

Regulators in the state of New Hampshire on Thursday rejected a major electricity project being piloted by Quebec’s hydro utility and its American partner, Eversource.

Members of New Hampshire’s Site Evaluation Committee unanimously denied an application for the Northern Pass project a week after the state of Massachusetts green-lit the proposal.

Both states had to accept the project, as the transmission lines were to bring up to 9.45 terawatt hours of electricity per year from Quebec’s hydroelectric plants to Massachusetts as part of Hydro-Quebec’s export bid to New England, through New Hampshire.

The 20-year proposal was to be the biggest export contract in Hydro-Quebec’s history, in a region where Connecticut is leading a market overhaul that could affect pricing, and would generate up to $500 million in annual revenues for the provincial utility.

Hydro-Quebec’s U.S. partner, Eversource, said in a new release it was “shocked and outraged” by the New Hampshire regulators’ decision and suggested it would appeal.

“This decision sends a chilling message to any energy project contemplating development in the Granite State,” said Eversource. “We will be seeking reconsideration of the SEC’s decision, as well as reviewing all options for moving this critical clean energy project forward, including lessons from electricity corridor construction in Maine.”

The New Hampshire Union Leader reported Thursday the seven members of the evaluation committee said the project’s promoters couldn’t demonstrate the proposed energy transport lines wouldn’t interfere with the region’s orderly development.

Hydro-Quebec spokesman Serge Abergel said the decision wasn’t great news but it didn’t put a end to the negotiations between the company and the state of Massachusetts.

The hydro utility had proposed alternatives routes through Vermont and Maine amid a 145-mile transmission line debate over the corridor should the original plan fall through.

“There is a provision included in the process in the advent of an impasse, which allows Massachusetts to go back and choose the next candidate on the list,” Abergel said in an interview. “There are still cards left on the table.”

 

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Westinghouse AP1000 Nuclear Plant Breaks A First Refueling Outage Record

AP1000 Refueling Outage Record showcases Westinghouse nuclear power excellence as Sanmen Unit 2 completes its first reactor refueling in 28.14 days, highlighting safety, reliability, outage optimization, and economic efficiency in China.

 

Key Points

It is the 28.14-day initial refueling at Sanmen Unit 2, a global benchmark achieved with Westinghouse AP1000 technology.

✅ 28.14-day first refueling at Sanmen Unit 2 sets global benchmark

✅ AP1000 design simplifies systems, improves safety and reliability

✅ Outage optimization by Westinghouse and CNNC accelerates schedules

 

Westinghouse Electric Company China operations today announced that Sanmen Unit 2, one of the world's first AP1000® nuclear power plants, has set a new refueling outage record in the global nuclear power industry, completing its initial outage in 28.14 days.

"Our innovative AP1000 technology allows for simplified systems and significantly reduces the amount of equipment, while improving the safety, reliability and economic efficiency of this nuclear power plant, reflecting global nuclear milestones reached recently," said Gavin Liu, president of the Westinghouse Asia Operating Plant Services Business. "We are delighted to see the first refueling outage for Sanmen Unit 2 was completed in less than 30 days. This is a great achievement for Sanmen Nuclear Power Company and further demonstrates the outstanding performance of AP1000 design."

All four units of the AP1000 nuclear power plants in China have completed their first refueling outages in the past 18 months, aligning with China's nuclear energy development momentum across the sector.  The duration of each subsequent outage has fallen significantly - from 46.66 days on the first outage to 28.14 days on Sanmen Unit 2.

"During the first AP1000 refueling outage at the Sanmen site in December 2019, a Westinghouse team of experts worked side-by-side with the Sanmen outage team to partner on outage optimization, and immediately set a new standard for a first-of-a-kind outage, while major refurbishments like the Bruce refurbishment moved forward elsewhere," said Miao Yamin, chairman of CNNC Sanmen Nuclear Power Company Limited. "Lessons learned were openly exchanged between our teams on each subsequent outage, which has built to this impressive achievement."

Westinghouse provided urgent technical support on critical issues during the outage, as international programs such as Barakah Unit 1 achieved key milestones, to help ensure that work was carried out on schedule with no impact to critical path.

In addition to the four AP1000 units in China, two units are under construction at the Vogtle expansion near Waynesboro, Georgia, USA.

Separately, in the United States, a new reactor startup underscored renewed momentum in nuclear generation this year.

 

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British Columbians can access more in EV charger rebates

B.C. EV Charging Rebates boost CleanBC incentives as NRCan and ZEVIP funding covers up to 75% of Level 2 and DC fast-charger purchase and installation costs for homes, workplaces, condos, apartments, and fleet operators.

 

Key Points

Incentives in B.C. cover up to 75% of Level 2 and DC fast charger costs for homes, workplaces, and fleets.

✅ Up to 75% back; Level 2 max $5,000; DC fast max $75,000 for fleets.

✅ Eligible sites: homes, workplaces, condos, apartments, fleet depots.

✅ Funded by CleanBC with NRCan ZEVIP; time-limited top-up.

 

The Province and Natural Resources Canada (NRCan) are making it more affordable for people to install electric vehicle (EV) charging stations in their homes, businesses and communities, as EV demand ramps up across the province.

B.C. residents, businesses and municipalities can receive higher rebates for EV charging stations through the CleanBC Go Electric EV Charger Rebate and Fleets programs. For a limited time, funding will cover as much as 75% of eligible purchase and installation costs for EV charging stations, which is an increase from the previous 50% coverage.

“With electric vehicles representing 13% of all new light-duty vehicles sold in B.C. last year, our province has the strongest adoption rate of electric vehicles in Canada. We’re positioning ourselves to become leaders in the EV industry,” said Bruce Ralston, B.C.’s Minister of Energy, Mines and Low Carbon Innovation. “We’re working with our federal partners to increase rebates for home, workplace and fleet charging, and making it easier and more affordable for people to make the switch to electric vehicles.”

With a $2-million investment through NRCan’s Zero-Emission Vehicle Infrastructure Program (ZEVIP) to top up the Province’s EV Charger Rebate program, workplaces, condominiums and apartments can get a rebate for a Level 2 charging station for as much as 75% of purchase and installation costs to a maximum of $5,000. As many as 360 EV chargers will be installed through the program.

“We’re making electric vehicles more affordable and charging more accessible where Canadians live, work and play,” said Jonathan Wilkinson, federal Minister of Natural Resources. “Investing in more EV chargers, like the ones announced today in British Columbia, will put more Canadians in the driver’s seat on the road to a net-zero future and help achieve our climate goals.”

Through the CleanBC Go Electric Fleets program and in support of B.C. businesses that own and operate fleet vehicles, NRCan has invested $1.54 million through ZEVIP to top up rebates. Fleet operators can get combined rebates from NRCan and the Province for a Level 2 charging station as much as 75% to a maximum of $5,000 of purchase and installation costs, and 75% to a maximum of $75,000 for a direct-current, fast-charging station. As many as 450 EV chargers will be installed through the program.

CleanBC is a pathway to a more prosperous, balanced and sustainable future. It supports government’s commitment to climate action to meet B.C.’s emission targets and build a cleaner, stronger economy.

Quick Facts:

  • A direct-current fast charger on the BC Electric Highway allows an EV to get 100-300 kilometres of range from 30 minutes of charging.
  • Faster chargers, which give more range in less time, are coming out every year.
  • A Level 2 charger allows an EV to get approximately 30 kilometres of range per hour of charging.
  • It uses approximately the same voltage as a clothes dryer and is usually installed in homes, workplaces or for fleets to get a faster charge than a regular outlet, or in public places where people might park for a longer time.
  • A key CleanBC action is to strengthen the Zero-Emission Vehicles Act to require light-duty vehicle sales to be 26% zero-emission vehicles (ZEVs) by 2026, 90% by 2030 and 100% by 2035, five years ahead of the original target.
  • At the end of 2021, B.C. had more than 3,000 public EV charging stations and almost 80,000 registered ZEVs.

Learn More:

To learn more about home and workplace EV charging-station rebates, eligibility and application processes, visit: https://goelectricbc.gov.bc.ca/   

To learn more about the Fleets program, visit: https://pluginbc.ca/go-electric-fleets/    

To learn more about Natural Resources Canada’s Zero-Emission Vehicle Infrastructure Program, visit:
https://www.nrcan.gc.ca/energy-efficiency/transportation-alternative-fuels/zero-emission-vehicle-infrastructure-program/21876

 

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