Key Kansas lawmakers upset over power line dispute

By Associated Press


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Legislators involved in energy policy are upset that state regulators plan to take another year to decide which of two competing companies will build the region's highest-voltage power lines.

The Republican chairmen and ranking Democrats on the House and Senate utilities committees said that they're worried such a delay will prevent the development of wind farms.

"We're going to have to try to figure out some kind of way to speed up the time," said Rep. Annie Kuether, of Topeka, the ranking Democrat on the House committee.

The new lines could carry up to six times as much electricity as the biggest existing lines in the region. They could move large volumes of power from wind farms to consumers and help meet a growing demand for electricity.

Both companies have applications before the Kansas Corporation Commission, which regulates utilities. Both propose routes across southern Kansas, at a cost of $2.2 million per mile.

One applicant is ITC Great Plains, a Topeka-based subsidiary of a Detroit-area transmission company. The other involves Topeka-based Westar Energy Inc., the state's largest electric utility; an Ohio energy company and an Iowa firm with ties to billionaire investor Warren Buffett.

Senate committee Chairman Jay Emler, of Lindsborg, said he and others want to pursue a bill giving the KCC eight months to rule on future requests to build such power lines. He said lawmakers also could consider a measure to force a quicker decision in the ITC-Prairie Wind contest.

"We don't want to see another year's worth of delays," Emler said. "We're not trying to make the decision for them. We just think it needs to be made more expeditiously."

The commission said it would decide by June 2009 whether ITC and Prairie Wind Transmission, the partnership involving Westar, are qualified to build their proposed lines. Then, in December 2009, the commission would pick of the proposals.

In outlining its schedule, the KCC said the successful company could spend as much as $600 million. Costs could be passed along to ratepayers in seven states, including Kansas, and the KCC said it would not "rubber stamp" an application before considering how consumers would be affected.

Commission Chairman Tom Wright also urged the two applicants to draft a joint, compromise plan, saying having the KCC pick one over the other could lead to court battles and ongoing questions.

Nicole Corcoran, a spokeswoman for Gov. Kathleen Sebelius, who appointed the commission's three members, said: "We support the efforts of the KCC and respect their approach on the timeline."

And David Springe, chief attorney for a state board representing residential utility customers and small businesses, questioned whether the legislators are being realistic. Springe said there are no laws or court precedents to guide the KCC, leaving it to set standards for choosing an applicant.

"We have no framework at all to ask the question, 'who can build them cheaper?'" Springe said.

ITC had hoped to have its lines up in 2011, and Prairie Wind plans to have its lines built by 2013.

The legislators said there's urgency to getting the new lines up because of the potential for developing wind farms, particularly in southwest Kansas. They said other states, particularly Oklahoma, are moving ahead aggressively with wind energy.

"If this thing gets delayed, the wind generation will be built in Oklahoma, not in Kansas," said Rep. Carl Dean Holmes, of Liberal, the House committee's chairman. "Without transmission lines, you can't move the energy."

ITC Great Plains is a subsidiary of ITC Holdings Corp., of Novi, Mich. It has transmission lines mostly in Michigan but also in Illinois, Iowa, Minnesota and Missouri.

Its V-shaped route is 180 miles. It would drop from the Wichita area, through Medicine Lodge to the Kansas-Oklahoma border, then run up to the Dodge City area.

Prairie Wind's rival project would have a 230-mile, Y-shaped track. The first part would be from Wichita to Medicine Lodge. From there, separate legs would go to the border and to Dodge City.

In Prairie Wind, Westar is involved with subsidiaries of American Electric Power, of Columbus, Ohio, and MidAmerican Energy Holdings Co., of Des Moines, Iowa. Buffett is a MidAmerican director, and his Berkshire Hathaway Inc. is MidAmerican's majority owner.

Sen. Janis Lee, of Kensington, the ranking Democrat on the Senate panel, said the KCC's decision is taking "far too long."

"It's going to put the development of wind generation in western Kansas at risk," she said. "I'm afraid that other states will move ahead of us."

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Uzbekistan Looks To Export Electricity To Afghanistan

Surkhan-Pul-e-Khumri Power Line links Uzbekistan and Afghanistan via a 260-kilometer transmission line, boosting electricity exports, grid reliability, and regional trade; ADB-backed financing could open Pakistan's energy market with 24 million kWh daily.

 

Key Points

A 260-km line to expand Uzbekistan power exports to Afghanistan, ADB-funded, with possible future links to Pakistan.

✅ 260 km Surkhan-Pul-e-Khumri transmission link

✅ +70% electricity exports; up to 24M kWh daily

✅ ADB $70M co-financing; $32M from Uzbekistan

 

Senior officials with Uzbekistan’s state-run power company have said work has begun on building power cables to Afghanistan that will enable them to increase exports by 70 per cent, echoing regional trends like Ukraine resuming electricity exports after grid repairs.

Uzbekenergo chief executive Ulugbek Mustafayev said in a press conference on March 24 that construction of the Afghan section of the 260-kilometer Surkhan-Pul-e-Khumri line will start in June.

The Asian Development Bank has pledged $70 million toward the final expected $150 million bill of the project. Another $32 million will come from Uzbekistan.

Mustafayev said the transmission line would give Uzbekistan the option of exporting up to 24 million kilowatt hours to Afghanistan daily, similar to Ukraine's electricity export resumption amid shifting regional demand.

“We could potentially even reach Pakistan’s energy market,” he said, noting broader regional ambitions like Iran's bid to be a power hub linking regional grids.

#google#

This project was given fresh impetus by Afghan President Ashraf Ghani’s visit to Tashkent in December, mirroring cross-border energy cooperation such as Iran-Iraq energy talks in the region. His Uzbek counterpart, Shavkat Mirziyoyev, had announced at the time that work was set to begin imminently on the line, which will run from the village of Surkhan in Uzbekistan’s Surkhandarya region to Pul-e-Khumri, a town in Afghanistan just south of Kunduz.

In January, Mirziyoyev issued a decree ordering that the rate for electricity deliveries to Afghanistan be dropped from $0.076 to $0.05 per kilowatt.

Mustafayev said up to 6 billion kilowatt hours of electricity could eventually be sent through the power lines. More than 60 billion kilowatt hours of electricity was produced in Uzbekistan in 2017.

According to Tulabai Kurbonov, an Uzbek journalist specializing in energy issues, the power line will enable the electrification of the the Hairatan-Mazar-i-Sharif railroad joining the two countries. Trains currently run on diesel. Switching over to electricity will help reduce the cost of transporting cargo.

There is some unhappiness, however, over the fact that Uzbekistan plans to sell power to Afghanistan when it suffers from significant shortages domestically and wider Central Asia electricity shortages persist.

"In the villages of the Ferghana Valley, especially in winter, people are suffering from a shortage of electricity,” said Munavvar Ibragimova, a reporter based in the Ferghana Valley. “You should not be selling electricity abroad before you can provide for your own population. What we clearly see here is the favoring of the state’s interests over those of the people.”

 

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Power customers in British Columbia, Quebec have faced fees for refusing the installation of smart meters

NB Power Smart Meter Opt-Out Fees reflect cost causation principles set before the Energy and Utilities Board, covering meter reading charges, transmitter-disable options, rollout targets, and education plans across New Brunswick's smart metering program.

 

Key Points

Fees NB Power may apply to customers opting out of smart meters, reflecting cost causation and meter-reading costs.

✅ Based on cost causation and meter reading expenses

✅ BC and Quebec charge monthly opt-out surcharges

✅ Policy finalized during rollout after EUB review

 

NB Power customers who do not want a smart meter installed on their home could be facing a stiff fee for that decision, but so far the utility is not saying how much it might be.  

"It will be based on the principles of cost causation, but we have not gotten into the detail of what that fee would be at this point," said NB Power Senior Vice President of Operations Lori Clark at Energy and Utilities Board hearings on Friday.

In other jurisdictions that have already adopted smart meters, customers not wanting to participate have faced hundreds of dollars in extra charges, while Texas utilities' pullback from smart-home networks shows approaches can differ.

In British Columbia, power customers are charged a meter reading fee of $32.40 per month if they refuse a smart meter, or $20 per month if they accept a smart meter but insist its radio transmitter be turned off. That's a cost of between $240 and $388.80 per year for customers to opt out.

In Quebec, smart meters were installed beginning in 2012. Customers who refused the devices were initially charged $98 to opt out plus a meter reading fee of $17 per month. That was eventually cut by Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month meter reading surcharge.

NB Power said it may be a year or more before it settles on its own fee.

"The opt out policy will be developed and implemented as part of the roll out.  It will be one of the last things we do," said Clark.

 

Customers need to be on board

NB Power is in front of the New Brunswick Energy and Utilities Board seeking permission to spend $122.7 million to install 350,000 smart meters province wide, as neighboring markets grapple with major rate increases that heighten affordability concerns.  

The meters are capable of transmitting consumption data of customers back to NB Power in real time, which the utility said will allow for a number of innovations in pricing and service, and help address old meter inaccuracies that affected some households.

The meters require near universal adoption by customers to maximize their financial benefit — like eliminating more than $20 million a year NB Power currently spends to read meters manually. The utility has said the switch will not succeed if too many customers opt out.

"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.

On Thursday, Kent County resident Daniel LeBlanc, who along with Roger Richard, is opposing the introduction of smart meters for health reasons, predicted a cool reception for the technology in many parts of the province, given concerns that include health effects and billing disputes in Nova Scotia reported elsewhere.

"If one were to ask most of the people in the rural areas, I'm not sure you would get a lot of takers for this infrastructure," said LeBlanc, who is concerned with the long-term effect microwave frequencies used by the meters to transmit data may have on human health.

That issue is before the EUB next week.

 

Haven't tested the waters

NB Power acknowledged it has not measured public opinion on adopting smart meters but is confident it can convince customers it is a good idea for them and the utility, even as seasonal rate proposals in New Brunswick have prompted consumer backlash.

"People don't understand what the smart meter is," said Clark. "We need to educate our customers first to allow them to make an informed decision so that will be part of the roll out plan."

Clark noted that smart meters, helped by stiff opting out penalties, were eventually accepted by 98 per cent of customers in British Columbia and by 97.4 per cent of customers in Quebec.

"We will check and adjust along the way if there are issues with customer uptake," said Clark.

 

"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."

 

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Covid-19 puts brake on Turkey’s solar sector

Turkey Net Metering Suspension freezes regulator reviews, stalling rooftop solar permits and grid interconnections amid COVID-19, pausing licensing workflows, EPC pipelines, and electricity bill credits that drive commercial and household prosumer adoption.

 

Key Points

A pause on technical reviews freezing net metering applications and slowing rooftop solar deployment in Turkey.

✅ Monthly technical committee meetings suspended indefinitely

✅ Rooftop solar permits and grid interconnections on hold

✅ EPC firms urge remote evaluations for transparency

 

The decision by the Turkish Energy Market Regulatory Authority to halt part of the system of processing net metering applications risks bringing the only vibrant segment of the nation’s solar industry to a grinding halt, a risk amplified as global renewables face Covid-19 disruptions across markets.

The regulator has suspended monthly meetings of the committee which makes technical evaluations of net metering applications, citing concerns about the spread of Covid-19, which has already seen U.S. utility-scale solar face delays this year.

The availability of electricity bill credits for net-metering-approved households which inject surplus power into the grid, similar to how British households can sell power back to energy firms, has seen the rooftop projects the scheme is typically associated with remain the only source of new solar generation capacity in Turkey of late.

However the energy regulator’s decision to suspend technical evaluation committee meetings until further notice has seen the largely online licensing process for new solar systems practically cease; by contrast, Berlin is being urged to remove PV barriers to keep projects moving.

The Turkish solar industry has claimed the move is unnecessary, with solar engineering, procurement and construction services businesses pointing out the committee could meet to evaluate projects remotely. It has been argued such a move would streamline the application process and make it more transparent, regardless of the current public health crisis.

 

Net metering 

Turkey introduced net metering for rooftop installations last May and pv magazine has reported the specifics of the scheme, amid debates like New England's grid upgrade costs over who pays.

National grid operator Teias confirmed recently the country added 109 MW of new solar capacity in the first quarter, most of it net-metered rooftop systems, even as Australian distributors warn excess solar can strain local networks.

Net metering has been particularly attractive to commercial electricity users because the owners of small and medium-sized businesses pay more for power, as solar reshapes electricity prices in Northern Europe, than either households or large scale industrial consumers.

Until the recent technical committee decision by the regulator, the chief obstacle to net metering adoption had been the nation’s economic travails. The Turkish lira has lost 14% of its value since January and around 36% over the last two years. The central bank has been using its foreign reserves to support state lenders and the lira but the national currency slipped near an all-time low on Friday and foreign analysts predict the central bank reserves could run dry in July.

The level of exports shipped last month was down 41% on April last year and imports fell 28% by the same comparison, further depressing the willingness of companies to make capital investments such as rooftop solar.

 

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Abengoa, Acciona to start work on 110MW Cerro Dominador CSP plant in Chile

Cerro Dominador CSP Plant delivers 110MW concentrated solar power in Chile's Atacama Desert, with 10,600 heliostats, 17.5-hour molten salt storage, and 24/7 dispatchable energy; built by Acciona and Abengoa within a 210MW complex.

 

Key Points

A 110MW CSP solar-thermal plant in Chile with heliostats and 17.5h molten salt storage, delivering 24/7 dispatchable clean power.

✅ 110MW CSP with 17.5h molten salt for 24/7 dispatch

✅ 10,600 heliostats; part of a 210MW hybrid CSP+PV complex

✅ Built by Acciona and Abengoa; first of its kind in LatAm

 

A consortium formed by Spanish groups Abengoa and Acciona, as Spain's renewable sector expands with Enel's 90MW wind build activity, has signed a contract to complete the construction of the 110MW Cerro Dominador concentrated solar power (CSP) plant in Chile.

The consortium received notice to proceed to build the solar-thermal plant, which is part of the 210MW Cerro Dominador solar complex.

Under the contract, Acciona, which has 51% stake in the consortium and recently launched a 280 MW Alberta wind farm, will be responsible for building the plant while Abengoa will act as the technological partner.

Expected to be the first of its kind in Latin America upon completion, the plant is owned by Cerro Dominador, which in turn is owned by funds managed by EIG Global Energy Partners.

The project will add to a Abengoa-built 100MW PV plant, comparable to California solar projects in scope, which was commissioned in February 2018, to form a 210MW combined CSP and PV complex.

Spread across an area of 146 hectares, the project will feature 10,600 heliostats and will have capacity to generate clean and dispatachable energy for 24 hours a day using its 17.5 hours of molten salt storage technology, a field complemented by battery storage advances.

Expected to prevent 640,000 tons of CO2 emission, the plant is located in the commune of María Elena, in the Atacama Desert, in the Antofagasta Region.

“In total, the complex will avoid 870,000 tons of carbon dioxide emissions into the atmosphere every year and, in parallel with Enel's 450 MW U.S. wind operations, will deliver clean energy through 15-year energy purchase agreements with distribution companies, signed in 2014.

“The construction of the solarthermal plant of Cerro Dominador will have an important impact on local development, with the creation of more than 1,000 jobs in the area during its construction peak, and that will be priority for the neighbors of the communes of the region,” Acciona said in a statement.

The Cerro Dominador plant represents Acciona’s fifth solar thermal plant being built outside of Spain. The firm has constructed 10 solarthermal plants with total installed capacity of 624MW.

Acciona has been operating in Chile since 1993. The company, through its Infrastructure division, executed various construction projects for highways, hospitals, hydroelectric plants and infrastructures for the mining sector.

 

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What Will Drive Utility Revenue When Electricity Is Free?

AI-Powered Utility Customer Experience enables transparency, real-time pricing, smart thermostats, demand response, and billing optimization, helping utilities integrate distributed energy resources, battery storage, and microgrids while boosting customer satisfaction and reducing costs.

 

Key Points

An approach where utilities use AI and real-time data to personalize service, optimize billing, and cut energy costs.

✅ Real-time pricing aligns retail and wholesale market signals

✅ Device control via smart thermostats and home energy management

✅ Analytics reveal appliance-level usage and personalized savings

 

The latest electric utility customer satisfaction survey results from the American Customer Satisfaction Index (ACSI) Energy Utilities report reveal that nearly every investor-owned utility saw customer satisfaction go down from 2018 to 2019. Residential customers are sending a clear message in the report: They want more transparency and control over energy usage, billing and ways to reduce costs.

With both customer satisfaction and utility revenues on the decline, utilities are facing daunting challenges to their traditional business models amid flat electricity demand across many markets today. That said, it is the utilities that see these changing times as an opportunity to evolve that will become the energy leaders of tomorrow, where the customer relationship is no longer defined by sales volume but instead by a utility company's ability to optimize service and deliver meaningful customer solutions.

We have seen how the proliferation of centralized and distributed renewables on the grid has already dramatically changed the cost profile of traditional generation and variability of wholesale energy prices. This signals the real cost drivers in the future will come from optimizing energy service with things like batteries, microgrids and peer-to-peer trading networks. In the foreseeable future, flat electricity rates may be the norm, or electricity might even become entirely free as services become the primary source of utility revenue.

The key to this future is technological innovation that allows utilities to better understand a customer’s unique needs and priorities and then deliver personalized, well-timed solutions that make customers feel valued and appreciated as their utility helps them save and alleviates their greatest pain points.

I predict utilities that adopt new technologies focused on customer experience, aligned with key utility trends shaping the sector, and deliver continual service improvements and optimization will earn the most satisfied, most loyal customers.

To illustrate this, look at how fixed pricing today is applied for most residential customers. Unless you live in one of the states with deregulated utilities where most customers are free to choose a service provider in a competitive marketplace, as consumers in power markets increasingly reshape offerings, fixed-rate tariffs or time-of-use tariffs might be the only rate structures you have ever known, though new utility rate designs are being tested nationwide today. These tariffs are often market distortions, bearing little relation to the real-time price that the utility pays on the wholesale market.

It can be easy enough to compare the rate you pay as a consumer and the market rate that utilities pay. The California ISO has a public dashboard -- as do other grid operators -- that shows the real-time marginal cost of energy. On a recent Friday, for example, a buyer in San Francisco could go to the real-time market and procure electricity at a rate of around 9.5 cents per kilowatt-hour (kWh), yet a residential customer can pay the utility PG&E between 22 cents and 49 cents per kWh amid major changes to electric bills being debated, depending on usage.

The problem is that utility customers do not usually see this data or know how to interpret it in a way that helps add value to their service or drive down the cost.

This is a scenario ripe for innovation. Artificial intelligence (AI) technologies are beginning to be applied to give customers the transparency and control over the energy they desire, and a new type of utility is emerging using real-time pricing signals from wholesale markets to give households hassle-free energy savings. Evolve Energy in Texas is developing a utility service model, even as Texas utilities revisit smart home network strategies, that delivers electricity to consumers at real-time market prices and connects to smart thermostats and other connected devices in the home for simple monitoring and control -- all managed via an intuitive consumer app.

My company, Bidgely, partners with utilities and energy retailers all over the world to apply artificial intelligence and machine learning algorithms to customer data in order to bring transparency to their electricity bills, showing exactly where the customers’ money is going down to the appliance and offering personalized, actionable advice on how to save.

Another example is from energy management company Keewi. Its wireless outlet adaptors are revealing real-time energy usage information to Texas A&M dorm residents as well as providing students the ability to conserve energy through controlling items in their rooms from their smartphones.

These are but a few examples of innovations among many in play that answer the consumer demand for increased transparency and control over energy usage.

Electric service providers will be closely watching how consumers respond to AI-driven innovation, including providers in traditionally regulated markets that are exploring equitable regulation approaches now, to stay aligned with policy and customer expectations. While regulated utilities have no reason to fear that their customers might sign up with a competitor, they understand that the revenues from electricity sales are going down and the deployment of distributed energy resources is going up. Both trends were reflected in a March report from Bloomberg New Energy Finance (via ThinkProgress) that claimed unsubsidized storage projects co-located with solar or wind are starting to compete with coal and gas for dispatchable power. Change is coming to regulated markets, and some of that change can be attributed to customer dissatisfaction with utility service.

Like so many industries before, the utility-customer relationship is on track to become less about measuring unit sales and more about driving revenue through services and delivering the best customer value. Loyal customers are most likely to listen and follow through on the utility’s advice and to trust the utility for a wide range of energy-related products and services. Utilities that make customer experience the highest priority today will emerge tomorrow as the leaders of a new energy service era.

 

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Maryland’s renewable energy facilities break pollution rules, say groups calling for enforcement

Maryland Renewable Energy Violations highlight RPS compliance gaps as facilities selling renewable energy certificates, including waste-to-energy, biomass, and paper mills, face emissions and permit issues, prompting PSC and Attorney General scrutiny of environmental standards.

 

Key Points

Alleged RPS noncompliance by REC-eligible plants, prompting PSC review and potential decertification under Maryland law.

✅ Complaint targets waste-to-energy, biomass plants, and paper mills

✅ Facilities risk loss of REC certification for environmental violations

✅ PSC may investigate nonreporting; AG reviewing evidence

 

Many facilities that supply Maryland with renewable energy have exceeded pollution limits or otherwise broken environmental rules, violating a state law, according to a complaint sent by environmental groups to state energy and law enforcement officials.

Maryland law says that any company that contributes to a state renewable energy goal — half the state’s energy portfolio must come from renewable sources by 2030 — must “substantially comply” with rules on air and water quality and waste management. The complaint says more than two dozen power generators, including paper mills and trash incinerators, have records of formal or informal enforcement actions by environmental authorities.

For years, environmental groups have criticized Maryland policy that counts power plants that produce planet-warming carbon dioxide and health-threatening pollution as “renewable” energy generation, and similar tensions have emerged in California’s reliance on fossil fuels despite ambitious targets, but lawmakers concerned about protecting industrial jobs have resisted reforms. The renewable label qualifies the companies for subsidies drawn from energy bills across the state.

In a complaint filed this week, the groups asked the attorney general and Public Service Commission to step in.

“We’re subsidizing companies to produce dirty energy, but we’re also using ratepayer money to support companies that in many instances are paying environmental fines or just flouting the law,” said Timothy Whitehouse, executive director of Public Employees for Environmental Responsibility. “There’s no one to hold them to account in Maryland.”

A spokeswoman for Attorney General Brian Frosh said his office would review the complaint, which was signed by Whitehouse and Mike Ewall, executive director of the Energy Justice Network.

Public Service Commission officials said the facilities must notify them if found out of compliance with environmental rules, while at the federal level FERC action on aggregated DERs is shaping market participation, and the commission can then revoke certification under the state renewable energy program. In a statement, commission officials said they would launch an investigation if any facility had failed to notify them of any environmental violations, and encouraged anyone with evidence of such a transgression to file a complaint.

Companies named in the document accused the groups of painting an inaccurate picture.

“This complaint is based on misleading arguments designed to halt waste-to-energy practices that have clear environmental benefits recognized by the global scientific community,” said Jim Connolly, vice president of environment, health and safety for Wheelabrator, which owns a Baltimore trash incinerator.

Maryland launched its renewable energy program in 2004, diversifying the state’s energy portfolio with more environmentally friendly sources of power, even as regional debates over a Maine-Québec transmission line highlight cross-border impacts. Under the program, separate from the electricity they generate and sell to the grid, renewable power facilities can sell what are known as renewable energy certificates. Utilities such as Baltimore Gas and Electric Co. are required to buy a growing number of the certificates each year, essentially subsidizing the renewable energy facilities with money from ratepayer bills.

A dozen types of power generation qualify to sell the certificates: Solar, wind, geothermal and hydroelectric plants, as well as “biomass” facilities that burn wood and other organic matter, waste-to-energy plants that burn household trash and paper mills that burn a byproduct known as black liquor.

The complaint focuses on waste incinerators, biomass plants and paper mills, all of which environmental groups have cast as counter to the renewable energy program’s environmental goals, even as ACORE criticized a coal and nuclear subsidy proposal in federal proceedings.

“By subsidizing these corporations, Maryland is diverting the hard-earned income of Maryland ratepayers to wealthy corporations with poor environmental compliance records and undermining the state’s transition to clean renewable energy,” Whitehouse and Ewall wrote.

For example, they note that the Wheelabrator plant in Southwest Baltimore has been fined for exceeding mercury limits in the past. That occurred in 2011, when the plant settled with state regulators for violations in 2010 and 2009.

Connolly said there is “no question” the facility complies with Maryland’s renewable energy law.

Incinerators in Montgomery County and in Fairfax County, Virginia, that are owned by Covanta and sell the energy certificates in Maryland have been cited for accidental fires inside both facilities. The Maryland incinerator violated emissions rules in 2014, the same year that New Jersey forbade the Virginia facility from selling energy certificates into that state’s renewable energy program over concerns it wasn’t following ash testing regulations.

James Regan, a spokesman for Covanta, said both facilities “have excellent compliance records and they operate well below their permitted limits.” He said the Virginia facility is complying with ash testing requirements, and that both facilities emit far lower levels of pollutants such as particulate matter than vehicles do.

“It’s clear to us there’s a lot of misleading and wrong information in this document," Regan said.

The Environmental Protection Agency endorsed waste-to-energy facilities under former President Barack Obama because, while burning household trash emits carbon dioxide, scientists said that still had a smaller impact on global warming than sending trash to landfills, even as industry groups have backed the EPA in a legal challenge to the ACE rule as regulatory approaches shifted.

Environmentalists and community groups say the facilities still are harmful because they emit high levels of pollutants such as mercury, nitrogen oxides and lead. The concerns prompted Baltimore City Council to pass an ordinance in February that tightened emissions limits on the Wheelabrator facility, even as the new EPA pollution limits for coal and gas plants are being proposed, so dramatically that the company said it would no longer be able to operate once the rules go into effect in 2022.

The complaint does not mention the century-old Luke paper mill in Western Maryland that long faced criticism for its participation in the renewable energy program, but which owner Verso Co. closed this year.

It does say several of paper company WestRock’s mills in North Carolina and Virginia have faced both formal and informal EPA enforcement actions for violation of the Clean Water Act, including evolving EPA wastewater limits for power plants and other facilities, and the Clean Air Act. A WestRock spokesperson could not be reached for comment.

The complaint also says a large biomass facility in South Boston, Virginia, owned by the Northern Virginia Electric Cooperative has a record of noncompliance with the Clean Air Act over three years.

John Rainey, the plant’s operations director, said it “experienced some small exceedances to its permit limits,” but that it addressed the issues with Virginia environmental officials and has installed new technology.

All those plants have sold credits in Maryland.

Whitehouse said the environmental groups’ goal is to clean up Maryland’s renewable energy program. They did not file a lawsuit because he said there was no clear cause of action to take the state to court, but said he hopes the complaint nonetheless spurs action.

“It’s not acceptable in a clean energy program that we’re subsidizing some of the most dirty sources of energy,” he said. “Those sources aren’t even in compliance with the law, and no one seems to care.”

 

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