Judge says regulators can't order refunds from California-owned utilities

By The Sacramento Bee


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In a defeat for California's quest for compensation from the 2000-01 electricity crisis, a federal appeals court said regulators couldn't order government-owned utilities to make refunds to the state.

The decision takes up to $1 billion in potential refunds "off the table," said Tom Dresslar, spokesman for California Attorney General Bill Lockyer.

"It's a setback," added Erik Saltmarsh, head of the state Electricity Oversight Board.

He and Dresslar said it wasn't clear what actions the state would take in response to the court's ruling.

The case involved the Federal Energy Regulatory Commission's authority over major government-owned power sellers such as the Los Angeles Department of Water and Power, the federal Bonneville Power Administration and smaller entities like the Sacramento Municipal Utility District.

All sold electricity to the state during the energy crisis, although their sales didn't generate as much attention as deals made by the for-profit energy companies.

Three years ago FERC found that the sellers were liable for refunds but hadn't yet put a price tag on how much they owed.

On Tuesday the U.S. 9th Circuit Court of Appeals in San Francisco said FERC lacked the power to order the government agencies to make any refunds. The court acknowledged "the impact our decision may have on the overall refunds claimed by California ratepayers."

Dresslar and Saltmarsh said Bonneville and Los Angeles would have owed the lion's share of the government agencies' refunds, totaling hundreds of millions of dollars. Smaller entities such as SMUD would have owed several million dollars each, they said.

Los Angeles officials, however, said the potential refund they owed would have been as little as $50 million. They, like other power sellers, said they've done nothing wrong.

"We would certainly take issue (with allegations) that we overcharged anybody," said Jim Shetler, SMUD assistant general manager.

Bonneville, a federally owned network of hydroelectric dams based in Portland, Ore., said it sold power to California at below-market prices.

"We were not gouging," said spokesman Ed Mosey.

Ironically, the case put the state on the same side as FERC, an agency that California officials believe has been unsympathetic to California's cause. "One of the few times we agreed with FERC, and the 9th Circuit slams us," Dresslar said.

But FERC spokesman Bryan Lee said his agency hasn't been unsympathetic to California. It's simply been limited by federal law in how it treats California's refunds demands, and Tuesday's ruling is another example of that, he said.

He said the energy bill signed recently by President Bush gives FERC the authority to order those refunds. But that only applies to future refunds, he said.

It marked the second time in about a week that California's refund effort hit a roadblock. A federal judge dismissed the state's lawsuit accusing a Canadian power seller of price gouging.

Nevertheless, the state has obtained settlements totaling about half of the $9 billion it says it was owed by electricity suppliers for overcharges in 2000 and 2001.

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Global use of coal-fired electricity set for biggest fall this year

Global Coal Power Decline 2019 signals a record fall in coal-fired electricity as China plateaus, India dips, and the EU and US accelerate renewables, curbing carbon emissions and advancing the global energy transition.

 

Key Points

A record 2019 drop in global coal power as renewables rise and demand slows across China, India, the EU, and the US.

✅ 3% global fall in coal-fired electricity in 2019.

✅ China plateaus; India declines for first time in decades.

✅ EU and US shift to renewables and gas, cutting emissions.

 

The world’s use of coal-fired electricity is on track for its biggest annual fall on record this year after more than four decades of near-uninterrupted growth that has stoked the global climate crisis.

Data shows that coal-fired electricity is expected to fall by 3% in 2019, or more than the combined coal generation in Germany, Spain and the UK last year and could help stall the world’s rising carbon emissions this year.

The steepest global slump on record is likely to emerge in 2019 as India’s reliance on coal power falls for the first time in at least three decades this year, and China’s coal power demand plateaus, reflecting the broader global energy transition underway.

Both developing nations are using less coal-fired electricity due to slowing economic growth in Asia as well as the rise of cleaner energy alternatives. There is also expected to be unprecedented coal declines across the EU and the US as developed economies turn to clean forms of energy such as low-cost solar power to replace ageing coal plants.

In almost 40 years the world’s annual coal generation has fallen only twice before: in 2009, in the wake of the global financial crisis, and in 2015, following a slowdown in China’s coal plants amid rising levels of deadly air pollution.

The research was undertaken by the Centre for Research on Energy and Clean Air , the Institute for Energy Economics and Financial Analysis and the UK climate thinktank Sandbag.

The researchers found that China’s coal-fired power generation was flatlining, despite an increase in the number of coal plants being built, because they were running at record low rates. China builds the equivalent of one large new coal plant every two weeks, according to the report, but its coal plants run for only 48.6% of the time, compared with a global utilisation rate of 54% on average.

The findings come after a report from Global Energy Monitor found that the number of coal-fired power plants in the world is growing, because China is building new coal plants five times faster than the rest of the world is reducing their coal-fired power capacity.

The report found that in other countries coal-fired power capacity fell by 8GW in the 18 months to June but over the same period China increased its capacity by 42.9GW.

In a paper for the industry journal Carbon Brief, the researchers said: “A 3% reduction in power sector coal use could imply zero growth in global CO2 emissions, if emissions changes in other sectors mirror those during 2018.”

However, the authors of the report have warned that despite the record coal power slump the world’s use of coal remained far too high to meet the climate goals of the Paris agreement, and some countries are still seeing increases, such as Australia’s emissions rise amid increased pollution from electricity and transport.

The US – which is backing out of the Paris agreement – has made the deepest cuts to coal power of any developed country this year by shutting coal plants down in favour of gas power and renewable energy, with utilities such as Duke Energy facing investor pressure to disclose climate plans. By the end of August the US had reduced coal by almost 14% over the year compared with the same months in 2018.

The EU reported a record slump in coal-fired electricity use in the first half of the year of almost a fifth compared with the same months last year. This trend is expected to accelerate over the second half of the year to average a 23% fall over 2019 as a whole. The EU is using less coal power in favour of gas-fired electricity – which can have roughly half the carbon footprint of coal – and renewable energy, helped by policies such as the UK carbon tax that have slashed coal-fired generation.

We will not stay quiet on the escalating climate crisis and we recognise it as the defining issue of our lifetimes. The Guardian will give global heating, wildlife extinction and pollution the urgent attention they demand. Our independence means we can interrogate inaction by those in power. It means Guardian reporting will always be driven by scientific facts, never by commercial or political interests.

We believe that the problems we face on the climate crisis are systemic and that fundamental societal change is needed. We will keep reporting on the efforts of individuals and communities around the world who are fearlessly taking a stand for future generations and the preservation of human life on earth. We want their stories to inspire hope. We will also report back on our own progress as an organisation, as we take important steps to address our impact on the environment.

 

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State-owned electricity generation firm could save Britons nearly 21bn a year?

Great British Energy could cut UK electricity costs via public ownership, investing in clean energy like wind, solar, tidal, and nuclear, curbing windfall profits, stabilizing bills, and reinvesting returns through a state-backed generator.

 

Key Points

A proposed state-backed UK generator investing in clean power to cut costs and return gains to taxpayers.

✅ Publicly owned investment in wind, solar, tidal, and nuclear

✅ Cuts electricity bills by reducing generators' windfall profits

✅ Funded via bonds or asset buyouts; non-profit operations

 

A publicly owned electricity generation firm could save Britons nearly £21bn a year, according to new analysis that bolsters Labour’s case to launch a national energy company if the party gains power.

Thinktank Common Wealth has calculated that the cost of generating electricity to power homes and businesses could be reduced by £20.8bn or £252 per household a year under state ownership, according to a report seen by the Guardian.

The Labour leader, Keir Starmer, has committed to creating “a publicly owned national champion in clean energy” named Great British Energy.

Starmer is yet to lay out the exact structure of the mooted company, although he has said it would not involve nationalising existing assets, or become involved in the transmission grid or retail supply of energy.

Starmer instead hopes to create a state-backed entity that would invest in clean energy – wind, solar, tidal, nuclear, large-scale storage and other emerging technologies – creating jobs and ensuring windfalls from the growth in low carbon power feed back to the government.

The Common Wealth report, which analysed scenarios for reforming the electricity market, said that a huge saving on electricity costs could be made by buying out assets such as wind, solar and biomass generators on older contracts and running them on a non-profit basis. Funding the measure could require a government bond issuance, or some form of compulsory purchase process.

Last year the government attempted to get companies operating low carbon generators, including nuclear power plants, on older contracts to switch to contracts for difference (CfD), allowing any outsized profits to flow back to taxpayers. However, the government later decided to tax eligible firms through the electricity generator levy instead.

The Common Wealth study concluded that a publicly owned low carbon energy generator would best deliver on Britain’s climate and economic goals, would eliminate windfall profits made by generators and would cut household bills significantly.

MPs and campaigners have argued that Britain’s energy companies should be nationalised since the energy crisis, even as coal-free records have multiplied and renewables still need more support, which has resulted in North Sea oil and gas producers and electricity generators making windfall profits, and a string of retail suppliers collapsing, costing taxpayers billions. Detractors of nationalisation in energy argue it can stifle innovation and expose taxpayers to huge financial risks.

Common Wealth pointed out that more than 40% of the UK’s offshore wind generation capacity was publicly owned by overseas national entities, meaning the benefits of high electricity prices linked to the war in Ukraine had flowed back to other governments.

The study found the publicly owned generator model would create more savings than other options, including a drive for voluntary CfDs; splitting the generation market between low carbon and fossil fuel sources at a time when wind and solar have outproduced nuclear, and a “single buyer model” with nationalised retail suppliers.

 

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Hydro-Québec to Invest $750 Million in Carillon Generating Station

Hydro-Québec Carillon Refurbishment delivers a $750M hydropower modernization, replacing six turbines and upgrading civil works, water passageways, and grid equipment to extend run-of-river, renewable energy output for peak demand near Montréal.

 

Key Points

A $750M project replacing six units and upgrading civil, water and electrical systems to supply power for 50 years.

✅ Replaces six generating units with Andritz turbines.

✅ Upgrades civil works, water passageways, and electrical gear.

✅ Extends run-of-river output for 50 years; boosts peak supply.

 

Hydro-Québec will invest $750 million to refurbish its Carillon generating station with a major powerhouse upgrade that will mainly replace six generating units. The investment also covers the cost of civil engineering work, including making adjustments to water passageways, upgrading electrical equipment and replacing the station roof. Work will start in 2021, aligning with Hydro-Québec's capacity expansion plans for 2021, and continue until 2027.

Carillon generating station is a run-of-river power plant consisting of 14 generating units with a total installed capacity of 753 MW. Built in the early 1960s, it is a key part of Hydro-Québec's hydroelectric generating fleet, which includes the La Romaine complex as well. The station is close to the greater Montréal area and feeds power into the grid to support industrial demand growth during peak consumption periods.

The selected supplier, turbine manufacturer Andritz, has been asked to maximize the project's economic spinoffs in Québec, as Canada continues investing in new turbines across the country to modernize assets. Once the work is completed, the new generating units will be able to provide clean, renewable energy, supporting Hydro-Québec's strategy to reduce fossil fuel reliance for the next 50 years.

"Carillon generating station is a symbol of our hydroelectric development and plays a strategic role in our production fleet. However, most of the generating units' main components date back to the station's original construction from 1959 to 1962. Hydropower generating stations have long service lives - with this refurbishment, Carillon will be producing clean renewable energy for decades to come." said David Murray, Chief Innovation Officer and President, Hydro-Québec Production.

"In light of today's economic situation, this is an important announcement that clearly reaffirms Hydro-Québec's role in relaunching Québec's economy and strengthening interprovincial electricity partnerships that open new markets. Over 600,000 hours of work will be required for everything from the engineering work to component assembly, creating many new high-quality skilled jobs for Québec industries."

 

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Southern California Edison Faces Lawsuits Over Role in California Wildfires

SCE Wildfire Lawsuits allege utility equipment and power lines sparked deadly Los Angeles blazes; investigations, inverse condemnation, and stricter utility regulations focus on liability, vegetation management, and wildfire safety amid Santa Ana winds.

 

Key Points

Residents sue SCE, alleging power lines ignited LA wildfires; seeking compensation under inverse condemnation.

✅ Videos cited show sparking lines near alleged ignition points.

✅ SCE denies wrongdoing; probes and inspections ongoing.

✅ Inverse condemnation may apply regardless of negligence.

 

In the aftermath of devastating wildfires in Los Angeles, residents have initiated legal action, similar to other mega-fire lawsuits underway in California, against Southern California Edison (SCE), alleging that the utility's equipment was responsible for sparking one of the most destructive fires. The fires have resulted in significant loss of life and property, prompting investigations into the causes and accountability of the involved parties.

The Fires and Their Impact

In early January 2025, Los Angeles experienced severe wildfires that ravaged neighborhoods, leading to the loss of at least 29 lives and the destruction of approximately 155 square kilometers of land. Areas such as Pacific Palisades and Altadena were among the hardest hit. The fires were exacerbated by arid conditions and strong Santa Ana winds, which contributed to their rapid spread and intensity.

Allegations Against Southern California Edison

Residents have filed lawsuits against SCE, asserting that the utility's equipment, particularly power lines, ignited the fires. Some plaintiffs have presented videos they claim show sparking power lines in the vicinity of the fire's origin. These legal actions seek to hold SCE accountable for the damages incurred, including property loss, personal injury, and emotional distress.

SCE's Response and Legal Context

Southern California Edison has denied any wrongdoing, stating that it has not detected any anomalies in its equipment that could have led to the fires. The utility has pledged to cooperate fully with investigations to determine the causes of the fires. California's legal framework, particularly the doctrine of "inverse condemnation," allows property owners to seek compensation from utilities for damages caused by public services, even without proof of negligence. This legal principle has been central in previous cases involving utility companies and wildfire damages, and similar allegations have arisen in other jurisdictions, such as an alleged faulty transformer case, highlighting shared risks.

Historical Context and Precedents

This situation is not unprecedented. In 2018, Pacific Gas and Electric (PG&E) faced similar allegations when its equipment was implicated in the Camp Fire, the deadliest wildfire in California's history. PG&E's equipment was found to have ignited the fire, and the company later pleaded guilty in the Camp Fire, leading to extensive litigation and financial repercussions for the company, while its bankruptcy plan won support from wildfire victims during restructuring. The case highlighted the significant risks utilities face regarding wildfire safety and the importance of maintaining infrastructure to prevent such disasters.

Implications for California's Utility Regulations

The current lawsuits against SCE underscore the ongoing challenges California faces in balancing utility operations with wildfire prevention, as regulators face calls for action amid rising electricity bills. The state has implemented stricter regulations and oversight, and lawmakers have moved to crack down on utility spending to mitigate wildfire risks associated with utility infrastructure. Utilities are now required to invest in enhanced safety measures, including equipment inspections, vegetation management, and the implementation of advanced technologies to detect and prevent potential fire hazards. These regulatory changes aim to reduce the incidence of utility-related wildfires and protect communities from future disasters.

The legal actions against Southern California Edison reflect the complex interplay between utility operations, public safety, and environmental stewardship. As investigations continue, the outcomes of these lawsuits may influence future policies and practices concerning utility infrastructure and wildfire prevention in California. The state remains committed to enhancing safety measures to protect its residents and natural resources from the devastating effects of wildfires.

 

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Explainer: Europe gets ready to revamp its electricity market

EU Electricity Market Reform seeks to curb gas-driven volatility by expanding CfDs and PPAs, decoupling power from gas, and aligning consumer bills with low-cost renewables and nuclear, as Brussels advances market redesign.

 

Key Points

An EU plan to curb price spikes by expanding long-term contracts and tying bills to cheap renewables.

✅ Expands CfDs and PPAs to lock in predictable power prices

✅ Aims to decouple bills from gas-driven wholesale volatility

✅ Seeks investment certainty for renewables, nuclear, and grids

 

European Union energy ministers meet on Monday to debate upcoming power market reforms. Brussels is set to propose the revamp next month, but already countries are split over how to "fix" the energy system - or whether it needs fixing at all.

Here's what you need to know.


POST-CRISIS CHANGES
The European Commission pledged last year to reform the EU's electricity market rules, after record-high gas prices - caused by cuts to Russian gas flows - sent power prices soaring during an energy crisis for European companies and citizens.

The aim is to reform the electricity market to shield consumer energy bills from short-term swings in fossil fuel prices, and make sure that Europe's growing share of low-cost renewable electricity translates into lower prices, even though rolling back electricity prices poses challenges for policymakers.

Currently, power prices in Europe are set by the running cost of the plant that supplies the final chunk of power needed to meet overall demand. Often, that is a gas plant, so gas price spikes can send electricity prices soaring.

EU countries disagree on how far the reforms should go.

Spain, France and Greece are among those seeking a deep reform.

In a document shared with EU countries, seen by Reuters, Spain said the reforms should help national regulators to sign more long-term contracts with electricity generators to pay a fixed price for their power.

Nuclear and renewable energy producers, for example, would receive a "contract for difference" (CfD) from the government to provide power during their lifespan - potentially decades - at a stable price that reflects their average cost of production.

Similarly, France suggests, as part of a new electricity pricing scheme, requiring energy suppliers to sign long-term, fixed-price contracts with power generators - either through a CfD, or a private Power Purchase Agreement (PPA) between the parties.

French officials say this would give the power plant owner predictable revenue, while enabling consumers to have part of their energy bill comprised of this more stable price.

Germany, Denmark, Latvia and four other countries oppose a deep reform, and, as nine EU countries oppose reforms overall, have warned the EU against a "crisis mode" overhaul of a complex system that has taken decades to develop.

They say Europe's existing power market is functioning well, and has fostered years of lower power prices, supported renewable energy and helped avoid energy shortages.

Those countries support only limited tweaks, such as making it easier for consumers to choose between fluctuating and fixed-price power contracts.


'DECOUPLE' PRICES?
The Commission initially pitched the reform as a chance to "decouple" gas and power prices in Europe, suggesting a redesign of the current system of setting power prices. But EU officials say Brussels now appears to be leaning towards more modest changes.

A public consultation on the reforms last month steered clear of a deep energy market intervention. Rather, it suggested expanding Europe's use of long-term contracts, outlining a plan for more fixed-price contracts that provide power plants with a fixed price for their electricity, like CfDs or PPAs.

The Commission said this could be done by setting EU-wide rules for CfDs and letting countries voluntarily use them, or require new state-funded power plants to sign CfDs. The consultation mooted the idea of forcing existing power plants to sign CfDs, but said this could deter much-needed investments in renewable energy.


RISKS, REWARDS
Pro-reform countries like Spain say a revamped power market will bring down energy prices for consumers, by matching their bills more closely with the true cost of producing lower-carbon electricity.

France says the aim is to secure investment in low-carbon energy including renewables, and nuclear plants like those Paris plans to build. It also says lowering power prices should be part of Europe's response to massive industrial subsidies in the United States and China - by helping European firms keep a competitive edge.

But sceptics warn that drastic changes to the market could knock confidence among investors, putting at risk the hundreds of billions of euros in renewable energy investments the EU says are needed to quit Russian fossil fuels under its plan to dump Russian energy and meet climate goals.

Energy companies including Engie (ENGIE.PA), Orsted (ORSTED.CO) and Iberdrola (IBE.MC) have said making CfDs mandatory or imposing them retroactively on existing power plants could deter investment and trigger litigation from energy companies.


POLITICAL DEBATE
EU countries' energy ministers discuss the reforms on Monday, before formal negotiations begin.

The Commission, which drafts EU laws, plans to propose the reforms on Mar. 14. After that, EU countries and lawmakers negotiate the final law, which must win majority support from European Parliament lawmakers and a reinforced majority of at least 15 countries.

Negotiations on major EU legislation often take more than a year, but some countries are pushing for a fast-tracked deal. France wants the law to be finished this year.

That has already hit resistance from countries like Germany, highlighting a France-Germany tussle over the scope of reform as they say deeper changes cannot be rushed through, and they would need an "in-depth impact assessment" - something the Commission's upcoming proposal is not expected to include, because it has been drafted so quickly.

The timeline is further complicated by European Parliament elections in 2024. That has raised concerns in reform-hungry states that failure to strike a deal before the election could significantly delay the reforms, if negotiations have to pause until a new EU parliament is elected.

 

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Western Canada drought impacting hydropower production as reservoirs run low

Western Canada Hydropower Drought strains British Columbia and Manitoba as reservoirs hit historic lows, cutting hydroelectric output and prompting power imports, natural gas peaking, and grid resilience planning amid climate change risks this winter.

 

Key Points

Climate-driven reservoir lows cut hydro in B.C. and Manitoba, prompting imports and backup gas to maintain reliability.

✅ Reservoirs at multi-year lows cut hydro generation capacity

✅ BC Hydro and Manitoba Hydro import electricity for reliability

✅ Natural gas turbines used; climate change elevates drought risk

 

Severe drought conditions in Western Canada are compelling two hydroelectricity-dependent provinces, British Columbia and Manitoba, to import power from other regions. These provinces, known for their reliance on hydroelectric power, are facing reduced electricity production due to low water levels in reservoirs this autumn and winter as energy-intensive customers encounter temporary connection limits.

While there is no immediate threat of power outages in either province, experts indicate that climate change is leading to more frequent and severe droughts. This trend places increasing pressure on hydroelectric power producers in the future, spurring interest in upgrading existing dams as part of adaptation strategies.

In British Columbia, several regions are experiencing "extreme" drought conditions as classified by the federal government. BC Hydro spokesperson Kyle Donaldson referred to these conditions as "historic," and a first call for power highlights the strain, noting that the corporation's large reservoirs in the north and southeast are at their lowest levels in many years.

To mitigate this, BC Hydro has been conserving water by utilizing less affected reservoirs and importing additional power from Alberta and various western U.S. states. Donaldson confirmed that these measures would persist in the upcoming months.

Manitoba is also facing challenges with below-normal levels in reservoirs and rivers. Since October, Manitoba Hydro has occasionally relied on its natural gas turbines to supplement hydroelectric production as electrical demand could double over the next two decades, a measure usually reserved for peak winter demand.

Bruce Owen, a spokesperson for Manitoba Hydro, reassured that there is no imminent risk of a power shortage. The corporation can import electricity from other regions, similar to how it exports clean energy in high-water years.

However, the cost implications are significant. Manitoba Hydro anticipates a financial loss for the current fiscal year, with more red ink tied to emerging generation needs, the second in a decade, with the previous one in 2021. That year, drought conditions led to a significant reduction in the company's power production capabilities, resulting in a $248-million loss.

The 2021 drought also affected hydropower production in the United States. The U.S. Department of Energy reported a 16% reduction in overall generation, with notable decreases at major facilities like Nevada's Hoover Dam, where production dropped by 25%.

Drought has long been a major concern for hydroelectricity producers, and they plan their operations with this risk in mind. Manitoba's record drought in 1940-41, for example, is a benchmark for Manitoba Hydro's operational planning to ensure sufficient electricity supply even in extreme low-water conditions.

Climate change, however, is increasing the frequency of such rare events, highlighting the need for more robust backup systems such as new turbine investments to enhance reliability. Blake Shaffer, an associate professor of economics at the University of Calgary specializing in electricity markets, emphasized the importance of hydroelectric systems incorporating the worsening drought forecasts due to climate change into their energy production planning.

 

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