Ontario slaps green tax on power bills

By Toronto Star


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Ontario electricity customers will soon be slapped with an additional tax to cover $53 million of the Liberal government's new conservation and green energy programs, the Star has learned.

The levy will appear on hydro bills just as the 13 per cent harmonized sales tax is about to be charged and as smart meters are being phased in, which one industry insider described as "a perfect storm" for consumers already rattled by rising energy costs.

A government document – innocuously entitled "Ontario Regulation Made Under The Ontario Energy Board Act, 1998, Assessments For Ministry of Energy and Infrastructure Conservation and Renewable Energy Program Costs" – outlines the fee in great detail.

"The total amount to be assessed by the (Ontario Energy) Board... is $53,695,310," the five-page regulation states.

It stipulates the assessment be issued by April 15 and the money paid by July 30, but utilities can spread the $4 annual increase to customers in bills over the course of a year. Industrial and commercial ratepayers will also pay the fee.

Progressive Conservative Leader Tim Hudak warned it is "nothing but a sneaky tax grab" by the Liberals.

"This is just the latest in a long series of tax and fee grabs hitting Ontario families through their hydro bill alone," said Hudak, charging the proceeds "will be used to create another Liberal slush fund" for pet initiatives.

Energy and Infrastructure Minister Brad Duguid said the government was aware of the potential for backlash, but that's a small price to pay for cleaner air since conservation makes it easier to phase out coal-fired power plants by 2014.

"When costs go up there's always the concern about consumer reaction," Duguid said in an interview.

"I don't think we ever sneeze at the amount of money because every little bit adds up. But at the same time, it's about $4 for this year for consumers and it's a one-year program. It gets reassessed every year," the minister said.

"The alternative is either to keep polluting the lungs of our kids through coal, or not have a reliable supply of energy, which would be disastrous to our economy and to our quality of life," said Duguid.

"This... gets us out of dirty coal, which is harming our health and the health of our kids and grandkids in the future, and it ensures that we have a reliable and sustainable supply of energy... for future generations," he said.

"When consumers think it through, this is something consumers should be embracing as something that we all have to do together to create this 'green revolution' in Ontario."

Duguid said the money would pay for home energy audits and a program that helps industrial and commercial firms switch to solar power.

Promoting conservation is part of Premier Dalton McGuinty's push to transform Ontario into a leading jurisdiction for green energy, such as solar and wind power.

"Conservation is the most economical way for us to ensure that we have enough energy supply going forward into the future. So it's more economical than producing more green energy, more economical than modernizing our nuclear fleet," said Duguid.

"So it is the best bang for the buck for the consumer. But there's a cost to it. It's modest, but there's a cost to it. Frankly, there's no better alternative for consumers than improving our conservation efforts."

Critics say the timing is lousy for ratepayers because as of July 1, when the provincial sales tax is harmonized with the federal goods and services tax, consumption levies on utility bills will be 13 per cent instead of 5 per cent. (Currently only the 5 per cent GST is charged on such bills, not the 8 per cent PST.)

"When you combine this new charge with HST and soaring costs due in part to smart meters, it's the perfect storm for consumers," said one industry official.

NDP Leader Andrea Horwath said the pain never seems to subside for electricity ratepayers.

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Russia Builds Power Lines to Reactivate Zaporizhzhia Plant

Zaporizhzhia Nuclear Plant Restart signals new high-voltage transmission lines to Mariupol, Rosatom grid integration, and IAEA-monitored safety amid occupied territory risks, cooling system shortfalls after the Kakhovka dam collapse, and disputed international law.

 

Key Points

A Russian plan to reconnect and possibly restart ZNPP via power lines, despite IAEA safety, cooling, and legal risks.

✅ 80 km high-voltage link toward Mariupol confirmed by imagery

✅ IAEA warns of safety risks and militarization at the site

✅ Cooling capacity limited after Kakhovka dam destruction

 

Russia is actively constructing new power lines to facilitate the restart of the Zaporizhzhia Nuclear Power Plant (ZNPP), Europe's largest nuclear facility, which it seized from Ukraine in 2022. Satellite imagery analyzed by Greenpeace indicates the construction of approximately 80 kilometers (50 miles) of high-voltage transmission lines and pylons connecting the plant to the Russian-controlled port city of Mariupol. This development marks the first tangible evidence of Russia's plan to reintegrate the plant into its energy infrastructure.

Strategic Importance of Zaporizhzhia Nuclear Power Plant

The ZNPP, located on the eastern bank of the Dnipro River in Enerhodar, was a significant asset in Ukraine's energy sector before its occupation. Prior to the war, the plant was connected to Ukraine's national grid, which later saw resumed electricity exports, via four 750-kilovolt lines, two of which passed through Ukrainian-controlled territory and two through areas under Russian control. The ongoing conflict has damaged these lines, complicating efforts to restore the plant's operations.

In March 2022, Russian forces captured the plant, and by 2023, all six of its reactors had been shut down. Despite this, Russian authorities have expressed intentions to restart the facility. Rosatom, Russia's state nuclear corporation, has identified replacing the power grid as one of the critical steps necessary for resuming operations, even as Ukraine pursues more resilient wind power to bolster its energy mix.

Environmental and Safety Concerns

The construction of new power lines and the potential restart of the ZNPP have raised significant environmental and safety concerns, as the IAEA has warned of nuclear risks from grid attacks in recent assessments. Greenpeace has reported that the plant's cooling system has been compromised due to the destruction of the Kakhovka Reservoir dam in 2023, which previously supplied cooling water to the plant. Currently, the plant relies on wells for cooling, which are insufficient for full-scale operations.

Additionally, the International Atomic Energy Agency (IAEA) has expressed concerns about the militarization of the plant. Reports indicate that Russian forces have established defensive positions and trenches around the facility, with mines found at ZNPP by UN inspectors, raising the risk of accidents and complicating efforts to ensure the plant's safety.

International Reactions and Legal Implications

Ukraine and the international community have condemned Russia's actions as violations of international law and Ukrainian sovereignty. Ukrainian officials have argued that the construction of power lines and the potential restart of the ZNPP constitute illegal activities in occupied territory. The IAEA has called for a ceasefire to allow for necessary safety improvements and to facilitate inspections of the plant, as a possible agreement on power plant attacks could underpin de-escalation efforts.

The United States has also expressed concerns, with President Donald Trump reportedly proposing the inclusion of the ZNPP in peace negotiations, which sparked controversy among Ukrainian and international observers, even suggesting the possibility of transferring control to American companies. However, Russia has rejected such proposals, reaffirming its intention to maintain control over the facility.

The construction of new power lines to the Zaporizhzhia Nuclear Power Plant signifies Russia's commitment to reintegrating the facility into its energy infrastructure. However, this move raises significant environmental, safety, and legal concerns, and a proposal to control Ukraine's nuclear plants remains controversial among stakeholders. The international community continues to monitor the situation closely, urging for adherence to international laws and standards to prevent potential nuclear risks.

 

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

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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Electricity Grids Can Handle Electric Vehicles Easily - They Just Need Proper Management

EV Grid Capacity Management shows how smart charging, load balancing, and off-peak pricing align with utility demand response, DC fast charging networks, and renewable integration to keep national electricity infrastructure reliable as EV adoption scales

 

Key Points

EV Grid Capacity Management schedules charging and balances load to keep EV demand within utility capacity.

✅ Off-peak pricing and time-of-use tariffs shift charging demand.

✅ Smart chargers enable demand response and local load balancing.

✅ Gradual EV adoption allows utilities to plan upgrades efficiently.

 

One of the most frequent concerns you will see from electric vehicle haters is that the electricity grid can’t possibly cope with all cars becoming EVs, or that EVs will crash the grid entirely. However, they haven’t done the math properly. The grids in most developed nations will be just fine, so long as the demand is properly management. Here’s how.

The biggest mistake the social media keyboard warriors make is the very strange assumption that all cars could be charging at once. In the UK, there are currently 32,697,408 cars according to the UK Department of Transport. The UK national grid had a capacity of 75.8GW in 2020. If all the cars in the UK were EVs and charging at the same time at 7kW (the typical home charger rate), they would need 229GW – three times the UK grid capacity. If they were all charging at 50kW (a common public DC charger rate), they would need 1.6TW – 21.5 times the UK grid capacity. That sounds unworkable, and this is usually the kind of thinking behind those who claim the UK grid can't cope with EVs.

What they don’t seem to realize is that the chances of every single car charging all at once are infinitesimally low. Their arguments seem to assume that nobody ever drives their car, and just charges it all the time. If you look at averages, the absurdity of this position becomes particularly clear. The distance each UK car travels per year has been slowly dropping, and was 7,400 miles on average in 2019, again according to the UK Department of Transport. An EV will do somewhere between 2.5 and 4.5 miles per kWh on average, so let’s go in the middle and say 3.5 miles. In other words, each car will consume an average of 2,114kWh per year. Multiply that by the number of cars, and you get 69.1TWh. But the UK national grid produced 323TWh of power in 2019, so that is only 21.4% of the energy it produced for the year. Before you argue that’s still a problem, the UK grid produced 402TWh in 2005, which is more than the 2019 figure plus charging all the EVs in the UK put together. The capacity is there, and energy storage can help manage EV-driven peaks as well.

Let’s do the same calculation for the USA, where an EV boom is about to begin and planning matters. In 2020, there were 286.9 million cars registered in America. In 2020, while the US grid had 1,117.5TW of utility electricity capacity and 27.7GW of solar, according to the US Energy Information Administration. If all the cars were EVs charging at 7kW, they would need 2,008.3TW – nearly twice the grid capacity. If they charged at 50kW, they would need 14,345TW – 12.8 times the capacity.

However, in 2020, the US grid generated 4,007TWh of electricity. Americans drive further on average than Brits – 13,500 miles per year, according to the US Department of Transport’s Federal Highway Administration. That means an American car, if it were an EV, would need 3,857kWh per year, assuming the average efficiency figures above. If all US cars were EVs, they would need a total of 1,106.6TWh, which is 27.6% of what the American grid produced in 2020. US electricity consumption hasn’t shrunk in the same way since 2005 as it has in the UK, but it is clearly not unfeasible for all American cars to be EVs. The US grid could cope too, even as state power grids face challenges during the transition.

After all, the transition to electric isn’t going to happen overnight. The sales of EVs are growing fast, with for example more plug-ins sold in the UK in 2021 so far than the whole of the previous decade (2010-19) put together. Battery-electric vehicles are closing in on 10% of the market in the UK, and they were already 77.5% of new cars sold in Norway in September 2021. But that is new cars, leaving the vast majority of cars on the road fossil fuel powered. A gradual introduction is essential, too, because an overnight switchover would require a massive ramp up in charge point installation, particularly devices for people who don’t have the luxury of home charging. This will require considerable investment, but could be served by lots of chargers on street lamps, which allegedly only cost £1,000 ($1,300) each to install, usually with no need for extra wiring.

This would be a perfectly viable way to provide charging for most people. For example, as I write this article, my own EV is attached to a lamppost down the street from my house. It is receiving 5.5kW costing 24p (32 cents) per kWh through SimpleSocket, a service run by Ubitricity (now owned by Shell) and installed by my local London council, Barnet. I plugged in at 11am and by 7.30pm, my car (which was on about 28% when I started) will have around 275 miles of range – enough for a couple more weeks. It will have cost me around £12 ($16) – way less than a tank of fossil fuel. It was a super-easy process involving the scanning of a QR code and entering of a credit card, very similar to many parking systems nowadays. If most lampposts had one of these charging plugs, not having off-street parking would be no problem at all for owning an EV.

With most EVs having a range of at least 200 miles these days, and the average mileage per day being 20 miles in the UK (the 7,400-mile annual figure divided by 365 days) or 37 miles in the USA, EVs won’t need charging more than once a week or even every week or two. On average, therefore, the grids in most developed nations will be fine. The important consideration is to balance the load, because if too many EVs are charging at once, there could be a problem, and some regions like California are looking to EVs for grid stability as part of the solution. This will be a matter of incentivizing charging during off-peak times such as at night, or making peak charging more expensive. It might also be necessary to have the option to reduce charging power rates locally, while providing the ability to prioritize where necessary – such as emergency services workers. But the problem is one of logistics, not impossibility.

There will be grids around the world that are not in such a good place for an EV revolution, at least not yet, and some critics argue that policies like Canada's 2035 EV mandate are unrealistic. But to argue that widespread EV adoption will be an insurmountable catastrophe for electricity supply in developed nations is just plain wrong. So long as the supply is managed correctly to make use of spare capacity when it’s available as much as possible, the grids will cope just fine.

 

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US January power generation jumps 9.3% on year: EIA

US January power generation climbed to 373.2 TWh, EIA data shows, with coal edging natural gas, record wind output, record nuclear generation, rising hydro, and stable utility-scale solar amid higher Henry Hub prices.

 

Key Points

US January power generation hit 373.2 TWh; coal led gas, wind and nuclear set records, with solar edging higher.

✅ Coal 31.8% share; gas 29.4%; coal output 118.7 TWh, gas 109.6 TWh.

✅ Wind hit record 26.8 TWh; nuclear record 74.6 TWh.

✅ Total generation 373.2 TWh, highest January since 2014.

 

The US generated 373.2 TWh of power in January, up 7.9% from 345.9 TWh in December and 9.3% higher than the same month in 2017, Energy Information Administration data shows.

The monthly total was the highest amount in January since 377.3 TWh was generated in January 2014.

Coal generation totaled 118.7 TWh in January, up 11.4% from 106.58 TWh in December and up 2.8% from the year-ago month, consistent with projections of a coal-fired generation increase for the first time since 2014. It was also the highest amount generated in January since 132.4 TWh in 2015.

For the second straight month, more power was generated from coal than natural gas, as 109.6 TWh came from gas, up 3.3% from 106.14 TWh in December and up 19.9% on the year.

However, the 118.7 TWh generated from coal was down 9.6% from the five-year average for the month, due to the higher usage of gas and renewables and a rising share of non-fossil generation in the overall mix.

#google#

Coal made up 31.8% of the total US power generation in January, up from 30.8% in December but down from 33.8% in January 2017.

Gas` generation share was at 29.4% in the latest month, with momentum from record gas-fired electricity earlier in the period, down from 30.7% in December but up from 26.8% in the year-ago month.

In January, the NYMEX Henry Hub gas futures price averaged $3.16/MMBtu, up 13.9% from $2.78/MMBtu averaged in December but down 4% from $3.29/MMBtu averaged in the year-ago month.

 

WIND, NUCLEAR GENERATION AT RECORD HIGHS

Wind generation was at a record-high 26.8 TWh in January, up 29.3% from 22.8 TWh in December and the highest amount on record, according to EIA data going back to January 2001. Wind generated 7.2% of the nation`s power in January, as an EIA summer outlook anticipates larger wind and solar contributions, up from 6.6% in December and 6.1% in the year-ago month.

Utility-scale solar generated 3.3 TWh in January, up 1.3% from 3.1 TWh in December and up 51.6% on the year. In January, utility-scale solar generation made up 0.9% of US power generation, during a period when solar and wind supplied 10% of US electricity in early 2018, flat from December but up from 0.6% in January 2017.

Nuclear generation was also at a record-high 74.6 TWh in January, up 1.3% month on month and the highest monthly total since the EIA started tracking it in January 2001, eclipsing the previous record of 74.3 TWh set in July 2008. Nuclear generation made up 20% of the US power in January, down from 21.3% in December and 21.4% in the year-ago month.

Hydro power totaled 25.4 TWh in January, making up 6.8% of US power generation during the month, up from 6.5% in December but down from 8.2% in January 2017.

 

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LNG powered with electricity could be boon for B.C.'s independent power producers

B.C. LNG Electrification embeds clean hydro and wind power into low-emission liquefied natural gas, cutting carbon intensity, enabling coal displacement in Asia, and opening grid-scale demand for independent power producers and ITMO-based climate accounting.

 

Key Points

Powering LNG with clean electricity cuts carbon intensity, displaces coal, and grows demand for B.C.'s clean power.

✅ Electric-drive LNG cuts emissions intensity by up to 80%.

✅ Creates major grid load, boosting B.C. independent power producers.

✅ Enables ITMO crediting when coal displacement is verified.

 

B.C. has abundant clean power – if only there was a way to ship those electrons across the sea to help coal-dependent countries reduce their emissions, and even regionally, Alberta–B.C. grid link benefits could help move surplus power domestically.

Natural gas that is liquefied using clean hydro and wind power and then exported would be, in a sense, a way of embedding B.C.’s low emission electricity in another form of energy, and, alongside the Canada–Germany clean energy pact, part of a broader export strategy.

Given the increased demand that could come from an LNG industry – especially one that moves towards greater electrification and, as the IEA net-zero electricity report notes, broader system demand – poses some potentially big opportunities for B.C.’s clean energy independent power sector, as those attending the Clean Energy Association of BC's annual at the Generate conference heard recently.

At a session on LNG electrification, delegates were told that LNG produced in B.C. with electricity could have some significant environmental benefits.

Given how much power an LNG plant that uses electric drive consumes, an electrified LNG industry could also pose some significant opportunities for independent power producers – a sector that had the wind taken out of its sails with the sanctioning of the Site C dam project.

Only one LNG plant being built in B.C. – Woodfibre LNG – will use electric drive to produce LNG, although the companies behind Kitimat LNG have changed their original design plans, and now plan to use electric drive drive as well.

Even small LNG plants that use electric drive require a lot of power.

“We’re talking about a lot of power, since it’s one of the biggest consumers you can connect to a grid,” said Sven Demmig, head of project development for Siemens.

Most LNG plants still burn natural gas to drive the liquefaction process – a choice that intersects with climate policy and electricity grids in Canada. They typically generate 0.35 tonnes of CO2e per tonne of LNG produced.

Because it will use electric drive, LNG produced by Woodfibre LNG will have an emissions intensity that is 80% less than LNG produced in the Gulf of Mexico, said Woodfibre president David Keane.

In B.C., the benchmark for GHG intensities for LNG plants has been set at 0.16 tonnes of CO2e per tonne of LNG. Above that, LNG producers would need to pay higher carbon taxes than those that are below the benchmark.

The LNG Canada plant has an intensity of 0.15 tonnes og CO2e per tonne of LNG. Woodfibre LNG will have an emissions intensity of just 0.059, thanks to electric drive.

“So we will be significantly less than any operating facility in the world,” Keane said.

Keane said Sinopec has recently estimated that it expects China’s demand for natural gas to grow by 82% by 2030.

“So China will, in fact, get its gas supply,” Keane said. “The question is: where will that supply come from?

“For every tonne of LNG that’s being produced today in the United States -- and tonne of LNG that we’re not producing in Canada -- we’re seeing about 10 million tonnes of carbon leakage every single year.”

The first Canadian company to produce LNG that ended up in China is FortisBC. Small independent operators have been buying LNG from FortisBC’s Tilbury Island plant and shipping to China in ISO containers on container ships.

David Bennett, director of communications for FortisBC, said those shipments are traced to industries in China that are, indeed, using LNG instead of coal power now.

“We know where those shipping containers are going,” he said. “They’re actually going to displace coal in factories in China.”

Verifying what the LNG is used for is important, if Canadian producers want to claim any kind of climate credit. LNG shipped to Japan or South Korea to displace nuclear power, for example, would actually result in a net increase in GHGs. But used to displace coal, the emissions reductions can be significant, since natural gas produces about half the CO2 that coal does.

The problem for LNG producers here is B.C.’s emissions reduction targets as they stand today. Even LNG produced with electricity will produce some GHGs. The fact that LNG that could dramatically reduce GHGs in other countries, if it displaces coal power, does not count in B.C.’s carbon accounting.

Under the Paris Agreement, countries agree to set their own reduction targets, and, for Canada, cleaning up Canada’s electricity remains critical to meeting climate pledges, but don’t typically get to claim any reductions that might result outside their own country.

Canada is exploring the use of Internationally Transferred Mitigation Outcomes (ITMO) under the Under the Paris Agreement to allow Canada to claim some of the GHG reductions that result in other countries, like China, through the export of Canadian LNG.

“For example, if I were producing 4 million tonnes of greenhouse gas emissions in B.C. and I was selling 100% of my LNG to China, and I can verify that they’re replacing coal…they would have a reduction of about 60 or million tonnes of greenhouse gas emissions,” Keane said.

“So if they’re buying 4 million tonnes of emissions from us, under these ITMOs, then they have net reduction of 56 million tonnes, we’d have a net increase of zero.”

But even if China and Canada agreed to such a trading arrangement, the United Nations still hasn’t decided just how the rules around ITMOs will work.

 

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Lawmakers question FERC licensing process for dams in West Virginia

FERC Hydropower Licensing Dispute centers on FERC authority, Clean Water Act compliance, state water quality certifications, Federal Power Act timelines, and Army Corps dams on West Virginia's Monongahela River licenses.

 

Key Points

An inquiry into FERC's licensing process and state water quality authority for hydropower at Monongahela River dams.

✅ Questions on omitted state water quality conditions

✅ Debate over starting Clean Water Act certification timelines

✅ Potential impacts on states' rights and licensing schedules

 

As federal lawmakers, including Democrats pressing FERC, plan to consider a bill that would expand Federal Energy Regulatory Commission (FERC) licensing authority, questions emerged on Tuesday about the process used by FERC to issue two hydropower licenses for existing dams in West Virginia.

In a letter to FERC Chairman Neil Chatterjee, Democratic leaders of the House Energy and Commerce Committee, as electricity pricing changes were being debated, raised questions about hydropower licenses issued for two dams operated by the U.S. Army Corps of Engineers on the Monongahela River in West Virginia.

U.S. Reps. Frank Pallone Jr. (D-NJ), the ranking member of the Subcommittee on Energy, Bobby Rush (D-IL), the ranking member of the Subcommittee on Environment, and John Sarbanes (D-MD), amid Maryland clean energy enforcement concerns, questioned why FERC did not incorporate all conditions outlined in a West Virginia Department of Environmental Protection water quality certificate into plans for the projects.

“By denying the state its allotted time to review this application and submit requirements on these licenses, FERC is undermining the state’s authority under the Clean Water Act and Federal Power Act to impose conditions that will ensure water quality standards are met,” the letter stated.

The House of Representatives was slated to consider the Hydropower Policy Modernization Act of 2017, H.R. 3043, later in the week. The measure would expand FERC authority over licensing processes, a theme mirrored in Maine's transmission line debate over interstate energy projects. Opponents of the bill argue that the changes would make it more difficult for states to protect their clean water interests.

West Virginia has announced plans to challenge FERC hydropower licenses for the dams on the Monongahela River, echoing Northern Pass opposition seen in New Hampshire.

 

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