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SEC calls Lay fight over Enron subpoena

WASHINGTON -- The U.S. Securities and Exchange Commission recently said an attempt by ex-Enron Corp. Chairman Kenneth Lay to withhold records subpoenaed by the agency is a "charade" because he has already given them to a bankruptcy examiner. The former chairman of the bankrupt energy trader has been ordered to appear in federal court in Washington on Nov. 7, following SEC charges he had not fully complied with the commission's subpoena request.

Lawyers for Lay have said he has already produced more than 23,000 pages of documents for the SEC's investigation of the Houston-based company, which collapsed in 2001 amid an accounting scandal.

In September, the SEC said it was looking at whether Lay knew of, or was involved in, fraudulent activity at Enron. Lay has argued the 870 pages of documents he has withheld were personal rather than corporate in nature.

He said he wanted to invoke his Constitutional Fifth Amendment right against self-incrimination because the SEC would not guarantee the information would not be later used against him.

But in an amended court response filed recently, Lay disclosed he had made the documents available to Enron's bankruptcy examiner, prompting a sharp SEC response.

"Lay certainly cannot have any bonafide legal concerns attaching to his physical act of producing subpoenaed records given the fact that he has now produced them to third parties," including class action lawsuit plaintiffs and the bankruptcy examiner, the SEC said in its court documents, which it filed and released recently.

The SEC said in its response that Lay has entered into a "confidentiality agreement" with the bankruptcy examiner that protected the documents from disclosure.

"This court should not permit Lay to continue this charade," the SEC said, adding: "Lay has demonstrated a frankly whimsical approached to asserting his Fifth Amendment rights."

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Here's what we know about the mistaken Pickering nuclear alert one week later

Pickering Nuclear Alert Error prompts Ontario investigation into the Alert Ready emergency alert system, Pelmorex safeguards, and public response at Pickering Nuclear Generating Station, including potassium iodide orders and geo-targeted notification issues.

 

Key Points

A mistaken Ontario emergency alert about the Pickering plant, now under probe for human error and system safeguards.

✅ Investigation led by Emergency Management Ontario

✅ Alert Ready and Pelmorex safeguards under review

✅ KI pill demand surged; geo-targeting questioned

 

A number of questions still remain a week after an emergency alert was mistakenly sent out to people across Ontario warning of an unspecified incident at the Pickering Nuclear Generating Station. 

The province’s solicitor general has stepped in and says an investigation into the incident should be completed fairly quickly according to the minister.

However, the nuclear scare has still left residents on edge with tens of thousands of people ordering potassium iodide, or KI, pills that protect the body from radioactive elements in the days following the incident.

Here’s what we know and still don’t know about the mistaken Pickering nuclear plant alert:

Who sent the alert?

According to the Alert Ready Emergency Alert System website, the agency works with several federal, provincial and territorial emergency management officials, Environment and Climate Change Canada and Pelmorex, a broadcasting industry and wireless service provider, to send the alerts.

Martin Belanger, the director of public alerting for Pelmorex, a company that operates the alert system, said there are a number of safeguards built in, including having two separate platforms for training and live alerts.

"The software has some steps and some features built in to minimize that risk and to make sure that users will be able to know whether or not they're sending an alert through the... training platform or whether they're accessing the live system in the case of a real emergency," he said.

Only authorized users have access to the system and the province manages that, Belanger said. Once in the live system, features make the user aware of which platform they are using, with various prompts and messages requiring the user's confirmation. There is a final step that also requires the user to confirm their intent of issuing an alert to cellphones, radio and TVs, Belanger said.

Last Sunday, a follow-up alert was sent to cellphones nearly two hours after the original notification, and during separate service disruptions such as a power outage in London residents also sought timely information.

What has the investigation revealed?

It’s still unclear as to how exactly the alert was sent in error, but Solicitor General Sylvia Jones has tapped the Chief of Emergency Management Ontario to investigate.

"It's very important for me, for the people of Ontario, to know exactly what happened on Sunday morning," Jones said.

Jones said initial observations suggest human error was responsible for the alert that was sent out during routine tests of the emergency alert.

“I want to know what happened and equally important, I want some recommendations on insurances and changes we can make to the system to make sure it doesn't happen again,” Jones said.

Jones said she expects the results of the probe to be made public.

Can you unsubscribe from emergency alerts?

It’s not possible to opt out of receiving the alerts, according to the Alert Ready Emergency Alert System website, and Ontario utilities warn about scams to help customers distinguish official notices.

“Given the importance of warning Canadians of imminent threats to the safety of life and property, the CRTC requires wireless service providers to distribute alerts on all compatible wireless devices connected to an LTE network in the target area,” the website reads.

The agency explains that unlike radio and TV broadcasting, the wireless public alerting system is geo-targeted and is specific to the a “limited area of coverage”, and examples like an Alberta grid alert have highlighted how jurisdictions tailor notices for their systems.

“As a result, if an emergency alert reaches your wireless device, you are located in an area where there is an imminent danger.”

The Pickering alert, however, was received by people from as far as Ottawa to Windsor.

Is the Pickering Nuclear Generating Station closing?

The Pickering nuclear plant has been operating since 1971, and had been scheduled to be decommissioned this year, but the former Liberal government -- and the current Progressive Conservative government -- committed to keeping it open until 2024. Decommissioning is now set to start in 2028.

It operates six CANDU reactors, and in contingency planning operators have considered locking down key staff to maintain reliability, generates 14 per cent of Ontario's electricity and is responsible for 4,500 jobs across the region, according to OPG, while utilities such as Hydro One's relief programs have supported customers during broader crises.

What should I do if I receive an emergency alert?

Alert Ready says that if you received an alert on your wireless device it’s important to take action “safely”.

“Stop what you are doing when it is safe to do so and read the emergency alert,” the agency says on their website.

“Alerting authorities will include within the emergency alert the information you need and guidance for any action you are required to take, and insights from U.S. grid pandemic response underscore how critical infrastructure plans intersect with public safety.”

“This could include but is not limited to: limit unnecessary travel, evacuate the areas, seek shelter, etc.”

The wording of last Sunday's alert caused much initial confusion, warning residents within 10 kilometres of the plant of "an incident," though there was no "abnormal" release of radioactivity and residents didn't need to take protective steps, but emergency crews were responding.

“In the event of a real emergency, the wording would be different,” Jones said.

 

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Saskatchewan to credit solar panel owners, but not as much as old program did

Saskatchewan Solar Net Metering Program lets rooftop solar users offset at retail rate while earning 7.5 cents/kWh credits for excess energy; rebates are removed, SaskPower balances grid costs with a 100 kW cap.

 

Key Points

An updated SaskPower plan crediting rooftop solar at 7.5 cents/kWh, offsetting usage at retail rate, without rebates.

✅ Excess energy credited at 7.5 cents/kWh

✅ Offsets on-site use at retail electricity rates

✅ Up to 100 kW generation; no program capacity cap

 

Saskatchewan has unveiled a new program that credits electricity customers for generating their own solar power, but it won’t pay as much as an older program did or reimburse them with rebates for their costs to buy and install equipment.

The new net metering program takes effect Nov. 1, and customers will be able to use solar to offset their own power use at the retail rate, similar to UK households' right to sell power in comparable schemes, though program details differ.

But they will only get 7.5 cents per kilowatt hour credit on their bills for excess energy they put back into the grid, as seen in Duke Energy payment changes in other jurisdictions, rather than the 14 cents in the previous program.

Dustin Duncan, the minister responsible for Crown-owned SaskPower, says the utility had to consider the interests of people wanting to use rooftop solar and everyone else who doesn’t have or can’t afford the panels, who he says would have to make up for the lost revenue.

Duncan says the idea is to create a green energy option, with wind power gains highlighting broader competitiveness, while also avoiding passing on more of the cost of the system to people who just cannot afford solar panels of their own.

Customers with solar panels will be allowed to generate up to 100 kilowatts of power against their bills.

“It’s certainly my hope that this is going to provide sustainability for the industry, as illustrated by Alberta's renewable surge creating jobs, that they have a program that they can take forward to their potential customers, while at the same time ensuring that we’re not passing onto customers that don’t have solar panels more cost to upkeep the grid,” Duncan said Tuesday.

Saskatchewan NDP leader Ryan Meili said he believes eliminating the rebate and cutting the excess power credit will kill the province’s solar energy, a concern consistent with lagging solar demand in Canada in recent national reports, he said.

“(Duncan) essentially made it so that any homeowner who wants to put up panels would take up to twice as long to pay it back, which effectively prices everybody in the small part of the solar production industry — the homeowners, the farms, the small businesses, the small towns — out of the market,” Meili said.

The province’s old net metering program hit its 16 megawatt capacity ahead of schedule, forcing the program to shut down, while disputes like the Manitoba Hydro solar lawsuit have raised questions about program management elsewhere. It also had a rebate of 20 per cent of the cost of the system, but that rebate has been discontinued.

The new net metering program won’t have any limit on program capacity, or an end date.

According to Duncan, the old program would have had a net negative impact to SaskPower of about $54 million by 2025, but this program will be much less — between $4 million and $5 million.

Duncan said other provinces either have already or are in the process of moving away from rebates for solar equipment, including Nova Scotia's proposed solar charge and similar reforms, and away from the one-to-one credits for power generation.

 

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Quebec and other provinces heading toward electricity shortage: report

Canada Electricity Shortage threatens renewable energy transition as EV adoption and building decarbonization surge; Hydro-Quebec exports, wind power expansion, demand response, and smart grid resilience shape investment and capacity planning.

 

Key Points

A looming supply gap in central and eastern provinces driven by EVs, heating decarbonization, exports, and limited new hydro.

✅ Hydro-Quebec capacity pressured by exports and new loads

✅ Wind power prioritized; new mega-dams deemed unworkable

✅ Smart meters boost flexibility but raise cyber risk

 

Quebec and other provinces in central and eastern Canada are heading toward a significant shortage of electricity to respond to the various needs of a transition to renewable energy, and Ontario's energy storage push underscores how supply is tightening across the region.

This is according to Polytechnique Montréal’s Institut de l’énergie Trottier, which published a report titled A Strategic Perspective on Electricity in Central and Eastern Canada last week.

The white paper says that at the current rate, most provinces will be incapable of meeting the electricity needs created by the increase in the number of electric vehicles, including the federal 2035 EV sales mandate that will amplify demand, and the decarbonization of building heating by 2030. “The situation worsens if we consider carbon neutrality objectives of the federal government and some provinces for 2050,” the institute says.

The researchers called on public utilities to immediately review their investment plans for the coming years in light of examples such as B.C.'s power supply challenges that accompany rapid green ambitions.

In a news conference Wednesday, Premier François Legault said the province could indeed be short on electricity as debates over Quebec's EV push continue. “We’re open to exploiting green hydrogen, if the price is good and also based on the electrical capacity we have. Because currently, we predict that in the coming years we’re going to lack electricity, so we must be prudent.”

Quebec is in a better position than other provinces because it is the largest hydroelectricity producer in the country. But that energy source also attracts new clients that have contributed to increased demand over the coming years, including data centres, cryptocurrency miners and greenhouses.

Report co-author Normand Mousseau said that while Hydro-Québec largely has the capacity to meet demand from electric vehicles, even amid EV shortages and wait times for buyers, heating and manufacturers, export contracts to the United States “risk reducing its leeway.”

Hydro-Québec will therefore have to find new sources of electricity, and Mousseau said the answer isn’t new dams.

“The reservoirs give an immense flexibility to the network, but we don’t have the capacity today to flood territories like we have done in the past,” said Mousseau, the institute’s scientific director. “From an environmental viewpoint and a social accessibility one, it’s unworkable.”

The solution would be more wind turbines, he said, adding construction could happen at “very competitive rates” and if there’s a surplus, “we can sell it without issue because other provinces are in an even worse situation than ours,” a reality echoed by eco groups in Northern Ontario sustainability discussions focused on the grid’s future.

The researchers propose solutions based on six themes: regulations, pricing, demand management, data, support for implementation and resilience.

In the resilience category, the report notes that innovative technology like smart meters makes the network more flexible, with pilots such as EV-to-grid integration in Nova Scotia illustrating emerging options, but also increases the risk of cyberattacks. The more extreme weather caused by climate change also increases the risks of damage to infrastructure while at the same time increasing demand.

 

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Hydro One Q2 profit plunges 23% as electricity revenue falls, costs rise

Hydro One Q2 Earnings show lower net income and EPS as mild weather curbed electricity demand; revenue missed Refinitiv estimates, while tree-trimming costs rose and the dividend remained unchanged for Ontario's grid operator.

 

Key Points

Hydro One Q2 earnings fell to $155M, EPS $0.26, revenue $1.41B; costs rose, demand eased, dividend held at $0.2415.

✅ Net income $155M; EPS $0.26 vs $0.34 prior year

✅ Revenue $1.41B; missed $1.44B estimate

✅ Dividend steady at $0.2415 per share

 

Hydro One Ltd.'s (H.TO 0.25%) second-quarter profit fell by nearly 23 per cent from last year to $155 million as the electricity utility reported spending more on tree-trimming work due to milder temperatures that also saw customers using less power, notwithstanding other periods where a one-time court ruling gain shaped quarterly results.

The Toronto-based company - which operates most of Ontario's power grid - and whose regulated rates are subject to an OEB decision, says its net earnings attributable to shareholders dropped to 26 cents per share from 34 cents per share when Hydro One had $200 million in net income.

Adjusted net income was also 26 cents per share, down from 33 cents per diluted share in the second quarter of 2018, while executive pay, including the CEO salary, drew public scrutiny during the period.

Revenue was $1.41 billion, down from $1.48 billion, while revenue net of purchased power was $760 million, down from $803 million, and across the sector, Manitoba Hydro's debt has surged as well.

Separately, Ontario introduced a subsidized hydro plan and tax breaks to support economic recovery from COVID-19, which could influence consumption patterns.

Analysts had estimated $1.44 billion of revenue and 27 cents per share of adjusted income, and some investors cite too many unknowns in evaluating the stock, according to financial markets data firm Refinitiv.

The publicly traded company, which saw a share-price drop after leadership changes and of which the Ontario government is the largest shareholder, says its quarterly dividend will remain at 24.15 cents per share for its next payment to shareholders in September.

 

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IEA warns fall in global energy investment may lead to shortages

Global Energy Investment Decline risks future oil and electricity supply, says the IEA, as spending on upstream, coal plants, and grids falls while renewables, storage, and flexible generation lag in the energy transition.

 

Key Points

Multi-year cuts to oil, power, and grid spending that increase risks of future supply shortages and market tightness.

✅ IEA warns underinvestment risks oil supply squeeze

✅ China and India slow coal plant additions; renewables rise

✅ Batteries aid flexibility but cannot replace seasonal storage

 

An almost 20 per cent fall in global energy investment over the past three years could lead to oil and electricity shortages, as surging electricity demand persists, and there are concerns about whether current business models will encourage sufficient levels of spending in the future, according a new report.

The International Energy Agency’s second annual IEA benchmark analysis of energy investment found that while the world spent $US1.7 trillion ($2.2 trillion) on fossil-fuel exploration, new power plants and upgrades to electricity grids last year, with electricity investment surpassing oil and gas even as global energy investment was down 12 per cent from a year earlier and 17 per cent lower than 2014.

While the IEA said continued oversupply of oil and electricity globally would prevent any imminent shock, falling investment “points to a risk of market tightness and undercapacity at some point down the line’’.

The low crude oil price drove a 44 per cent drop in oil and gas investment between 2014 and 2016. It fell 26 per cent last year. It was due to falls in upstream activity and a slowdown in the sanctioning of conventional oilfields to the lowest level in more than 70 years.

“Given the depletion of existing fields, the pace of investment in conventional fields will need to rise to avoid a supply squeeze, even on optimistic assumptions about technology and the impact of climate policies on oil demand,’’ the IEA warned in its report released yesterday evening. “The energy transition has barely begun in several key sectors, such as transport and industry, which will continue to rely heavily on oil, gas and coal for the foreseeable future.’’

The fall in global energy spending also reflected declining investment in power generation, particularly from coal plants.

While 21 per cent of global ­energy investment was made by China in 2016, the world’s fastest growing economy had a 25 per cent decline in the commissioning of new coal-fired power plants, due largely to air pollution issues and investment in renewables.

Investment in new coal-fired plants also fell in India.

“India and China have slammed the brakes on coal-fired generation. That is the big change we have seen globally,’’ said ­Bruce Mountain a director at CME Australia.

“What it confirms is the ­pressures and the changes we are seeing in Australia, the restructuring of our energy supply, is just part of a global trend. We are facing the pressures more sharply in Australia because our power prices are very high. But that same shift in energy source in Australia are being mirrored internationally.’’ The IEA — a Paris-based adviser to the OECD on energy policy — also highlighted Australia’s reduced power reserves in its report and called for regulatory change to encourage greater use of renewables.

“Australia has one of the highest proportions of households with PV systems on their roof of any country in the world, and its ­electricity use in its National ­Electricity Market is spread out over a huge and weakly connected network,’’ the report said.

“It appears that a series of accompanying investments and regulatory changes are needed, including a plan to avoid supply threats, to use Australia’s abundant wind and solar potential: changing system operation methods and reliability procedures as well as investment into network capacity, flexible generation and storage.’’ The report found that in Australia there had been an increase in grid-scale installations mostly associated with large-scale solar PV plants.

Last month the Turnbull ­government revealed it was prepared to back the construction of new coal-fired power stations to prevent further shortfalls in electricity supplies, while the PM ruled out taxpayer-funded plants and declared it was open to using “clean coal” technology to replace existing generators.

He also pledged “immediate” ­action to boost the supply of gas by forcing exporters to divert ­production into the domestic ­market.

Since then technology billionaire Elon Musk has promised to solve South Australia’s energy ­issues by building the world’s largest lithium-ion battery in the state.

But the IEA report said batteries were unlikely to become a “one size fits all” single solution to ­electricity security and flexibility provision.

“While batteries are well-suited to frequency control and shifting hourly load, they cannot provide seasonal storage or substitute the full range of technical services that conventional plants provide to stabilise the system,’’ the report said.

“In the absence of a major technological breakthrough, it is most likely that batteries will complement rather than substitute ­conventional means of providing system flexibility. While conventional plants continue to provide essential system services, their business model is increasingly being called into question in ­unbundled systems.’’

 

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Romania enhances safety at Cernavoda, IAEA reports

IAEA OSART Cernavoda highlights strengthened operational safety at Romania’s Cernavoda NPP, citing improved maintenance practices, simulator training, and deficiency reporting, with ongoing actions on spare parts procurement, procedure updates, and chemical control for nuclear compliance.

 

Key Points

An IAEA follow-up mission confirming improved operational safety at Cernavoda NPP, with remaining actions tracked.

✅ Enhanced simulator training and crew performance

✅ Improved field deficiency identification and reporting

✅ Ongoing upgrades to procedures, spares, and chemical control

 

The International Atomic Energy Agency (IAEA) said yesterday that the operator of Romania’s Cernavoda nuclear power plant had demonstrated "strengthened operational safety" by addressing the findings of an initial IAEA review in 2016. The Operational Safety Review Team (OSART) concluded a five-day follow-up mission on 8 March to the Cernavoda plant, which is on the Danube-Black Sea Canal, about 160 km from Bucharest.

The plant's two 706 MWe CANDU pressurised heavy water reactors, reflecting Canadian nuclear projects, came online in 1996 and 2007, respectively.

The OSART team was led by Fuming Jiang, a senior nuclear safety officer at the IAEA, which recently commended China's nuclear security in separate assessments.

"We saw improvements in key areas, such as the procurement of important spare parts, the identification and reporting of some deficiencies, and some maintenance work practices, as evidenced by relevant performance indicators," Jiang said, noting milestones at nuclear projects worldwide this year.

The team observed that several findings from the 2016 review had been fully addressed, including: enhanced operator crew performance during simulator training; better identification and reporting of deficiencies in the field; and improvement in maintenance work practices.

More time is required, it said, to fully implement some actions, including: further improvements in the procurement of important spare parts with relevance to safety; further enhancement in the revision and update of some operating procedures, drawing on lessons from Pickering NGS life extensions undertaken in Ontario; and control and labelling of some plant chemicals.

Dan Bigu, site vice president of Cernavoda NPP, said the 2016 mission had "proven to be very beneficial", adding that the current follow-up mission would "provide further catalyst support to our journey to nuclear excellence".

The team provided a draft report of the mission to the plant's management and a final report will be submitted to the Romanian government, which recently moved to terminate talks with a Chinese partner on a separate nuclear project, within three months.

OSART missions aim to improve operational safety by objectively assessing safety performance, even as the agency reports mines at Ukraine's Zaporizhzhia plant amid ongoing risks, using the IAEA's safety standards and proposing recommendations and suggestions for improvement where appropriate. The follow-up missions are standard components of the OSART programme and, as the IAEA has warned of risks from attacks on Ukraine's power grids, are typically conducted within two years of the initial mission.

 

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