MillÂ’s power going green

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

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UAE Barakah Nuclear Plant connects Unit 1 to the grid, supplying clean electricity, nuclear baseload power, and lower carbon emissions, with IAEA oversight, FANR regulation, and South Korea collaboration, supporting energy security and economic diversification.

Key Points

The UAE Barakah Nuclear Plant is a four-reactor project delivering clean baseload power and reducing CO2.

✅ Unit 1 online; four reactors to supply 25% of UAE electricity

✅ Cuts 21 million tons CO2 annually; clean baseload for grid

✅ FANR-licensed; IAEA and WANO oversight ensure safety

Unit 1 of the UAE’s Barakah plant — the Arab world’s first nuclear energy plant in the region — has connected to the national power grid, in a historic moment enabling it to provide cleaner electricity to millions of residents and help reduce the oil-rich country’s reliance on fossil fuels. 

“This is a major milestone, we’ve been planning for this for the last 12 years now,” Mohamed Al Hammadi, CEO of Emirates Nuclear Energy Corporation (ENEC), told CNBC’s Dan Murphy in an exclusive interview ahead of the news.

Unit 1, which has reached 100% power as it steps closer to commercial operations, is the first of what will eventually be four reactors, which when fully operational are expected to provide 25% of the UAE’s electricity and reduce its carbon emissions by 21 million tons a year, according to ENEC. That’s roughly equivalent to the carbon emissions of 3.2 million cars annually.

The Gulf country of nearly 10 million is the newest member of a group of now 31 countries running nuclear power operations. It’s also the first new country to launch a nuclear power plant in three decades, the last being China’s nuclear energy program in 1990.

“The UAE has been growing from an electricity demand standpoint,”  Al Hammadi said. “That’s why we are trying to meet the demand (and) at the same time have it with less carbon emissions.”

The UAE’s electricity mix will continue to include gas and renewable energy, with “the baseload from nuclear,” including emerging next-gen nuclear designs, the CEO added, which he described as a “safe, clean and reliable source of electricity” for the country.

The project is also providing “highly compensated jobs” for the Emiratis and will introduce new industries for the country’s economy, Al Hammadi said. The company noted that it has awarded roughly 2,000 contracts worth more than $4.8 billion for local companies.

International collaboration
The UAE’s nuclear watchdog FANR, the Federal Authority for Nuclear Regulation, granted the operating license for Unit 1 in February, after an extensive inspection process to ensure the plant’s compliance with regulatory requirements. The license is expected to last 60 years. The program also involved collaboration with external bodies including the U.N.’s International Atomic Energy Agency (IAEA) and the government of South Korea, and its pre-start-up review was completed in January by the World Association of Nuclear Operators (WANO). The WANO and the IAEA have conducted over 40 inspection and review missions at Barakah.   

But the project has its critics, particularly some experts from the independent Nuclear Consulting Group non-profit, who have expressed concern about Barakah’s safety features and potential environmental risks.  

In response, ENEC said the “adherence to the highest standards of safety, quality and security is deeply embedded within the fabric of the UAE Peaceful Nuclear Energy Program.”

“The Barakah Plant meets all national and international regulatory requirements and standards for nuclear safety,” a  company statement said. It added that the reactor design had been certified by the Korea Institute of Nuclear Safety, FANR and the US-based Nuclear Regulatory Commission, “demonstrating the robustness of this design for safety and operating reliability.”

Worries of regional proliferation 
The achievement for the UAE is particularly significant given tensions in the wider region over nuclear proliferation. 

Some observers have warned of a regional arms race, though the UAE already partakes in what nuclear energy experts call the “gold standard” of civilian nuclear partnerships: The U.S.-UAE 123 Agreement for Peaceful Civilian Nuclear Energy Cooperation. It allows the UAE to receive nuclear materials, equipment and know-how from the U.S. while precluding it from developing dual-use technology by barring uranium enrichment and fuel reprocessing, the processes required for building a bomb.

By contrast, nearby Iran has suspended its compliance to the multilateral 2015 deal that regulated its nuclear power development and many fear its approach toward bomb-making capability. Meanwhile, Saudi Arabia has voiced its desire to develop a nuclear energy program without adhering to a 123 agreement.

And most recently, in the wake of a historic deal that has seen the UAE become the first Gulf country to normalize relations with Israel, Iran responded by warning the agreement would bring a “dangerous future” for the Emirati government. 

But ENEC and UAE officials emphasize the program’s commitment to safety, transparency and international cooperation, and its necessity for meeting growing electricity demand by cleaner means. 

“The nuclear industry is growing, with milestones around the world being reached, and the UAE is no exception. We are pursuing our electricity demand to meet that in a safe, secure and stable manner, and also doing it in an environmentally friendly way,” Al Hammadi said.

“Having four reactors that will provide 25% of electricity for the nation and will avoid us emitting 21 million tons of CO2 on an annual basis, as part of a broader green industrial revolution approach, is a very serious step to take — and the UAE is not talking about it, it is doing it, and we are reaping the benefits of it as we speak right now.”

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Montana New Energy Economy integrates grid modernization, renewable energy, storage, and demand response to cut costs, create jobs, enable electric transportation, and reduce emissions through utility-scale efficiency, real-time markets, and distributed resources.

Key Points

Plan to modernize Montana's grid with renewables, storage and efficiency to lower costs, cut emissions and add jobs.

✅ Grid modernization enables real-time markets and demand response

✅ Utility-scale renewables paired with storage deliver firm power

✅ Efficiency and DERs cut peaks, costs, and pollution

Over the next decade, Montana ratepayers will likely invest over a billion dollars into what is now being called the new energy economy.

Not since Edison electrified a New York City neighborhood in 1882 have we had such an opportunity to rethink the way we commercially produce and consume electric energy.

Looking ahead, the modernization of Edison’s grid will lower the consumer costs, creating many thousands of permanent, well-paying jobs. It will prepare the grid for significant new loads like America going electric in transportation, and in doing so it will reduce a major source of air pollution known to directly threaten the core health of Montana and the planet.

Energy innovation makes our choices almost unrecognizable from the 1980s, when Montana last built a large, central-station power plant. Our future power plants will be smaller and more modular, efficient and less polluting — with some technologies approaching zero operating emissions.

The 21st Century grid will optimize how the supply and demand of electricity is managed across larger interconnected service areas. Utilities will interact more directly with their consumers, with utility trends guiding a new focus on providing a portfolio of energy services versus simply spinning an electric meter. Investments in utility-scale energy efficiency — LED streetlights, internet-connected thermostats, and tightening of commercial building envelopes among many — will allow consumers to directly save on their monthly bills, to improve their quality of life, and to help utilities reduce expensive and excessive peaks in demand.

The New Energy Economy will be built not of one single technology, but of many — distributed over a modernized grid across the West that approaches a real-time energy market, as provinces pursue market overhauls to adapt — connecting consumers, increasing competition, reducing cost and improving reliability.

Boldly leading the charge is a new and proven class of commercial generation powered by wind and solar energy, the latter of which employs advanced solid-state electronics, free fuel and no emissions or moving parts. Montana is blessed with wind and solar energy resources, so this is a Made-in-Montana energy choice. Note that these plants are typically paired with utility-scale energy storage investments — also an essential building block of the 21st century grid — to deliver firm, on-demand electric service.

Once considered new age and trendy, these production technologies are today competent and shovel-ready. Their adoption will build domestic energy independence. And, they are aggressively cost-competitive. For example, this year the company ISO New England — operator of a six-state grid covering all of New England — released an all-source bid for new production capacity. Unexpectedly, 100% of the winning bids were large solar electric power and storage projects, as coal and nuclear disruptions continue to shape markets. For the first time, no applications for fossil-fueled generation cleared auction.

By avoiding the burning of traditional fuels, the new energy technologies promise to offset and eventually eliminate the current 1,500 million metric tons of damaging greenhouse gases — one-quarter of the nation’s total — that are annually injected into the atmosphere by our nation’s current electric generation plants. The first step to solving the toughest and most expensive environmental issues of our day — be they costly wildfires or the regional drought that threatens Montana agriculture and outdoor recreation — is a thoughtful state energy policy, built around the new energy economy, that avoids pitfalls like the Wyoming clean energy bill now proposed.

Important potential investments not currently ready for prime time are also on the horizon, including small and highly efficient nuclear innovation in power plants — called small modular reactors (SMR) — designed to produce around-the-clock electric power with zero toxic emissions.

The nation’s first demonstration SMR plant is scheduled to be built sometime late this decade. Fingers are crossed for a good outcome. But until then, experts agree that big questions on the future commercial viability of nuclear remain unanswered: What will be SMR’s cost of electricity? Will it compete? Where will we source the refined fuel (most uranium is imported), and what will be the plan for its safe, permanent disposal?

So, what is Montana’s path forward? The short answer is: Hopefully, all of the above.

Key to Montana’s future investment success will be a respectful state planning process that learns from Texas grid improvements to bolster reliability.

Montanans deserve a smart and civil and bipartisan conversation to shape our new energy economy. There will be no need, nor place, for parties that barnstorm the state about "radical agendas" and partisan name calling – that just poisons the conversation, eliminates creative exchange and pulls us off task.

The task is to identify and vet good choices. It’s about permanently lowering energy costs to consumers. It’s about being business smart and business friendly. It’s about honoring the transition needs of our legacy energy communities. And, it’s about stewarding our world-class environment in earnest. That’s the job ahead.

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Ontario Peak Perks Program boosts energy efficiency with smart thermostats, demand response, and incentives, reducing peak demand, electricity costs, and emissions while supporting grid reliability and Save on Energy initiatives across Ontario businesses and homes.

Key Points

A demand response initiative offering incentives via smart thermostats to cut peak electricity use and lower costs

✅ $75 sign-up, $20 yearly enrollment incentive

✅ Up to 10 summer temperature events; opt-out anytime

✅ Expanded retrofits, greenhouse support, grid savings

The Ontario government is launching the new Peak Perks program to help families save money by conserving energy, building on bill support during COVID-19 initiatives as part of the government’s $342 million expansion of Ontario’s energy-efficiency programs that will reduce demands on the provincial grid. The government is also launching three new and enhanced programs for businesses, municipalities, and other institutions, including targeted support for greenhouse growers in Southwest Ontario.

“Our government is giving families more ways to lower their energy bills with new energy-efficiency programs like Peak Perks and ultra-low overnight rates available to consumers, which will provide families a $75 financial incentive this year in exchange for lowering their energy use at peak times during the summer,” said Todd Smith, Minister of Energy. “The new programs launched today will also help meet the province’s emerging electricity system needs by providing annual electricity savings equivalent to powering approximately 130,000 homes every year and, alongside electricity cost allocation discussions, reduce costs for consumers by over $650 million by 2025.”

The new Peak Perks program provides a financial incentive for residential customers who are willing to conserve energy and reduce their air conditioning at peak times and have an eligible smart thermostat connected to a central air conditioning system or heat pump unit. Participants will receive $75 for enrolling this year, as well as $20 for each year they stay enrolled in the program starting in 2024.

Residential customers can participate in Peak Perks by enrolling and giving their thermostat manufacturer secure access to their thermostat. Participants will be notified when one of the maximum 10 annual temperature change events occurs directly by their thermostat manufacturer on their mobile app and on their thermostat. Peak Perks has been designed to ensure participants are always in control and customers can opt-out of any temperature change event without impacting their incentive.

The Peak Perks program will be available starting in June. Interested customers can visit SaveOnEnergy.ca/PeakPerks today to sign-up for the program waitlist and receive an email notice with information on how to enroll.

In addition to the financial incentive provided by Peak Perks, reducing electricity use during peak demand hours in the summer months helps customers to lower their monthly electricity bills, and measures such as a temporary off-peak rate freeze have complemented these efforts, as these periods tend to be associated with the highest costs for power. Lowering demand during peak periods also allows the province to reduce electricity sector emissions, by reducing the need for electricity generation facilities that only run at times of peak demand such as natural gas.

Ontario has also launched three new and enhanced programs, including an expanded custom Retrofit program for business, municipalities and other institutions, and industrial electricity rate relief initiatives, targeted support for greenhouse growers in Southwest Ontario, as well enhancements to the existing Local Initiatives Program. The expanded Retrofit program alone will feature over $200 million in dedicated funding to support the new custom energy-efficiency retrofit project stream, that will cover up to 50 percent of the cost of approved projects.

These new and expanded energy-efficiency programs are expected to have a strong impact in Southwest Ontario, with regional peak demand savings of 225 megawatts (MW). This, together with the Ontario-Quebec energy swap agreement, will provide additional capacity for the region and support growing economic development. The overall savings from this energy-efficiency programming will result in an estimated three million tonnes of greenhouse gas emission reductions over its lifetime - the equivalent to taking more than 600,000 vehicles off the road for one year.

“Thanks to energy efficiency efforts over the past 15 years, demand for electricity is today about 12 per cent lower than it otherwise would be,” said Lesley Gallinger, President and CEO, of the Independent Electricity System Operator, Ontario’s grid operator and provider of Save on Energy programs to home and business consumers. “Conservation is a valuable and cost-effective resource that supports system reliability and helps drive economic development as we strive towards compliance with clean electricity regulations for a decarbonized electricity grid.”

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Renewable Energy Tax Incentive Extensions urged by US trade groups to offset COVID-19 supply chain delays, tax equity shortages, and financing risks, enabling direct pay, PTC and ITC qualification, and standalone energy storage credits.

Key Points

Policy measures that extend and monetize clean energy credits to counter COVID-19 disruptions and financing shortfalls.

✅ Extend start construction and safe harbor deadlines

✅ Enable direct pay to offset reduced tax equity

✅ Add a standalone energy storage credit

Renewable energy and other trade bodies in the US are calling on Capitol Hill to extend provision of tax incentives to help the sector “surmount the impacts” of the COVID-19 crisis facing clean energy.

In a signed joint letter, the American Council on Renewable Energy (ACORE), American Wind Energy Association (AWEA), Energy Storage Association (ESA), National Hydropower Association (NHA), Renewable Energy Buyers Alliance (REBA), and the Solar Energy Industries Association (SEIA) stated: “With over $50bn in annual investment over each of the past five years, the clean energy sector is one of the nation’s most important economic drivers. But that growth is placed at risk by a range of COVID-19 related impacts”.

These include “supply chain disruptions that have the potential to delay utility solar construction timetables and undermine the ability of wind, solar and hydropower developers to qualify for time-sensitive tax credits, and a sudden reduction in the availability of tax equity, which is crucial to monetising tax credits and financing clean energy projects of all types.”
The letter goes onto state: “Like all sectors of our economy the renewable and clean grid industry – including developers, manufacturers, construction workers, electric utilities, investors and major corporate consumers of renewable power – needs stability.

“The current uncertainty about the ability to qualify for and monetise tax incentives will have real and substantial negative impacts to the entire economy.

On behalf of the thousands of companies that participate in America’s renewable and clean energy economy, the coalition of organisations is requesting the US Government, echoing Senate calls to support clean energy, take three “critical” steps to address pandemic-related disruptions.

The first is an extension of start construction and safe harbour deadlines to ensure that renewable projects can qualify for renewable tax credits amid the Solar ITC extension debate and despite delays associated with supply chain disruptions.

The second is the implementation of provisions that will allow renewable tax credits to be available for direct pay to facilitate their monetisation, supporting U.S. solar and wind growth in the face of reduced availability of tax equity.

Thirdly, the signatories have requested the enactment of a direct pay tax credit for standalone energy storage to foster renewable growth as the industry sets sights on market majority and help secure a more resilient grid.

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U.S. Climate Change Donation Survey reveals Americans' willingness to fund sustainability via government incentives, electrification, and renewable energy. Public opinion favors wind, solar, and decarbonization, highlighting policy support post-pandemic amid economic recovery efforts.

Key Points

A 2020 U.S. poll on climate attitudes: donation willingness, renewable support, and views on government incentives.

✅ 70% would donate income; 31% would donate nothing.

✅ 59% prefer government incentives; 47% support taxes, conservation.

✅ 85% land wind, 83% offshore wind, 90% solar support.

A new study of American consumers' attitudes toward climate change finds that more than two-thirds of respondents (70%) indicate their willingness to give or donate a percentage of their personal income to support the fight against climate change and the path to net-zero electricity emissions by mid-century. 

Twenty-eight percent indicated they were willing to provide less than 1% of their income; 33% said they would be willing to contribute 1-5% of their income; 6% said they would give between 6-10% of their income; and 3% indicated they would contribute more than 10% of their income. Just under one-third (31%) of those surveyed indicated they were unwilling to give or donate any percentage of their income to support the fight against climate change.

The U.S. findings are part of a series of surveys commissioned by Nexans in the U.S., UK and France, in order to determine public opinion on climate change and related issues in the wake of the COVID-19 pandemic. The U.S. study was conducted online by Researchscape from August 20 – 24, 2020. It had 1,013 respondents, ages 18 or older, with the results weighted to be representative of the overall population (variables available upon request).

Nexans, is headquartered in Paris with a major offshore wind cable manufacturing facility in Charleston, S.C. and an industrial cable manufacturing facility in El Dorado, Ark. The company is fully committed to fighting climate change and is helping to make sustainable electrification possible. The survey was developed as part of its celebration of the first Climate Day in Paris which included a roundtable event with world-renowned experts, the release of an unprecedented global study by Roland Berger on the challenges raised by the electrification of the world, the question of whether the global energy transition is on track, and Nexans' own commitment to be carbon neutral by 2030.

Paying the Tab to Address Climate Change

Participants were given the opportunity to choose from seven multiple responses to the question "How should the fight against climate change be paid for?" The majority (59%) replied it should be paid for by "government incentives for both businesses and consumers." It was followed by "federal, state and/or local taxes" and "conservation programs" (tied at 47%); "business investments" (42%), such as carbon-free electricity initiatives, and "consumer-driven purchases" (33%). Just 9% selected none of the above and 2% selected other.

"Through the organization of this Climate Day, Nexans is asserting itself not only as an actor but also a thought leader of the energy transition for a sustainable electrification of the world. This electrification raises a number of challenges and paradoxes that must be overcome. And it will only happen with the direct involvement of the populations concerned. These surveys provide a better understanding of the level of information and disinformation, including climate change denial, in public opinion as well as their level of acceptability of these lifestyle changes," said Christopher Guérin, CEO, Nexans.

Among other findings, 44% are dissatisfied with the job that federal and state governments are doing to address climate change, while utilities like Duke Energy face investor pressure to release climate reports, 35% are somewhat satisfied and 21% are either very satisfied or completed satisfied with government's role.

Americans expressed overwhelmingly favorable views of wind and solar renewable energy proposals, as carbon emissions fall when electricity producers move away from coal. Specifically, 85% stated being in favor of wind turbines on land (15% against), 83% in favor of wind turbines off the coast (17% against) and 90% in support of solar panel farms (10% opposed).

Those surveyed were asked about their current and changing priorities towards climate change as influenced by the coronavirus pandemic and impacts like extreme heat on electricity bills. Thirty-nine percent indicated that climate change was no more and no less a priority due to the current health emergency; just under a third (31%) indicated that climate change is more of a priority while 30% said it was less of a priority.

In similar research conducted by Nexans in the United Kingdom, nearly two thirds (65.8%) of UK respondents said they would be willing to donate part of their salary to fight climate change. Furthermore, nearly a third (29%) of the UK's consumers believe that combating climate change has become more of a priority in light of the coronavirus pandemic. The UK research was conducted online by Savanta from August 21 – 24, 2020. A total of 2210 respondents, aged 16 and above, representative of the UK population took part.

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