Vestas sees offshore wind funding gap

By Reuters


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The huge investment required to meet offshore wind development targets cannot be funded by large utilities alone, a project finance manager for Vestas, the world's top supplier of wind turbines, said.

"Even strong utilities cannot fund investment in offshore wind only with their balance sheet, this is not sustainable," Erik Sejersen told the Projects & Infrastructure International conference in Brussels.

Only a handful of projects have been funded on a project finance basis as the high costs and technical challenges of installing and maintaining offshore wind turbines has discouraged many banks from lending to projects.

But Sejersen said that project finance was necessary for small offshore wind developers to see projects through as well as for financial investors to leverage. Unlike competitors Siemens and General Electric, Vestas does not provide vendor financing.

"We do not bring funding to the table but we can facilitate the process through our relationships with banks and export credit agencies such as Denmark's EKF," said Sejersen.

Vestas has installed more than 1,000 MW of capacity in offshore projects in the Northern Europe, where the vast majority of Europe's offshore wind projects are being developed.

Sejersen said the project finance market for wind installations was starting to pick up, echoing the views of Siemens, which says it is No. 1 in the market when it comes to offshore wind turbines.

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5 ways Texas can improve electricity reliability and save our economy

Texas Power Grid Reliability faces ERCOT blackouts and winter storm risks; solutions span weatherization, natural gas coordination, PUC-ERCOT reform, capacity market signals, demand response, grid batteries, and geothermal to maintain resilient electricity supply.

 

Key Points

Texas Power Grid Reliability is ERCOT's ability to keep electricity flowing during extreme weather and demand spikes.

✅ Weatherize power plants and gas supply to prevent freeze-offs

✅ Merge PUC and Railroad Commission for end-to-end oversight

✅ Pay for firm capacity, demand response, and grid storage

 

The blackouts in February shined a light on the fragile infrastructure that supports modern life. More and more, every task in life requires electricity, and no one is in charge of making sure Texans have enough.

Of the 4.5 million Texans who lost power last winter, many of them also lost heat and at least 100 froze to death. Wi-Fi stopped working and phones soon lost their charges, making it harder for people to get help, find someplace warm to go or to check in on loved ones.

In some places pipes froze, and people couldn’t get water to drink or flush after power and water failures disrupted systems, and low water pressure left some health care facilities unable to properly care for patients. Many folks looking for gasoline were out of luck; pumps run on electricity.

But rather than scouting for ways to use less electricity, we keep plugging in more things. Automatic faucets and toilets, security systems and locks. Now we want to plug in our cars, so that if the grid goes down, we have to hope our Teslas have enough juice to get to Oklahoma.

The February freeze illuminated two problems with electricity sufficiency. First, power plants had mechanical failures, triggering outages for days. But also, Texans demanded a lot more electricity than usual as heaters kicked on because of the cold. The ugly truth is, the Texas power grid probably couldn’t have generated enough electricity to meet demand, even if the plants kept whirring. And that is what should chill us now.

The stories of the people who died because the electricity went out during the freeze are difficult to read. A paletero and cotton-candy vendor well known in Old East Dallas, Leobardo Torres Sánchez, was found dead in his armchair, bundled in quilts beside two heaters that had no power.

Arnulfo Escalante Lopez, 41, and Jose Anguiano Torres, 28, died from carbon monoxide poisoning after using a gas-powered generator to heat their apartment in Garland.

Pramod Bhattarai, 23, a college student from Nepal, died from carbon monoxide after using a charcoal grill to heat his home in Houston, according to news reports. And Loan Le, 75; Olivia Nguyen, 11; Edison Nguyen, 8; and Colette Nguyen, 5, died in Sugar Land after losing control of a fire they started in the fireplace to keep warm.

A 65-year-old San Antonio man with esophageal cancer died after power outages cut off supply from his oxygen machine. And local Abilene media reported that a man died in a local hospital when a loss of water pressure prevented staff from treating him.

Gloria Jones of Hillsboro, 87, was living by herself, healthy and social. According to the Houston Chronicle, as the cold weather descended, she told her friends and family she was fine. But when her children checked on her after she didn’t answer her phone, they found her on the floor beside her bed. Hospital workers tried to warm her, but they soon pronounced her dead.

Officials said in July that 210 people died because of the freezing weather, including those who died in car crashes and other weather-related causes, but that figure will be updated. The Department of State Health Services said most of those deaths were due to hypothermia.


Policy recommendation: Weatherize power plants and fuel suppliers

Texas could have avoided those deaths if power plants had worked properly. It’s mechanically possible to generate electricity in freezing temperatures; the Swedes and Finns have electricity in winter. But preparing equipment for the winter costs money, and now that the Public Utility Commission set new requirements for plant owners to weatherize equipment, we expect better reliability.

The PUC officials certainly expect better performance. Chairman Peter Lake earlier this month promised: “We go into this winter knowing that because of all these efforts the lights will stay on.”

Yet, there’s no matching requirement to weatherize key fuel supplies for natural gas-fired power plants. While the PUC and the Electric Reliability Council of Texas were busy this year coming up with standards and enforcement processes, the Texas Railroad Commission, which regulates oil and gas production, was not.

The Railroad Commission is working to ensure that natural gas producers who supply power plants have filed the proper paperwork so that they do not lose electricity in a blackout, rendering them unable to provide vital fuel. But weatherization regulations will not happen for some months, not in time for this winter.


Policy recommendation: Combine the state’s Public Utility Commission and Railroad Commission into one energy agency

Electricity and natural gas regulators came to realize the importance of natural gas suppliers communicating their electricity needs with the PUC to avoid getting cut off when the fuel is needed the most. Not last year; they realized this ten years ago, when the same thing happened and triggered a day of rolling outages.

Why did it take a decade for the companies regulated by one agency to get their paperwork in order with a separate agency? It makes more sense for a single agency to regulate the entire energy process, from wellhead to lightbulb. (Or well-to-wheel, as cars increasingly need electricity, too.)

Over the years, various legislative sunset commissions have recommended combining the agencies, with different governance suggestions, none of which passed the Legislature. We urge lawmakers in 2023 to take up the idea in earnest, hammer out the governance details, and make sure the resulting agency has the heft and resources to regulate energy in a way that keeps the industry healthy and holds it accountable.


Policy recommendation: Incentivize building more power plants

Regardless, if energy companies in February had operated their equipment exactly right, the lights likely would have still gone out. Perhaps for a shorter period, perhaps in a more shared way, allowing people to keep homes above freezing and phones charged between rolling blackouts. But Texas was heading for trouble.

Before the winter freeze, ERCOT anticipated Texas would have 74,000 MW of power generation capacity for the winter of 2021. That’s less than the usual summer fleet as some plants go down for maintenance in the winter, but sufficient to meet their wildest predictions of winter electricity demand. The power generation on hand for the winter would have met the historic record winter demand, at 65,918 MW. Even in ERCOT’s planning scenario with extreme generator failures, the grid had enough capacity.

But during the second week of February, as weather forecasts became more dire, grid operators began rapidly hiking their estimates of electricity demand. On Valentine’s Day, ERCOT estimated demand would rise to 75,573 MW in the coming week.

Clearly that is more demand than all of Texas’ winter power generation fleet of 74,000 MW could handle. Demand never reached that level because ERCOT turned off service to millions of customers when power plants failed.

This raises questions about whether the Texas grid has enough power plants to remain resilient as climate change brings more frequent bouts of extreme weather and blackout risks across the U.S. Or if we have enough power to grow, as more people and companies, more homes and businesses and manufacturing plants, move to Texas.

What a shame if the Texas Miracle, our robust and growing economy, died because we ran out of electricity.

This is no exaggeration. In November, ERCOT released its seasonal assessment of whether Texas will have enough electricity resources for the coming winter. If weather is normal, yes, Texas will be in good shape. But if extreme weather again pushes Texas to use an inordinate amount of electricity for heat, and if wind and solar output are low, there won’t be enough. In that scenario, even if power plants mostly continue to operate properly, we should brace for outages.

Further, there are few investors planning to build more power plants in Texas, other than solar and wind. Renewable plants have many good qualities, but reliability isn’t one of them. Some investors are building grid-scale batteries, a technology that promises to add reliability to the grid.

How come power plant developers aren’t building more generators, especially with flat electricity demand in many markets today?


Policy recommendation: Incentivize reliability

The Texas electrical grid, independent of the rest of the U.S., operates as a competitive market. No regulator plans a power plant; investors choose to build plants based on expectations of profit.

How it works is, power generators offer their electricity into the market at the price of their choosing. ERCOT accepts the lowest bids first, working up to higher bids as demand for power increases in the course of a day.

The idea is that Texans always get the lowest possible price, and if prices rise high, investors will build more power plants. Basic supply and demand. When the market was first set up, this worked pretty well, because the big, reliable baseload generators, the coal and nuclear industries, were the cheapest to operate and bid their power at prices that kept them online all the time. The more agile natural gas-fired plants ramped up and down to meet demand minute-by-minute, at higher prices.

Renewable energy disrupts the market in ways that are great, generating cheap, clean power that has forced some high-polluting coal plants to mothball. But the disruption also undermines reliability. Wind and solar plants are the cheapest and quickest power generation to build and they have the lowest operating cost, allowing them to bid very low prices into the power market. Wind tends to blow hardest in West Texas at night, so the abundance of wind turbines has pushed many of those old baseload plants out of the market.

That’s how markets work, and we’re not crying for coal plant operators. But ERCOT has to figure out how to operate the market differently to keep the lights on.

The PUC announced a slew of electricity market reforms last week to address this very problem, including new to market pricing and an emergency reliability service for ERCOT to contract for more back-up power. These changes cost money, but failing to make any changes could cost more lives.

Texas became the No. 1 wind state thanks in part to a smart renewable energy credit system that created financial incentives to erect wind turbines. But those credits mean that sometimes at night, wind generators bid electricity into the market at negative prices, because they will make money off of the renewable energy credits.

It’s time for the Legislature to review the credit program to determine if it’s still needed, of a similar program could be added to incentivize reliability. The market-based program worked better than anyone could have expected to produce clean energy. Why not use this approach to create what we need now: clean and reliable energy?

We were pleased that PUC commissioners discussed last week an idea that would create a market for reliable power generation capacity by adding requirements that power market participants meet a standard of reliability guarantees.

A market for reliable electricity capacity will cost more, and we hope regulators keep the requirements as modest as possible. Renewable requirements were modest, but turned out to be powerful in a competitive market.

We expect a reliability program to be flexible enough that entrepreneurs can participate with new technology, such as batteries or geothermal energy or something that hasn’t been invented yet, rather than just old reliable fossil fuels.

We also welcome the PUC’s review of pricing rules for the market. Commissioners intend for a new pricing formula to offer early price signals of pending scarcity, to allow time for industrial customers to reduce consumption or suppliers to ramp up. This is intriguing, but we hope the final implementation keeps market interventions at a minimum.

We witnessed in February a scenario in which extremely high prices on the power market did nothing to attract more electricity into the market. Power plants broke down; there was no way to generate more power, no matter how high market prices went. So the PUC was silly to intervene in the market and keep prices artificially high; the outcome was billions of dollars of debt and a proposed electricity market bailout that electricity customers will end up paying.

Nor did this PUC pricing intervention prompt power generation developers to say: “I tell you what, let’s build more plants in Texas.” In the next few years, ERCOT can expect more solar power generation to come online, but little else.

Natural gas plant operators have told the PUC that market price signals show that a new plant wouldn’t be profitable. Natural gas plants are cheaper and faster to build than nuclear reactors; if those developers cannot figure out how to make money, then the prospect of a new nuclear reactor in Texas is a fantasy, even setting aside the environmental and political opposition.


Policy proposal: Use less energy

Politicians like to imagine that technology will solve our energy problem. But the quickest, cheapest, cleanest solution to all of our energy problems is to use less. Investing some federal infrastructure money to make homes more energy efficient would cut energy use, and could help homes retain heat in an emergency.

The PUC’s plan to offer more incentives for major power users to reduce demand in a grid emergency is a good idea. Bravo – next let’s take this benefit to the masses.

Upgrading building codes to require efficiency for office buildings and apartments can help, and might have prevented the frozen pipes in so many multifamily housing units that left people without water.

When North Texas power-line utility Oncor invested in smart grid technology in past decades, part of the promise was to help users reduce demand when electricity prices rise or in emergencies. A review and upgrade of the smart technology could allow more customers to benefit from discounts in exchange for turning things off when electricity supply is tight.

Problem is, we seem to be going in the opposite direction as consumers. Forget turning off the TV and unplugging the coffee machine as we leave the house each morning; now everything is always-on and always connected to Wi-Fi. Our appliances, electronics and the services that operate them can text us when anything interesting happens, like the laundry finishes or somebody opens the patio door or the first season of Murder She Wrote is available for streaming.

As Texans plug in electric vehicles, we will need even more power generation capacity. Researchers at the University of Texas at Austin estimated that if every Texan switched to an electric vehicle, demand for electricity would rise about 30%.

Texans will need to think realistically and rationally about where that electricity is going to come from. Before we march toward a utopian vision of an all-electric world, we need to make sure we have enough electricity.

Getting this right is a matter of life and death for each of one us and for Texas.

 

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UK homes can become virtual power plants to avoid outages

Demand Flexibility Service rewards households and businesses for shifting peak-time electricity use, enhancing grid balancing, energy security, and net zero goals with ESO and Ofgem support, virtual power plants, and 2GW capacity this winter.

 

Key Points

A grid program paying homes and businesses to shift peak demand, boosting energy security and lowering winter costs.

✅ Pays £3,000/MWh for reduced peak-time usage

✅ Targets at least 2GW via virtual power plants

✅ Rolled out by suppliers with Ofgem and ESO

 

This month we published our analysis of the British electricity system this winter. Our message is clear: in the base case our analysis indicates that supply margins are expected to be adequate, however this winter will undoubtedly be challenging, with high winter energy costs adding pressure. Therefore, all of us in the electricity system operator (ESO) are working round the clock to manage the system, ensure the flow of energy and do our bit to keep costs down for consumers.

One of the tools we have developed is the demand flexibility service, designed to complement efforts to end the link between gas and electricity prices and reduce bills. From November, this new capability will reward homes and businesses for shifting their electricity consumption at peak times. And we are working with the government, businesses and energy providers to encourage as high a level of take-up as possible. We are confident this innovative approach can provide at least 2 gigawatts of power – about a million homes’ worth.

What began as an initiative to help achieve net zero and keep costs down is also proving to be an important tool in ensuring Britain’s energy security, alongside the Energy Security Bill progressing into law.

We are particularly keen to get businesses involved right across Britain. When the Guardian first reported on this service we had calls from businesses ranging from multinationals to an owner of a fish and chip shop asking how they could do their bit and get signed up.

We can now confirm our proposals for how much people and businesses can be paid for shifting their electricity use outside peak times. We anticipate paying a rate of £3,000 per megawatt hour, reflecting the dynamics of UK natural gas and electricity markets today. Businesses and homes can become virtual power plants and, crucially, get paid like one too. For a consumer that could mean a typical household could save approximately £100, and industrial and commercial businesses with larger energy usage could save multiples of this.

We are working with Ofgem to get this scheme launched in November and for it to be rolled out through energy suppliers. If you are interested in participating, or understanding what you could get paid, please contact your energy supplier.

Innovations such as these have never mattered more. Vladimir Putin’s unlawful aggression means we are facing unprecedented energy market volatility, across the continent where Europe’s worst energy nightmare is becoming reality, and pressures on energy supplies this winter.

As a result of Russia’s war in Ukraine, European gas is scarce and prices are high, prompting Europe to weigh emergency measures to limit electricity prices amid the crisis. Alongside this, France’s nuclear fleet has experienced a higher number of outages than expected. Energy shortages in Europe could have knock-on implications for energy supply in Britain.

We have put in place additional contingency arrangements for this winter. For example, the ability to call on generators to fire-up emergency coal units, even as the crisis is a wake-up call to ditch fossil fuels for many, giving Britain 2GW of additional capacity.

We need to be clear, it is possible that without these measures supply could be interrupted for some customers for limited periods of time. This could eventually force us to initiate a temporary rota of planned electricity outages, meaning that some customers could be without power for up to three hours at a time through a process called the electricity supply emergency code (ESEC).

Under the ESEC process we would advise the public the day before any disconnections. We are working with government and industry on planning for this so that the message can be spread across all communities as quickly and accurately as possible. This would include press conferences, social media campaigns, and working with influencers in different communities.

 

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Surging electricity demand is putting power systems under strain around the world

Global Electricity Demand Surge strains power markets, fuels price volatility, and boosts coal and gas generation as renewables lag, driving emissions, according to the IEA, with grids and clean energy investment crucial through 2024.

 

Key Points

A surge in power use that strained supply, raised prices, and drove power-sector CO2 emissions to record highs.

✅ 6% demand growth in 2021; largest absolute rise ever

✅ Coal up 9%; gas +2%; renewables +6% could not meet demand

✅ Prices doubled vs 2020; volatility hit EU, China, India

 

Global electricity demand surged above pre-pandemic levels in 2021, creating strains in major markets, pushing prices to unprecedented levels and driving the power sector’s emissions to a record high. Electricity is central to modern life and clean electricity is pivotal to energy transitions, but in the absence of faster structural change in the sector, rising demand over the next three years could result in additional market volatility and continued high emissions, according an IEA report released today.

Driven by the rapid economic rebound, and more extreme weather conditions than in 2020, including a colder than average winter, last year’s 6% rise in global electricity demand was the largest in percentage terms since 2010 when the world was recovering from the global financial crisis. In absolute terms, last year’s increase of over 1 500 terawatt-hours was the largest ever, according to the January 2022 edition of the IEA’s semi-annual Electricity Market Report.

The steep increase in demand outstripped the ability of sources of electricity supply to keep pace in some major markets, with shortages of natural gas and coal leading to volatile prices, demand destruction and negative effects on power generators, retailers and end users, notably in China, Europe and India. Around half of last year’s global growth in electricity demand took place in China, where demand grew by an estimated 10%, highlighting that Asia is set to use half of global electricity by 2025 according to the IEA. China and India suffered from power cuts at certain points in the second half of the year because of coal shortages.

“Sharp spikes in electricity prices in recent times have been causing hardship for many households and businesses around the world and risk becoming a driver of social and political tensions,” said IEA Executive Director Fatih Birol. “Policy makers should be taking action now to soften the impacts on the most vulnerable and to address the underlying causes. Higher investment in low-carbon energy technologies including renewables, energy efficiency and nuclear power – alongside an expansion of robust and smart electricity grids – can help us get out of today’s difficulties.”

The IEA’s price index for major wholesale electricity markets almost doubled compared with 2020 and was up 64% from the 2016-2020 average. In Europe, average wholesale electricity prices in the fourth quarter of 2021 were more than four times their 2015-2020 average, and wind and solar generated more electricity than gas in the EU during the year.  Besides Europe, there were also sharp price increases in Japan and India, while they were more moderate in the United States where gas supplies were less perturbed.

Electricity produced from renewable sources grew by 6% in 2021, but it was not enough to keep up with galloping demand. Coal-fired generation grew by 9%, with soaring electricity and coal use serving more than half of the increase in demand and reaching a new all-time peak as high natural gas prices led to gas-to-coal switching. Gas-fired generation grew by 2%, while nuclear increased by 3.5%, almost reaching its 2019 levels. In total, carbon dioxide (CO2) emissions from power generation rose by 7%, also reaching a record high, after having declined the two previous years.

“Emissions from electricity need to decline by 55% by 2030 to meet our Net Zero Emissions by 2050 Scenario, but in the absence of major policy action from governments, those emissions are set to remain around the same level for the next three years,” said Dr Birol. “Not only does this highlight how far off track we currently are from a pathway to net zero emissions by 2050, but it also underscores the massive changes needed for the electricity sector to fulfil its critical role in decarbonising the broader energy system.”

For 2022-2024, the report anticipates electricity demand growing 2.7% a year on average, although the Covid-19 pandemic and high energy prices bring some uncertainty to this outlook. Renewables are set to grow by 8% per year on average, and low-emissions sources are expected to serve more than 90% of net demand growth during this period. We expect nuclear-based generation to grow by 1% annually during the same period.

As a consequence of slowing electricity demand growth and significant renewables additions, fossil fuel-based generation is expected to stagnate in the coming years, and renewables are set to surpass coal by 2025 with coal-fired generation falling slightly as phase-outs and declining competitiveness in the United States and Europe are balanced by growth in markets like China, where electricity demand trends remain a puzzle in recent analyses, and India. Gas-fired generation is seen growing by around 1% a year.

 

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China to build 2,000-MW Lawa hydropower station on Jinsha River

Lawa Hydropower Station approved on the Jinsha River, a Yangtze tributary, delivers 2,000 MW via four units; 784 ft dam, 12 sq mi reservoir, Sichuan-Tibet site, US$4.59b investment, Huadian stake, renewable energy generation.

 

Key Points

A 2,000 MW dam project on the Jinsha River with four units, a 784 ft barrier, and 8.36 billion kWh annual output.

✅ Sichuan-Tibet junction on the Jinsha River

✅ 2,000 MW capacity; four turbine-generator units

✅ 8.36 bn kWh/yr; US$4.59b total; Huadian 48% stake

 

China has approved construction of the 2,000-MW Lawa hydropower station, a Yangtze tributary hydropower project on the Jinsha River, multiple news agencies are reporting.

Lawa, at the junction of Sichuan province and the Tibet autonomous region, will feature a 784-foot-high dam and the reservoir will submerge about 12 square miles of land. The Jinsha River is a tributary of the Yangtze River, and the project aligns with green hydrogen development in China.

The National Development and Reform Commission of the People’s Republic of China, which also guides China's nuclear energy development as part of national planning, is reported to have said that four turbine-generator units will be installed, and the project is expected to produce about 8.36 billion kWh of electricity annually.

Total investment in the project is to be US$4.59 billion, and Huadian Group Co. Ltd. will have a 48% stake in the project, reflecting overseas power infrastructure activity, with minority stakes held by provincial firms, according to China Daily.

In other recent news in China, Andritz received an order in December 2018 to supply four 350-MW reversible pump-turbines and motor-generators, alongside progress in compressed air generation technologies, for the 1,400-MW ZhenAn pumped storage plant in Shaanxi province.

 

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We Energies refiles rate hike request driven by rising nuclear power costs

We Energies rate increase driven by nuclear energy costs at Point Beach, Wisconsin PSC filings, and rising utility rates, affecting electricity prices for residential, commercial, and industrial customers while supporting WEC carbon reduction goals.

 

Key Points

A 2021 utility rate hike to recover Point Beach nuclear costs, modestly raising Wisconsin electricity bills.

✅ Residential bills rise about $0.73 per month

✅ Driven by $55.82/MWh Point Beach contract price

✅ PSC review and consumer advocates assessing alternatives

 

Wisconsin's largest utility company is again asking regulators to raise rates to pay for the rising cost of nuclear energy.

We Energies says it needs to collect an additional $26.5 million next year, an increase of about 3.4%.

For residential customers, that would translate to about 73 cents more per month, or an increase of about 0.7%, while some nearby states face steeper winter rate hikes according to regulators. Commercial and industrial customers would see an increase of 1% to 1.5%, according to documents filed with the Public Service Commission.

If approved, it would be the second rate increase in as many years for about 1.1 million We Energies customers, who saw a roughly 0.7% increase in 2020 after four years of no change, while Manitoba Hydro rate increase has been scaled back for next year, highlighting regional contrasts.

We Energies' sister utility, Wisconsin Public Service Corp., has requested a 0.13% increase, which would add about 8 cents to the average monthly residential bill, which went up 1.6% this year.

We Energies said a rate increase is needed to cover the cost of electricity purchased from the Point Beach nuclear power plant, which according to filings with the Securities Exchange Commission will be $55.82 per megawatt-hour next year.

So far this year, the average wholesale price of electricity in the Midwestern market was a little more than $25.50 per megawatt-hour, and recent capacity market payouts on the largest U.S. grid have fallen sharply, reflecting broader market conditions.

Owned and operated by NextEra Energy Resources, the 1,200-megawatt Point Beach Nuclear Plant is Wisconsin's last operational reactor. We Energies sold the plant for $924 million in 2007 and entered into a contract to purchase its output for the next two decades.

Brendan Conway, a spokesman for WEC Energy Group, said customers have benefited from the sale of the plant, which will supply more than a third of We Energies' demand and is a key component in WEC's strategy to cut 80% of its carbon emissions by 2050, amid broader electrification trends nationwide.

"Without the Point Beach plant, carbon emissions in Wisconsin would be significantly higher," Conway said.

As part of negotiations on its last rate case, WEC agreed to work with consumer advocates and the PSC to review alternatives to the contracted price increases, which were structured to begin rising steeply in 2018.

Tom Content, executive director of the Citizens Utility Board, said the contract will be an issue for We Energies customers into the next decade

"It's a significant source (of energy) for the entire state," Content said. "But nuclear is not cheap."

WEC filed the rate requests Monday, one week after the withdrawing similar applications. Conway said the largely unchanged filings had "undergone additional review by senior management."

WEC last week raised its second quarter profit forecast to 67 to 69 cents per share, up from the previous range of 58 to 62 cents per share.

The company credited better than expected sales in April and May along with operational cost savings and higher authorized profit margin for American Transmission Company, of which WEC is the majority owner.

Wisconsin's other investor-owned utilities have reported lower than expected fuel costs for 2020 and 2021, even as emergency fuel stock programs in New England are expected to cost millions this year.

Alliant Energy has proposed using about $31 million in fuel savings to help freeze rates in 2021, aligning with its carbon-neutral electricity plans as it rolls out long-term strategy, while Xcel Energy is proposing to lower its rates by 0.8% next year and refund its customers about $9.7 million in fuel costs for this year.

Madison Gas and Electric is negotiating a two-year rate structure with consumer groups who are optimistic that fuel savings can help prevent or offset rate increases, though some utilities are exploring higher minimum charges for low-usage customers to recover fixed costs.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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