Winds of Change: Vineyard Wind Ushers in a New Era for Clean Energy

NC WARN Solar Case tests third-party solar rights as North Carolina Supreme Court reviews Utilities Commission fines over a Greensboro church's rooftop power deal, challenging Duke Energy's monopoly, onsite electricity sales, and potential rate impacts.

Key Points

A North Carolina Supreme Court test of third-party solar could weaken Duke Energy's monopoly and change utility rules.

✅ NC Supreme Court weighs Utilities Commission penalty on NC WARN

✅ Case could permit onsite third-party solar sales statewide

✅ Outcome may pressure Duke Energy's monopoly and rates

North Carolina's highest court is taking up a case that could force new competition on the state's electricity monopolies.

The state Supreme Court on Tuesday will consider the Utilities Commission's decision to fine clean-energy advocacy group NC WARN for putting solar panels on a Greensboro church's rooftop and then charging it below-market rates for power.

The commission told NC WARN that it was producing electricity illegally and fined the group $60,000. The group said it was acting privately and appealed to the high court.

If the group prevails, it could put new pressure on Duke Energy's monopoly, which has seen an oversubscribed solar solicitation in recent procurements. State regulators say a ruling for NC WARN would allow companies to install solar equipment and sell power on site, shaving away customers and forcing Duke Energy to raise rates on everyone else.

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That's because if NC WARN's deal with Faith Community Church is allowed, the precedent could open the door for others to lure away from Duke Energy, as debates over how solar owners are paid continue, "the customers with the highest profit potential, such as commercial and industrial customers with large energy needs and ample rooftop space," attorney Robert Josey Jr. wrote in a court filing.

Losing those power sales would force the country's No. 2 electricity company to make it up by charging remaining customers more to cover the cost of all of its power plants, transmission lines and repair crews, a dynamic echoed in New England's grid upgrade debates as solar grows, wrote Josey, an attorney for the Public Staff, the state's official utilities consumer advocate.

The dispute is whether NC WARN is producing electricity "for the public," which would mean it's intruding on the territory of the publicly regulated monopoly utility, or whether the move was allowed because it was a private power deal with the church alone.

NC WARN installed the church's power panels in 2015 as part of what it described as a test case, amid wider debates like Nova Scotia's delayed solar charge for customers, challenging Duke Energy's monopoly position to generate and sell electricity.

North Carolina was one of nine states that as of last year explicitly disallowed residential customers from buying electricity generated by solar panels on their roof from a third party that owns the system, even as Maryland opens solar subscriptions more broadly, according to the North Carolina Clean Energy Technology Center. State law allows purchased or leased solar panels, but not payments simply for the power they generate.

NC WARN's goals included "reducing the effects of Duke Energy's monopoly control that has such negative impacts on power bills, clean air and water, and climate change," the church's pastor, Rev. Nelson Johnson, said in a statement the same day the clean-energy group asked state regulators to clear the plan.

Instead, the North Carolina Utilities Commission ruled the arrangement violated the state's system of legal electricity monopolies and hit the group with nearly $60,000 in fines, which would be suspended if the church's payments were refunded with interest and the solar equipment donated. The group has set aside the money and will donate the gear if it loses the Supreme Court case, NC WARN Executive Director Jim Warren said.

NC WARN's three-year agreement saw the group mount a rooftop solar array for which the church would pay about half the average retail electricity price, state officials said. The agreement states plainly that it is not a contract for the sale or lease of the $20,000 solar system, the church never owns the panels, and the low electricity price means its payback for the equipment would take 60 years, Josey wrote.

"Clearly, the only thing of value (the church) is obtaining for its payments under this agreement is the electricity created," he wrote.

In court filings, the group's attorneys have stuck to the argument that NC WARN isn't selling to the public because the deal involved a single customer only.

The deal "is not open to any other member of the public ... A private, bargained-for contract under which only one party receives electricity is not a sale of electricity 'to or for the public,' " attorney Matthew Quinn wrote to the court.

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California Governor Gavin Newsom has signed a new legislation requiring that from 2035, all newly ordered or contracted school buses must be zero-emission.

The state estimates that switching to electric school buses will cost around five billion dollars over the next decade. That is because a diesel equivalent costs about 200,000 dollars less than a battery-electric version. And “the California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.”

There are about 23,800 school buses on the road in California. About 500 are already electric, and 2,078 electric buses have been ordered.

There are – as always- exceptions to the rule. So-called “frontier districts,” which have less than 600 students or are in a county with a population density of less than ten persons per square mile, can file for a five-year extension. However, they must “reasonably demonstrate that a daily planned bus route for transporting pupils to and from school cannot be serviced through available zero-emission technology in 2035.”

Califonia is the fifth US state to mandate electric school buses. Connecticut, Maryland, Maine, and New York implemented similar legislation.

The Public Utilities Commission of Nevada approved a $100 million program that will deploy charging stations for electric vehicles (EVs) along highways, in urban areas, at public buildings, in school and transit bus depots, and at Red Rocks and Lake Tahoe. Combined with the state's clean vehicle standards and its aggressive renewable energy requirements, this means cars, trucks, buses, and boats in Nevada will be powered by increasingly clean electricity.

The “Economic Recovery Transportation Electrification Plan” proposed by NV Energy was required by Senate Bill (SB) 448 (Brooks). Nevada’s tourism-centric economy was hit hard by the pandemic, and the $100 million investment in charging infrastructure for light, medium, and heavy-duty EVs over the next three years was designed to provide much needed economic stimulus without straining the state’s budget.

Half of those investments will be made in communities that have borne a disproportionate share of transportation pollution and have suffered most from COVID-19—a disease that is made more deadly by exposure to local air pollution.

SB 448 also requires NV Energy to propose subsequent “Transportation Electrification Plans” to keep the state on track to meet its climate, air quality, and equity goals. A  report from MJ Bradley & Associates commissioned by NRDC, Southwest Energy Efficiency Project, and Western Resource Advocates demonstrates Nevada could realize $21 billion in avoided expenditures on gasoline and maintenance, reduced utility bills, and environmental benefits by 2050 if more drivers make the switch to EVs.

By Nick Waddell

Disruption is coming to electricity generation but Canada has become a laggard when it comes to not just adoption of alternative energy sources but in moving to a more distributed model of electricity generation. That’s according to Mike Andrade, CEO of Morgan Solar, whose new solar project in conjunction with Enbridge has just come online in Alberta.

“There’s a lot of inertia to Canada’s electrical system and I don’t think that bodes well,” said Andrade, who spoke on BNN Bloomberg on Thursday. 

“Canada is one of the poorest places for uptake of solar,” Andrade said, “I believe a lot of it has to do with the fact that we have strong provincial utilities that have their mandates and their chosen technologies.”

Alberta Solar One, a 13.7 MW power facility near Lethbridge, Alberta, had its unveiling this week. It’s a 36,500-panel farm constructed by Enbridge in a quick six-month turnaround as part of the power company’s pledge to become a carbon-free generator by 2050. Along with solar, Enbridge has made big investments in offshore and onshore wind farms in the United States, while also producing so-called green hydrogen at an Ontario plant.

Private company Morgan Solar considers the Alberta Solar One project as the first utility-scale validation of its technology, which uses optical films to redirect light onto photovoltaic cells to further power production. 

“We use an advanced modelling system and a variety of tools to design very simple optical systems that can be easily inserted into a panel,” Andrade said. “They cost less and bring down the cost per watt. It captures light that would otherwise miss the cells and so you get more power per cell area than any other commercial technology at this point.”

Like renewables in general, solar energy has been thrust into the spotlight as governments worldwide aim to make good on their climate change and emissions pledges and convert power generation from fossil fuels to alternative sources. 

The market has paid attention, too, driving up values on renewable energy stocks across the board, including solar stocks. Last year, the Invesco Solar ETF, which tracks the MAC Global Solar Energy Index, soared 234 per cent, while Canadian companies with solar assets like Algonquin Power and Northland Power have been winners over the past few years.

Canadian cleantech companies involved in the solar power sector have also fared well, with names like UGE International (UGE International Stock Quote, Chart, News, Analyst. Financials TSXV:UGE), Aurora Solar and 5N Plus (5N Plus Stock Quote, Chart, News, Analysts, Financials TSX:VNP) having attracted investor attention of late.

Currently, part of the push in alternative energy involves the move from centralized to a more distributed picture of power generation, where solar panels, wind turbines and small modular nuclear reactors can operate close to or within sources of consumption like cities.

But Andrade says Canada has a lot of catching up to do on that front, especially as its current system seems devoted to maintaining the precedence of large, centralized power production — along with the utility companies that generate it.

“Canada is going to be left with this big, old fashioned hub and spoke model, and that’s increasingly going to be out-competed by a distributed grid, call them smart grids or micro grids,” Andrade said.

“That’s the future that solar is going to drive along with storage, and I personally don’t think Canada is prepared for it, not because we can’t do it but because regulatory and incumbency is holding us back from doing that,” he said.

“We pay our utilities, saying, ‘You invest capital and we’ll give you a fixed return on capital.’ Well, guess what? You’re going to get large, centralized capital projects which are going to get big central generation hub and spoke distribution,” Andrade said.

Ahead of the Canadian federal government’s tabling next week of its first budget in two years, many in the energy sector will be taking notes on the Liberal government’s investments in the so-called green recovery after the economic downturn, with renewable energy proponents hoping for further support to shift Canada’s resource sector away from fossil fuels.

By comparison, President Biden in the US recently unveiled his $2-billion infrastructure plan which put precedence on greening the country’s power grid, encouraging the adoption of electric vehicles and supporting renewable resource development. 

On disruption in power generation, Andrade said there are parallels to be drawn from information technology, which has historically made a point of discarded outdated models along the way.

“I was at IBM, and they had the mainframe business and that got blown up. I also worked with Nortel and Celestica and they got blown up —and it wasn’t due to having better central hub and spoke systems. They got beat up by this distributed system,” Andrade said. 

“The same thing is going to happen here and the disruption is coming in electricity generation as well,” he said.

About The Author - Nick Waddell

Cantech Letter founder and editor Nick Waddell has lived in five Canadian provinces and is proud of his country's often overlooked contributions to the world of science and technology. Waddell takes a regular shift on the Canadian media circuit, making appearances on CTV, CBC and BNN, and contributing to publications such as Canadian Business and Business Insider.

West Lafayette, Indiana-based Purdue Research Foundation recently completed a licensing agreement with an international energy company – the name of which was not disclosed – for the commercialization of a new process discovered at Purdue University Northwest (PNW) for the biological production of green hydrogen from food waste. A second licensing agreement with a company in Indiana is under negotiation.

Food waste into green hydrogen
Researchers say that this new process, which uses food waste to biologically produce hydrogen, can be used as a clean energy source for producing electricity, as well as for chemical and industrial processes or as a transportation fuel.

Robert Kramer, professor of physics at PNW and principal investigator for the research, says that more than 30% of all food, amounting to $48 billion, is wasted in the United States each year. That waste could be used to create hydrogen, a sustainable energy source. When hydrogen is combusted, the only byproduct is water vapor.

The developed process has a high production rate and can be implemented quickly. The process is robust, reliable, and economically viable for local energy production and processes.

The research team has received five grants from the US Department of Energy and the Purdue Research Foundation totaling around $800,000 over the last eight years to develop the science and technology that led to this process.

Two patents have been issued, and a third patent is currently in the final stages of approval. Over the next nine months, a scale-up test will be conducted. Based upon test results, it is anticipated that construction could start on the first commercial prototype within a year.

Last week, a facility designed to turn non-recyclable plastics into green hydrogen was approved in the UK. It is the second facility of its kind there.

Electric vehicles (EVs) are gaining popularity, and it appears they might be offering an unexpected benefit to everyone – including those who don't own an EV.  A new study by the non-profit research group Synapse Energy Economics suggests that the growth of electric cars is actually contributing to lower electricity rates for all ratepayers.

How EVs Contribute to Lower Rates

The study explains several factors driving this surprising trend:

• Increased Electricity Demand: Electric vehicles require additional electricity, boosting overall demand on the grid. This increased demand allows utility companies to spread their fixed costs (such as infrastructure maintenance) over a larger base, lowering the per-unit cost of electricity for everyone.
• Optimal Charging Times: Many EV owners take advantage of off-peak charging discounts. Charging cars overnight, when electricity demand is typically low, helps to balance the grid and reduce the need for expensive "peaker" power plants, which are only used to meet occasional spikes in demand.
• Revenue for Utilities: Electric car charging can generate substantial revenue for utilities, potentially supporting investment in grid improvements and renewable energy projects that can bring long-term benefits to all customers.

A Significant Impact

The Synapse Energy Economics study analyzed data from 2011 to 2021 and concluded that EV drivers already contributed over $3 billion more to the grid than their associated costs. That, in turn, reduced monthly electricity bills for all customers.

Benefits May Grow

While the impact on electricity rates has been modest so far, experts anticipate the benefits to grow as EV adoption rates increase. Vehicle-to-grid (V2G) technology, which allows EVs to feed stored power back into the grid during emergencies or high-demand periods, has the potential to further optimize electricity usage patterns and create additional benefits for utilities and customers.

National Implications

The findings of this study offer hope to other regions seeking to increase electric vehicle adoption rates, which is a key step towards reducing transportation-related greenhouse gas emissions. This news may alleviate concerns about potential electricity rate hikes driven by EV adoption and suggests that the benefits will be broadly shared.

More than Just Environmental Benefits

Electric vehicles bring a clear environmental advantage by reducing reliance on fossil fuels. However, this unexpected economic benefit could further strengthen the case for accelerating the adoption of electric vehicles. This news might encourage policymakers and the public to consider additional incentives or policies to promote the transition to this cleaner mode of transportation knowing it can yield benefits beyond environmental goals.