Wisconsin utility reaches clean air act settlement

By Environmental Protection Agency


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WASHINGTON – The U.S. Environmental Protection Agency EPA and the U.S. Department of Justice DOJ announced a Clean Air Act CAA settlement with Dairyland Power Cooperative DPC that will cover the utility’s three power plants in Alma and Genoa, Wisconsin.

DPC has agreed to invest approximately $150 million in pollution control technology that will protect public health and resolve violations of the CAA. The settlement will also require that DPC spend $5 million on environmental mitigation projects and pay a civil penalty of $950,000.

"EPA is committed to protecting communities by reducing air pollution from the largest sources of emissions," said Cynthia Giles, assistant administrator for EPAÂ’s Office of Enforcement and Compliance Assurance. "The pollution reductions and the significant investment in local environmental projects under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air." "This settlement will improve air quality in Wisconsin and downwind areas by significantly reducing releases of sulfur dioxide, nitrogen oxide and other harmful pollutants," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice.

Under the settlement, DPC must install pollution control technology on its three largest units and will be required to continuously operate the new and existing pollution controls and will be required to comply with stringent emission rates and annual tonnage limitations.

The settlement also requires DPC to permanently retire three additional coal-fired units at the Alma plant, which have been out of operation since 2011.

The permanent retirement of these units will ensure that they do not restart without first complying with the CAA. The actions taken by DPC to comply with this settlement will result in annual reductions of sulfur dioxide SO2 emissions by 23,000 tons and nitrogen oxides NOx emissions by 6,000 tons from 2008 levels, in addition to significant reductions of particulate matter emissions. This settlement covers all seven coal-fired boilers at DPCÂ’s three power plants.

The settlement also requires DPC to spend $5 million on projects that will benefit the environment and human health in communities located near the DPC facilities. DPC must pay $250,000 each to the U.S. Forest Service and the National Park Service, to be used on projects to address the damage done from DPCÂ’s alleged excess emissions.

At least $2 million will be spent on a major solar photovoltaic development project. The remaining mitigation funding will be spent on one or more of the following projects: 1 installation of solar photovoltaic panels, 2 home weatherization projects, and 3 the replacement of DPCÂ’s standard vehicle fleet with cleaner burning vehicles. The Sierra Club is a party to the settlement, which will also resolve violations alleged by Sierra Club in related litigation.

Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPAÂ’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near DPC facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.

Because air pollution from power plants can travel significant distances downwind, this settlement will also reduce air pollution outside the immediate region.

This is the 22nd judicial settlement secured by the Justice Department and EPA, and the 23rd settlement overall, as part of a national enforcement initiative to control harmful emissions from power plants under the Clean Air ActÂ’s New Source Review requirements.

The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed nearly two million tons each year once all the required pollution controls have been installed and implemented.

The settlement was lodged in the U.S. District Court for the Western District of Wisconsin, and was subject to a 30-day public comment period and final court approval.

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Rio Tinto seeking solutions that transform heat from underground mines into electricity

Rio Tinto waste heat-to-electricity initiative captures underground mining thermal energy at Resolution Copper, Arizona, converting it to renewable power for cooling systems and microgrids, advancing decarbonization, energy efficiency, and the miner's 2050 carbon-neutral goal.

 

Key Points

A program converting underground thermal energy into on-site electricity to cut emissions and support mine cooling.

✅ Captures low-grade heat from rock and geothermal water.

✅ Generates electricity for ventilation, refrigeration, microgrids.

✅ Scalable, safe, and grid- or storage-ready for peak demand.

 

The world’s second-largest miner, Rio Tinto announced that it is accepting proposals for solutions that transform waste heat into electricity for reuse from its underground operations.

In a press release, the company said this initiative is aimed at drastically reducing greenhouse gas emissions, even as energy-intensive projects like bitcoin mining operations expand, so that it can achieve its goal of becoming carbon neutral by 2050.

Initially, the project would be implemented at the Resolution copper mine in Arizona, which Rio owns together with BHP (ASX, LON: BHP). At this site, massive electrically-driven refrigeration and ventilation systems, aligned with broader electrified mining practices, are in charge of cooling the work environment because of the latent heat from the underground rock and groundwater. 

THE INITIATIVE IS AIMED AT REDUCING GREENHOUSE GAS EMISSIONS SO THAT RIO CAN ACHIEVE ITS GOAL OF BECOMING CARBON NEUTRAL BY 2050

“When operating, the Resolution copper mine will be a deep underground block cave mine some 7,000 feet (~2 kilometres) deep, with ambient air temperatures ranging between 168°F to 180°F (76°C to 82°C), conditions that, during heat waves, when bitcoin mining power demand can strain local grids, further heighten cooling needs, and underground water at approximately 194°F (90°C),” the media brief states.

“Rio Tinto is seeking solutions to capture and reuse the heat from underground, contributing towards powering the equipment needed to cool the operations. The solution to capture and convert this thermal energy into electrical energy, such as emerging thin-film thermoelectrics, should be safe, environmentally friendly and cost-effective.”

The miner also said that, besides capturing heat for reuse, the solution should generate electrical energy from low range temperatures below the virgin rock temperature and/or from the high thermal water coming from the underground rock, similar to using transformer waste heat for heating in the power sector. 

At the same time, the solution should be scalable and easily transported through the many miles of underground tunnels that will be built to ventilate, extract and move copper ore to the surface.

Rio requires proposals to offer the possibility of distributing the electrical energy generated back into the electrical grid from the mining operation or stored and used at a later stage when energy is required during peak use periods, especially as jurisdictions aim to use more electricity for heat in colder seasons. 

 

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How Canada can capitalize on U.S. auto sector's abrupt pivot to electric vehicles

Canadian EV Manufacturing is accelerating with GM, Ford, and Project Arrow, integrating cross-border supply chains, battery production, rare-earths like lithium and cobalt, autonomous tech, and home charging to drive clean mobility and decarbonization.

 

Key Points

Canadian EV manufacturing spans electric and autonomous vehicles, domestic batteries, and integrated US-Canada trade.

✅ GM and Ford retool plants for EVs and autonomous production

✅ Project Arrow showcases Canadian zero-emission supply capabilities

✅ Lithium, cobalt, and battery hubs target cross-border resilience

 

The storied North American automotive industry, the ultimate showcase of Canada’s high-tensile trade ties with the United States and emerging Canada-U.S. collaboration on EVs momentum, is about to navigate a dramatic hairpin turn.

But as the Big Three veer into the all-electric, autonomous era, some Canadians want to seize the moment and take the wheel.

“There’s a long shadow between the promise and the execution, but all the pieces are there,” says Flavio Volpe, president of the Automotive Parts Manufacturers’ Association.

“We went from a marriage on the rocks to one that both partners are committed to. It could be the best second chapter ever.”

Volpe is referring specifically to GM, which announced late last month an ambitious plan to convert its entire portfolio of vehicles to an all-electric platform by 2035.

But that decision is just part of a cascading transformation across the industry, marking an EV inflection point with existential ramifications for one of the most tightly integrated cross-border manufacturing and supply-chain relationships in the world.

China is already working hard to become the “source of a new way” to power vehicles, President Joe Biden warned last week.

“We just have to step up.”

Canada has both the resources and expertise to do the same, says Volpe, whose ambitious Project Arrow concept — a homegrown zero-emissions vehicle named for the 1950s-era Avro interceptor jet — is designed to showcase exactly that, as recent EV assembly deals in Canada underscore.

“We’re going to prove to the market, we’re going to prove to the (manufacturers) around the planet, that everything that goes into your zero-emission vehicle can be made or sourced here in Canada,” he says.

“If somebody wants to bring what we did over the line and make 100,000 of them a year, I’ll hand it to them.”

GM earned the ire of Canadian auto workers in 2018 by announcing the closure of its assembly plant in Oshawa, Ont. It later resurrected the facility with a $170-million investment to retool it for autonomous vehicles.

“It was, ‘You closed Oshawa, how dare you?’ And I was one of the ‘How dare you’ people,” Volpe says.

“Well, now that they’ve reopened Oshawa, you sit there and you open your eyes to the commitment that General Motors made.”

Ford, too, has entered the fray, promising $1.8 billion to retool its sprawling landmark facility in Oakville, Ont., to build EVs.

It’s a leap of faith of sorts, considering what market experts say is ongoing consumer doubt about EVs and EV supply shortages that drive wait times.

“Range anxiety” — the persistent fear of a depleted battery at the side of the road — remains a major concern, even though it’s less of a problem than most people think.

Consulting firm Deloitte Canada, which has been tracking automotive consumer trends for more than a decade, found three-quarters of future EV buyers it surveyed planned to charge their vehicles at home overnight.

“The difference between what is a perceived issue in a consumer’s mind and what is an actual issue is actually quite negligible,” Ryan Robinson, Deloitte’s automotive research leader, says in an interview.

“It’s still an issue, full stop, and that’s something that the industry is going to have to contend with.”

So, too, is price, especially with the end of the COVID-19 pandemic still a long way off. Deloitte’s latest survey, released last month, found 45 per cent of future buyers in Canada hope to spend less than $35,000 — a tall order when most base electric-vehicle models hover between $40,000 and $45,000.

“You put all of that together and there’s still, despite the electric-car revolution hype, some major challenges that a lot of stakeholders that touch the automotive industry face,” Robinson says.

“It’s not just government, it’s not just automakers, but there are a variety of stakeholders that have a role to play in making sure that Canadians are ready to make the transition over to electric mobility.”

With protectionism no longer a dirty word in the United States and Biden promising to prioritize American workers and suppliers, the Canadian government’s job remains the same as it ever was: making sure the U.S. understands Canada’s mission-critical role in its own economic priorities.

“We’re both going to be better off on both sides of the border, as we have been in the past, if we orient ourselves toward this global competition as one force,” says Gerald Butts, vice-chairman of the political-risk consultancy Eurasia Group and a former principal secretary to Prime Minister Justin Trudeau.

“It served us extraordinarily well in the past … and I have no reason to believe it won’t serve us well in the future.”

Last month, GM announced a billion-dollar plan to build its new all-electric BrightDrop EV600 van in Ingersoll, Ont., at Canada’s first large-scale EV manufacturing plant for delivery vehicles.

That investment, Volpe says, assumes Canada will take the steps necessary to help build a homegrown battery industry — with projects such as a new Niagara-region battery plant pointing the way — drawing on the country’s rare-earth resources like lithium and cobalt that are waiting to be extracted in northern Ontario, Quebec and elsewhere.

Given that the EV industry is still in his infancy, the free market alone won’t be enough to ensure those resources can be extracted and developed, he says.

“General Motors made a billion-dollar bet on Canada because it’s going to assume that the Canadian government — this one or the next one — is going to commit” to building that business.

Such an investment would pay dividends well beyond the auto sector, considering the federal Liberal government’s commitment to lowering greenhouse gas-emissions, including a 2035 EV mandate, and meeting targets set out in the Paris climate accord.

“If you make investments in renewable energy and utility storage using battery technology, you can build an industry at scale that the auto industry can borrow,” Volpe says.

Major manufacturing, retail and office facilities would be able to use that technology to help “shave the peak” off Canada’s GHG emissions and achieve those targets, all the while paving the way for a self-sufficient electric-vehicle industry.

“You’d be investing in the exact same technology you’d use in a car.”

There’s one problem, says Robinson: the lithium-ion batteries on roads right now might not be where the industry ultimately lands.

“We’re not done with with battery technology,” Robinson says. “What you don’t want to do is invest in a technology that is that is rapidly evolving, and could potentially become obsolete going forward.”

Fuel cells — energy-efficient, hydrogen-powered units that work like batteries, but without the need for constant recharging — continue to be part of the conversation, he adds.

“The amount of investment is huge, and you want to be sure that you’re making the right decision, so you don’t find yourself behind the curve just as all that capacity is coming online.”

 

 

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RBC agrees to buy electricity from new southern Alberta solar power farm project

RBC Renewable Energy PPA supports a 39 MW Alberta solar project, with Bullfrog Power and BluEarth Renewables, advancing clean energy in a deregulated market through a long-term power purchase agreement in Canada today.

 

Key Points

A long-term power purchase agreement where RBC buys most output from a 39 MW Alberta solar project via Bullfrog Power.

✅ 39 MW solar build in County of Forty Mile, Alberta

✅ Majority of output purchased by RBC via Bullfrog Power

✅ Supports cost-competitive renewables in deregulated market

 

The Royal Bank of Canada says it is the first Canadian bank to sign a long-term renewable energy power purchase agreement, a deal that will support the development of a 39-megawatt, $70-million solar project in southern Alberta, within an energy powerhouse province.

The bank has agreed with green energy retailer Bullfrog Power to buy the majority of the electricity produced by the project, as a recent federal green electricity contract highlights growing demand, to be designed and built by BluEarth Renewables of Calgary.

The project is to provide enough power for over 6,400 homes and the panel installations will cover 120 hectares, amid a provincial renewable energy surge that could create thousands of jobs, the size of 170 soccer fields.

The solar installation is to be built in the County of Forty Mile, a hot spot for renewable power that was also chosen by Suncor Energy Inc. for its $300-million 200-MW wind power project (approved last year and then put on hold during the COVID-19 pandemic), and home to another planned wind power farm in Alberta.

BluEarth says commercial operations at its Burdett and Yellow Lake Solar Project are expected to start up in April 2021, underscoring solar power growth in the province.

READ MORE: Wind power developers upbeat about Alberta despite end of power project auctions

It says the agreement shows that renewable energy can be cost-competitive, with lower-cost solar contracts in a deregulated electricity market like Alberta’s, adding the province has some of the best solar and wind resources in Canada.

“We’re proud to be the first Canadian bank to sign a long-term renewable energy power purchase agreement, demonstrating our commitment to clean, sustainable power, as Alberta explores selling renewable energy at scale,” said Scott Foster, senior vice-president and global head of corporate real estate at RBC.

 

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ERCOT Issues RFP to Procure Capacity to Alleviate Winter Concerns

ERCOT Winter Capacity RFP seeks up to 3,000 MW through generation and demand response to bolster Texas grid reliability during peak load, leveraging Reliability Must-Run, incentive factors, and EEA risk mitigation for the 2023-24 season.

 

Key Points

An ERCOT initiative to procure 3,000 MW of generation and demand response to reduce EEA risk and improve reliability.

✅ Targets 3,000 MW from generation and demand response

✅ Uses RMR-style contracts with flexible incentive factors

✅ Aims to lower EEA probability below 10% this winter

 

The Electric Reliability Council of Texas (ERCOT) issued a request for proposals to stakeholders to procure up to 3,000 MW of generation or demand response capacity to meet load and reserve requirements during the winter 2023-24 peak load season (Dec. 1, 2023, through Feb. 29, 2024), amid ongoing Texas power grid challenges across the region.

ERCOT cited “several factors, including significant peak load growth since last winter, recent and proposed retirements of dispatchable Generation Resources, and recent extreme winter weather events, including Winter Storm Elliott in December 2022, Winter Storm Uri in February 2021, and the 2018 and 2011 winter storms, each of which resulted in abnormally high demand during winter weather.” It now seeks additional capacity under its “authority to prevent an anticipated Emergency Condition,” reflecting nationwide blackout risks identified by grid experts.

In its notice regarding the RFP, ERCOT identified a number of mothballed and recently decommissioned generation resources that may be eligible to offer capacity under the RFP. It further stated that offers must comport with the format of its “Reliability Must-Run” agreement but could include a proposed “Incentive Factor” that reflects the revenues the unit owners determine would be necessary to bring the unit back to operation. It added that the Incentive Factor is not necessarily limited to 10%. Providers of eligible demand response can submit offers based on similar principles that are not necessarily constrained by cost. The notice identifies potential acceptable sources of demand response, describes certain parameters for the kinds of demand response that are permitted to respond to the RFP, and outlines the time periods during which ERCOT must be able to deploy the demand response resources to improve electricity reliability across the system.

To meet the Dec. 1, 2023, service start date, ERCOT developed an aggressive timeline to solicit and evaluate proposals through the RFP. Responses to the RFP are due Nov. 6, 2023. ERCOT’s schedule provides that it will notify market participants that obtain awards on Nov. 23, 2023. Expect contracts to be executed by Nov. 30, 2023.

Unlike Regional Transmission Organizations in the Northeastern United States, ERCOT does not have a capacity market. Instead, ERCOT relies on a high price cap of $5,000 per MWh for its energy market (decreased from the $9,000 per MWh cap in effect during Winter Storm Uri) and an Operating Reserve Demand Curve adder that pays additional funds to generators supplying power and ancillary services, an area recently scrutinized for improper payments when supply conditions are tight. In the wake of Winter Storm Uri, some calls were made to have ERCOT adopt a capacity market for reliability reasons, and a number of legal battles continue to play out in the wake of Winter Storm Uri. (See recent McGuireWoods legal alert “Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas.”) Though a capacity market was not adopted, the Texas Legislature approved a $7.2 billion loan program, widely described as an electricity market bailout for generators, to build up to 10,000 MW of dispatchable generation. The legislature also approved a version of the Public Utility Commission of Texas’ proposal to establish a “Performance Credit Mechanism,” but with a cost cap of $1 billion.

The loss of life and economic impacts of Winter Storm Uri in 2021, along with the energy crunches and calls for conservation this past summer, are driving changes to ERCOT’s “energy-only” market, including electricity market reforms under consideration. Texas policymakers are providing multiple financial incentives to promote investment in dispatchable on-demand generation, and voters will consider funding to modernize generation measures this year to make the Texas grid more reliable and able to deal with power demand from a growing economy and increased demand for electricity driven by weather. In the meantime, ERCOT’s plan to procure 3,000 MW through this RFP process is a stopgap measure intended to bolster reliability for the upcoming winter season and lower the probability of load shed in the event of severe winter weather.

 

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Nelson, B.C. Gets Charged Up on a New EV Fast-Charging Station

Nelson DC Fast-Charging EV Station delivers 50-kilowatt DCFC service at the community complex, expanding EV infrastructure in British Columbia with FortisBC, faster than Level 2 chargers, supporting clean transportation, range confidence, and highway corridor travel.

 

Key Points

A 50 kW public DC fast charger in Nelson, BC, run by FortisBC, providing rapid EV charging at the community complex.

✅ 50 kW DCFC cuts charge time to about 30 minutes

✅ $9 per half hour session; convenient downtown location

✅ Funded by NRCan, BC government, and FortisBC

 

FortisBC and the City of Nelson celebrated the opening of Nelson's first publicly available direct current fast-charging (DCFC) electric vehicle (EV) station on Friday.

"Adopting EV's is one of many ways for individuals to reduce carbon emissions," said Mayor John Dooley, City of Nelson. "We hope that the added convenience of this fast-charging station helps grow EV adoption among our community, and we appreciate the support from FortisBC, the province and the federal government."

The new station, located at the Nelson and District Community Complex, provides a convenient and faster charge option right in the heart of the commercial district and makes Nelson more accessible for both local and out-of-town EV drivers. The 50-kilowatt station is expected to bring a compact EV from zero to 80 per cent charged in about a half an hour, as compared to the four Level-2 charging stations located in downtown Nelson that require from three to four hours. The cost for a half hour charge at the new DC fast-charging station is $9 per half hour.

This fast-charging station was made possible through a partnership between FortisBC, the City of Nelson, Nelson Hydro, the Province of British Columbia and Natural Resources Canada. As part of the partnership, the City of Nelson is providing the location and FortisBC will own and manage the station.

This is the latest of 12 fast-charging stations FortisBC has built over the last year with support from municipalities and all levels of government, and adds to the five FortisBC-owned Kootenay stations that were opened as part of the accelerate Kootenays initiative in 2018.

All 12 stations were 50 per cent funded by Natural Resources Canada, 25 per cent by BC Ministry of Energy, Mines and Petroleum Resources and the remaining 25 per cent by FortisBC. The funding is provided by Natural Resources Canada's Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative, which aims to establish a coast-to-coast network of fast-chargers along the national highway system, natural gas refueling stations along key freight corridors and hydrogen refueling stations in major metropolitan areas. It is part of the Government of Canada's more than $180-billion Investing in Canada infrastructure plan. The Government of British Columbia is also contributing $300,000 towards the fast-chargers through its Clean Energy Vehicle Public Fast Charging Program.

This station brings the total DCFC chargers FortisBC owns and operates to 17 stations across 14 communities in the southern interior. FortisBC continues to look for opportunities to expand this network as part of its 30BY30 goal of reducing emissions from its customers by 30 per cent by 2030. For more information about the FortisBC electric vehicle fast-charging network, visit: fortisbc.com/electricvehicle.

"Electric vehicles play a key role in building a cleaner future. We are pleased to work with partners like FortisBC and the City of Nelson to give Canadians greener options to drive where they need to go, " said The Honourable Seamus O'Regan, Canada's Minister of Natural Resources.

"Nelson's first public fast-charging EV station increases EV infrastructure in the city, making it easier than ever to make the switch to cleaner transportation. Along with a range of rebates and financial incentives available to EV drivers, it is now more convenient and affordable to go electric and this station is a welcome addition to our EV charging infrastructure," said Michelle Mungall, BC's Minister of Jobs, Economic Development and Competitiveness, and MLA for Nelson Creston.

"Building the necessary DC fast-charging infrastructure, such as the Lillooet fast-charging site in British Columbia, close to highways and local amenities where drivers need them most is a critical step in growing electric vehicle adoption. Collaborations like this are proving to be an effective way to achieve this, and I'd like to thank all the program partners for their commitment in opening this important station, " said Mark Warren, Director of Business Innovation, FortisBC.

 

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US judge orders PG&E to use dividends to pay for efforts to reduce wildfire risks

PG&E dividend halt for wildfire mitigation directs cash from shareholders to tree clearing, wildfire risk reduction, and probation compliance under Judge William Alsup, amid bankruptcy, Camp Fire liabilities, and power line vegetation management mandates.

 

Key Points

A court-ordered dividend halt funding vegetation clearance and wildfire mitigation as PG&E meets probation terms.

✅ Judge Alsup bars dividends until mitigation targets met

✅ 375,000 trees cleared near power lines in high-risk zones

✅ Measures tied to probation amid bankruptcy and liabilities

 

A U.S. judge said on Tuesday that PG&E may not resume paying dividends and must use the money to fund its plan for cutting down trees to reduce the risk of wildfires in California, stopping short of more costly measures he proposed earlier this year.

The new criminal probation terms for PG&E are modest compared with ones the judge had in mind in January and that PG&E said could have cost upwards of $150 billion.

The terms will, however, keep PG&E under the supervision of Judge William Alsup of the U.S. District Court for the Northern District of California and hold the company, which also is in Chapter 11 bankruptcy and whose bankruptcy plan has drawn support from wildfire victims, to its target for clearing areas around its power lines of some 375,000 trees this year.

PG&E's probation stems from its felony conviction after a deadly 2010 natural gas pipeline blast in San Bruno, California, near San Francisco, that killed eight people and injured 58 others.

PG&E filed for bankruptcy protection on Jan. 29 in anticipation of liabilities from wildfires, including a catastrophic 2018 blaze, the Camp Fire, for which PG&E later pleaded guilty to 85 counts in state court. It killed 86 people in the deadliest and most destructive wildfire in California history.

At a January hearing, Alsup, who is overseeing PG&E's probation, said he felt compelled to propose additional probation terms in the aftermath of Camp Fire. San Francisco-based PG&E expects its equipment will be found to have caused the blaze.

The probation process is separate from San Francisco-based PG&E's bankruptcy filing and from operational measures such as its pandemic response and shutoff moratorium implemented to protect customers.

As the company faces $30 billion in wildfire liabilities and bankruptcy proceedings and has opened a wildfire assistance program for affected residents, the energy company is expected to name as its new chief executive Bill Johnson, a source said on Tuesday. Johnson has been the CEO of the Tennessee Valley Authority since 2013 and is retiring on Friday.

Additional probation terms imposed by Alsup on Tuesday will require PG&E to meet goals in a wildfire mitigation plan it unveiled in February.

The goals include removing 375,000 dead, dying or hazardous trees from areas at high risk of wildfires in 2019, compared with 160,000 last year.

The judge said PG&E will not be able to pay shareholders until it complies with his new probation terms.

Shares fell 2% on Tuesday to close at $17.66 on the New York Stock Exchange and are down 63% since November 2018 due to concerns about the company's bankruptcy and wildfire liabilities, though the utility has said rates are set to stabilize in 2025 as part of its long-term plan. The shares traded as low as $5.07 in January.

PG&E in December 2017 suspended its quarterly cash dividend, while continuing to pay significant property taxes to California counties, citing uncertainty about liabilities from wildfires in October of that year that struck Northern California.

PG&E paid $798 million in dividends in 2017 and $925 million in 2016, a period in which the company did a poor job of clearing areas around its power lines of hazardous trees, according to Alsup.

Money meant for shareholders should have been spent on efforts to reduce wildfire risks in recent years, Alsup said at Tuesday's hearing.

"PG&E has started way more than its share of these fires," Alsup said.

"I want to see the people of California safe," the judge added.

Lawyers for PG&E did not contest the new terms, which the company considers more feasible than terms Alsup proposed in January.

To comply with the terms Alsup proposed in January, PG&E said it would have to remove 100 million trees. The company added that shutting power lines during high winds as Alsup proposed would not be feasible because the lines traverse rural areas to service cities and suburbs.

Idling lines could also affect the power grid in other states, PG&E said.

Alsup on Tuesday said he was still considering his proposal to require PG&E to shut down power lines during windy weather to prevent tree branches from making contact and sparking wildfires linked to power lines in the region.

 

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