This news story suggests that court verdicts expected in Pennsylvania Tuesday could lead to a bankruptcy filing by First Energy. Should we be following this?
I tend to agree that FE's closure of the Hatfields Ferry plant, and perhaps others, was an effort to blame EPA's mercury rules for the closure, when it was, in reality, poor management decisions. The mercury rules would not have required closure before 2015, so why were those plants closed in 2012.
Jim Kotcon
…
[View More]________________________________
From: johnbird(a)frontier.com <johnbird(a)frontier.com>
Sent: Monday, April 24, 2017 8:02 PM
To: James Kotcon
Subject: more first eneryg problems
Jim,
article on first energy
http://powersource.post-gazette.com/powersource/companies/2017/04/24/FirstE…
John
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Very important case, as this will set precedents here for the MVP and ACP.
Jim Kotcon
________________________________
From: stop-pipelines-wvva(a)googlegroups.com <stop-pipelines-wvva(a)googlegroups.com> on behalf of Lorne Stockman <lorne(a)priceofoil.org>
Sent: Wednesday, April 19, 2017 10:33 AM
To: Stop The Pipelines WVVA
Subject: Judge slams FERC's climate review
Judge slams FERC's climate review
Ellen M. Gilmer<https://www.eenews.net/staff/Ellen_M_Gilmer>, E&E …
[View More]News reporter
Published: Tuesday, April 18, 2017[Pipelines]
Judges have questioned the Federal Energy Regulatory Commission’s climate analysis approach for pipelines. Photo by Bilfinger SE, courtesy of Flickr.
A panel of judges grilled the Federal Energy Regulatory Commission today on its approach to studying climate impacts from natural gas pipelines.
The case before the U.S. Court of Appeals for the District of Columbia Circuit centered on a project in the Southeast, but Judge Judith Rogers spent much of today's oral arguments airing broader concerns about FERC's typical treatment of downstream greenhouse gas emissions.
"FERC just doesn't have to do its duty because it thinks someone else will," she said, responding to the agency's argument that many downstream impacts fall under the jurisdiction of other agencies.
The Sierra Club and other environmental groups filed the lawsuit last year, challenging FERC's decision to issue certificates for the Southeast Market Pipelines Project, which includes the Florida Southeast, Hillabee Expansion and Sabal Trail projects.
The groups say FERC violated the National Environmental Policy Act by failing to adequately consider downstream climate impacts and the effects on environmental justice for communities along the project's route.
Sierra Club attorney Elly Benson argued today that FERC had tools available to conduct the downstream greenhouse gas analysis — and was prodded by U.S. EPA to use them — but ultimately opted for a less-detailed approach.
"There's no reason to not engage in reasonable forecasting," she told the panel, which included Rogers, a Clinton appointee, and Judges Janice Rogers Brown and Thomas Griffith, both George W. Bush appointees.
FERC attorney Ross Fulton pushed back, noting that the agency conducted a more general downstream analysis that concluded the project would not significantly contribute to cumulative greenhouse gas impacts because power plants receiving natural gas from the pipelines were switching from coal, which emits more carbon dioxide.
"And the commission found that it could rely upon the plants being subject to federal and state air permitting processes for pertinent emissions and mitigation requirements and that these permitting bodies are best positioned to receive relevant air quality information," FERC told the court in a brief earlier this year.
Moreover, he said, the agency determined that the linkage between the pipelines and the power plants was not direct enough to merit closer FERC review, as the commission has no control over how the natural gas is used.
Brown seemed receptive to that argument, but Rogers jumped on it, noting that contracts with end-users have already been signed. "When would FERC ever have enough information and enough certainty" to look more closely at downstream greenhouse gas emissions, she asked.
She also rejected the notion that the case was analogous to other D.C. Circuit decisions that held FERC had no obligation to conduct in-depth downstream analyses because other agencies held the keys to final approval. In last year's EarthReports Inc. v. FERC, for example, the D.C. Circuit ruled that FERC was not required to consider indirect effects of increased liquefied natural gas exports from a FERC-licensed facility because the Department of Energy alone has authority to increase exports. In today's case, Rogers said, FERC has final authority over the Southeast projects.
Griffith also appeared skeptical of FERC's position, asking Fulton and counsel for industry intervenors why they were so resistant to the idea of attempting to quantify downstream emissions.
"It wouldn't have been hard to do, right, with all that information available?" he asked Fulton.
Fulton responded that "it would not have been hard to do, but it would have been hard to do in a meaningfully informative way," because it is difficult to estimate how much of the project's natural gas would be used to replace coal in power plants.
The environmental groups are asking the court to vacate the certificates and remand to FERC.
Twitter: @ellengilmer<https://twitter.com/ellengilmer> Email: egilmer(a)eenews.net<mailto:egilmer@eenews.net>
Lorne Stockman
Senior Research Analyst
Oil Change International
714 G Street SE, Suite 202
Washington, DC 20003
P: 1 540 679 1097
W: priceofoil.org<http://www.priceofoil.org/>
FB: /priceofoil<http://www.facebook.com/priceofoil>
T: @priceofoil<https://twitter.com/priceofoil> -- @LorneStockman<https://twitter.com/LorneStockman>
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Very important story on the on-going appeal of the Clean Power Plan. Click the link to read the Environmental Intervenors" brief.
Thank you Duane for posting this.
Jim Kotcon
________________________________
From: MVCAC <mvcac-bounces(a)osenergy.org> on behalf of Duane via MVCAC <mvcac(a)osenergy.org>
Sent: Sunday, April 9, 2017 12:11 AM
To: MVCAC(a)osenergy.org
Subject: [MVCAC] EPA Should Not Be Allowed to Dodge Clean Power Plan Ruling, Cities and States Tell Court | …
[View More]InsideClimate News
https://insideclimatenews.org/news/06042017/epa-clean-power-plan-donald-tru…
[http://insideclimatenews.org/sites/default/files/DonaldTrump7GettyImages.jpg]<https://insideclimatenews.org/news/06042017/epa-clean-power-plan-donald-tru…>
EPA should not be allowed to dodge clean power plan ruling, cities and states tell court<https://insideclimatenews.org/news/06042017/epa-clean-power-plan-donald-tru…>
insideclimatenews.org
Coalition of states, cities and green groups urges D.C. Court of Appeals to reject Trump administration request to stall decision on cornerstone climate regulations.
EPA Should Not Be Allowed to Dodge Clean Power Plan Ruling, Cities and States Tell Court
Coalition of states, cities and green groups urges D.C. Court of Appeals to reject Trump administration request to stall decision on cornerstone climate regulations.
By John Cushman, Inside Climate News, April 6, 2017
The Trump Administration is seeking to dismantle the Clean Power Plan, the centerpiece of the Obama Administration's climate policies.
A coalition of states, cities and environmental groups filed twin briefs on Wednesday accusing the Environmental Protection Agency of trying to "perpetually dodge" court decisions that could keep alive the Clean Power Plan<https://insideclimatenews.org/tags/clean-power-plan>, which the Trump Administration wants to dismantle.
They urged the United States Court of Appeals for the District of Columbia Circuit to reject the administration's new petition to put the Clean Power Plan<https://insideclimatenews.org/news/29032017/clean-power-plan-climate-change…>, the centerpiece of the Obama Administration's climate policies, into an indefinite state of limbo, while the EPA<https://insideclimatenews.org/topic/epa> sends the rule back to the drawing board.
The appeals court heard oral arguments in the case months ago and should be ready to rule at any time. A quick ruling could, within a year, put the regulations on the docket of the Supreme Court, which issued a stay in 2016.
The tussle over how to proceed now that President Donald Trump<https://insideclimatenews.org/tags/donald-trump> has ordered the EPA to review the Clean Power Plan<https://insideclimatenews.org/news/28032017/trump-executive-order-climate-c…> suggests that those who favor the rule are more eager for an appeals court verdict than those who oppose it.
A prolonged delay would "concretely harm" people living in their states, the brief said<https://www.edf.org/sites/default/files/content/2017.04.05_states_opp_to_ab…>—"many of whom have sought for more than a decade to compel EPA to regulate carbon dioxide emissions from power plants."
The brief even made a veiled threat that if the courts ultimately rule that states have no recourse under the Clean Air Act to regulate CO2, they might fall back on a tactic that worked for them in the past: suing polluters under common law for the "nuisance" of intense storms, rising seas and damage to public health.
That was a reference to an earlier lawsuit, Connecticut v. American Electric Power, which was tossed out when the Supreme Court ruled that the Clean Air Act pre-empted common law.
The brief noted that it's not clear how the EPA could even conduct a thorough review of the Clean Power Plan under Trump's latest budget proposals. Recently leaked draft documents<https://insideclimatenews.org/news/03042017/donald-trump-environmental-prot…> describe deep cuts to staff working on climate change, including the score of lawyers working on the Clean Power Plan for the agency's general counsel.
In a companion brief<https://www.edf.org/sites/default/files/content/2017.04.05_ngo_opp_to_abeya…>, several environmental groups made similar complaints. The Trump team's motion to put the case in abeyance, they wrote, is an atttempt "to do what it could not do otherwise: effectively and indefinitely suspend a duly promulgated rule without proposing, taking comment on, justifying, or defending in court any legal or factual premises that might support such a result."
The briefs cited extensive precedents for rejecting the Trump argument. But one might carry particular weight: a ruling on April 3, when the Supreme Court itself rejected a comparable request for an abeyance on a different rule, under the Clean Water Act.
"An order mothballing this case would leave our millions of members with no federal protections in place from this dangerous pollution with long-term impacts," the green groups pleaded. "Moreover, the combination of the judicial stay and abeyance would leave scant incentive for EPA to act."
Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net<http://www.FrackCheckWV.net>
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First Energy announced, April 5, the sale of 33 acres and the two cooling towers at the Hatfields Ferry power plant for $40 million to APV Renaissance Partners of New Jersey. APV announced plans to build a 1000 MW gas-fired power plant at the site.
http://www.observer-reporter.com/20170405/company_reveals_plans_for_natural…http://www.bizjournals.com/pittsburgh/prnewswire/press_releases/Pennsylvani…
I suspect that, if the cooling towers are gone, FE will not be re-opening Hatfields …
[View More]Ferry for coal. But Allegheny Energy had spent $650 million for scrubbers in 2009, then closed the plant in 2013, so we ratepayers will still be paying off those scrubbers for years to come! There had been rumors that FE would re-start the plant, but it appears that additional mercury controls would be needed, and those would not be cost-effective.
Jim Kotcon
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Who'd a thunk it!
JBK
Remaining in the global deal to combat climate change will give U.S. negotiators a chance to advocate for coal in the future of the global energy mix, coal companies like Cloud Peak Energy Inc and Peabody Energy Corp told White House officials over the past few weeks, according to executives and a U.S. official familiar with the discussions.
"The future is foreign markets, so the last thing you want to do if you are a coal company is to give up a U.S. seat in the …
[View More]international climate discussions and let the Europeans control the agenda," said the official, who asked not to be named because he was not authorized to speak publicly on the issue.
See full story at:
https://www.yahoo.com/news/u-coal-companies-ask-trump-stick-paris-climate-2…
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Interesting article from John. This will have implications for the Pleasants transfer.
Comments from Cathy Kunkel at last week's event in Morgantown. Although FE is projecting a "Capacity shortfall", PJM apparently does not. It would be helpful to understand the source of that, but I did not get a chance to talk to Cathy about the technical details.
Second comment, at a recent talk to the Morgantown Rotary Club, one audience member (with strong gas industry connections) insisted that …
[View More]more gas pipelines and power plants were needed to maintain grid reliability because renewables were "intermittent" and could not be relied upon without keeping a series of backup gas plants running. I replied that (based on EPA's Clean Power Plan analysis last year) America already has enough gas plants, and that additional investments in infrastructure were not needed. But we will likely need better sources than that to back up our assertions.
Any advice?
Jim Kotcon
________________________________
From: johnbird(a)frontier.com <johnbird(a)frontier.com>
Sent: Sunday, April 2, 2017 11:56 PM
To: James Kotcon
Subject: PJM
Jim
Some information on the PJM study.
John
https://www.greentechmedia.com/articles/read/mid-atlantic-grid-can-stay-rel…
[https://www.greentechmedia.com/assets/content/cache/made/content/images/art…]<https://www.greentechmedia.com/articles/read/mid-atlantic-grid-can-stay-rel…>
Mid-Atlantic Grid Can Lose Coal and Nuclear, and Remain Reliable With Natural Gas and Renewables<https://www.greentechmedia.com/articles/read/mid-atlantic-grid-can-stay-rel…>
www.greentechmedia.com
PJM’s study does set boundaries for wind and solar penetration, but maintains that a mix of resources can keep the future grid stable.
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Anybody seen or heard anything about this one?
JBK
________________________________
From: Betty Wiley <betty.w304(a)gmail.com>
Sent: Wednesday, March 8, 2017 8:46 AM
To: Potomac Water Watch; bpallay(a)comcast.net; brian_bliss(a)hotmail.com; ceh65471(a)windstream.net; meg daniels; curtis.n.meeder(a)usace.army.mil; dhopey(a)post-gazette.com; ed.presley(a)hotmail.com; ejdennis(a)hotmail.com; fredam999(a)gmail.com; GCWA Admin; kathleen martincic; James Kotcon; Jim O'Connell; keith.…
[View More]breitenstein(a)gmail.com; Leo Edmiston-Cyr; mgodby303(a)aol.com; sck(a)andrew.cmu.edu; shellyangel2005(a)yahoo.com; Wallace Venable; woodswoman49(a)hotmail.com; Adam Webster; andrew & vanessa price; andrew sandy liebhold; Ann Payne; Bob Niedbala; Brad. Durst; Brent Bailey; Carol Nix; charlotte wright; collier; Dana Dudra; Deborah Ludwig; diane bozic; Donald Strimbeck; Craig Mains; Duane330(a)aol.com; Eb Werner; Frank Borsuk; Friends of Deckers Creek; Funka Petery, Susan - Lemont Furnace, PA; George Street; jeff and kathy fedan; jfd22(a)juno.com; Jim Sconyers; Joseph Donovan; John Harshbarger; john yesenosky; Julieann F. Wozniak; Linda Tennant; Lyokochi; Madonna Maroulis; Margaret WV; Martin Christ; Melinda Wiley; michael blackburn; Mountaineers RalwaysFree; paul and fran baker; Paul Ziemkiewicz; Margaret Pings; Pete Zapadka; petra and john wood; ralph jannini from Jim O'Connell; Rick W. Buckley; robert vagnetti; Rosemary; Tim Craddock; tomyv1(a)hotmail.com; Warren1; Wendy Clayton; Zane Shuck
Subject: update Mar 8
att
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Ned Ford is a long-time Sierra energy expert in Ohio. He is the kind of
guy whose quantitative energy analyses make me look petty and shallow by
comparison.
Key take-home message:
Coal-fired generation dropped 8.5 % in 2016, compared to 2015. Gas-fired
generation replaced less than half of the losses in coal. Renewables and
energy efficiency accounted for the majority of the loss in coal-fired
generation.
So when the industry tries to tell you that it is gas that is displacing
coal, the …
[View More]data show that it is actually Clean Energy that is winning!
Jim Kotcon
---------- Forwarded message ----------
From: Ned Ford <Ned.Ford(a)fuse.net>
Date: Thu, Mar 2, 2017 at 9:36 PM
Subject: [GW-ACT-LEADERS] 2016 U.S. Electricity
To: CONS-SPST-GLOBALWARM-CHAIRS(a)lists.sierraclub.org
Hi Folks,
Here are some preliminary numbers for 2016. EIA just released these last
Friday, so they are very fresh, although a few people have seen some of
this coming by watching the monthly reports.
U.S. coal generation fell from 33.18% of total generation to 30.4% of
generation. That's an 8.5% reduction in coal use.
Natural gas generation rose from 32.66% of total generation to 33.84%.
Natural gas is officially the largest source of electric generation in the
U.S.
Note that the increase of natural gas was only 42.51% of the decrease of
coal. Wind and solar made up most of the difference. Efficiency caused
the rest of the decrease and more, as follows.
Wind increased from 4.67% of total generation to 5.55%.
Solar increased from 0.94% of total generation to 1.38%. EIA started
estimating the amount of distributed (behind-the-meter) generation in the
U.S. three years ago, but this estimate is utility-scale solar only. The
two previous years where EIA estimated distributed solar varied a lot, so
I'm happy to guess that total solar is about 35% larger than this reported
value, but don't anyone quote that. They reported their estimate for 2016,
but I haven't taken the time to find it and plug it into my spreadsheet.
Efficiency is impossible to measure accurately. It is much large than most
people think. My approach pegs U.S. electric utility efficiency at a rate
of new savings of about 1.7% in 2016. But that obscures the fact that what
actually happened in 2016 was that cumulative efficiency programs and
efficiency standards eliminated something more than ten percent of total
electricity consumption which would have happened without the efficiency.
In other words, efficiency has eliminated all new growth since the Great
Recession. It has also saved several tens of billions of dollars per
year. U.S. electricity spending in 2016 was $381 billion (down $10 billion
from 2015). It is also impossible to know exactly how much growth would
have happened without the efficiency, but it is a safe bet that that $10
billion in savings was due to efficiency. Without efficiency there would
probably have been more growth, and the savings are probably larger.
To accurately estimate efficiency savings you must decide on a start year.
Or you can do as I have done here, and estimate savings for a single year -
somewhere between $38 billion and perhaps $48 billion.
Skip Laitner testified to Congress in 2006 or 2007 that efficiency had
added 77% of all new capacity to U.S. energy from 1970 to 2005. That is
all fuels, and includes the substantial savings caused by the CAFE
standards. But it also gives a sense of the power and importance of
efficiency.
I can get into details of all of this, but I find that there is very little
interest in the fine grained info. I encourage anyone who is interested in
solving climate change to contact me for updated information about our
efficiency programs in Ohio. They are hardly the strongest in the nation,
but we have eliminated over 8% of utility carbon in seven years as of the
end of 2015. I'm going to update the Ohio numbers after I post this
message. Our Ohio programs have created about $10 billion in savings, $6
billion of which have been realized and $4 billion of which are assured by
installed hardware with remaining useful life. Most states don't produce
the sort of data which is necessary to do this sort of calculation
accurately, so the Ohio experience is important in that it is an example of
how powerful efficiency is, and how much money it saves.
- Ned
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