SPP Western Markets Briefs: April 23, 2020

SPP’s effort to stand up the Western Energy Imbalance Service market is on budget and on schedule, the grid operator’s staff told the Western Markets Executive Committee last week.

“It’s going to take all of us to make that happen,” SPP’s David Kelley, director of seams and market design, told the WMEC during a conference call Thursday. “Understand when we’re pushing you and you’re pushing us, it’s to keep us marching to the same objective, and that’s to get the market up and running.”

SPP plans to begin operating the WEIS in February 2021. Modeled on the Energy Imbalance Market the RTO operated from 2007 to 2014, the WEIS has attracted eight participants. (See SPP Board OKs $9.5M to Build Western EIS Market.)

SPP Western Markets
SPP’s legacy and WEIS footprints | SPP

Kelley said that while the overall market development project’s status is yellow because some tasks are behind schedule, the project’s end date is “not in jeopardy.”

“We’ve been able to make up lots of lost ground we had early in the project,” Kelley said. “I’m still comfortable with where we are. The delays in some of the tasks won’t affect the overall health of the program.”

SPP staff are currently testing the first markets release from its vendor and have taken delivery of two key software systems. They are also preparing for various system tests, with market trials scheduled for the month of October. Parallel operations are scheduled to begin Dec. 10.

Kelley said SPP has yet to fill five of the 13 positions necessary to run a Western markets desk in its operations center because the RTO’s two control rooms have been “basically” locked down during the COVID-19 pandemic to protect the operators, he said.

“We have ample time to get the desk stood up and tested,” Kelley said.

The pandemic has also caused a change in training WEIS participants. SPP originally planned for in-person training in July but has now shifted to virtual, instructor-led classes.

FERC Finds SPP’s WEIS Tariff Deficient

FERC on April 20 issued a letter notifying SPP that its proposed WEIS Tariff, Western joint dispatch agreements and WMEC charter are deficient and requested additional information for the filings (ER20-1059, ER20-1060).

The commission asked for a response to 12 different categories by June 4, throwing into doubt SPP’s original requested effective date of May 21. The RTO filed the Tariff and other documents in February.

SPP Western Markets
The Rocky Mountains loom large in SPP’s WEIS footprint. | Rocky Mountain National Park

FERC asked SPP to break down the six categories of costs included in both its projected $9.5 million implementation costs and its ongoing administrative costs to be recovered through the WEIS rate. The RTO has proposed a WEIS rate of 22 cents/MWh of net energy for load, based on an estimated annual $5 million operating cost. That number includes the annualized payback of implementation costs.

FERC also asked SPP to explain why using its Integrated Marketplace market power mitigation thresholds are appropriate for the WEIS. The RTO said the market will be subject to market power monitoring and mitigation performed by its Market Monitoring Unit.

The proposed Tariff includes provisions for demand response and notes that aggregators of retail customers “shall be treated comparably to other market participants offering resources.” FERC said there was no mention of compensation for DR resources and asked the RTO to clarify whether those resources would be compensated at LMP like other participants; “if not, please explain how they will be compensated and why.”

PJM MRC Preview: April 30, 2020

Below is a summary of the issues scheduled to be brought to a vote at the PJM Markets and Reliability Committee meeting on Thursday. The Members Committee will next meet May 4.

Each item is listed by agenda number, description and projected time of discussion, followed by a summary of the issue and links to prior coverage in RTO Insider.

RTO Insider will be covering the discussions and votes. See next Tuesday’s newsletter for a full report.

Consent Agenda (9:05-9:10)

Members will be asked to approve the following revisions to the PJM Tariff and other documents:

B. Administrative revisions to the PJM Tariff, Operating Agreement and Reliability Assurance Agreement as recommended by the Governing Document Enhancement & Clarification Subcommittee.

1. Hybrid Resources Issue Charge (9:10-9:35)

PJM will seek approval of an issue charge to create a new senior task force to clarify how existing rules for intermittent and energy storage resources would apply to inverter-based solar-battery hybrids. Some stakeholders at the March 26 MRC meeting questioned why some areas of hybrid resources are being considered out of scope for the proposed task force, including PJM’s compliance with FERC Order 845. (See PJM MRC Moves Forward on Storage, Hybrids.)

CISA Releases Pandemic Guidelines for Control Centers

The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) has provided a list of guidelines for safely operating control centers during the COVID-19 pandemic.

The Operations Centers and Control Rooms Guide for Pandemic Response applies to “operations centers and control rooms across the 16 critical infrastructure sectors required to operate in a pandemic environment.” As defined by CISA in its Guidance on Essential Critical Infrastructure Workers, these sectors include the electricity, natural gas, petroleum and other energy-related industries; health care and public health; law enforcement and other first responders; transportation and logistics; and water, among others.

“Operations centers and control rooms often operate 24/7, depend on unique equipment, and require specially trained staff who are difficult to replace,” CISA said. “As a result, specialized equipment and long lead times required to train personnel mean there is a higher risk to sustaining reliable operations.”

CISA Pandemic Guidelines
PPL’s control room | Barco

Recommendations in the guidelines cover preventive measures to keep workers and equipment from coming in contact with the coronavirus; mitigating actions when exposure has occurred; and coordination with federal, state and other authorities to prioritize testing and arrange for free movement of essential personnel during periods of travel restrictions. The measures are advisory and “should not be considered a federal directive.” Owners and operators are also advised to tailor their approaches based on industry and site-specific needs.

COVID-19 Mitigation to Continue

CISA’s guidelines complement the ongoing actions by NERC and the broader electric industry to mitigate the impact of COVID-19. In a recent report, NERC noted that while there are “no specific threats or degradations” to the operation of the bulk power system at this time, utilities must be prepared “to operate with a significantly smaller workforce, an encumbered supply chain and limited support services” as a result of the outbreak. Cybersecurity and shortages of protective equipment are also significant concerns. (See PPE, Testing Top Coronavirus Concerns for NERC.)

Since issuing a Align Tool Set for 2021 Rollout.) NERC has either canceled all external meetings through June or converted them to conference calls.

Along with these actions, NERC also obtained permission from FERC Agrees to Defer Standards Implementation.)

NERC has signaled that it will continue its pandemic response even as state governments begin taking steps to end shelter-in-place orders in hopes of restarting their economies. On Friday, the organization announced it would extend its suspension of on-site activities, including audits and certifications, through Sept. 7. FERC and NERC announced the suspension — originally scheduled to end July 31 — in March, along with other regulatory relief measures. (See FERC, NERC Relax Compliance in Light of COVID-19.)

“The ERO Enterprise recognizes that there are significant uncertainties regarding the duration of the outbreak and the subsequent recovery and will continue to evaluate the circumstances to determine when on-site activities may resume safely or whether additional regulatory relief is necessary,” NERC said. “In the interim, the regional entities are actively involved in remote oversight activities and are experimenting with innovative approaches … to continue assuring the reliability and security of the bulk power system.”

Utilities Alarmed as FCC Opens 6 GHz Band to Wi-Fi

The Federal Communications Commission on Thursday agreed to open a portion of the 6-GHz band for unlicensed use over the objections of utilities, which fear their communications in the spectrum could be disrupted.

The FCC said its ruling “will usher in Wi-Fi 6, the next generation of Wi-Fi, and play a major role in the growth of the Internet of Things,” noting Wi-Fi 6 will be more than two-and-a-half times faster than the current standard. It said it will nearly quintuple the amount of spectrum available for Wi-Fi and improve rural connectivity (Docket 18-295).

But the Utilities Technology Council blasted the move, saying the FCC had failed to balance protection of critical communications in its desire to be innovative.

“Opening the 6-GHz band can be done in such a way that can both unleash the new innovations the FCC and others hope for while also protecting the CII [critical-infrastructure industries] systems already in the band. Doing so would take time, additional study and stronger protections for incumbent systems,” the UTC said in a statement. “Today, the FCC appears to have decided on taking a much riskier approach that does not control low-power indoor operations using AFC [automated frequency coordination systems]. Nor does the FCC order provide additional testing to prevent interference from occurring or enforcement processes to resolve interference that does occur.”

“While we support the goal of using spectrum more efficiently, today’s decision by the FCC means there will be no field testing or AFC mechanism in place to protect incumbent users from interference by indoor low-power devices,” said Phil Moeller, the Edison Electric Institute’s executive vice president for business operations and regulatory affairs. “EEI’s member companies remain committed to providing their customers with reliable and secure energy, and we will carefully monitor the band for interference to prevent any significant impacts to mission-critical communications systems.”

Electric utilities use the 6-GHz band for point-to-point microwave links providing communications with substations, fault sensors, two-way meters and service crews. It is also used to provide situational awareness in rural areas where wired networks are not available. Other critical infrastructure such as police and fire dispatch, railroads, and natural gas and oil pipelines also use the spectrum. (See Utilities Warn of Encroachment on Communications Band.)

FCC Wi-Fi
A point-to-point microwave receiver “views” a region of about 37 kilometers by 6.5 kilometers. Given the population density of a city like Houston, such a receiver could face potential interference from more than 62,000 unlicensed Wi-Fi access points, according to a study conducted for utilities. | Roberson and Associates

The commission authorized indoor low-power operations over the full 1,200 MHz (5.925–7.125 GHz) and standard-power devices in 850 MHz of the 6-GHz band.

The FCC also issued a Further Notice of Proposed Rulemaking seeking comment on permitting very low-power devices to operate across the 6-GHz band to support high data rate applications such as wearable augmented-reality and virtual-reality devices. The notice also seeks comment on increasing the power at which low-power indoor access points can operate.

The commission said its order was critical to realizing its goal of “making broadband connectivity available to all Americans, especially those in rural and underserved areas.”

FCC Chairman Ajit Pai noted in a statement the importance of Wi-Fi during the COVID-19 pandemic.

“Sheltering in place would be a lot more difficult without Wi-Fi,” he said. “Of course, even before anyone had heard of COVID-19, Wi-Fi already carried more than half of the Internet’s traffic, and offloading mobile data traffic to Wi-Fi was vital to keeping our cellular networks from being overwhelmed. In a very real sense, Wi-Fi is the fabric that binds together all our digital devices.”

[NOTE: The commission’s order had not been posted as of press time Thursday evening.]

The FCC insists the AFC system will prevent standard power access points from operating where they could cause interference to existing services. But utilities say AFC — which uses a “database lookup scheme” to ensure that unlicensed users are not encroaching on an existing user’s priority access to the frequency in a specific area — should be required for low-power devices also.

‘Real-world’ Study

UTC, EEI, the American Gas Association, the American Public Power Association and the National Rural Electric Cooperative Association submitted a study to the FCC in January that looked at the impact of the proposed rule on 520 microwave sites and 2,325 point-to-point communications receivers in the nine-county Houston Metropolitan Statistical Area, chosen because its flat terrain simplified “propagation path loss issues.”

“The analysis clearly demonstrates that allowing unlicensed devices to operate in the 6-GHz band will render fixed point-to-point communications receivers serving critical infrastructure in [the] Houston MSA unreliable and unable to meet minimal performance objectives, specifically geographic coverage (i.e., long links), high bit rates, low latency and high reliability,” said the study, which was conducted by Roberson and Associates, a technology and management consulting company.

FCC Wi-Fi
A study conducted for EEI, APPA and NRECA concluded that automated frequency coordination systems cannot control interference from indoor RLANs in central Houston without “degenerating to complete exclusion of the entire U-NII-5 and U-NII-7” sub-bands, which make up most of the 6-GHz band. | Roberson and Associates

Utilities use the 6-GHz band because it allows microwave networks with multiple links to cover large areas with very low latency time delays, high bit rates and high reliability, with resilience to “rain fading.”

“Given the critical nature of the communications carried on the 6-GHz band, the public safety and CII networks operating in this band are built to extremely high standards of reliability — 99.999% or 99.9999% availability. These networks must also transmit with extremely low levels of latency — 20 milliseconds or less of roundtrip delay from one point to another over long distances. No other band has sufficient bandwidth with all key characteristics (large geographical distances, low latency time delays, high bit rates, high reliability) to permit reliable operations in large, dense metropolitan networks such as Houston,” the study said.

Millions, Billions

EEI noted in an April 15 letter to the FCC that “unlicensed advocates themselves predict the deployment and operation of millions if not billions of unlicensed devices in the band. The combination of this vast number of devices, the bandwidth of their operation, the duty cycle of their transmissions and that most will not be identifiable or controllable after sale make harmful interference a virtual certainty.”

Such interference, EEI said, “can lead to power outages, wildfires and other potential disasters.”

The Houston metropolitan area has 520 point-to-point microwave sites in the U-NII-5 and U-NII-7 sub-bands. | Roberson and Associates

It said the commission should form a stakeholder group including utilities to respond to interference and that AFC should be more widely required.

But even AFC is not a panacea, the utilities’ study said. “AFC cannot control interference from indoor RLANs [radio local area networks] in central Houston without degenerating to complete exclusion of the entire U-NII-5 and U-NII-7” sub-bands, which comprises most of the 6-GHz band.

RAS Balancing COVID-19 Impacts in Reliability Report

The team working on NERC’s 2020 Summer Reliability Assessment still expects the draft report to be ready for review by the Operating and Planning committees on May 1, even as it works to incorporate the disruptive impact of the COVID-19 pandemic into its projections.

“Everything is driving toward a June 1 release of the report,” said Mark Olson, NERC senior engineer, in this week’s conference call of the Reliability Assessment Subcommittee (RAS). “We wouldn’t want to go a whole lot later, but if necessary, I think we could look to do that, if we feel there are some updates that will be missing if we don’t change it.”

The RAS will also provide the draft report to the new Reliability and Security Technical Committee for review at the same time it goes to the PC and OC.

COVID-19 Complicates Drafting Efforts

RAS COVID-19 Reliability
Mark Olson, NERC | © ERO Insider

Discussing the challenges of this year’s report, Olson told the subcommittee that nearly all of the assessment’s key findings have been affected by the pandemic in some way. Indeed, one goal for the drafting team has been to keep discussion of the coronavirus from overwhelming the report.

The most obvious impact is the investments by registered entities in protective equipment for critical employees, along with revised operating guidelines to allow for separation and sequestration of workers that could cause efficiency to drop. But additional direct and indirect shocks are expected to ripple through the ERO ecosystem, including disruptions to fuel supply chains, restrictions on movement of personnel needed for critical maintenance efforts and reduced ability to provide mutual aid in the upcoming hurricane season.

“One area that I believe the ERO and the trades are interested in is pushing the priority … of being a critical infrastructure and critical work force,” Olson said. “We should have access to … priority for testing, priority for [personal protective equipment] and priority for people movement. Those are the kind of things that I would think belong up here.”

Team Urged to Focus on Priorities

RAS members acknowledged that the pandemic will likely continue through the period covered by the assessment and warned against “burying the lede” of a major ongoing crisis. However, they also noted that the reliability assessment is intended to provide an overall look at all reliability issues, and there is no reason for a single topic to crowd out all other upcoming issues — especially because NERC has multiple channels for disseminating coronavirus-related news.

At the same time, staff noted that even without dwelling on specific COVID-19 responses in the assessment, the impact will inevitably be pervasive. For example, many of the projections in the assessment were created prior to the outbreak and contain assumptions based on previous years. These can be redrawn to indicate the impact of the pandemic, but members urged the team to emphasize the difficulty of predicting customer behavior in such extreme circumstances with limited data.

“You have some indication from Italy and [Electric Power Research Institute] studies based on March, maybe — you see some drop in the load and the load shapes have changed,” said Phil Fedora of Northeast Power Coordinating Council. “But nobody really knows what’s going to happen this summer if you have hot, humid weather, which is still one of the biggest drivers for what causes the load forecast to be higher than you would expect it to be.”

Other participants agreed that the assessment must acknowledge the difficulty of making predictions in the current climate. Readers will be better served by a report that warns them of the dangers ahead — including the inability to know for sure what is coming next.

“You can flip on the news these days and states in the U.S. are arguing what is the proper time to open up … [but] also you hear states that are opening up early are now at risk of a second wave of the coronavirus,” said Andreas Klaube of NPCC. “So there’s a lot of uncertainty — and I think that can’t be underestimated — that drives a lot of the uncertainty that we’re facing here, and things can change week by week or even by the day. Highlighting that regulatory and government uncertainty might be prudent to add here.”

MISO Extends COVID-19 Measures

MISO will extend its COVID-19 response measures of holding virtual stakeholder meetings and restricting access to control rooms to at least June 1, RTO executives announced Tuesday.

Additionally, the next quarterly MISO Board Week — originally scheduled for June 16-18 in Milwaukee — will also take place via teleconference. The RTO’s Advisory Committee is currently looking for ways to improve experiences during teleconferences and afford all stakeholders an opportunity to speak.

“What happens after June 1 is currently under discussion,” Vice President of System Planning Jennifer Curran said during an Informational Forum conference call.

The pandemic “hasn’t distracted us from reliable operations,” Curran added.

“The last time we held an Informational Forum, we were just learning about COVID-19,” CEO John Bear said, adding that no one in January could have anticipated how much the coronavirus would impact business operations and individuals’ lives.

Bear said day-ahead load forecasts remain difficult to pin down and that MISO is evaluating the possible impacts of continued outage deferrals. (See COVID-19 Transforming MISO Load, Outage Schedules.) Utilities have so far shifted about 18 GW of generation outages to later dates in response to the pandemic.

MISO has also explored the possibility of sequestering its essential control room employees to protect their health.

“We’ve decided not to sequester at this time,” Curran said, adding that the RTO relied on risk analyses from epidemiologists in deciding against that measure for the time being.

MISO began physical separation of its staff on March 9, with all non-control room staff working virtually.

Curran said it’s difficult to predict when employees will be able to return to on-site work, adding that it would undoubtedly occur “in phases” and depend on the availability of testing. She said MISO’s return to normal business operations involves “risks and tradeoffs.”

MISO COVID-19
MISO March load and price comparisons | MISO

“I think the new normal will look different than the old normal,” Curran said.

With most of MISO’s 15 states under lockdown orders, load is down about 10% relative to historically normal conditions. Eleven states in the footprint are currently under explicit lockdown orders, compared with eight at the end of March.

MISO in late March began seeing loads down about 7% compared to normal conditions, Executive Director of Market Operations and Resource Adequacy Shawn McFarlane said.

“The past two weeks have been pretty close to 10%. We may have bottomed out depending on further developments,” McFarlane said. “I feel like we’re in a steady state unless something else changes.”

MISO experienced an 80-GW peak in March, down 18 GW from 2019. It has said that some of the load decline can be attributed to higher temperatures this year.

Energy prices in March fell more sharply than load, with real-time LMPs averaging $18/MWh for the month compared with $26/MWh a year earlier. MISO said the more than 30% drop can be chalked up to falling natural gas prices and reduced load stemming from the stay-at-home orders.

MISO Now Displaying Self-commitment Data

MISO has begun publicly displaying information about must-run resources in response to concerns about self-commitment of coal plants, a practice that some in the industry criticize as expensive and inefficient. (See Enviros, States Question Coal Self-commitments.)

The RTO has added self-commitment data to its monthly operations reports, including both monthly and 13-month charts to presentations.

MISO executives said the data were requested by stakeholders and will be broken down by category: economically committed and economically dispatched by the RTO; self-committed and economically dispatched; and self-committed and non-economically dispatched.

In March, MISO reported 14 TWh of economically committed and economically dispatched self-committed coal and gas generation; 17 TWh of self-committed and economically dispatched generation; and 12 TWh of self-committed and non-economically dispatched generation.

Independent Market Monitor David Patton said his group continues to evaluate must-run patterns of behavior in MISO, though he’s not “nearly as concerned as others” about the issue. He said MISO resources “are being offered economically more often and more frequently not being scheduled day-ahead.”

Patton said must-run designations are being used less frequently. When they are used, it’s to prevent units from cycling uneconomically.

“It’s rational not to give MISO the opportunity to shut them down when their cycle is eight to nine days,” Patton told executives and stakeholders in March during a winter operations review.

“I think the concern that has jumped up recently is disproportionate compared to what it is. … We don’t see the same concern as we monitor the operation of these units,” Patton said.

A few years ago, coal resources provided more than half of all MISO’s energy, compared with about a third today. Patton said coal resources tend to set prices at night, while natural gas resources set them during the day.

PG&E CEO Johnson Says He’ll Step Down

PG&E Corp. CEO Bill Johnson announced Wednesday he would retire at the end of June, by which time the utility is hoping to exit bankruptcy.

The news came after most of the major obstacles to PG&E’s Chapter 11 reorganization plan appeared to have fallen by the wayside. The only significant issue the utility faces now is how tens of thousands of wildfire victims will vote on its restructuring proposal.

PG&E Bill Johnson
PG&E CEO Bill Johnson testifies before the U.S. House of Representatives’ Committee on Energy and Commerce on Jan. 28.

“I joined PG&E to help get the company out of bankruptcy and stabilize operations. By the end of June, I expect that both of these goals will have been met,” Johnson, 66, said in a news release. “As we look to PG&E’s next chapter, this great company should be led by someone who has the time and career trajectory ahead of them to ensure that it fulfills its promise to reimagine itself as a new utility and deliver the safe and reliable service that its customers and communities expect and deserve.”

The utility said Bill Smith, a retired AT&T executive and current PG&E board member, will serve as interim CEO after Johnson’s departure and until a new chief executive is appointed.

Andrew Vesey, CEO of Pacific Gas and Electric, the primary utility subsidiary of PG&E, will continue in his role, PG&E said.

“Mr. Johnson’s resignation … does not involve any disagreement on any matter relating to PG&E Corp.’s or the utility’s operations, policies or practices,” the company said in a filing Wednesday with the U.S. Securities and Exchange Commission.

Johnson’s Tenure

Johnson, the former head of the Tennessee Valley Authority, joined PG&E on May 1, 2019, with a mandate to lead the company out of the bankruptcy it had entered 15 weeks before. He replaced former CEO Geisha Williams, who led the company during the worst of its fires and stepped down in January 2019.

Johnson served for six years as head of TVA, the federally owned electricity supplier in the Southeastern U.S. He was previously president of Progress Energy, which merged with Duke Energy in 2012. Johnson served as CEO of Duke for less than a day before leaving with a $44 million severance package, according to news reports at the time.

His compensation at PG&E has included a $2.5 million base salary, a one-time transition payment of $3 million and an annual equity award with a target of $3.5 million.

He also received performance-based stock options that could become valuable if PG&E’s stock price increases to more than $25/share in the next four years, according to PG&E’s 2019 proxy statement filed with the SEC. If PG&E stock were to return to its prior worth of roughly $47 to $70/share, he could make tens of millions of dollars by exercising his options.

PG&E also said Wednesday it would release its first-quarter earnings report on May 1 before the market opens and will host an earnings call with financial analysts.

PG&E Bill Johnson
Public safety power shutoffs were a major source of controversy for PG&E in 2019 during Johnson’s tenure. | PG&E

The company’s stock has been on a roller coaster since Johnson took the reins, based largely on news of how PG&E was faring in its fight to exit bankruptcy.

The stock fell as low as $5/share on Oct. 25, 2019, as a wildfire its equipment was suspected of starting burned through Sonoma County wine country, and the company instituted massive blackouts throughout Northern and Central California to prevent additional fires. Johnson bore the brunt of heavy criticism from the public and elected officials over the blackouts. (See PG&E Stock Plummets amid Wildfires, Shutoffs.)

PG&E stock rose to nearly $24/share last June, after California Gov. Gavin Newsom pitched a plan to insure PG&E and other utilities against wildfire liabilities going forward. PG&E is trying to exit bankruptcy by June 30 to participate in the $21 billion insurance fund under the terms of last year’s Assembly Bill 1054. The program will be paid for equally by ratepayers and utilities.

PG&E’s stock price stood at exactly $11/share at 4 p.m. ET Wednesday, having fallen precipitously since the COVID-19 pandemic-induced economic slowdown took hold in late March. The stock price has been buoyed in recent weeks by developments indicating PG&E is on track to leave bankruptcy by June 30.

Obstacles Falling

Newsom, who had been an outspoken critic of PG&E and repeatedly threatened a state takeover of the utility, withdrew his objections to PG&E’s restructuring proposal, provided it wraps up its Chapter 11 proceedings by the end of June. PG&E and the governor signed an agreement in mid-March creating a streamlined process for the state to buy the utility if it doesn’t leave bankruptcy by June 30. (See PG&E Deal with Gov. Allows for Utility’s Sale.)

On Monday, the California Public Utilities Commission, which must approve PG&E’s reorganization plan, suggested it would accept the plan with some adjustments. A proposed decision by an administrative law judge incorporates a program of enhanced oversight and enforcement for PG&E first proposed by CPUC President Marybel Batjer. PG&E has already agreed to most of Batjer’s terms.

Also on Monday, Commissioner Clifford Rechtschaffen contended the CPUC should raise its penalty against PG&E to nearly $2 billion — the largest fine the commission has ever levied — for its role in starting the catastrophic wildfires of 2017 and 2018.

The fires included the massively destructive North Bay, or wine country, wildfires of October 2017 and the Camp Fire, which killed 85 people and leveled much of the town of Paradise.

PG&E filed for bankruptcy in January 2019 in the aftermath of those fires.

Rechtschaffen’s proposal would modify a prior settlement agreement between PG&E and the CPUC’s Safety Enforcement Division, effectively “increasing the penalty amount in the settlement by $262 million because of the strong evidence of pervasive violations and unprecedented harm, including loss of life, that resulted from the wildfires,” the CPUC said in a news release.

The CPUC noted that PG&E agreed to plead guilty last month to 84 counts of involuntary manslaughter from the Camp Fire, the deadliest wildland blaze in state history. The utility reached an agreement with prosecutors to pay nearly $4 million in fines and costs related to the fire. (See Judge: PG&E Can’t Pay Criminal Fines from Victim Trust.)

The commission will take up PG&E’s reorganization plan and Rechtschaffen’s proposed penalty at its May 21 voting meeting.

If the CPUC approves the plan, and PG&E accepts the increased fine, it would leave the federal bankruptcy court in San Francisco as the company’s major remaining obstacle. U.S. Bankruptcy Judge Dennis Montali has said he wants PG&E to meet the June 30 deadline, but he has refused before to take steps against the wishes of wildfire victims.

Those victims — about 70,000 to 80,000 — are among the 250,000 creditors and interested parties who must vote on PG&E’s bankruptcy plan by May 15.

Some victims have argued against the proposal. PG&E intends to fund a $13.5 billion trust for wildfire victims with half cash and half stock, and victims worry about the company’s stock declining in value with no guarantee of its worth at the time of dispersal. They also argue the restructuring provides insufficient assurance that PG&E won’t be a “killer company” in the future.

Whether those encouraging a “no” vote can sway enough of their fellow victims to defeat the plan remains to be seen.

NextEra Plans to Combine FPL, Gulf Power Utilities

NextEra Energy said Wednesday that it will combine its two Florida utilities into a single entity that will stretch from the Panhandle to Miami Beach.

During its first-quarter earnings call, Florida-based NextEra said it has filed with the Public Service Commission to reflect the expectation that Florida Power & Light and Gulf Power will begin to operate as an integrated system in 2022. The utilities plan to file a combined rate case in the first quarter of 2021 for new rates that begin in 2022, NextEra said.

In its earnings release, NextEra said, “The companies expect that a merger will create both operational and financial benefits for customers.”

NextEra Energy
NextEra Energy plans to merge its Gulf Power and Florida Power & Light utilities. | NextEra Energy

FPL serves more than 5 million customer accounts along Florida’s Atlantic coast and is the nation’s largest rate-regulated electric utility, as measured by retail electricity produced and sold. Pensacola-based Gulf Power has more than 460,000 customers. NextEra struck a $6.5 billion deal with Southern Power in 2018 to acquire the utility. (See FERC Approves NextEra’s Gulf Power Acquisition.)

The companies filed a “Ten Year Site Plan” that projects an approximately 70% increase in zero-emission electricity that is generated in 2029, relative to 2019, largely through solar power. NextEra said FPL expects to have more than 10 GW of installed solar capacity, including nearly 1.6 GW within the current Gulf Power service territory, by the end of the decade.

CEO Jim Robo said FPL has six new solar energy centers operating, with four more scheduled to enter service in May. The 10 solar centers, FPL said, represent 745 MW of new capacity.

NextEra plans to connect the two systems with a new 161-kV transmission line. According to the PSC filing, the project will be completed before 2022.

The company’s first-quarter earnings surpassed expectations. NextEra reported earnings of $421 million ($0.86/share), compared to $680 million ($1.41/share) for the first quarter of 2019.

When adjusted for nonqualifying hedges, net investment gains and other impairments, and profit from disposal of a business, NextEra’s earnings were $2.38/share. Analysts polled by Zacks Investment Research had projected adjusted earnings of $2.21/share.

NextEra said it continues to expect year-end adjusted earnings of $8.70 to $9.20/share.

NextEra Energy
NextEra Energy, headquartered in Juno Beach, Fla., released its first-quarter earnings April 21. | © RTO Insider

“While our expectations always assume normal weather and operating conditions, I have confidence in our ability to meet these expectations even when accounting for a reasonable range of impacts and outcomes that may result from the COVID-19 pandemic,” Robo said.

Robo did not address recent market rumors about an acquisition of Kansas City-based Evergy. (See NextEra Said to be Eyeing Evergy as Acquisition Target.)

Asked about another target, South Carolina’s state-run Santee Cooper utility, which the state’s governor has called a “rogue agency,” Robo said state lawmakers are in a budget standoff over the utility’s “hotly debated” sale.

“By no means is Santee Cooper done. There remains a lot of energy still behind wanting to sell Santee Cooper,” Robo said.

NextEra’s share price gained $11.75 on Wednesday, closing at $247.17 as Wall Street stopped a two-day slide.

Overheard in International Partnering Forum 2020

The nascent U.S. offshore wind industry is faring better than the rest of the energy sector in the face of the COVID-19 pandemic, with no project delays yet attributable to the shutdown, participants in the virtual International Partnering Forum heard this week.

However, federal officials and project developers still differ on whether the status quo is good enough, industry stakeholders learned.

The Business Network for Offshore Wind postponed its premier event of the year until August, replacing the physical conference planned for Rhode Island with a two-day virtual event April 21-22.

“Virtual really is the future,” CEO Liz Burdock said. “Physical, in-person events will always have a place in our planning, but low-carbon conferences are going to play an important role in educational offerings starting on Earth Day 2020, as we help our members meet their CO2 emission commitments.”

Following is some of what we overheard at the virtual conference.

BOEM on Track

James Bennett, chief of the Office of Renewable Energy Programs at the Bureau of Ocean Energy Management, took questions on the potential impacts of the pandemic on the federal permitting process for Vineyard Wind and other projects, as well as the impacts on federal leasing.

“The COVID-19 situation is certainly having its effect on just about all business processes everywhere,” Bennett said. “We are in a full telework arrangement right now, and we’re continuing to work according to the schedule that we have for Vineyard Wind.

“We don’t anticipate any schedule slips just yet, and a lot of it will depend on how things work out with COVID and whether we’re able to have the stakeholder involvement at the level that we’d like to, but overall, we’re on track and on schedule for Vineyard Wind and the other projects as well,” he said.

The demand for offshore wind has never been greater, and it’s going to be a key component of a diversified national energy portfolio, Bennett said.

Through BOEM, the Interior Department has issued 16 commercial leases for offshore wind development. The department is reviewing seven construction and operation plans and anticipates seeing another five in the next year or so, Bennett said.

Aggressive renewable energy goals by the states, followed up by solicitations for offtake — about half of which have been awarded — have combined with federal leasing to create a tremendous market opportunity, he said.

“Hopefully starting next month, we will have steel in the water with the Virginia offshore wind project, and over the course of the decade, we’re looking at 12 to 15 or even more projects just on existing leases,” Bennett said. “This represents a massive amount of economic activity, in the neighborhood of $25 billion per year by the end of the decade.”

The Jersey Pinch

Bennett said BOEM faces immediate challenges, such as keeping up with plan approvals and permitting, and ensuring robust, informative environmental analysis. It also faces long-term challenges.

“How much leasing is enough, and will procurements keep pace, not only with the demand from the states, but with our industrial capability to develop offshore wind?”

Technological issues include developing transmission in an efficient and cost-effective way. Procurements need clarity to address the maximum complexity, and “we need one right of way for each development,” he said.

Bill White, CEO of project developer EnBW North America, said the industry’s main challenge is getting BOEM to pick up the pace on approving permits and processing lease areas.

“We see a real significant opportunity that the Department of the Interior and BOEM can help relaunch this economy in the months ahead” after the pandemic lockdown, White said.

“There are no-cost initiatives that our friends at Interior and BOEM can move forward that would unleash this offshore wind opportunity,” White said. “These are multibillion-dollar projects, and when they’re constructed, they’ll be among the largest construction projects in the United States, and they will mobilize thousands of workers. So moving ahead with the contracted projects … is urgent.”

White hypothesized about a number of new contracts being awarded in New Jersey and New York.

“It’s theoretically possible, I would say quite likely possible, that in 2022, there could be only one project that competes in the New Jersey solicitation for 1,200 MW,” White said. “That could just be Ørsted, or possibly could be just Shell, if Ørsted wins the next New Jersey procurement.”

Few developers are eligible to bid into the New Jersey solicitation in 2022, and no bidders will be able to compete in the procurements for 2024, 2026 and 2028 without additional offshore wind lease areas, he said.

“Our current projections indicate that 2022 will be New Jersey’s last competitive solicitation this decade, and moving forward, New Jersey could fall behind and see more than half their goal [7.5 GW by 2030] not being met,” White said. “It’s trying to demonstrate the urgency for our friends at BOEM … to really move forward this leasing process sooner rather than later.”

Benefits and Reliability

John Dalton, president of energy consultant Power Advisory, said the New York State Energy Research and Development Authority has been very transparent in its offshore solicitation processes and elected to assign 20% of total points to economic benefits.

NYSERDA has developed a 100-point scoring system for project candidates that awards 10 points for viability, 20 points for economic benefit and 70 points for offer prices.

“What this means essentially is that a bidder who is participating in the NYSERDA [request for proposals] is more likely to be in a position where it can make explicit tradeoffs between price and delivering greater economic development benefits to the state of New York,” Dalton said.

Burdock said she would like NYSERDA’s figure for economic benefits to be higher.

“I was a little surprised that it was only 20%,” she said. “There should be more emphasis now on encouraging small businesses to get into the supply chain.”

Eric Hines, director of the Offshore Wind Energy Engineering graduate program at Tufts University, presented the two scenarios common to discussion of transmission buildout. In the first, generators develop the transmission, creating the generator lead line, or radial system. In the second — favored by Hines — an independent transmission developer creates a network system. (See Mass. DOER Explores Transmission for OSW.)

“The interest that we have here is in reliability as we move more and more of the electricity to the grid,” Hines said. “Right now, we’re talking about 30 GW, but if we start talking on the scale of 2050, it would not be at all strange to start talking about 300 GW” or more.

New England has been down this road before when developing land-based wind, he said.

“The idea of a backbone loop is not strange,” Hines said. “In 2009, the New England governors were talking about 12,000 MW of land-based wind plus offshore wind, and now we’re talking about 12,000 MW of offshore wind.”

Much of the region’s thinking about the grid dates back to the blackout of 1965 and experiencing rare, large-scale events, he said. “This is what drive the concepts of reliability, resiliency and our need for a reliable system at times like now, during a pandemic,” Hines said. “This doesn’t happen every year, but these are the things we have to pay attention to in terms of thinking about the long-term infrastructure.”

When people talk about onshore and offshore grids, they’re talking about the same thing, he said.

“The question is, how are we going to generate a whole bunch of power in the ocean and send it across the coastline onto the land?” Hines said. “The biggest issues we have right now are with the points of interconnect, and if we go at the pace we’re going, the developers who have the leases are going to grab all the key points of interconnect, and this is really going to strangle the ability to get electricity onshore.”

NYPSC Greenlights 2,500-MW Offshore Wind RFP

The New York State Energy Research and Development Authority was authorized Thursday to solicit up to 2,500 MW of offshore wind energy this year — the largest such procurement in the country to date.

The New York Public Service Commission granted NYSERDA’s January petition to solicit “at least” 1,000 MW of offshore wind energy in 2020 and be granted the “flexibility” to evaluate a range of bids for up to 2,500 MW (18-E-0071).

“This is an important step forward to advance the opportunity for New York state’s next offshore wind solicitation,” PSC Chair John B. Rhodes said. “We received important inputs in the recently concluded comment period, and this order properly considers those, as well as the principal aspects of the public interest.”

Environmentalists and labor groups were quick to laud the state’s action.

“The PSC order will help ensure that New York is able to take maximum advantage of expiring federal tax credits, limited offshore lease areas and the developing offshore wind supply chain,” New York Offshore Wind Alliance Director Joe Martens said in a statement.

NYPSC Offshore Wind
NYSERDA 2019 OSW contract awards, lease and project areas, and proposed points of interest | NYSERDA

Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, said the decision “paves the way for thousands of good jobs and billions in economic development for New York. We applaud this order and look forward to building New York’s offshore wind industry for years to come.”

Following the commission’s decision, NYSERDA said in a statement that it would not be rushing amid the coronavirus pandemic to put out a request for proposals.

“While NYSERDA fully supports and is poised to execute on this authorization, given the current circumstances, we feel issuing a near-term solicitation would not be responsible nor advisable. … Given the dynamic nature of the situation, NYSERDA is closely monitoring the crisis and stands ready to launch the solicitations when the associated activities can responsibly begin,” the agency said.

Gov. Andrew Cuomo in January announced that NYSERDA would solicit at least 1 GW of offshore wind energy this year. The state last July awarded offshore wind contracts to Equinor’s 816-MW Empire Wind project and to the 880-MW Sunrise Wind, a joint venture of Ørsted and Eversource Energy. (See Cuomo Sets New York’s Green Goals for 2020.)

Among other targets, New York’s Climate Leadership and Community Protection Act (A8429), signed into law last July, nearly quadrupled the state’s offshore wind goals to 9,000 MW by 2030.

Burman Dissents

All five PSC commissioners met via teleconference for its regular monthly session in Albany; only one voted against the offshore wind order.

Commissioner Diane Burman said “that while we are looking to give direction and regulatory certainty to NYSERDA and to those involved in offshore wind, and giving a nod that we are supportive of moving forward in 2020 on an offshore wind solicitation,” she was concerned that the funding of NYSERDA “fails to set conditions on the authorization.”

Burman said that as “stewards of the ratepayer dollars and stewards of the state’s environmental goals,” commissioners “need appropriate information in real time to make those decisions, not in a vacuum; not crossing our fingers and hoping it all works out.”

“We have at times looked at modifying a petition, or asking those petitioners to provide more information,” Burman said. She said it was reasonable to seek “more clarity and information” as “the comments on the petition only came in this week.”

Burman said there are “significant under-the-hood issues. … Commenters repeatedly discuss the transmission study … and yet many times we are left not necessarily having those studies completed in time to inform our decisions.”

“I’m struck by how we’re not demanding real information from NYSERDA,” she said. “I’m not opposed to giving authority, but I am opposed to being kept in the dark from the beginning.”

Burman also noted the concerns raised this week by the Long Island Commercial Fishing Association (LICFA), which as a member of NYSERDA’s Fisheries Technical Working Group (F-TWG) requested an extension of the April 20 deadline to submit comments.

“Though an email was sent on Jan. 30 notifying the F-TWG members of NYSERDA’s petition, no email chain, meeting or webinar was conducted by NYSERDA to discuss the proposal specifically, and as such, none of the fisheries stakeholders from multiple states who fish in the Atlantic from the Mid-Atlantic New York Bight area off of New Jersey to the Southern New England/South of Massachusetts waters have had the opportunity to address or comment as a group on this issue,” LICFA said.

Burman said the order doesn’t properly address the fishermen’s concerns “but says they should not have waited so long, which is not the appropriate approach for a regulator. … We should be seeking how to incorporate their concerns on the front end.”