Duke Energy has appealed a $6.8 million fine levied by North Carolina for the catastrophic Dan River coal ash spill, calling the penalty “entirely arbitrary and capricious.”
The company said the state Department of Environmental Quality raised the fine “to a newsworthy amount” after the Dan River spill attracted media attention. The appeal alleged the state improperly used admissions the company made in a federal action that resulted in $102 million in fines. And it said the punishment violates precedents that established DEQ cannot penalize a party multiple times for a single violation.
Frank Holleman, an attorney with the Southern Environmental Law Center, scoffed at Duke’s appeal. “Since Duke committed crimes that led to the Dan River spill and Duke caused such harm to the state and its citizens, you would think Duke would have the humility to pay a relatively modest fine and ask forgiveness from the people of the state,” he said.
More: Charlotte Business Journal
Whole Foods Inks Solar Deal with NRG, SolarCity

More: The Wall Street Journal (subscription required)
Lack of NY Timbering Permits Forces Constitution Delay
The developers of the proposed Constitution Pipeline delayed the completion date of the 124-mile natural gas pipeline for six months after New York state regulators failed to approve permits in time for it to clear trees before the migratory bird season commences.
The pipeline developer, Williams Co., notified FERC that the New York Department of Environmental Conservation had not issued the permits in time for the project to comply with U.S. Fish and Wildlife Service recommendations to complete tree cutting by March 31 to mitigate impacts on migratory birds and the northern long-eared bat. Constitution said it is pushing back the completion date of the $750 million pipeline from the end of 2016 to the second half of 2017.
The pipeline, which received FERC approval in December, would deliver 650,000 dekatherms of Marcellus Shale natural gas to the Iroquois Gas Transmission and Tennessee Gas Pipeline systems, which serve New England.
More: Times Union
Michigan Speedway Wins $29K Incentive from Consumers Energy

The utility’s incentive comes after the racetrack transitioned to LED lighting in its pedestrian tunnel and outside its administration building last year. The racetrack also installed a system to automatically control the temperature in the air conditioning system of its infield suites based on occupancy settings. The speedway said it saves an annual $60,835 in natural gas, electricity and maintenance bills through energy efficiency efforts.
Garrick Rochow, Consumers Energy’s vice president and chief customer officer, said the speedway’s projects achieve the same carbon-reduction effect as planting 796 trees each year.
More: Energy Manager Today
Great River Energy Lobbyist Retires After 34 Years

Great River Energy lobbyist Bob Ambrose has announced his retirement after 34 years of service to the Minnesota company.
“Bob has always represented us effectively with grace and dignity, and we are grateful for his 34 years of service. We will miss him,” said Great River Energy vice president and general counsel Eric Olsen.
Ambrose, a Brown University graduate, briefly pursued medical and social work degrees and taught at a public school before becoming involved in energy policy. More recently, Ambrose had been taking trips to Germany to study renewable energy, a topic he thinks should gain more traction stateside.
More: Midwest Energy News
ATC: Sales to Illinois Drive Need For New High-Voltage Line
Just two years after it opened a 345-kV transmission line in the same area, American Transmission Co. proposed a new line near the Illinois-Wisconsin border to serve higher-than-expected forecasted power demand.
ATC is trying to sell ratepayers and regulators on a $52 million to $63 million line that would run from a new substation in Wadsworth, Ill., to the nearby transmission system owned by Commonwealth Edison. ATC says it will file applications with Illinois and Wisconsin regulators this year.
The need for more transmission persists even after a $36 million line was put into service in late 2013. “Market conditions have continued to change in Wisconsin and Illinois, leading to unanticipated congestion in the Wisconsin-Illinois electrical interface,” said Luella Dooley-Menet, an ATC spokeswoman. “This project is needed to resolve that.”
More: Milwaukee Journal Sentinel
Developers Break Ground on Carbon-Sequestration Gas Plant

The zero-emission pilot project is being developed by Net Power, a collaboration between Exelon, CB&I and 8 Rivers Capital. Exelon and CB&I are leading the funding for the $140 million project.
If successful, the developers plan to build larger, 295-MW power plants that would represent the next generation of cleaner-burning natural gas plants. The pilot project is expected to come online in 2017.
More: FuelFix Blog
Bloomberg Sources Say Westar Exploring Sale

Several possible buyers have been contacted to gauge interest in Westar, one source said. Westar hasn’t yet formally hired an adviser and may still decide to remain independent, according to the sources.
A Westar spokeswoman said the company doesn’t comment on merger and acquisition activity. Westar CEO Mark Ruelle fanned takeover speculation in November when he indicated the company would be open to a sale.
More: Bloomberg News
Cleco Seeks LPSC Rehearing On Investors’ Purchase Bid

The five-member Public Service Commission said representatives of Cleco, Macquarie Infrastructure and Real Assets have contacted them about reconsidering the PSC’s Feb. 24 decision rejecting the sale.
The $4.9 billion deal would have given Cleco shareholders a 15% premium. The new company would be privately held.
More: The Advocate
PNM Proposing $87M Program To Install Smart Meters

The wireless advanced meters would be cost-effective and provide significant benefits for customers, including eventual savings on electric bills, PNM said. The utility contends the smart meters will save customers nearly $81 million over 20 years.
PNM asked the commission to approve the proposal in nine months so it can begin testing.
More: Albuquerque Journal
Arch Coal Abandons Plans For Controversial Montana Mine

The proposed Otter Creek mine would have been in the Powder River Basin, home to some of the most productive coal mines in the country. Although many people in the region supported the proposal, the plans have also drawn strong opposition from environmental groups, ranchers and some Native American tribes, including the Northern Cheyenne, whose reservation is nearby.
More: Los Angeles Times
FirstEnergy Coal Plant Idled For First Time in 17 Years

No restart date is planned, and no FirstEnergy workers have been laid off.
More: Pittsburgh Post-Gazette
Dominion Forges Ahead with Plans to Close Ash Ponds

The millions of gallons of water set to flow into the James River — which was used to saturate the coal ash to keep it from becoming airborne — will be cleaner than the state requires, the company said.
The wastewater will be tested three times a week, with the results posted on the utility’s website. Any failed test will require Dominion to stop releasing water.
More: Richmond Times-Dispatch
Dan Eggers Moves to Exelon As SVP of Investor Relations
Former Credit Suisse managing director Daniel L. Eggers has joined Exelon as senior vice president of investor relations. Eggers also will be part of the company’s executive committee.
Eggers spent 18 years at Credit Suisse, where he was in the equity research department, and also served as co-head of U.S. energy research. He also had positions with the bank covering oilfield service and equipment sectors, and as an associate on the integrated oils and independent refiners group.
“Dan brings a distinguished track record of covering the power sector for a top investment bank,” said Jack Thayer, Exelon’s senior executive vice president and CFO. “His expertise in the electric utilities industry, as well as his long-standing relationships in the financial arena, will strengthen Exelon’s investor relations program and provide valuable insights for our senior management team.”
More: Exelon
Wisconsin Wind Tower Firm Gets $28 Million Order

Broadwind has built more than 2,000 turbine towers since 2008. The latest order should fill out its 2016 manufacturing capacity. The company’s interim CEO, Stephanie Kushner, said the extension of the federal production tax credit would bring stability to an industry that has seen fitful starts and stops.
“It caused developers to start and stop commercial activities based not on underlying project economics, but based on legislation toggling back and forth from full speed ahead to a dead stop,” she said. “And those of us in the supply chain were whipsawed even more, with capacity demand shifting from maximum to idle and back again and with little good planning certainty.”



CAISO has asked FERC to approve a new Tariff provision that would enable rooftop solar and other small 





“This was really the first real opportunity for folks to put some reality to their idea and try to marry up with the customers who stated a willingness to pay,” he said. “This is somewhat rare to have that in the neighborhood of a big idea.”
Coal-fired plants represented more than 80% of the 18 GW in generation retired in 2015, according to the U.S. Energy Information Administration.
The U.S. solar generation market is set to increase 119% this year, mostly from utility-scale projects in the pipeline, according to GTM Research in its 
A pump motor serving the reactor at the Watts Bar 2 nuclear station caught fire, forcing a declared “unusual event” before the Tennessee Valley Authority’s newest station produced any power.
The Department of Environmental Quality and the Public Service Commission announced they are halting an effort to draft a compliance plan for EPA’s Clean Power Plan as a result of last month’s U.S. Supreme Court decision to stay its implementation.
The Commerce Commission has proposed tightening the rules for retail electric suppliers to market their power as “green.”
A Judicial District Court judge has affirmed a 2015 Public Service Commission order denying NorthWestern Energy’s request to decrease the amount paid to small wind and solar projects for their electricity.

Entergy’s Indian Point nuclear power plant Unit 2 began a planned refueling outage on March 7. Unit 2 was online 99.6% of the time since returning to service from its prior refueling outage in March 2014, according to the company. It also set a record for continuous days of operation, at 626, and a record for the amount of electricity generated, at 17.8 million MWh.
NextEra Energy is facing challenges to get approval for its proposed 87-turbine wind farm in Stark County. A first proposal was rejected last year, while a new version of the project with adjusted siting is currently stalled in a court dispute.
The operators of the newest power plant in the state have said they may take legal action if the Public Utilities Commission approves a guaranteed income plan for power producers FirstEnergy and AEP Ohio.
The Public Utility Commission is accepting public comment about alternative utility ratemaking methods through Wednesday.
LITTLE ROCK, Ark. — 