26/08/2017

Federal Court Rejects Latest Bids To Stop Adani

Fairfax - Shae McDonald AAP

The Federal Court of Australia has thrown out two other bids to stop the controversial Adani coal mine going ahead in central Queensland.
The full bench dismissed appeals by the Australian Conservation Foundation and traditional land owner Adrian Burragubba on Friday.
Traditional land owner Adrian Burragubba has failed in his bid to stop the Adani Carmichael mine in central Queensland. Photo: Jessica Hromas
The ACF had sought to successfully argue a legal technicality that Environment Minister Josh Frydenberg had not considered the effect of the mine's emissions on the Great Barrier Reef under the Environmental Protection and Biodiversity Act.
Mr Burragubba had appealed against a decision by the National Native Title Tribunal that allowed the Queensland government to issue a mining lease for the proposed Galilee Basin site.
ACF campaign director Paul Sinclair said the Federal Court's decision to dismiss its appeal showed Australia's environmental laws were broken.
"Our national environmental laws don't require our environment minister to properly evaluate the impact of 4.6 billion tonnes of pollution on the Great Barrier Reef and other world heritage areas," he said on Friday.
"It's like approving a mine for asbestos without having to consider the impact of that asbestos on the health of human people"
Mr Sinclair said the only way the project in Queensland's Galilee Basin could now be halted was through the "passion, commitment and determination of the Australian people".
But Environmental Defenders Office Queensland chief executive Jo Bragg said it could appeal over this latest ruling in the High Court of Australia.
"That's an option only to be exercised rarely and which is never exercised without very careful consideration," she said on Friday.
Ms Bragg could not confirm if this was the last legal option open to opponents of the Adani coal mine, which would be the largest in Australia.
"We're still very much examining all aspects of the project and its lawfulness," she said.
Adani Australia chief executive Jeyakumar Janakaraj welcomed the Federal Court's two rulings against two "dissenting" minorities in a statement on Friday.
Mr Janakaraj said the $22 billion project would create "10,000 direct and indirect jobs", with a minimum 7.5 per cent of those going to traditional land owners.

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Coal In Decline: Adani In Question And Australia Out Of Step

The Guardian

Special report: India and China are shifting away from coal imports and coal-fired power while a mega-mine is planned for Queensland. Where does this leave coal in Australia?

The Paris-based International Energy Agency was born in a crisis. In the wake of the 1973 oil shock, as Arab petroleum producers withheld supply from countries that supported Israel in the Yom Kippur war, the then US secretary of state, Henry Kissinger, called on the OECD to set up a new body to ensure its members would always have the reliable and affordable energy they needed.
Over time, as the agency has expanded its focus to map broader energy trends, it has sometimes faced accusations of conservatism – that it has underestimated the uptake of renewable energy, and has been overly bullish about the future of fossil fuels. But last month it released a report that pointed to a rupture more far reaching than the 70s oil embargo.
It suggested investment in new coal power across the globe has peaked and is on the verge of a steep decline. In a coinciding media briefing, the IEA chief economist, Laszlo Varro, declared the “century of coal” that started in 2000 – evident in the extraordinary wave of investment by emerging Asian nations – may already be over.
“It is becoming clear that Chinese coal demand has peaked,” he went on. “The outlook for imports [to] India and other countries is uncertain.”
What does this mean for Australia, producer of about 30% of the world’s coal, as it plans a vast expansion in production in outback Queensland?
The future of coalmining is really two separate questions, with their own answers. Neither is clear-cut, but thermal coal – burned in power stations to provide electricity – is on a different trajectory to higher-quality metallurgical coal, mainly used in producing steel.
About 55% of the coal Australia exports is thermal, but the 45% metallurgical coal is more lucrative, reaping nearly two-thirds of the revenue. The bulk of the thermal coal is exported from the Hunter Valley of New South Wales; most of the metallurgical product comes from Queensland. Combined, coal exports were worth $55bn last financial year. Only iron ore brings in more.
Until last year, coal prices had been on a steep downward trajectory since 2011. The surge in demand last decade prompted investment in mines across the globe but demand had slowed by the time they became operational, resulting in oversupply. By 2014, global coal use had stopped growing. In 2015, it started to decline.

Coal demand, 2001 to 2021
Guardian graphic | Source: IEA LARGE IMAGE
Several factors were at play, many of them long-term trends. China stopped growing as rapidly, took steps to limit choking air pollution, and began to shift its economy from relying on industrial exports to a greater emphasis on services and consumption. Climate change policies began to cut into coal’s market share in developed countries. In the US, the rapid development of cheap shale gas projects made coal uneconomic before the introduction of Barack Obama’s emissions policies.
By early 2016, the IEA was reporting that 80% of Chinese coalmining operations were losing money and the companies responsible for about half of US coal production were bankrupt.
It triggered a reaction. The Communist party forced the closure of some mines, restricted operation at others, to cut Chinese production by more than 10%. The global thermal coal price quickly doubled. The price of metallurgical coal surged further, tripling in April this year after Cyclone Debbie ravaged large parts of Queensland, reducing supply from some mines. Australia’s export revenue from coal exports soared 57% in a year. Both events illustrated the potential for volatility in coal markets owing to the weather or government fiat. But the bounce was brief.
Market analysts at Citi Research last month warned investors that the outlook for coal stocks was pessimistic: major banks were financing fewer projects; Donald Trump’s much-vaunted pro-coal and anti-climate change stance was having little impact in the US.
Chinese workers ride in a boat through a large floating solar farm project, billed as the largest in the world, under construction on a lake in collapsed and flooded coalmine in Huainan, Anhui province. Photograph: Kevin Frayer/Getty Images
In a report for the Australian Conservation Foundation, consultants ACIL Allen agreed. “At present, there is considerable pessimism regarding the long-term outlook for prices of thermal coal in international markets,” it said. “This is reflected in forecasts by credible Australian and international agencies.”
Citi forecasts modest growth in Australian thermal coal exports in the near term, including the potential expansion of a couple of mines. But with prices expected to fall to US$60 a tonne by the end of the decade, down from a US$110 peak late last year, it sees no incentive for investment in new major projects – especially given public opposition and investor apathy towards coal.
It makes for an unlikely environment in which to develop a mega-mine backed by public money. But that is what Australia is considering.
The Indian billionaire Gautam Adani’s $21bn proposal to build a giant mine in the Galilee basin, about 340km south-west of Townsville, dates back to 2010. It has outlasted three Australian prime ministers and survived the signing of a global deal to combat climate change. Unsuccessful court battles have been waged and lost by opponents, promised imminent start dates have come and gone, and government support has steadily increased.
Though known as the Carmichael mine, if fully developed it will actually be 11 mines: six of them open-cut and five underground, spread over a length of 50km. Eventually, the company says, it could yield up to 60m tonnes a year to be shipped to burn in Indian coal plants. The rail and port infrastructure necessary would open up the possibility of reviving some of the dormant coalmining plans in the basin, with a total potential additional output of about 150m tonnes of coal a year.
Greenpeace activists unveil a giant banner on Newcastle coal stockpiles, calling on the Commonwealth Bank to stop investing in coal. Photograph: Dean Sewell
To put that into context, Australia now exports about 200m tonnes. It is, by any measure, a massive expansion that could push the world measurably closer to breaching the goals of the Paris climate agreement.
The details of the Adani proposal have moved over time. It was initially proposed to run for 150 years but that has been scaled back to 60. The company promised it would create 10,000 jobs; an ACIL Allen Consulting economist contracted by the company later conceded in court a more likely figure was 1,464. And the project is promised to initially start on a smaller scale, producing 25m tonnes a year.
It has environmental approval, has been granted access to groundwater from the Great Artesian Basin, and won a four-year deferment before it has to start paying royalties to the state. In June Adani announced it had made a final investment decision and was ready to go ahead. In truth, this was spin – it was still yet to secure finance for the project (Australian banks have not been willing) – but it was ramping up pressure on the Australian government to approve a $900m low-cost loan through its Northern Australia Infrastructure Facility to help to fund a railway that Adani would own and operate for itself and other potential Galilee basin miners.
Adani’s biggest champion has been the recently resigned resources minister Matt Canavan, who argued the mine should go ahead on economic, humanitarian and, most audaciously, environmental grounds. Specifically: bring jobs and growth to struggling north Queensland; help improve the lives of the 240 million Indians living without electricity; and be better for the planet given that India is building coal plants anyway, and Australian coal is a cleaner product than what is dug up in other parts of the world.
All three points have been contested. There has been significant pushback against the idea that, in a world where the demand for coal is flat at best, existing Australian mines would not lose out if the Galilee basin were developed. The coal consultancy Wood Mackenzie was commissioned to look at the issue by the $2bn Infrastructure Fund, which owns a stake in the coal-reliant Port of Newcastle, and found existing mines in southern Queensland and NSW would be hit. “Put simply, either the $1bn loan to Adani will have a significant impact on coal production and jobs in the Hunter Valley, Bowen basin and Surat basin, or the business case for the Adani rail line is deeply flawed and the promised jobs for north Queensland unlikely to materialise,” it reported.
Testing the humanitarian and environment arguments requires a closer look at the changes under way in the Indian electricity market. India is the world’s second largest importer of thermal coal. It doesn’t want to be. Its coal minister, Piyush Goyal, has repeatedly said he wants to cut imports completely. It won’t happen in the short term – some of the country’s plants were built to run using higher-quality coal, which is not available domestically – but a shift is under way. Reuters reported that demand for imported thermal coal in India fell 13% in the first seven months of this year.
Galilee Blockade protesters gather outside Bill Shorten’s office in Moonee Ponds, Melbourne. Photograph: James Ross/AAP
Meanwhile, the country is seeing extraordinary reductions in the cost of large-scale solar power – 40% in a year – to the point where it is cheaper than domestic coal for the first time. There are questions over whether this is sustainable, but India has set an ambitious solar target of 100 gigawatts within five years. A draft national electricity plan released in December found no new coal-fired plants would be needed for a decade, and proposed coal plants with a capacity of 13.7GW – more than half Australia’s total coal fleet – were cancelled in May alone.
What does this mean for the Carmichael mine? Goyal says India does not need it, but will use the coal. Tim Buckley, of the Institute for Energy Economics and Financial Analysis, says a two-week trip he took to India to meet energy executives and government officials suggested a different story. “There was almost zero discussion on Carmichael,” he says. “The project is not on the radar, not expected to happen, immaterial for India’s energy plans given the progressive move away from imported thermal coal and just unbankable for Indian banks given excessive Adani group debt.”
India is not the only country rethinking the scale of its coal commitment. China has not cut imports – it is more focused on closing inefficient domestic mines – but its coal consumption peaked three years ago. It has an incredibly large fleet of generators likely to operate for decades to come, but they are running at less than 50% capacity. It cancelled 103GW of proposed coal-fired plants (more than twice the capacity of Australia’s east coast grid) this year.
Government officials note what is happening – the chief scientist Alan Finkel’s independent review of Australia’s electricity security noted that China is diversifying its energy mix, India limiting imports and South Korea cutting coal power to reduce pollution – but this shift receives little clean air in the Australian political debate, where the Minerals Council is an influential player and the major parties are supportive of a long-term source of jobs and revenue.
Misinformation is rife. Peter Freyberg, the head of coal at the mining giant Glencore, claimed that the IEA had projected that fossil fuels would provide almost 70% of energy in 2030, even if the world got its act together to limit global warming to an increase of less than 2C. He was making a point about coal’s longevity but, in reality, the IEA paints a different picture.
Yes, it estimates 64% of energy would come from fossil fuels in 2030 under this scenario – if you count electricity generation, industrial processes, transport, heating and cooking, and if you assume carbon capture and storage suddenly becomes viable. Even then, the biggest chunk would be expected to come from natural gas, which is considered a cleaner transitional fuel. The IEA found burning coal to generate electricity would decline sharply, with wind and solar providing more than half the world’s needs within 13 years. Traditional coal-fired power would be gone by mid-century.
Metallurgical coal is not expected to decline as quickly – in simple terms, there is not the readymade alternative to coal in steel manufacturing that there is in electricity generation. The IEA has forecast only a 15% drop in global trade of metallurgical coal by 2040 should the world deliver on the headline Paris agreement goals. Australia has about a fifth of the global market, and higher quality coal than many competitors, suggesting its market share should more or less hold up.
As the government points out, Australia also offers higher quality thermal coal than its competitors. But Tony Wood, energy program director at the Grattan Institute, says the numbers are compelling even once this is factored in.
“Malcolm Turnbull says coal will be part of the energy mix for the next several decades, and this is true, but it is a declining part of that mix,” Wood says.
“We may have a bigger share, but it is still a bigger share of a declining market. Unless someone does something with carbon capture and storage – or the world turns away from acting on climate change, which doesn’t seem likely – this is not an industry with a long-term future.”

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Coal In Decline: An Energy Industry On Life Support

The Guardian

Special report: The pace of coal plants shutting down in Australia could mean the country’s fleet could be gone before 2040. The transformation is enormous – and seems inevitable

For a glimpse into the future of coal power in Australia, go west. The country’s last major investment in coal-fired electricity was in Western Australia in 2009, when Colin Barnett’s state government announced a major refurbishment of the Muja AB station about 200km south of Perth, far from the gaze of the east coast political-media class.
The plant was 43 years old and mothballed. Reviving it was meant to cost $150m, paid for by private investors who would reap the benefits for years to come. But costs and timeframes blew out. An old corroded boiler exploded. The joint venture financing the project collapsed; a wall followed suit. The bill ultimately pushed beyond $300m, much of it to be stumped up by taxpayers – and once completed, the plant was beset with operational problems. It ran only 20% of the time.
By April 2016, the government acknowledged it was subsidising more generation capacity than it needed and predicted demand for coal power would fall over the coming decade. In May this year the new Labor administration confirmed Muja AB would shut early next year.
The coal-fired power sector is in free fall, and wind and solar are competing on cost with fossil fuels
Simon Holmes à Court, Energy Transition Hub
This spectacular failure had unique elements but underpinning it was a faith in the longevity of coal-fired electricity. Though it rated little mention in the east – mainly because WA is out of sight and has its own grid separate to the mislabelled national electricity market – it is a pointer to what lies ahead.
About a fifth of the country’s coal capacity has disappeared since 2012; Muja AB will be the 13th station to shut in that period; no new ones have opened this decade. For all the talk of new coal-fired power plants, none are in development.
If closures continued at the current rate, the nation’s coal fleet would be gone before 2040. It’s a pace that could put Australia within striking distance of what scientists say is necessary in the electricity sector for the country to play its part in combating climate change. It is far beyond what the government believes possible if the country is to maintain a reliable and affordable electricity supply, and slower than what some energy analysts think could happen given the extraordinary advances in renewable energy cost and technology.
Source: Australian Energy Council LARGE IMAGE
“The coal-fired power sector is in free fall, and wind and solar are competing on cost with fossil fuels,” says Simon Holmes à Court, senior adviser at the federally funded Energy Transition Hub at the University of Melbourne. “Every single panel and turbine installed reduces the market size for inflexible baseload plants.”
Industry insiders stress the scale of the transformation being discussed shouldn’t be downplayed. Coal still provides about three-quarters of our electricity. In the short term, its withdrawal is likely to slow. Demand for power unexpectedly fell at the start of the decade, leading to an oversupply that suppressed the wholesale price of electricity. But with competition reduced and expensive natural gas-fired plants being called on to carry more of the load, the price is now as much as eight times the cost of generation. The remaining coal plants are making hay.
That will inevitably change. After an investment strike a couple of years ago, wind turbines and solar panels are going up in a rush to meet the national 2020 renewable energy target. Once they come online by mid-2019 competition will increase and, for a while at least, the skyward rush of wholesale electricity prices should ease. What happens to existing coal power plants at that point is an open question.
Workers finish their last shift at Hazelwood power station on 31 March. Photograph: Scott Barbour/Getty Images
Here is what we do know: coal generators usually operate for about half a century and most Australian plants are pushing that age. Yallourn, in Victoria’s Latrobe Valley, turns 50 in 2021. AGL has already announced Liddell power station in New South Wales will close in 2022. A brace of others will hit their expected use-by dates in the decade after 2025.
Analysis by Holmes à Court suggests 15.1 gigawatts – nearly 10 times the capacity of Hazelwood, the failing, old Victoria plant that shut in March – could retire in that period. It would leave just 11 coal plants with a maximum capacity less than a third of what was in place five years ago. Most of those would be in Queensland, near the end of the grid.
Meanwhile, between eight and 22 gigawatts of wind and large-scale solar farms may have been built and 20 gigawatts of solar panels installed on roofs, according to Australian Energy Market Operator projections. It’s possible generation capacity equivalent to Australia’s entire east coast grid could have been built using variable clean energy technology in just a couple of decades.
I don’t think the banking sector and the industry are looking to build coal-fired power stations
Matthew Warren, Australian Energy Council
In a report on investment trends, analysts at Bloomberg New Energy Finance projected that by 2040 small-scale solar power will have replaced coal as Australia’s largest source of energy. They found 45% of electricity capacity would be “behind the meter”, rather than from the traditional grid. Photovoltaic panels, battery packs and demand response programs – cash incentives offer to those who volunteer to cut use at peak times – would take over.
As Bloomberg New Energy Finance’s Australian chief, Kobad Bhavnagri, acknowledges, modelling in this area will inevitably be wrong – but it indicates the direction. Holmes à Court believes the system is at a turning point that few have appreciated.
Here is what else we know: there is little to no interest in the business community in building new coal plants to replace those that shut. The 2015 Paris climate agreement triggered a step change in thinking about the long-term viability of fossil-fuel investments. Action towards meeting the Paris goals is fitful but financiers are operating on the assumption policies will escalate, including a probable eventual return to some form of carbon pricing. They are in no mood to make a decades-long bet against it.
The Australian Energy Council chief, Matthew Warren, representing most generators, summarised: “I don’t think the banking sector and the industry are looking to build coal-fired power stations for the foreseeable future.”
Catherine Tanna, the managing director of Energy Australia. Photograph: Nikki Short/AAP
Coal is on the outer in other ways. As more variable renewable generation is introduced into electricity grids, market operators are increasingly favouring flexibility over the traditional baseload model. They see the future in generators that can swing in quickly on demand, rather than run all the time. The government has agreed new wind and solar photovoltaic farms will need to have “dispatchable” backup that can be called on at any time, but coal is not as nimble as batteries, gas, demand response or concentrated solar thermal with storage.
It has been slow to filter through to some corners of the political debate, but some business leaders have been stressing these points for months. The specifics demanded vary but most want a bipartisan policy that would provide the confidence to build new plants to replace closing coal. The Business Council of Australia, representing more than 100 corporate leaders, has become increasingly bolshy. In a round table with the Australian Financial Review last month the council’s board pressed the government to adopt the chief scientist Alan Finkel’s recommendation to introduce a clean energy target, which would offer incentives on a sliding scale, favouring plants with the lowest emissions.
Asked where coal fitted within that, the board member and Energy Australia managing director Catherine Tanna described it as a “legacy technology” that was “very, very unlikely to find a market participant” willing to pay for it. Tanna also called out as myth the idea that a coal-fired power station using new technology would be cheap and lead to a cut in electricity prices. “I just don’t think it’s borne out by the economics,” she said.
The most regular argument made in response to this is: other countries are building new coal stations and if the new technology is good enough for China, Japan and Germany, why not Australia? The Minerals Council of Australia is pushing hard for government funding for next-generation technology, known as ultra-supercritical coal which, according to a 2016 World Coal Association report, creates emissions that are 23% lower than the black coal plants of NSW and Queensland but is also 40% more expensive to build. Few fossil-fuel proponents still use the term “clean coal” – mockery has stolen its promotional punch, “clean coal” is a mirage – but when deployed it is applied to new technology that reduces emissions.

What is 'clean coal' technology?
The term “clean coal” applies to two different technologies:
  • Carbon capture and storage, in which emissions from fossil fuel projects can be trapped and pumped underground.
  • Coal plants that still emit plenty of carbon dioxide, but less than the generators built decades ago. They are now marketed as high efficiency, low emissions plants - HELE for short.
Despite billions in research dollars being made available, carbon capture and storage has yielded only two commercial-scale projects - in Canada’s Saskatchewan province and Texas. Both are small, were expensive to build and catch only a fraction of total emissions.
HELE plants have a more significant track-record. They operate at higher temperatures than older models and emit about 10% less. The next generation of HELE plants is known as ultra-supercritical coal plants and emissions are 23% lower, but they are 40 % more expensive to build.

While it’s true that new generation “clean coal” plants are being built elsewhere, it is not a straightforward story of bold investment. The overwhelming majority are in China, where they make up nearly 20% of its huge coal fleet (and the fleet is massive – 20 times the capacity of Australia’s national grid). China’s extraordinary growth as it developed this century spurred unprecedented spending on all energy technologies, but its coal consumption has been in decline for three years. The Institute for Energy Economics and Financial Analysis found the Asian giant’s coal plants last year ran at only 47.5% of their capacity, and estimated it could have US$200bn in stranded coal assets.
Japan faced a unique challenge after the 2011 Fukushima disaster. It abandoned nuclear generation and backed new coal to help fill the gap. But while it has been reported the country is building more than 40 high-efficiency, low-emissions plants, the Global Coal Plant Tracker database suggests this is an inflated figure. At time of writing, it lists 12 coal plants as under construction, some of them small by Australian standards. Only five are listed as HELE; others are the sort of old, dirty technology plants that no one has argued should be built here. A further 28 are listed as being assessed or in early planning. Four proposed plants with a promised capacity of 2.3 gigawatts have been cancelled this year.
Germany is a more straightforward case. It approved some coal plants about a decade ago during a European drive to replace dirty old stations with newer models, and some of them took years to build, but no new coal proposal has been given a permit since 2009. Depending on the day, about 40% of the country’s electricity is renewably generated.
The Minerals Council released a report in July making the case that HELE coal is the cheapest form of new electricity plant available, but its findings differed markedly from other experts who have looked at the issue – not least Finkel’s government-commissioned review into the electricity grid security. Critics say it was based on some brave assumptions: that new coal would not face additional construction and legal costs, that government would underwrite the risk of future carbon pricing, and that wind and solar owners would have to pay to have two to three days backup on hand.
It was a far cry from February, when the treasurer brandished a piece of coal in parliament
The business community wasn’t persuaded. (One energy industry leader summarised: “We don’t understand what they are trying to do.”) Increasingly, it seems, nor are key members of Malcolm’s Turnbull cabinet. In a speech to the Australian Industry Group in Adelaide, the treasurer, Scott Morrison, spelt out the scepticism. He stressed the Coalition’s “resource and technology-agnostic” energy policy and said the government would welcome investment in HELE coal plants but added: “Let’s also be real about it.”
“These new HELE plans would produce energy at an estimated two and a half times the cost of our existing coal-fired power stations,” Morrison said. “They would also take up to around seven years to set up. While welcome where the economics and engineering stack up, we shouldn’t kid ourselves a new HELE plant would bring down electricity prices anytime soon.”
It was a far cry from February, when the treasurer brandished a piece of coal in parliament, and it puts him at odds with Tony Abbott and other backbench MPs who argue the government should use taxpayers’ money to back new coal. But it was in step with messages from Turnbull, who said decisions on whether to build coal plants were best left to the market, and the energy minister, Josh Frydenberg, who has stressed that the government was not planning to build a coal plant itself.
Source: ABS LARGE IMAGE
The second half of the parliamentary year is likely to be dominated – again – by energy and climate policy. It will be fraught within the government, and predictions about where it will land are courageous. Options being considered include pairing a clean energy target with a second program that could help fund a HELE coal plant if it proved cheaper than other comparable forms of power, or creatively designing the clean energy target (and the definition of “clean”) so that it offers new coal the same incentive as, say, a solar farm.
There is no guarantee coal would succeed under either model. But, the reasoning goes, giving coal an opportunity to compete might help navigate a vexed issue through a riven party room.
Morrison’s speech offered little hope that for those wanting new coal plants. He spelt out a different vision: “When it comes to coal, the best thing we can do is simply ensure the power stations we currently have – Liddell, Bayswater etc – stay open, remain economic and work longer into the future. We need to sweat these existing coal-fired assets for longer.
Steam billows from the cooling towers of the Yallourn coal-fired power station. Photograph: Bloomberg via Getty Images
“Not only does this provide critical baseload for our economy in the decades to come, but it also buys important time as other energy technologies are developed and can be evolved to match the stability of more traditional power sources.”
The reference to Liddell should be telling. When Sydney was pushed to the edge of blackout during a heatwave in February, it was operating at just 50% capacity owing to ongoing equipment problems.
A few weeks later, Abbott made a spirited 11th–hour call for Victoria to step in to keep Hazelwood going despite the plant facing WorkSafe notices for failures that would have cost $400m to fix. He was widely mocked given the generator’s decrepit state but he wasn’t without support. If the government does head down this path – propping up creaking old coal plants because it is not yet convinced by renewable energy – it might want to brush up on the case of Muja AB.

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