Smooth the path to deregulation

By National Post


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In Canada, as in the United States and much of the world, the role of regulation, planning, and government provision has been shrinking, and replaced by an increased reliance on competition in markets to set prices and determine what goods and services are available to us. The net result of opening markets in finance, transportation, and communications is generally positive.

In electricity, opinions and actions are far less harmonious. This is understandable, particularly from the U.S. perspective, where we have seen the California market implode, a major blackout in the Northeast, and widespread massive rate increases - more than 70% in Maryland, where I live.

The diversity of opinion is reflected in what different jurisdictions do. Some provinces, primarily Ontario and Alberta, have already opened parts of the electricity sector - "retail" sales to some customers and "wholesale" bulk deliveries to the utilities and other enterprises supplying those customers. Other provinces have kept one or both of the wholesale and retail sectors as regulated or Crown companies.

The United States' pattern is similar. The federal government has set rules for opening U.S. wholesale bulk markets but with no mandate to do so, leaving a patchwork of practices across the country. The individual states control retail markets, of which some have opened (perhaps Texas most successfully), some never did (mostly in the Southeast and Midwest), and some opting to go back to regulation (most recently, Virginia).

Why the difference across provinces and states? Some U.S. evidence suggests that initial moves to deregulate were made where electricity rates were relatively high, but it does not explain all of the difference. A second possibility is that some have it right and some are blinded by ideology, either for or against markets. A third is that nobody really knows how best to open electricity markets and, consequently, whether doing so is worth the trouble.

At the retail level, a fair question is whether consumers, particularly residential consumers, really want it. In Maryland, which has open markets, competitors to the traditional utilities make less than 3% of residential electricity sales. Competition is more successful in sales to larger commercial and industrial customers; among the biggest, almost 95% of the sales come from new competitors. Other factors might explain residential resistance - and the record is, admittedly, a little better in some provinces and states. One outstanding question: Do we do households a favour in forcing them to choose?

Electricity combines attributes that make opening markets difficult. First, if the power goes out, economic activity grinds to a halt and public health and safety are at risk. Second, electricity is too costly to store; what we use must roughly match what gets produced. Supplying electricity to meet peak demands is hugely more expensive than at low demand. In Ontario, the top 10% of capacity is called upon less than 0.5% of the hours during a year - not much time to recover costs.

These rare peaks can justify prices, during those few hours, that are 10 or more times usual rates, but the system becomes vulnerable to generators holding back electricity to drive prices up even more. This is why "smart meters" enabling real-time price variation can help electricity markets work. Ontario has taken steps in this direction, but even time-of-day pricing - when not tuned to actual market conditions - will not constrain demand in those few extreme hours when meeting peak demand is the most costly.

The third and most crucial aspect of electricity is its interconnectedness. Because generators share the same set of transmission wires, one supplier's failure to meet its customers' needs will cause the whole system to come down. With products like cars, customers can pay for reliability. With electricity, reliability is a collective service.

Central control to ensure reliability may be consistent with overall competition - think of air traffic control. But it could require so much co-ordinated planning that entrepreneurial spirit is stifled. This is particularly important if generation - the competitive part - has to be planned along with transmission, a regulated monopoly for the foreseeable future.

We can smooth the path to competition by focusing efforts on opening retail markets for large commercial and industrial users, which comprise up to two-thirds of the market. "Smart meters" that allow real-time pricing can promote reliability and reduce overall costs. Provinces worried about generation companies potentially exercising market power should focus on whether generators actually withhold electricity, especially at peak periods. To avoid tilting the playing field, they should follow Ontario and Alberta in seeking to keep control of regulated transmission and distribution out of the hands of generators.

The road to competition in electricity is far from straightforward. We are lucky to have many jurisdictions taking many paths, providing lessons from which we all can learn.

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Washington Australia announces $600 electricity bill bonus for every household

WA $600 Electricity Credit supports households with power bills as a budget stimulus, delivering an automatic rebate via Synergy and Horizon, funded by the Bell Group settlement to aid COVID-19 recovery and local spending.

 

Key Points

A one-off $600 power bill credit for all Synergy and Horizon residential accounts, funded by the Bell Group settlement.

✅ Automatic, not means-tested; applied to Synergy and Horizon accounts.

✅ Can offset upcoming bills or carry forward to future statements.

✅ Funded by Bell Group payout; aims to ease cost-of-living pressures.

 

Washington Premier Mark McGowan has announced more than a million households will receive a $600 electricity credit on their electricity account before their next bill.

The $650 million measure will form part of Thursday's pre-election state budget, similar to legislation to lower electricity rates in other jurisdictions, which has been delayed since May because of the pandemic and will help deflect criticism by the opposition that Labor hasn't done enough to stimulate WA's economy.

Mr McGowan made the announcement on Sunday while visiting a family in the electorate of Bicton.

"Here in WA, our state is in the best possible position as we continue our strong recovery from COVID-19, but times are still tough for many West Australians, and there is always more work to do," he said.

"[The credit] will mean WA families have a bit of extra money available in the lead up to Christmas.

"But I have a request, if this credit means you can spend some extra money, use it to support our local WA businesses."

The electricity bill credit will be automatically applied to every Synergy or Horizon residential account from Sunday, echoing moves such as reconnections for nonpayment by Hydro One in Canada.

It can be applied to future bills and will not be means tested.

"The $600 credit is fully funded through the recent Bell Group settlement, for the losses incurred in the Bell Group collapse in the early 1990s," Mr McGowan said.

"It made sense that these funds go straight back to Western Australians."

In September, the liquidator for the Bell Group and its finance arm distributed funds to its five major creditors, including $670 million to the WA government. The payment marked the close of the 30-year battle to recover taxpayer funds squandered during the WA Inc era of state politics.

The payout is the result of litigation stemming from the 1988 partnership between then Labor government and entrepreneur Alan Bond in acquiring major interests in Robert Holmes à Court’s failing Bell Group, following the 1987 stock market crash.

WA shadow minister for cost of living, Tony Krsticevic, said the $600 credit was returning money back into West Australian's pockets from "WA Labor's darkest days".

“This is taxpayers’ money out of a levy which was brought in to pay for Labor’s scandalous WA Inc losses of $450 million in the 1980s,” he said.

“This money should be returned to West Australians.

“WA families are in desperate need of it because they are struggling under cost of living increases of $850 every year since 2017 under WA Labor, amid concerns elsewhere that an electricity recovery rate could lead to higher hydro bills.

“But they need more than just a one-off payment. These $850 cost of living increases are an on-going burden.”

Prior to the onset of the coronavirus pandemic, the opposition believed it was gaining traction by attacking the government's increases to fees and charges in its first three budgets, and by urging an electricity market overhaul to favor consumers.

Last year, Labor increased household fees and charges by $127.77, which came on top of increases over the prior two budgets, as other jurisdictions faced hydro rate increases of around 3 per cent.

According the state's annual report on its finances released in September, the $2.6 billion budget surplus forecast in the at the end of 2019 had been reduced by $920 million to $1.7 billion despite the impact of the coronavirus.

But total public sector net debt was at $35.4 billion, down from the $36.1 billion revision at the end of 2019 in the mid-year review.

 

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US NRC issues final safety evaluation for NuScale SMR

NuScale SMR Design Certification marks NRC Phase 6 FSER approval, validating small modular reactor safety and design review, enabling UAMPS deployment at Idaho National Laboratory and advancing DOE partnerships and Canadian vendor assessments.

 

Key Points

It is the NRC FSER approval confirming NuScale SMR safety design, enabling licensed deployment and vendor reviews.

✅ NRC Phase 6 FSER concludes design certification review

✅ Valid 15 years; enables site-independent licensing

✅ 60 MW modules, up to 12 per plant; UAMPS project at Idaho National Laboratory

 

US-based NuScale Power announced on 28 August that the US Nuclear Regulatory Commission (NRC) had completed Phase 6 review—the last and final phase—of the Design Certification Application (DCA) for its small modular reactor (SMR) with the issuance of the Final Safety Evaluation Report (FSER).

The FSER represents completion of the technical review and approval of the NuScale SMR design. With this final phase of NuScale’s DCA now complete, customers can proceed with plans to develop NuScale power plants as Ontario breaks ground on first SMR projects advance, with the understanding that the NRC has approved the safety aspects of the NuScale design.

“This is a significant milestone not only for NuScale, but also for the entire US nuclear sector and the other advanced nuclear technologies that will follow,” said NuScale chairman and CEO John Hopkins.

“The approval of NuScale’s design is an incredible accomplishment and we would like to extend our deepest thanks to the NRC for their comprehensive review, to the US Department of Energy (DOE) for its continued commitment to our successful private-public partnership to bring the country’s first SMR to market, and to the many other individuals who have dedicated countless hours to make this extraordinary moment a reality,” he added. “Additionally, the cost-shared funding provided by Congress over the past several years has accelerated NuScale’s advancement through the NRC Design Certification process.”

NuScale’s design certification application was accepted by the NRC in March 2017. NuScale spent over $500 million, with the backing of Fluor, and over 2 million hours to develop the information needed to prepare its DCA application, an effort that, similar to Rolls-Royce’s MoU with Exelon, underscores private-sector engagement to advance nuclear innovation. The company also submitted 14 separate Topical Reports in addition to the over 12,000 pages for its DCA application and provided more than 2 million pages of supporting information for NRC audits.

NuScale’s SMR is a fully factory-fabricated, 60MW power module based on pressurised water reactor technology. The scalable design means a power plant can house up to 12 individual power modules, and jurisdictions like Ontario have announced plans for four SMRs at Darlington to leverage modularity.

The NuScale design is so far the only small modular reactor to undergo a design certification review by the NRC, while in the UK UK approval for Rolls-Royce SMR is expected by mid-2024, signaling parallel regulatory progress. The design certification process addresses the various safety issues associated with the proposed nuclear power plant design, independent of a specific site and is valid for 15 years from the date of issuance.

NuScale's first customer, Utah Associated Municipal Power Systems (UAMPS), is planning a 12-module SMR plant at a site at the Idaho National Laboratory as efforts like TerraPower's molten-salt mini-reactor advance in parallel. Construction was scheduled to start in 2023, with the first module expected to begin operation in 2026. However, UAMPS has informed NuScale it needs to push back the timeline for operation of the first module from 2026 to 2029, the Washington Examiner reported on 24 August.

The NuScale SMR is also undergoing a vendor design review with the Canadian Nuclear Safety Commission, amid provincial activity such as New Brunswick's SMR debate that highlights domestic interest. NuScale has signed agreements with entities in the USA, Canada, Romania, the Czech Republic, and Jordan.

 

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Edmonton's 1st electric bus hits city streets

Edmonton Electric Buses usher in zero-emission public transit with Proterra battery-electric vehicles, 350 km range, quiet rides, winter-ready performance, and overhead depot chargers, as ETS rolls out Canada's largest electric fleet across city routes.

 

Key Points

Battery-electric ETS vehicles from Proterra deliver zero-emission service, 350 km range, and winter-capable operation.

✅ Up to 350 km per charge; overhead depot fast chargers

✅ Quiet, smooth rides; zero tailpipe emissions

✅ Winter-tested performance across ETS routes

 

Your next trip on Edmonton transit could be a historical one as the city’s first battery-electric bus is now on city streets, marking a milestone for Edmonton Transit Service, and neighboring St. Albert has also introduced electric buses as part of regional goals.

“Transit has been around since 1908 in Edmonton. We had some really small buses, we had some trolley buses several years later. It’s a special day in history today,” Ryan Birch, acting director of transit operations, said. “It’s a fresh experience… quiet, smooth riding. It’s going to be absolutely wonderful.”

In a news release, Mayor Don Iveson called it the largest purchase of electric buses in Canadian history, while North America's largest electric bus fleet operates in Toronto today, and Metro Vancouver has buses on the road as well this year.

“Electric buses are a major component of the future of public transit in our city and across Canada.”

As of Tuesday, 21 of the 40 electric buses had arrived in the city, and the Toronto Transit Commission has introduced battery-electric buses in Toronto as well this year.

“We’re going to start rolling these out with four or five buses per day until we’ve got all the buses in stock rolled out. On Wednesday we will have three or four buses out,” Birch said.

The remaining 19 are scheduled to arrive in the fall.

The City of Edmonton ordered the battery-electric buses from Proterra, an electric bus supplier, while Montreal's STM has begun rolling out electric buses of its own recently.

The fleet can travel up to 350 kilometres on a single charge and the batteries work in all weather conditions, including Edmonton’s harsh winters, and electric school buses in B.C. have also taken to the roads in cold climates recently.

In 2015, ETS winter tested a few electric buses to see if the technology would be suitable for the city’s climate and geography amid barriers to wider adoption that many agencies consider.

“These buses are designed to handle most of our routes,” Birch said. “We are confident they will be able to stand up to what we expect of them.”

ETS is the first transit agency in North America to have overhead chargers installed inside transit facilities, which helps to save floor space.

 

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Parsing Ontario's electricity cost allocation

Ontario Global Adjustment and ICI balance hydro rates, renewable cost shift, and peak demand. Class A and Class B customers face demand response decisions amid pandemic occupancy uncertainty and volatile GA charges through 2022.

 

Key Points

A pricing model where GA costs and ICI peak allocation shape Class A/B bills, driven by renewables cost shifts.

✅ Renewable cost shift trims GA; larger Class A savings expected.

✅ Class A peak strategy returns; occupancy uncertainty persists.

✅ Class B faces volatile GA; limited levers beyond efficiency.

 

Ontario’s large commercial electricity customers can approach the looming annual decision about their billing structure for the 12 months beginning July 1 with the assurance of long-term relief on a portion of their costs, amid changes coming for electricity consumers that could affect planning. That’s to be weighed against uncertainties around energy demand and whether a locked-in cost allocation formula that looked favourable in pre-pandemic times will remain so until June 30, 2022.

“The biggest unknown is we just don’t know when the people are coming back,” Jon Douglas, director of sustainability with Menkes Property Management Services, reflected during a webinar sponsored by the Building Owners and Managers Association (BOMA) of Greater Toronto last week. “The occupancy in our office buildings this fall, and going into the new year, could really impact the outcome of the decision.”

After a year of operational upheaval and more modifications to provincial electricity pricing policies, BOMA Toronto’s regularly scheduled workshop ahead of the June 15 deadline for eligible customers to opt into the Industrial Conservation Initiative (ICI) program had a lot of ground to cover. Notably, beginning in January, all commercial customers have seen a reduction in the global adjustment (GA) component of their monthly hydro bills after the Ontario government shifted costs associated with contracted non-hydroelectric renewable supply to reduce the burden on industrial ratepayers from electricity rates to the general provincial account — a move that trims approximately $258 million per month from the total GA charged to industrial and commercial customers. However, they won’t garner the full benefit of that until 2022 since they’re currently repaying about $333 million in GA costs that were deferred in April, May and June of 2020.

Renewable cost shift pares the global adjustment
For now, Ontario government officials estimate the renewable cost shift equates to a 12 per cent discount relative to 2020 prices, even as typical bills may rise about 2% as fixed pricing ends in some cases. Once last year’s GA deferral is repaid at the end of 2021, they project the average Class A customer participating in the ICI program should realize a 16 per cent saving on the total hydro bill, while Class B customers paying the GA on a volumetric per kilowatt-hour (kWh) basis will see a slightly more moderate 15 per cent decrease.

“This is the biggest change to electricity pricing that’s happened since the introduction of ICI,” Tim Christie, director of electricity policy, economics and system planning for Ontario’s Ministry of Energy, Northern Development and Mines, told online workshop attendees. “The government is funding the out-of-market costs of renewables. It does tail off into the 2030s as those contracts (for wind, solar and biomass generation) expire, but over the next eight-ish years, it’s pretty steady at around just over $3 billion per year.”

Extrapolating from 2020 costs, he pegged average electricity costs at roughly 9.1 cents/kWh for Class A commercial customers and 13.2 cents/kWh for Class B, a point of concern for Ontario manufacturers facing high rates as well. However, energy management specialists suggest actual 2021 numbers haven’t proved that out.

“In commercial buildings, we’re averaging 10 to 12 cents for Class A in 2021, and we’re seeing more than that for about 14, 15 cents for Class B,” reported Scott Rouse, managing partner with the consulting firm, Energy@Work.

GA costs for Class B customers dropped nearly 30 per cent in the first four months of 2021 compared to the last four months of 2020, when they averaged 11.8 cents/kWh. Thus far, though, there have been significant month-to-month fluctuations, with a low of 5.04 cents/kWh in February and a high of 10.9 cents/kWh in April contributing to the four-month average of 8.3 cents/kWh.

“In 2020, system-wide GA very often averaged more than $1 billion per month,” Rouse said. “This February it dropped to $500 million, which was really quite surprising. So it is a very volatile cost.”

Although welcome, the renewable cost shift does alter the payback on energy-saving investments, particularly for demand response mechanisms like energy storage. When combined with pandemic-related uncertainty and a series of policy and program reversals alongside calls to clean up Ontario’s hydro policy in recent years, the industry’s appetite for some more capital-intensive technologies appears to be flagging.

“Volatility puts a pause on some of the innovation,” said Terry Flynn, general manager with BentallGreenOak and chair of BOMA Toronto’s energy committee. “It could be a leading edge, but it might be a bleeding edge that won’t bear any fruit because the way the commodity costs are structured will change.”

“There’s kind of a wait-and-see approach on some of these bigger investments,” Douglas concurred.

Industrial Conservation Initiative underpins commercial class divide
Turning to the ICI, Class A customers — defined as those with average monthly energy demand of at least 1 megawatt (MW) — encountered some unexpected changes to the program rules during 2020. Meanwhile, Class B customers — encompassing the vast share of commercial properties smaller than about 350,000 square feet — confront the persistent reality of electricity cost allocation that offloads the burden from larger players onto them.

Through the ICI, participating Class A customers pay a share of the global adjustment that’s prorated to their energy use during the five hours of the period from May 1 to April 30 when the highest overall system demand is recorded. This gives Class A customers the opportunity to lock in a favourable factor for calculating their share of monthly system-wide global adjustment costs if they can successful project and curtail energy loads during those five hours of peak demand. On the flipside, Class B customers pay the remainder of those system-wide costs, on a straightforward per-kWh basis, once Class A payments have been reconciled.

“Class B has sometimes been regarded as the forgotten middle child of the customer classes in Ontario where all the shifted costs in the system kind of pile up,” acknowledged Mark Olsheski, vice president, energy and environment, with Sussex Strategy Group. “Likewise, there can be big unpredictable and uncontrollable swings in the global adjustment rate from month to month and, outside of pure energy efficiency, there really is precious little opportunity or empowerment for a Class B customer to take actions to lower their bills.”

Nevertheless, COVID-19 presents a few extra hiccups for Class A customers this year. Conventionally, late May is when they receive notification of the cost allocation factor that would be used to determine their GA for the upcoming July 1 to June 30 period. This year, though, all current ICI participants will retain the factor they secured by responding to the five hours of peak demand during the 12 months from May 1, 2019 to April 30, 2020 after the Ontario government placed a temporary halt on the peak demand response aspect of the program last summer. Regardless, eligible ICI participants must formally opt into the program by June 15 or they will be billed as Class B customers.

Peak chasing resumes for summer 2021
Since peak demand hours conventionally occur from June to September, Class A customers will once again be studying forecasts intently and preparing to respond via Peak Perks as the heat wave season sets in. That should help alleviate some of the system stresses that arose last summer — prompting policy-makers to reject lobbying for a continued pause on peak demand response.

“The policy rationale was to allow consumers to focus on their operations when recovering from COVID as opposed to reducing peaks. The other issue was that we did not expect the peaks to be high last summer given COVID shutdowns,” Christie recounted. “But due to some hot weather, more people at home and also the lack of ICI response, we saw peaks we haven’t seen in many, many years come up last summer. So the peak hiatus has ended and this summer we’ll be back to responding to ICI as per normal.”

Among Class A customers, owners/managers of office and retail facilities generally have the most to lose from a billing formula tied to the energy demand of more densely occupied buildings in the summer of 2019. However, they could be much more competitively positioned for 2022-23 if their buildings remain below full occupancy and energy demand stays lower than usual this summer.

“Where we can improve is the IESO (Independent Electricity System Operator) and the LDCs (local distribution companies) need to help customers get their real-time data, especially in light of the phantom demand issue, interpret their bills and their Class A versus B scenarios much more easily and comprehensively,” urged Lee Hodgkinson, vice president, technical services, sustainability and ESG, with Dream Unlimited. “ I look for APIs (application programming interface) and direct data flow from the LDCs to the building owners so that we can access that data really easily.”

Given Class A’s historic advantages, few eligible ICI participants are expected to migrate out to Class B. From a sustainability perspective, there’s perhaps more cause to question how the ICI’s 1-MW threshold encourages strategies to move in the other direction.

“You could jack up demand in some buildings and get them into Class A basically by firing up the chillers on the weekend and then pouring cooling outside to get rid of it,” Douglas noted. “That has nothing to do with climate change strategy or sustainability, but it’s a cost- saving strategy, and, sometimes, when you look at the math, it’s hundreds of thousands of dollars you can save.”

Brian Hewson, vice president, consumer protection and industry performance with the Ontario Energy Board (OEB), confirmed the OEB is currently scrutinizing the discrepancy that leaves Class B as the only consumer group with no flexibility to curtail energy load during higher-priced periods, and will be providing advice to the Ministry of Energy. In the interim, that status does, at least, simplify tactics.

“Just reduce your kWh and it doesn’t matter what time of day because you’re paying that fixed rate for 24 hours a day. So if you can curb your demand at night, you get a big bang for your dollar,” Rouse advised.

“We do talk about rates a lot, but if you’re not using it, you’re not paying for it,” Flynn agreed. “A lot of our focus is still on really to try to reduce the number of kilowatts that we use. That seems to be the best thing to do.”

 

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

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

 

Key Points

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

✅ Judge Alsup bars dividends until mitigation targets met

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

✅ Measures tied to probation amid bankruptcy and liabilities

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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TVA faces federal scrutiny over climate goals, electricity rates

TVA Rates and Renewable Energy Scrutiny spotlights electricity rates, distributed energy resources, solar and wind deployment, natural gas plans, grid access charges, energy efficiency cuts, and House oversight of lobbying, FERC inquiries, and least-cost planning.

 

Key Points

A congressional probe into TVA pricing and practices affecting renewables, energy efficiency, and climate goals.

✅ House panel probes TVA rates, DER and solar policies.

✅ Efficiency programs cut; least-cost planning questioned.

✅ Inquiry on lobbying, hidden fees; FERC scrutiny.

 

The Tennessee Valley Authority is facing federal scrutiny about its electricity rates and climate action, amid ongoing debates over network profits in other markets.

Members of the House Committee on Energy and Commerce are “requesting information” from TVA about its ratepayer bills and “out of concern” that TVA is interfering with the deployment of renewable and distributed energy resources, even as companies such as Tesla explore electricity retail to expand customer options.

“The Committee is concerned that TVA’s business practices are inconsistent with these statutory requirements to the disadvantage of TVA’s ratepayers and the environment,” the committee said in a letter to TVA CEO Jeffrey Lyash.

The four committee members — U.S. Reps. Frank Pallone, Jr. (D-NJ), Bobby L. Rush (D-IL), Diana DeGette (D-CO), and Paul Tonko (D-NY) — suggested that Tennessee Valley residents pay too much for electricity despite TVA’s relatively low rates, even as regulators have, in other cases, scrutinized mergers like the Hydro One-Avista deal to safeguard ratepayers, underscoring similar concerns. In 2020, Tennessee residents had electric bills higher than the national average, while low-income residents in Memphis have historically faced one of the highest energy burdens in the U.S.

In 2018, TVA reduced its wholesale rate while adding a grid access charge on local power companies—and interfered with the adoption of solar energy. Internal TVA documents obtained through a Freedom of Information Act request by the Energy and Policy Institute revealed that TVA permitted local power companies to impose new fees on distributed solar generation to “lessen the potential decrease in TVA load that may occur through the adoption of [behind the meter] generation.”

Additionally, the committee said TVA is not prioritizing energy conservation and efficiency or “least-cost planning” that includes renewables, as seen in oversight such as the OEB's Hydro One rates decision emphasizing cost allocation. TVA reduced its energy efficiency programs by nearly two-thirds between 2014 and 2018 and cut its energy efficiency customer incentive programs.

At this time, TVA has not aligned its long-term planning with the Biden administration’s goal to achieve a carbon-free electricity sector by 2035. TVA’s generation mix, which is roughly 60% carbon-free, comprises 39% nuclear, 19% coal, 26% natural gas, 11% hydro, 3% wind and solar, and 1% energy efficiency programs, according to TVA.

The committee is “greatly concerned that TVA has invested comparatively little to date in deploying solar and wind energy, while at the same time considering investments in new natural gas generation.”

TVA has announced plans to shutter the Kingston and Cumberland coal plants and is evaluating whether to replace this generation with natural gas, which is a fossil fuel, while debates over grid privatization raise questions about consumer benefits. TVA’s coal and natural gas plants represent most of the largest sources of greenhouses emissions in Tennessee.

TVA responded with a statement without directly addressing the committee’s concerns. TVA said its “developing and implementing emerging technologies to drive toward net-zero emissions by 2050.”

The final question that the House committee posed is whether TVA is funding any political activity. In 2019, the committee questioned TVA about its membership to the now-disbanded Utility Air Regulatory Group, a coalition that was involved in over 200 lawsuits that primarily fought Clear Air Act regulations.

TVA revealed that it had contributed $7.3 million to the industry lobbying group since 2001. Since TVA doesn’t have shareholders, customers paid for UARG membership fees, echoing findings that deferred utility costs burden customers in other jurisdictions. An Office of the Inspector General investigation couldn’t prove whether TVA’s contributions directly funded litigation because UARG didn’t have a line-by-line accounting of what they did with TVA’s dollars.

The congressional committee questioned whether TVA is still paying for lobbying or litigation that opposes “public health and welfare regulations.”

This last question follows a recent trend of questioning utilities about “hidden fees.” In December, the Federal Energy Regulatory Commission issued a Notice of Inquiry to examine how bills from investor-owned utilities might contain fees that fund political activity, and regulators have penalized firms like NT Power over customer notice practices, highlighting consumer protection. The Center for Biological Diversity filed a petition to protect electric and gas customers of investor-owned utilities from paying these fees, which may be used for lobbying, campaign-related donations and litigation.

 

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