Workers beat Hydro One again

By Financial Post


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If nothing else there was the stark contrast: On the same day the government of Ontario released the list of employees who earn more than $100,000 a year came news that the Ontario Superior Court of Justice had delivered a massive victory for the little guy, specifically 73 former middle managers with Hydro One, the province's power distribution-and-transmission utility.

The group were terminated in late 2002 as part of a cost-reduction program.

While the group, many of whom were nearing retirement, received a severance, no proper adjustment was made to their pensions. (They were all members of the Hydro One pension plan.) In essence, the workers wanted to start receiving their much-reduced pensions earlier than would otherwise be the case. Having access to the pension would alleviate some of the financial hardship they were facing.

But they were denied, and that's what upset them. So they launched a process and five years-plus later, they have just been told the Superior Court agrees with their point of view. That decision, plus a decision in favour of the workers made by the Financial Services Tribunal of Ontario last year, means the current scorecard runs this way: Workers 2, Hydro One 0.

And the three Superior Court Justices - Frances Kiteley, Peter Cumming and Douglas Shaw - didn't hold back in their 12-page verdict. They cited the FST's ruling, which said "the merger was an excuse, rather than a reason to further thin out staff, particularly staff with some seniority."

And for good measure they added: "We conclude... (that) the number of terminated employees can be significant as an absolute number.... We do not agree with Hydro One's assertion that the words 'significant number' must be determined by comparing the number of affected pension plan members against the total active membership." The three justices also awarded costs against Hydro One.

It's not known how Hydro One, currently 0 for 2 on this matter, intends to deal with the latest defeat. "Hydro One is reviewing the Superior Court decision and we will be considering options," said a spokesperson.

While the utility mulls a response, what's known is that it has spent a pile on legal bills over the past five years-plus on an argument that has been soundly rejected by the Financial Services Tribunal and by the Superior Court of Justice. Of course, the legal bills end up being paid by the province's electricity ratepayers.

For the 73 laid-off workers, the hope presumably is that Hydro One recognizes the two decisions and acts accordingly. Sack Goldblatt Mitchell, the law firm that acted for the 73 former workers, could not be reached.

Here is the time line:

Late 2002: 73 middle-level managers are laid off.

2003: The group requested the Financial Services Commission of Ontario, whose mandate is to protect workers' rights under the Pensions Benefits Act, order a partial windup of the Hydro One Pension Plan with respect to the management compensation plan.

2005: The FSC0 declined that request. The group then appealed to the Financial Services Tribunal, which in 2007 ruled in their favour. The FST noted the failure of Hydro One to provide those terminated with the rights and privileges afforded other groups downsized during the same period.

2007: Hydro One appealed the decision to the Superior Court.

2008: Hydro One loses its appeal.

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Plan to End E-Vehicle Subsidies Sparks Anger in Germany

Germany EV Subsidy Cut triggers budget-crisis fallout in the automotive industry, after a constitutional court ruling; EV incentives end, threatening electromobility adoption, manufacturer competitiveness, 2030 targets, and demand amid Chinese competition and weak global growth.

 

Key Points

A sudden end to Germany's EV incentives due to a budget shortfall after a court ruling, hurting automakers and adoption.

✅ Ends buyer rebates amid budget crisis ruling

✅ Risks 2030 EV targets and industry competitiveness

✅ Weak demand and China competition intensify

 

The German government has faced a backlash after abruptly ending an electric car subsidy scheme in a blow to the already struggling automotive industry.

The scheme is one of the casualties of a budget crisis caused by a shock constitutional court ruling in November that upended the government's spending plans.

The economy ministry said Saturday that Sunday would be the last day prospective buyers could apply for the scheme, which paid out thousands of euros per customer to partially cover the cost of buying an electric car today.

A spokesman for the ministry admitted it was an "unfortunate situation" for consumers who had been hoping to take advantage of the subsidy, but it had no choice "because there is no longer enough money available."

Analyst Ferdinand Dudenhoeffer from the Center for Automotive Research warned the decision could have dramatic consequences amid a Europe EV slump already pressuring demand.

"The competitiveness of [auto] manufacturers will now be severely damaged," Dudenhoeffer told the Rheinische Post newspaper.

The Handelsblatt business daily had already warned that scrapping the scheme risked jeopardizing Germany's plans to get 15 million electric cars on the road by 2030, even though the EU EV share grew during lockdowns earlier in the pandemic.

"This goal was already considered extremely unrealistic. Now it seems completely illusory," it wrote.

In the UK, analysts warn that electric cars could cost more if a post-Brexit deal is not reached, underscoring wider market uncertainties.

A total of around 10 billion euros ($1.1 billion) has been paid out since 2016 under the scheme for around 2.1 million electric vehicles, according to the economy ministry.

Germany's flagship automotive industry, including Volkswagen, has been struggling with the transition to electromobility due to a weak global economy and low levels of demand.

In addition, it is facing a serious challenge from homegrown rivals in China, one of its most important markets, as France moves to discourage Chinese EVs with new rules.

"The Chinese are massively expanding their car industry because they have customers. Our manufacturers no longer have any," Dudenhoeffer said, as France's incentive rules make the market tougher for Chinese brands.

Germany's highest court decided last month that the government had broken a constitutional debt rule when it transferred 60 billion euros earmarked for pandemic support to a climate fund.

The bombshell ruling blew a huge hole in spending plans and plunged Chancellor Olaf Scholz's three-way coalition into turmoil.

After adopting an emergency budget for 2023, Scholz and his junior coalition partners battled for weeks before finally finding an agreement for 2024.

 

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Neo-Nazi, woman accused of plotting 'hate-fueled attacks' on power stations, federal complaint says

Baltimore Substation Attack Plot highlights alleged neo-Nazi plans targeting electrical substations and the power grid, as FBI and DHS warn of domestic extremism threats to critical infrastructure, with arrests in Maryland disrupting potential sniper attacks.

 

Key Points

An alleged extremist plot to disable Baltimore's power grid by shooting substations, thwarted by federal arrests.

✅ Two suspects charged in Maryland conspiracy

✅ Targets included five substations around Baltimore

✅ FBI cites domestic extremism threat to infrastructure

 

A neo-Nazi in Florida and a Maryland woman conspired to attack several electrical substations in the Baltimore area, federal officials say.

Sarah Beth Clendaniel and Brandon Clint Russell were arrested and charged in a conspiracy to disable the power grid by shooting out substations via "sniper attacks," according to a criminal complaint from the U.S. Attorney's Office for the District of Maryland.

Clendaniel allegedly said she wanted to "completely destroy this whole city" and was planning to target five substations situated in a "ring" around Baltimore, the complaint said. Russell is part of a violent extremist group that has cells in multiple states, and he previously planned to attack critical infrastructure in Florida, the complaint said.

"This planned attack threatened lives and would have left thousands of Marylanders in the cold and dark," Maryland U.S. Attorney Erek Barron said in a press release. "We are united and committed to using every legal means necessary to disrupt violence, including hate-fueled attacks."

The news comes as concerns grow about an increase in targeted substation attacks on U.S. substations tied to domestic extremism.

 

What to know about substation attacks

Federal data shows vandalism and suspicious activities at electrical facilities soared nationwide last year, and cyber actors have accessed utilities' control rooms as well.

At the end of the year, attacks or potential attacks were reported on more than a dozen substations and one power plant across five states, and Symantec documented Russia-linked Dragonfly activity targeting the energy sector earlier. Several involved firearms.

In December, targeted attacks on substations in North Carolina left tens of thousands without power amid freezing temperatures, spurring renewed focus on protecting the U.S. power grid among officials. The FBI is investigating.

Vandalism at facilities in Washington left more than 21,000 without electricity on Christmas Day, even as hackers breached power-plant systems in other states. Two men were arrested, and one told police he planned to disrupt power to commit a burglary.

The Department of Homeland Security last year said domestic extremists had been developing "credible, specific plans" since at least 2020 and would continue to "encourage physical attacks against electrical infrastructure," and the U.S. government has condemned Russia for power grid hacking as well.

Last February, three neo-Nazis pleaded guilty to federal crimes related to a scheme to attack the grid with rifles, with each targeting a substation in a different region of the U.S., even as reports that Russians hacked into US electric utilities drew widespread attention.

 

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Why the shift toward renewable energy is not enough

Shift from Fossil Fuels to Renewables signals an energy transition and decarbonization, as investors favor wind and solar over coal, oil, and gas due to falling ROI, policy shifts, and accelerating clean-tech innovation.

 

Key Points

An economic and policy-driven move redirecting capital from coal, oil, and gas to scalable wind and solar power.

✅ Driven by ROI, risk, and protests curbing fossil fuel projects

✅ Coal declines as wind and solar capacity surges globally

✅ Policy, technology, and markets speed the energy transition

 

This article is an excerpt from "Changing Tides: An Ecologist's Journey to Make Peace with the Anthropocene" by Alejandro Frid. Reproduced with permission from New Society Publishers. The book releases Oct. 15.

The climate and biodiversity crises reflect the stories that we have allowed to infiltrate the collective psyche of industrial civilization. It is high time to let go of these stories. Unclutter ourselves. Regain clarity. Make room for other stories that can help us reshape our ways of being in the world.

For starters, I’d love to let go of what has been our most venerated and ingrained story since the mid-1700s: that burning more fossil fuels is synonymous with prosperity. Letting go of that story shouldn’t be too hard these days. Financial investment over the past decade has been shifting very quickly away from fossil fuels and towards renewable energies, as Europe's oil majors increasingly pivot to electrification. Even Bob Dudley, group chief executive of BP — one of the largest fossil fuel corporations in the world — acknowledged the trend, writing in the "BP Statistical Review of World Energy 2017": "The relentless drive to improve energy efficiency is causing global energy consumption overall to decelerate. And, of course, the energy mix is shifting towards cleaner, lower carbon fuels, driven by environmental needs and technological advances." Dudley went on:

Coal consumption fell sharply for the second consecutive year, with its share within primary energy falling to its lowest level since 2004. Indeed, coal production and consumption in the U.K. completed an entire cycle, falling back to levels last seen almost 200 years ago around the time of the Industrial Revolution, with the U.K. power sector recording its first-ever coal-free day in April of this year. In contrast, renewable energy globally led by wind and solar power grew strongly, helped by continuing technological advances.

According to Dudley’s team, global production of oil and natural gas also slowed down in 2016. Meanwhile, that same year, the combined power provided by wind and solar energy increased by 14.6 percent: the biggest jump on record. All in all, since 2005, the installed capacity for renewable energy has grown exponentially, doubling every 5.5 years, as investment incentives expand to accelerate clean power.

The shift away from fossil fuels and towards renewables has been happening not because investors suddenly became science-literate, ethical beings, but because most investors follow the money, and Trump-era oil policies even reshaped Wall Street’s energy strategies.

It is important to celebrate that King Coal — that grand initiator of the Industrial Revolution and nastiest of fossil fuels — has just begun to lose its power over people and the atmosphere. But it is even more important to understand the underlying causes for these changes. The shift away from fossil fuels and towards renewables has been happening not because the bulk of investors suddenly became science-literate, ethical beings, but because most investors follow the money.

The easy fossil fuels — the kind you used to be able to extract with a large profit margin and relatively low risk of disaster — are essentially gone. Almost all that is left are the dregs: unconventional fossil fuels such as bitumen, or untapped offshore oil reserves in very deep water or otherwise challenging environments, like the Arctic. Sure, the dregs are massive enough to keep tempting investors. There is so much unconventional oil and shale gas left underground that, if we burned it, we would warm the world by 6 degrees or more. But unconventional fossil fuels are very expensive and energy-intensive to extract, refine and market. Additionally, new fossil fuel projects, at least in my part of the world, have become hair triggers for social unrest. For instance, Burnaby Mountain, near my home in British Columbia, where renewable electricity in B.C. is expanding, is the site of a proposed bitumen pipeline expansion where hundreds of people have been arrested since 2015 during multiple acts of civil disobedience against new fossil fuel infrastructure. By triggering legal action and delaying the project, these protests have dented corporate profits. So return on investment for fossil fuels has been dropping.

It is no coincidence that in 2017, Petronas, a huge transnational energy corporation, withdrew their massive proposal to build liquefied natural gas infrastructure on the north coast of British Columbia, as Canada's race to net-zero gathers pace across industry. Petronas backed out not because of climate change or to protect essential rearing habitat for salmon, but to backpedal from a deal that would fail to make them richer.

Shifting investment away from fossil fuels and towards renewable energy, even as fossil-fuel workers signal readiness to support the transition, does not mean we have entirely ditched that tired old story about fossil fuel prosperity.

Neoliberal shifts to favor renewable energies can be completely devoid of concern for climate change. While in office, former Texas Gov. Rick Perry questioned climate science and cheered for the oil industry, yet that did not stop him from directing his state towards an expansion of wind and solar energy, even as President Obama argued that decarbonization is irreversible and anchored in long-term economics. Perry saw money to be made by batting for both teams, and merely did what most neoliberal entrepreneurs would have done.

The right change for the wrong reasons brings no guarantees. Shifting investment away from fossil fuels and towards renewable energy does not mean we have entirely ditched that tired old story about fossil fuel prosperity. Once again, let’s look at Perry. As U.S. secretary of energy under Trump’s presidency, in 2017 he called the global shift from fossil fuels "immoral" and said the United States was "blessed" to provide fossil fuels for the world.

 

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The Need for Electricity During the COVID-19 Pandemic

US utilities COVID-19 resilience shows electric utilities maintaining demand stability, reaffirming earnings guidance, and accessing the bond market for low-cost financing, as Dominion, NextEra, and Con Edison manage recession risks.

 

Key Points

It is the sector's capacity to sustain demand, financing access, and guidance despite pandemic recession pressures.

✅ Bond market access locks in low-cost, long-term debt

✅ Stable residential load offsets industrial weakness

✅ Guidance largely reaffirmed by major utilities

 

Dominion Energy (D) expects "incremental residential load" gains, consistent with COVID-19 electricity demand patterns, as a result of COVID-19 fallout. Southern Company CEO Tom Fanning says his company is "nowhere near" a need to review earnings guidance because of a potential recession, in a region where efficiency and demand response can help level electricity demand for years.

Sempra Energy (SRE) has reaffirmed earnings per share guidance for 2020 and 2021, as well timing for the sale of assets in Chile and Peru, and peers such as Duke Energy's renewables plan have reaffirmed capital investments to deliver cleaner energy and economic growth. And Xcel Energy (XEL) says it still "hasn’t seen material impact on its business."

Several electric utilities have demonstrated ability to tap the bond market, in line with utility sector trends in recent years, to lock in low-cost financing, as America moves toward broader electrification, despite ongoing turmoil. Their ranks include Dominion Energy, renewable energy leader NextEra Energy (NEE) and Consolidated Edison (ED), which last week sold $1 billion of 30-year bonds at a coupon rate of just 3.95 percent.

It’s still early days for US COVID-19 fallout. And most electric companies have yet to issue guidance. That’s understandable, since so much is still unknown about the virus and the damage it will ultimately do to human health and the global economy. But so far, the US power industry is showing typical resilience in tough times, as it coordinates closely with federal partners to maintain reliability.

Will it last? We won’t know for certain until there’s a lot more data. NextEra is usually first to report its Q1 earnings reports and detailed guidance. But that’s not expected until April 23. And companies may delay financials further, should the virus and efforts to control it impede collection and analysis of data, and as they address electricity shut-off risks affecting customers.

 

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Closure of 3 Southern California power plants likely to be postponed

California Gas Plant Extensions keep Ormond Beach, AES Alamitos, and Huntington Beach on standby for grid reliability during heat waves, as regulators balance renewables, battery storage, and power, pending State Water Resources Control Board approval.

 

Key Points

State plan extending three coastal gas plants to 2026, adding capacity as California expands renewables and storage.

✅ Extends Ormond Beach, AES Alamitos, AES Huntington Beach

✅ Mitigates blackout risk during extreme heat and peak demand

✅ Pending State Water Resources Control Board approval

 

Temperatures in many California cities are cooling down this week, but a debate is simmering on how to generate enough electricity to power the state through extreme weather events while transitioning away from a reliance on fossil fuels as clean energy progress indicates statewide.

The California Energy Commission voted Wednesday to extend the life of three gas power plants along the state’s southern coast through 2026, even as natural-gas electricity records persist nationwide, postponing a shutoff deadline previously set for the end of this year. The vote would keep the decades-old facilities _ Ormond Beach Generating Station, AES Alamitos and AES Huntington Beach — open so they can run during emergencies.

The state is at a greater risk of blackouts during major events when many Californians simultaneously crank up their air conditioning, such as a blistering heat wave, illustrated by widespread utility shutoffs in recent years.

“We need to move faster in incorporating renewable energy. We need to move faster at incorporating battery storage. We need to build out chargers faster,” commissioner Patricia Monahan said amid an ongoing debate over the classification of nuclear power in California. “We’re working with all the energy institutions to do that, but we are not there yet.”

The plan, put together by the state’s Department of Water Resources, still needs final approval from the State Water Resources Control Board, which may vote on the issue next week. Democratic Gov. Gavin Newsom signed legislation last year creating an energy reserve the state could use as a last resort if there is likely to be an energy shortage, a challenge mirrored by Ontario electricity shortfall concerns elsewhere. The law allowed the Department of Water Resources to fund or secure power sources in those instances, after PG&E shutdown reasons drew attention to grid vulnerabilities.

The commission acknowledged it was a difficult decision. Environmentalists say the state needs to transition to more short- and long-term solutions that will help it move away from fossil fuels and to rely more on renewable energy sources like solar and wind, similar to Ontario's clean power push in recent years. They’re also concerned about the health impacts associated with pollution from gas plants.

 

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Opinion: With deregulated electricity, no need to subsidize nuclear power

Pennsylvania Electricity Market Deregulation has driven competitive pricing, leveraged low-cost natural gas, and spurred private investment, jobs, and efficient power plants, while nuclear subsidies threaten wholesale market signals and long-term consumer savings.

 

Key Points

Policy that opens generation to competition, leverages cheap gas, lowers rates, and resists subsidies for nuclear plants.

✅ Competitive wholesale pricing benefits consumers statewide

✅ Gas-driven plants add efficient, flexible capacity and jobs

✅ Nuclear subsidies distort market signals and raise costs

 

For decades, the government regulation of Pennsylvania's electricity markets dictated all aspects of power generation resources in the state, thus restricting market-driven prices for consumers and hindering new power plant development and investment.

Deregulation has enabled competitive markets to drive energy prices downward, as recent grid auction payouts fell 64% indicate, which has transformed Pennsylvania from a higher-electricity-cost state to one with prices below the national average.

Recently, the economic advantage of abundant low-cost natural gas has spurred an influx of billions of dollars of private capital investment and thousands of jobs to construct environmentally responsible natural gas power generation facilities throughout the commonwealth — including our three power generation facilities in operation and one presently under construction.

Calpine is an independent power provider with a national portfolio of 80 highly efficient power plants in operation or under construction with an electric generating capacity of approximately 26,000 megawatts. Collectively, these resources can provide sufficient power for more than 30 million residential homes. We are not a regulated utility receiving a guaranteed rate of return on investment. Rather, Calpine competes to sell wholesale power into the electric markets, and the economics of supply and demand are fundamental to the success of our business.

Pennsylvania's deregulated electricity market is working. Consumers are benefiting from low-cost natural gas, as broader evidence shows competition benefits consumers and the environment across markets, and companies such as Calpine are investing billions of dollars and creating thousands of jobs to build advanced, energy efficient, environmentally responsible and flexible power generating facilities.

There are presently seven electric generating projects under construction in the commonwealth, representing about a $7 billion capital investment that will produce about 7,000 megawatts of efficient electrical power, with additional facilities being planned.

Looking back 20 years following the enactment of the Pennsylvania Electricity Generation Customer Choice and Competition Act, Pennsylvania's regulators and policymakers must conclude that the results of a free and fair market-driven structure have delivered indisputable benefits to the consumer, even amid potential winter rate spikes for residents, and the Pennsylvania economy.

While consumers are now reaping the benefits of open and competitive electricity markets, we see challenges on the horizon that could threaten the foundation of those markets. Due to pressure from nuclear power generators, state policymakers throughout the nation have been increasing efforts to impact the generation mix in their respective states by offering ratepayer funded subsidies to existing nuclear generation resources or by considering a market structure overhaul in New England.

Subsidizing one power generation type over others is having a significant, negative impact on wholesale electric markets, competitive retails markets and ultimately the cost the consumer will have to pay, and can exacerbate disruptions in coal and nuclear industries that strain the economy and risk brownouts.

In Pennsylvania, these subsidies would follow nearly $9 billion already paid by ratepayers to help the commonwealth's nuclear industry transition from regulated to competitive energy markets.

The deregulation of Pennsylvania's electricity markets in the late 1990s allowed the nuclear industry to receive billions of dollars from ratepayers to recover "stranded costs" related to investments in the commonwealth's nuclear plants. These costs were negotiated amounts based on settlements with Pennsylvania's Public Utility Commission to allow the nuclear industry to prepare and transition to competitive electricity markets.

Enough is enough. Regulatory or governmental interference in well functioning markets does not lead to better outcomes. Pennsylvania's state Legislature should not pick winners and losers by enacting legislation that would create an uneven playing field that subsidizes nuclear generating resources in the commonwealth.

William Ferguson is regional vice president for Calpine Corp.

 

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