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Manitoba Hydro Court Ruling affirms the Public Utilities Board exceeded its jurisdiction by ordering a First Nations rate class, overturning an electricity rates appeal tied to geography, poverty, and regulatory authority in Manitoba.

Key Points

A decision holding the PUB lacked authority to create a First Nations rate class, restoring uniform electricity pricing.

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

✅ Geography, not poverty, found decisive in unlawful rate class

Manitoba Hydro was wrongly forced to create a new rate class for electricity customers living on First Nations, the Manitoba Court of Appeal has ruled. 

The court decided the Public Utilities Board "exceeded its jurisdiction" by mandating Indigenous customers on First Nations could have a different electricity rate from other Manitobans. 

The board made the order in 2018, which exempted those customers from the general rate increase that year of 3.6 per cent.

"The directive constituted the creation and implementation of general social policy, an area outside of the PUB's jurisdiction and encroaching into areas that are better suited to the federal and provincial government," says the decision, which was released Tuesday.

Hydro's appeal of the PUB's decision went to court earlier this year.

At the time, the Crown corporation acknowledged many Indigenous people on First Nations live in poverty, but it argued the Public Utilities Board was overstepping its authority in trying to address the issue by creating a new rate class.

It also argued it was against provincial law to charge different rates in different areas of the province.

The PUB, however, insisted that legislation gives it the right to decide which factors are relevant when considering electricity prices, such as social issues. 

Special Manitoba Hydro rate class needed to offset challenges of living on First Nations, appeal court hears
Manitoba Hydro can appeal order to create special First Nation rate
The board had heard evidence that some customers were making "unacceptable" sacrifices to keep the lights on each month.

Decision 'heavy-handed': AMC
The Assembly of Manitoba Chiefs, an intervener in the appeal, had backed the utility board's position. It said on-reserve customers are disproportionately vulnerable to rate hikes over time.

Grand Chief Arlen Dumas said Wednesday he was surprised by the court's ruling. 

He argued Indigenous people are unduly excluded in the setting of electricity rates in Manitoba.

"I will be speaking with my federal and provincial counterparts on how we deal with this issue, because I think it's the wrong [decision]. It's heavy-handed and we need to address it."

The appeal court judges said there is past precedent for setting equal electricity rates, regardless of where customers live. Legislation to that effect was made in the early 2000s and a few years ago, the PUB recognized that geographical limitations should not be imposed on a class of customers.

Since the board's new order didn't extend the same savings to First Nations members who don't live on reserve but face similar financial circumstances, it is clear the deciding factor was geography, rather than poverty or treaty status, the judges said.

Manitoba Hydro temporarily cutting 200 jobs, many of them front-line workers
"In my view, the PUB erred in law when it created an on-reserve class based solely on a geographic region of the province in which customers are located," the decision read.

While Manitoba Hydro objected to the PUB's order in 2018, it still devoted money to create the new customer class.

Spokesperson Bruce Owen said the utility is still studying the impact of the court's decision, but it appreciates the ruling.  

"We all recognize that many people on First Nations have challenges, but our argument was solely on whether or not the PUB had the authority to create a special rate class based on where people live."

Owen added that Hydro recognizes electricity rates can be a hardship on individuals facing poverty. He said those considerations are part of the discussions the corporation has with the utilities board.

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EU Electricity Market Reform advances two-way CfDs, PPAs, and fixed-price tariffs to cut volatility, support renewables and nuclear, stabilize investor revenues, and protect consumers from price spikes across wholesale power markets.

Key Points

An EU plan expanding two-way CfDs, PPAs, and fixed-price contracts to curb price swings and support low-carbon power.

✅ Two-way CfDs return excess revenues to consumers

✅ Boosts PPAs and fixed-price retail options

✅ Targets renewables, nuclear; limits fossil exposure

The European Union wants to expand the use of contracts that pay power plants a fixed price for electricity, a draft proposal showed, as part of an electricity market revamp to shield European consumers from big price swings.

The European Commission pledged last year to reform the EU's electricity market rules, after record-high gas prices, caused by cuts to Russian flows, sent power prices soaring, prompting debates over gas price cap strategies in response.

A draft of the EU executive's proposal, seen by Reuters on Tuesday and due to be published on Mar. 16, steered clear of the deep redesign of the electricity market that some member states have called for, even as nine EU countries opposed sweeping reforms as a fix earlier in the crisis, suggesting instead limited changes to nudge countries towards more predictable, fixed-price power contracts.

If EU countries want to support new investments in wind, solar, geothermal, hydropower and nuclear electricity, for example - a point over which France and Germany have wrestled - they should use a two-way contract for difference (CfD) or an equivalent contract, the draft said.

The aim is to provide a stable revenue stream to investors, and help make consumers' energy bills less volatile, even though rolling back electricity prices is tougher than it appears. Restricting this support to renewable and low-carbon electricity also aims to speed up Europe's shift away from fossil fuels.

Two-way CfDs offer generators a fixed "strike price" for their electricity, regardless of the price in short-term energy markets. If the market price is above the CfD strike price, then the extra revenue the generator receives should be handed out to final electricity consumers, the draft EU document said.

Countries should also make it easier for power buyers to sign power purchase agreements (PPA) - another type of long-term contract to directly buy electricity from a generator.

Governments should also make sure consumers have access to fixed-price electricity contracts - echoing France's new electricity pricing scheme to reassure Brussels - giving them the option to avoid a contract that would expose them to volatile prices swings in energy markets, the draft said.

If European energy prices were to spike to extreme levels again, the Commission suggested allowing national governments to temporarily intervene to fix prices while weighing emergency measures to limit prices where needed, and offer consumers and small businesses a share of their electricity at a lower price.

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India Coal Supply Rationing redirects shipments from high-inventory power plants to stations facing shortages as electricity demand surges, inventories fall, and outages persist; Coal India, NTPC imports, and smaller mines bolster domestic supply.

Key Points

A temporary policy redirecting coal from high-stock plants to shortage-hit plants amid rising demand

✅ Shipments halted 1 week to plants with >14 days coal stock

✅ Smaller mines asked to raise output; NTPC to import 270,000 tons

✅ Outages at Adani and Tata Mundra units pressure domestic supply

India will ration coal supplies to power plants with high inventories to direct more shipments to stations battling shortages, even as shortages ease in some regions, as surging demand outstrips production.

Supplies to plants with more than two weeks’ coal inventory will be halted for a week, a team headed by federal Coal Secretary Alok Kumar decided on Saturday, the Power Ministry said in a statement. The government has also requested smaller mines to raise output to supplement shipments from state miner Coal India Ltd., and is taking steps to get nuclear back on track to diversify the energy mix.

A jump in electricity consumption spurred by a reviving economy and an extended summer, after an earlier steep demand decline in India, is driving demand for coal, which helps produce about 70% of the nation’s electricity. The surge in demand complicates India’s clean-energy transition efforts amid solar supply headwinds that cloud near-term alternatives, and may bolster arguments favoring the country’s dependence on coal to fuel economic growth.

“There’s no doubt India will continue to need coal for stable power for years,” said Rupesh Sankhe, vice president at Elara Capital India Pvt. in Mumbai. “Plants that meet environmental standards and are able to produce power efficiently will see utilization rising, but I doubt we’re going to have many new coal plants.”  

Coal stockpiles at the country’s power plants had fallen to 14.7 million tons as of Aug. 24, tumbling 62% from a year earlier, according to the latest data from the Central Electricity Authority. More than 88 gigawatts of generation plants, about half the capacity monitored by the power ministry, had inventories of six days or less as of that date, the data show. Power demand jumped 10.5% in July from a year earlier, even as global electricity use dipped 15% during the pandemic, according to the government.
Outages at some large plants that run on imported coal have increased the burden on those that burn domestic supplies, aiding shortfalls.

Adani Power Ltd. had almost 2 gigawatts of capacity in outage at its Mundra plant in Gujarat at the start of the week, while Tata Power Co. Ltd. had shut 80% of its 4-gigawatt plant in the same town for maintenance, power ministry data show.

NTPC Ltd., the largest power generator, will import the 270,000 tons of coal it left out from contracts placed earlier to mitigate the fuel shortage, reflecting higher imported coal volumes this fiscal, the power ministry said in a separate statement.

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Nova Scotia Integrated Resource Plan evaluates NSPI supply options, UARB oversight, Muskrat Falls imports, coal retirements, wind and biomass expansion, transmission upgrades, storage, and least-cost pathways to decarbonize the grid for ratepayers.

Key Points

A 25-year roadmap assessing supply, imports, costs, and emissions to guide least-cost decarbonization for Nova Scotia.

✅ Compares wind, biomass, gas, imports, and storage costs

✅ Addresses coal retirements, emissions caps, and reliability

✅ Recommends transmission upgrades and Muskrat Falls utilization

Maintaining a viable electricity network requires good long-term planning and, as a recent grid operations report notes, ongoing operational improvements. The existing stock of generating assets can become obsolete through aging, changes in fuel prices or environmental considerations. Future changes in demand must be anticipated.

Periodically, an integrated resource plan is created to predict how all this will add up during the ensuing 25 years. That process is currently underway and is led by Nova Scotia Power Inc. (NSPI) and will be submitted for approval to the Utilities and Review Board (UARB).

Coal-fired plants are still the largest single source of electricity in Nova Scotia. They need to be replaced with more environmentally friendly sources when they reach the end of their useful lives. Other sources include wind, hydroelectricity from rivers, biomass, as seen in increased biomass use by NS Power, natural gas and imports from other jurisdictions.

Imports are used sparingly today but will be an important source when the electricity from Muskrat Falls comes on stream. That project has big capacity. It can produce all the power needed in Newfoundland and Labrador (NL), where Quebec's power ambitions influence regional flows, plus the amount already committed to Nova Scotia, and still have a lot left over.

Some sources of electricity are more valuable than others. The daily amount of power from wind and solar cannot be controlled. Fuel-based sources and hydro can.

Utilities make their profits by providing the capital necessary to build infrastructure. Most of the money is borrowed but a portion, typically 30 per cent, usually comes from NSPI or a sister company. On that they receive a rate of return of nine per cent. Nova Scotia can borrow money today at less than two per cent.

The largest single investment of that type is the $1.577-billion Maritime Link connecting power from Newfoundland to Nova Scotia. It continues through to the New Brunswick border to facilitate exports to the United States. NSPI’s sister company, NSP Maritime Link Inc. (NSPML), is making nine per cent on $473 million of the cost.

There is little unexploited hydro capacity in Nova Scotia and there will not be any new coal-fired plants. Large-scale solar is not competitive in Nova Scotia’s climate. Nova Scotia’s needs would not accommodate the amount of nuclear capacity needed to be cost-effective, even as New Brunswick explores small reactors in its strategy.

So the candidates for future generating resources are wind, natural gas, biomass (though biomass criticism remains) and imports from other jurisdictions. Tidal is a promising opportunity but is still searching for a commercially viable technology. 

NSPI is commendably transparent about its process (irp.nspower.ca). At this stage there is little indication of the conclusions they are reaching but that will presumably appear in due course.

The mountains of detail might obscure the fact that NSPI is not an unbiased arbiter of choices for the future.

It is reported that they want to prematurely close the Trenton 5 coal plant in 2023-25. It is valued at $88.5 million. If it is closed early, ratepayers will still have to pay off the remaining value even though the plant will be idle. NSPI wants to plan a decommissioning of five of its other seven plants. There is a federal emissions constraint but retiring coal plants earlier than needed will cost ratepayers a lot.

Whenever those plants are closed, there will be a need for new sources of power. NSPI is proposing to plan for new investments in new transmission infrastructure to facilitate imports. Other possibilities would be additional wind farms, consistent with the shift to more wind and solar projects, thermal plants that burn natural gas or biomass, or storage for excess wind power that arrives before it can be used. The investment in storage could be anywhere from $20 million to $200 million.

These will add to the asset burden funded by ratepayers, even as industrial customers seek discounts while still paying for shuttered coal infrastructure.

External sources of new power will not provide NSPI the same opportunity: wind power by independent producers might be less expensive because they are willing to settle for less than nine per cent or because they are more efficient. Buying more power from Muskrat Falls will use transmission infrastructure we are already paying for. If a successful tidal technology is found, it will not be owned by NSPI or a sister company, which are no longer trying to perfect the technology.

This is not to suggest that NSPI would misrepresent the alternatives. But they can tilt the discussion in their favour. How tough will they be negotiating for additional Muskrat Falls power when it hurts their profits? Arguing for premature coal retirement on environmental grounds is fair game but whether the cost should be accepted is a political choice. 

NSPI is in a conflict of interest. We need a different process. An independent body should author the integrated resource plan. They should be fully informed about NSPI’s views.

They should communicate directly with Newfoundland and Labrador for Muskrat power, with independent wind producers, and with tidal power companies. The UARB cannot do any of these things.

The resulting plan should undergo the same UARB review that NSPI’s version would. This enhances the likelihood that Nova Scotians will get the least-cost alternative.

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Coal-to-Clean Energy Hubs leverage Bipartisan Infrastructure Law and Inflation Reduction Act funding to repurpose mine lands with microgrids, advanced nuclear, carbon capture, and rare earth processing, boosting energy security, jobs, and grid modernization.

Key Points

They are federal projects converting coal communities and mine lands into clean energy hubs, repurposing infrastructure.

✅ DOE demos on mine lands: microgrids, nuclear, carbon capture.

✅ Funding from BIL, CHIPS and IRA targets energy communities.

✅ Rare earths from coal waste bolster EV supply chains.

The Biden administration is channeling hundreds of millions of dollars in clean energy funding from recent legislation into its efforts to turn coal communities into clean energy hubs, the White House said.

The administration gave an update on its push across agencies to kick-start projects nationwide with funding Congress approved during Biden’s first two years in office. The effort includes $450 million from the Bipartisan Infrastructure Law that the Department of Energy will allocate to an array of new clean energy demonstration projects on former mine lands.

“These projects could focus on a range of technologies from microgrids to advanced nuclear to power plans with carbon capture,” Energy Secretary Jennifer Granholm said on a call with reporters Monday. “They’ll prove out the potential to reactivate or repurpose existing infrastructure like transmission lines and substations across an aging U.S. power grid, and these projects could spur new economic development in these communities.”

Among the projects the White House highlighted, it said $16 million from the infrastructure law will go to the University of North Dakota and West Virginia University to create design studies for the first-ever full-scale refinery facility in the U.S. that could extract and separate rare earth elements and minerals from coal mine waste streams. The materials are critical for electric vehicle-battery components that are currently heavily sourced from outside the U.S.

“Those efforts will pave the way toward building a first of its kind facility that produces essential materials for solar panels, wind turbines, EVs and more while cleaning up polluted land and water and creating good-paying jobs for local workers,” Granholm said.

Biden created an interagency working group focused on revitalizing coal-power communities through federal investments when he took office. In 2021, the group selected 25 priority areas ranging from West Virginia to Wyoming to focus on development, as high natural gas prices strengthened the case for clean electricity. There are nearly 18,000 identified mine sites across 1.5 million acres in the United States, according to the White House.

The massive effort fits into a broader Biden administration push to both fight climate change and support communities that have lost economic activity during a transition away from fossil fuel sources such as coal. While Biden’s most ambitious clean energy plans fell flat in Congress in the face of opposition from Republicans and some Democrats after the previous administration’s power plant overhaul, three major laws still unlocked funding for his administration to deploy.

Many of the initiatives are made possible through the Bipartisan Infrastructure Law, Chips and Science Act and the Inflation Reduction Act, even without a clean electricity standard on the books. The task force aims to make sure communities most affected by the changing energy landscape are taking maximum advantage of the federal benefits.

“Those new and expanded operations are coming to energy communities and creating good paying jobs,” Biden’s senior advisor for clean energy innovation and implementation John Podesta said on the call. “These laws can provide substantial federal support to energy communities like capping abandoned oil and gas wells, extracting critical minerals, building battery factories and launching demonstration projects in carbon capture or green hydrogen.”

The administration touted the potential benefits of the Inflation Reduction Act, a bill passed by Democrats to spur clean energy investments last year, even as early assessments show mixed results to date. At the time, U.S. consumers were dealing with decades-high inflation fueled in part by an energy crisis and high gas prices that drove debate — a point Republicans emphasized as the plan moved through Congress.

Deputy Treasury Secretary Wally Adeyemo said the Inflation Reduction Act aims to both “lower the deficit, as well as promote our energy security, lowering energy costs for consumers and combatting climate change.”

“As the Treasury works to implement the law, we’re focused on ensuring that all Americans benefit from the growth of the clean energy economy, particularly those who live in communities that have been dependent on the energy sector for job for a long time,” Adeyemo told reporters. “Economic growth and productivity are higher when all communities are able to reach their full potential.”

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EU-UK Coal Power Decline 2020 underscores Covid-19's impact on power generation, with renewables rising, carbon emissions falling, and electricity demand down, revealing resilient grids and accelerating the energy transition across European markets.

Key Points

Covid-19's impact on EU-UK power: coal down, renewables up, lower emissions intensity and reduced electricity demand.

✅ Coal generation down 25.5% EU-UK; 29% in March 10-April 10 period

✅ Renewables share up to 46%; grids remained stable and flexible

✅ Electricity demand fell 10%; emissions intensity dropped 19.5%

Coal based power generation has fallen by over a quarter (25.5%) across the European Union (EU) and United Kingdom (UK) in the first three months of 2020, compared to 2019, as a result of the response to Covid-19, with renewable energy reaching a 43% share, as wind and solar outpaced gas across the EU, according to new analysis by the technology group Wärtsilä.

The impact is even more stark in the last month, with coal generation collapsing by almost one third (29%) between March 10 and April 10 compared to the same period in 2019, making up only 12% of total EU and UK generation. By contrast, renewables delivered almost half (46%) of generation – an increase of 8% compared to 2019.

In total, demand for electricity across the continent is down by one tenth (10%), mirroring global demand declines of around 15%, due to measures taken to combat Covid-19, the biggest drop in demand since the Second World War. The result is an unprecedented fall in carbon emissions from the power sector, with emission intensity falling by 19.5% compared to the same March 10-April 10 period last year. The analysis comes from the Wärtsilä Energy Transition Lab, a new free-to-use data platform developed by Wärtsilä to help the industry, policy makers and the public understand the impact of Covid-19 on European electricity markets and analyse what this means for the future design and operation of its energy systems. The goal is to help accelerate the transition to 100% renewables.

Björn Ullbro, Vice President for Europe & Africa at Wärtsilä Energy Business, said: “The impact of the Covid-19 crisis on European energy systems is extraordinary. We are seeing levels of renewable electricity that some people believed would cause systems to collapse, yet they haven’t – in fact they are coping well. The question is, what does this mean for the future?”

“What we can see today is how our energy systems cope with much more renewable power – knowledge that will be invaluable, aligning with IAEA low-carbon insights, to accelerate the energy transition. We are making this new platform freely available to support the energy industry to adapt and use the momentum this tragic crisis has created to deliver a better, cleaner energy system, faster.”

The figures mark a dramatic shift in Europe’s energy mix – one that was not anticipated to occur until the end of the decade. The impact of the Covid-19 crisis has effectively accelerated the energy transition in the short-term, even as later lockdowns saw power demand hold firm in parts of Europe, providing a unique opportunity to see how energy systems function with far higher levels of renewables.

Ullbro added: “Electricity demand across Europe has fallen due to the lockdown measures applied by governments to stop the spread of the coronavirus. However, total renewable generation has remained at pre-crisis levels with low electricity prices, combined with renewables-friendly policy measures, crowding out gas and fossil fuel power generation, especially coal. This sets the scene for the next decade of the energy transition.”

These Europe-wide impacts are mirrored at a national level, for example:

• In the UK, renewables now have a 43% share of generation, following a stall in low-carbon progress in 2019 (up 10% on the same March 10-April 10 period in 2019) with coal power down 35% and gas down 24%.
• Germany has seen the share of renewables reach 60% (up 12%) and coal generation fall 44%, resulting in a fall in the carbon intensity of its electricity of over 30%.
• Spain currently has 49% renewables with coal power down by 41%.
• Italy has seen the steepest fall in demand, down 21% so far.

An industry first, the Wärtsilä Energy Transition Lab has been specifically developed as an open-data platform for the energy industry to understand the impact of Covid-19 and help accelerate the energy transition. The tool provides detailed data on electricity generation, demand and pricing for all 27 EU countries and the UK, combining Entso-E data in a single, easy to use platform. It will also allow users to model how systems could operate in future with higher renewables, as global power demand surpasses pre-pandemic levels, helping pinpoint problem areas and highlight where to focus policy and investment.

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