University looks for TVA discount

By Knoxville News Sentinel


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The University of Tennessee has kicked off Earth Month with a goal to rein in its electric power consumption campuswide by 10 percent over a year and get its electricity use in line with new TVA peak-demand wholesale power rates.

UT has had efforts in place since 2008 to scale back energy costs, but it has another impetus to do this now that TVA put new wholesale electricity rate changes into effect this month.

"We are trying to take advantage of those rates," said Terry Ledford, senior project manager of facilities services for UT. "If we can get people to not use electricity during peak-cost times, that is where we will save some money."

UT has been making progress with reducing its energy use, he said. The campus used an average of 17,719,600 kilowatt-hours during 2009 and 2010, and had reduced that by 0.8 percent to 17,581,001 by February. The goal is to reduce that another 10 percent during 2011 to an average of 15,947,640 kilowatt-hours.

Ledford said meeting this 10 percent goal would mean a savings of $1 million to $1.5 million for UT.

On April 1, UT Chancellor Jimmy G. Cheek issued a challenge to UT students, faculty and staff to scale back power use, especially during hours of peak demand.

"UT Knoxville is one of the largest electrical customers in the Tennessee Valley Authority's service area," he posted on the university's Tennessee Today website.

"TVA is changing the rate structure for its largest customers in an effort to reduce overall consumption during high energy use times. Going forward, our energy costs will vary based on times that TVA has identified as peak power use times."

It is more expensive for TVA to produce power during the hottest and coldest months of the year, so the federal utility is changing its rates so that wholesale customers will pay less for power they use during times of non-peak demand. TVA says its highest energy costs are during afternoons in the summer and the second-highest are during early mornings in the winter. The rates are meant to be structured so that customers will pay about the same amount over the course of the year, just more at certain times and less at others.

The Knoxville campus is facing peak power times during the 2-8 p.m. periods of June, July, August and September. Ledford said UT could face power costs almost 50 percent higher during those times, so it will be important for the university to adjust its electricity use.

Cheek is asking students in residence halls to avoid doing laundry during peak times and be sparing in their use of computers, televisions and game systems as well. Faculty and staff are asked to take advantage of natural light in their offices and workspaces and avoid printing large documents during peak times. He also wants UT to schedule activities during times of non-peak use.

Ledford acknowledged that sporting events and other public events will present a challenge, but said the university can make the best of it by having the most efficient lighting or other electric equipment in use at the time.

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3 Reasons Why Cheap Abundant Electricity Is Getting Closer To Reality

Renewable Energy Breakthroughs drive quantum dots solar efficiency, Air-gen protein nanowires harvesting humidity, and cellulose membranes for flow batteries, enabling printable photovoltaics, 24/7 clean power, and low-cost grid storage at commercial scale.

 

Key Points

Advances like quantum dot solar, Air-gen, and cellulose flow battery membranes that improve clean power and storage.

✅ Quantum dots raise solar conversion efficiency, are printable

✅ Air-gen harvests electricity from humidity with protein nanowires

✅ Cellulose membranes cut flow battery costs, aid grid storage

 

Science never sleeps. The quest to find new and better ways to do things continues in thousands of laboratories around the world. Today, the global economy is based on the use of electricity, and one analysis shows wind and solar potential could meet 80% of US demand, underscoring what is possible. If there was a way to harness all the energy from the sun that falls on the Earth every day, there would be enough of electricity available to meet the needs of every man, woman, and child on the planet with plenty left over. That day is getting closer all the time. Here are three reasons why.

Quantum Dots Make Better Solar Panels
According to Science Daily, researchers at the University of Queensland have set a new world record for the conversion of solar energy to electricity using quantum dots — which pass electrons between one another and generate electrical current when exposed to solar energy in a solar cell device. The solar devices they developed have beaten the existing solar conversion record by 25%.

“Conventional solar technologies use rigid, expensive materials. The new class of quantum dots the university has developed are flexible and printable,” says professor Lianzhou Wang, who leads the research team. “This opens up a huge range of potential applications, including the possibility to use it as a transparent skin to power cars, planes, homes and wearable technology. Eventually it could play a major part in meeting the United Nations’ goal to increase the share of renewable energy in the global energy mix.”

“This new generation of quantum dots is compatible with more affordable and large-scale printable technologies,” he adds. “The near 25% improvement in efficiency we have achieved over the previous world record is important. It is effectively the difference between quantum dot solar cell technology being an exciting prospect and being commercially viable.” The research was published on January 20 in the journal Nature Energy.

Electricity From Thin Air
Science Daily also reports that researchers at UMass Amherst also have interesting news. They claim they created a device called an Air-gen, short for air powered generator. (Note: recently we reported on other research that makes electricity from rainwater.) The device uses protein nanowires created by a microbe called Geobacter. Those nanowires can generate electricity from thin air by tapping the water vapor present naturally in the atmosphere. “We are literally making electricity out of thin air. The Air-gen generates clean energy 24/7. It’s the most amazing and exciting application of protein nanowires yet,” researchers Jun Yao and Derek Lovely say. There work was published February 17 in the journal Nature.

The new technology developed in Yao’s lab is non-polluting, renewable, and low-cost. It can generate power even in areas with extremely low humidity such as the Sahara Desert. It has significant advantages over other forms of renewable energy including solar and wind, Lovley says, because unlike these other renewable energy sources, the Air-gen does not require sunlight or wind, and “it even works indoors,” a point underscored by ongoing grid challenges that slow full renewable adoption.

Yao says, “The ultimate goal is to make large-scale systems. For example, the technology might be incorporated into wall paint that could help power your home. Or, we may develop stand-alone air-powered generators that supply electricity off the grid, and in parallel others are advancing bio-inspired fuel cells that could complement such devices. Once we get to an industrial scale for wire production, I fully expect that we can make large systems that will make a major contribution to sustainable energy production. This is just the beginning of a new era of protein based electronic devices.”

Improved Membranes For Flow Batteries From Cellulose
Storing energy is almost as important to decarbonizing the environment as making it in the first place, with the rise of affordable solar batteries improving integration.  There are dozens if not hundreds of ways to store electricity and they all work to one degree or another. The difference between which ones are commercially viable and ones that are not often comes down to money.

Flow batteries — one approach among many, including fuel cells for renewable storage — use two liquid electrolytes — one positively charged and one negatively charged — separated by a membrane that allows electrons to pass back and forth between them. The problem is, the liquids are highly corrosive. The membranes used today are expensive — more than $1,300 per square meter.

Phys.org reports that Hongli Zhu, an assistant professor of mechanical and industrial engineering at Northeastern University, has successfully created a membrane for use in flow batteries that is made from cellulose and costs just $147.68 per square meter. Reducing the cost of something by 90% is the kind of news that gets people knocking on your door.

The membrane uses nanocrystals derived from cellulose in combination with a polymer known as polyvinylidene fluoride-hexafluoropropylene.  The naturally derived membrane is especially efficient because its cellular structure contains thousands of hydroxyl groups, which involve bonds of hydrogen and oxygen that make it easy for water to be transported in plants and trees.

In flow batteries, that molecular makeup speeds the transport of protons as they flow through the membrane. “For these materials, one of the challenges is that it is difficult to find a polymer that is proton conductive and that is also a material that is very stable in the flowing acid,” Zhu says.

Cellulose can be extracted from natural sources including algae, solid waste, and bacteria. “A lot of material in nature is a composite, and if we disintegrate its components, we can use it to extract cellulose,” Zhu says. “Like waste from our yard, and a lot of solid waste that we don’t always know what to do with.”

Flow batteries can store large amounts of electricity over long periods of time — provided the membrane between the storage tanks doesn’t break down. To store more electricity, simply make the tanks larger, which makes them ideal for grid storage applications where there is often plenty of room to install them. Slashing the cost of the membrane will make them much more attractive to renewable energy developers and help move the clean energy revolution forward.

The Takeaway
The fossil fuel crazies won’t give up easily. They have too much to lose and couldn’t care less if life on Earth ceases to exist for a few million years, just so long as they get to profit from their investments. But they are experiencing a death of a thousand cuts. None of the breakthroughs discussed above will end thermal power generation all by itself, but all of them, together with hundreds more just like them happening every day, every week, and every month, even as we confront clean energy's hidden costs across supply chains, are slowly writing the epitaph for fossil fuels.

And here’s a further note. A person of Chinese ancestry is the leader of all three research efforts reported on above. These are precisely the people being targeted by the United States government at the moment as it ratchets up its war on immigrants and anybody who cannot trace their ancestry to northern Europe. Imagine for a moment what will happen to America when researchers like them depart for countries where they are welcome instead of despised. 

 

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Are major changes coming to your electric bill?

California Income-Based Electricity Rates propose a fixed monthly fee set by income as utilities and the CPUC weigh progressive pricing, aiming to cut low-income bills while PG&E, SCE, and SDG&E retain usage-based charges.

 

Key Points

CPUC plan adds income-tiered fixed fees to lower low-income bills while keeping per-kWh usage charges.

✅ Adds fixed monthly fees by income to complement per-kWh charges

✅ Cuts bills for low-income households; higher earners pay more

✅ Utilities say revenue neutral; conservation signals preserved

 

California’s electric bills — already some of the highest in the nation — are rising as electricity prices soar across the state, but regulators are debating a new plan to charge customers based on their income level. 

Typically what you pay for electricity depends on how much you use. But the state’s three largest electric utilities — Southern California Edison Company, Pacific Gas and Electric Company and San Diego Gas & Electric Company — have proposed a plan to charge customers not just for how much energy they use, but also based on their household income, moving toward income-based flat-fee utility bills over time. Their proposal is one of several state regulators received designed to accommodate a new law to make energy less costly for California’s lowest-income customers.

Some state Republican lawmakers are warning the changes could produce unintended results, such as weakening incentives to conserve electricity or raising costs for customers using solar energy, and some have introduced a plan to overturn the charges in the Legislature.

But the utility companies say the measure would reduce electricity bills for the lowest income customers. Those residents would save about $300 per year, utilities estimate.

California households earning more than $180,000 a year would end up paying an average of $500 more a year on their electricity bills, according to the proposal from utility companies. 

The California Public Utilities Commission’s deadline for deciding on the suggested changes is July 1, 2024, as regulators face calls for action from consumers and advocates. The proposals come at a time when many moderate and low-income families are being priced out of California by rising housing costs.  

Who wants to change the fee structure?
Lawmakers passed and Gov. Gavin Newsom signed a comprehensive energy bill last summer that mandates restructuring electricity pricing across the state. 

The Legislature passed the measure in a “trailer-bill” process that limited deliberation. Included in the 21,000-word law are a few sentences requiring the public utilities commission to establish a “fixed monthly fee” based on each customer’s household income. 

A similar idea was first proposed in 2021 by researchers at UC Berkeley and the nonprofit thinktank Next 10. Their main recommendation was to split utility costs into two buckets. Fixed charges, which everyone has to pay just to be connected to the energy grid, would be based on income levels. Variable charges would depend on how much electricity you use.

Utilities say that part of customers’ bills still will be based on usage, but the other portion will reduce costs for lower- and middle-income customers, who “pay a greater percentage of their income towards their electricity bill relative to higher income customers,” the utilities argued in a recent filing. 

They said the current billing system is unjust, regressive and fails to recognize differences in energy usage among households,

“When we were putting together the reform proposal, front and center in our mind were customers who live paycheck to paycheck, who struggle to pay for essentials such as energy, housing and food,” Caroline Winn, CEO of San Diego Gas & Electric in a statement. 

The utilities say in their proposal that the changes likely would not reduce or increase their revenues.

James Sallee, an associate professor at UC Berkeley, said the utilities’ prior system of billing customers mostly by measuring their electric use to pay for what are essentially fixed costs for power is inefficient and regressive. 

The proposed changes “will shift the burden, on average, to a more progressive system that recovers more from higher income households and less from lower income households,” he said.

 

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Company Becomes UK's Second-Largest Electricity Operator

Second-Largest UK Grid Operator advancing electricity networks modernization, smart grid deployment, renewable integration, and resilient distribution, leveraging acquisitions, data analytics, and infrastructure upgrades to boost reliability, efficiency, and service quality across regions and energy sector.

 

Key Points

A growing electricity networks operator advancing smart grids, renewable integration, and reliability.

✅ Expanded via acquisitions and regional growth

✅ Investing in smart grid, data analytics, automation

✅ Enhancing reliability, resilience, renewable integration

 

In a significant shift within the UK’s energy sector, a major company has recently ascended to become the second-largest electricity networks operator in the country. This milestone marks a pivotal moment in the industry, reflecting ongoing changes and competitive dynamics in the energy landscape, such as the shift toward an independent system operator in Great Britain. The company's ascent underscores its growing influence and its role in shaping the future of energy distribution across the UK.

The company, whose identity is a result of strategic acquisitions and operational expansions, now holds a substantial position within the electricity networks sector. This new ranking is the result of a series of investments and strategic moves aimed at strengthening its network capabilities and, amid efforts to fast-track grid connections across the UK, expanding its geographical reach. By achieving this status, the company is set to play a crucial role in managing and maintaining the electricity infrastructure that serves millions of households and businesses across the UK.

The rise to the second-largest position follows a period of significant growth and transformation for the company. Recent acquisitions have enabled it to enhance its network infrastructure, integrate advanced technologies, adopting a more digital grid approach, and improve service delivery. These developments come at a time when the UK is undergoing a significant transition in its energy sector, driven by the need for modernization, sustainability, and resilience in response to evolving energy demands.

One of the key factors contributing to the company's new status is its focus on upgrading and expanding its electricity networks. Investments in modernizing infrastructure, such as the commissioning of a 2GW substation to boost capacity, incorporating smart grid technologies, and enhancing operational efficiencies have been central to its strategy. By leveraging cutting-edge technology and data analytics, the company is able to optimize network performance, reduce outages, and improve overall reliability.

The company’s expansion into new regions has also played a crucial role in its growth. By extending its network coverage, including assets like the London electricity tunnel that enhance supply routes, the company has been able to provide electricity to a larger customer base, increasing its market share and influence in the sector. This expansion not only enhances its position as a major player in the industry but also supports the broader goal of ensuring reliable and efficient electricity distribution across the UK.

The shift to becoming the second-largest operator also reflects broader trends in the UK energy sector. The industry is experiencing a period of consolidation and transformation, driven by regulatory changes, technological advancements, and the push towards decarbonization, with similar momentum seen in British Columbia's clean energy shift that underscores global trends. The company’s ascent is indicative of these broader dynamics, as firms adapt to new challenges and opportunities in a rapidly evolving market.

In addition to operational and strategic advancements, the company’s rise is aligned with the UK’s broader energy goals. The government has set ambitious targets for reducing carbon emissions and increasing the use of renewable energy sources. As a major electricity networks operator, the company is positioned to support these goals by integrating renewable energy into the grid, including projects like the Scotland-to-England subsea link that carry remote generation, enhancing energy efficiency, and contributing to the transition towards a low-carbon energy system.

The company’s new status also brings with it a range of responsibilities and opportunities. As one of the largest operators in the sector, it will have a significant role in shaping the future of electricity distribution in the UK. This includes addressing challenges such as grid reliability, energy security, and the integration of emerging technologies. The company’s ability to manage these responsibilities effectively will be crucial in ensuring that it continues to deliver value to customers and stakeholders.

The transition to becoming the second-largest operator is not without its challenges. The company will need to navigate a complex regulatory environment, manage stakeholder expectations, and address any operational issues that may arise from its expanded network. Additionally, the competitive nature of the energy sector means that the company will need to continuously innovate and adapt to maintain its position and drive further growth.

In summary, the company’s achievement of becoming the second-largest electricity networks operator in the UK represents a significant milestone in the energy sector. Through strategic acquisitions, infrastructure investments, and operational enhancements, the company has strengthened its position and expanded its reach. This development highlights the evolving landscape of the UK energy sector and underscores the importance of modernization and innovation in meeting the country’s energy needs. As the company moves forward, it will play a key role in shaping the future of electricity distribution and supporting the UK’s energy transition goals.

 

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Electricity alert ends after Alberta forced to rely on reserves to run grid

Alberta Power Grid Level 2 Alert signals AESO reserve power usage, load management, supply shortage from generator outages, low wind, and limited imports, urging peak demand conservation to avoid blackouts and preserve grid reliability.

 

Key Points

An AESO status where reserves power the grid and load management is used during supply constraints to prevent blackouts.

✅ Triggered by outages, low wind, and reduced import capacity

✅ Peak hours 4 to 7 pm saw conservation requests

✅ Several hundred MW margin from Level 3 load shedding

 

Alberta's energy grid ran on reserves Wednesday, after multiple factors led to a supply shortage, a scenario explored in U.S. grid COVID response discussions as operators plan for contingencies.

At 3:52 p.m. Wednesday, the Alberta Electric System Operator issued a Level 2 alert, meaning that reserves were being used to supply energy requirements and that load management procedures had been implemented, while operators elsewhere adopted Ontario power staffing lockdown measures during COVID-19 for continuity. The alert ended at 6:06 p.m.

"This is due to unplanned generator outages, low wind and a reduction of import capability," the agency said in a post to social media. "Supply is tight but still meeting demand."

AESO spokesperson Mike Deising said the intertie with Saskatchewan had tripped off, and an issue on the British Columbia side of the border, as seen during BC Hydro storm response events, meant the province couldn't import power. 

"There are no blackouts … this just means we're using our reserve power, and that's a standard procedure we'll deploy," he said. 

AESO had asked that people reduce their energy consumption between 4 and 7 p.m., similar to Cal ISO conservation calls during grid strain, which is typically when peak use occurs. 

Deising said the system was several hundred MWs away from needing to move to an alert Level 3, with utilities such as FortisAlberta precautions in place to support continuity, which is when power is cut off to some customers in order to keep the system operating. Deising said Level 2 alerts are fairly rare and occur every few years. The last Level 3 alert was in 2013. 

According to the supply and demand report on AESO's website, the load on the grid at 5 p.m. was 10,643 MW.

That's down significantly from last week, when a heat wave pushed demand to record highs on the grid, with loads in the 11,700 MW range, contrasting with Ontario demand drop during COVID when many stayed home. 

A heat warning was issued Wednesday for Edmonton and surrounding areas shortly before 4 p.m., with temperatures above 29 C expected over the next three days, with many households seeing residential electricity use up during such periods. 

 

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All-electric home sports big windows, small footprint

Cold-Climate Heat Pumps deliver efficient heating and cooling for Northern B.C. Net Zero Ready homes, with air-source Mitsubishi H2i systems, triple-pane windows, blower door ACH 0.8, BC Hydro rebates, and CleanBC incentives.

 

Key Points

Electric air-source systems that heat and cool in subzero climates, cutting emissions and lowering energy costs.

✅ Net Zero Ready, Step Code 5, ACH 0.8 airtightness

✅ Operate efficiently to about -28 C with backup heat

✅ Eligible for BC Hydro and CleanBC rebates

 

Heat pump provides heating, cooling in northern B.C. home
It's a tradition at Vanderhoof-based Northern Homecraft that, on the day of the blower door test for a just-completed home, everyone who worked on the build gathers to watch it happen. And in the spring of 2021, on a dazzling piece of land overlooking the mouth of the Stuart River near Fort St. James, that day was a cause for celebration.

A new 3,400-square foot home subjected to the blower door test – a diagnostic tool to determine how much air is entering or escaping from a home – was rated as having just .8 air changes per hour (ACH). That helps make it a Net Zero Ready home, and BC Energy Code Step 5 compliant. That means it would take about a third of the amount of energy to heat the home compared to a typical similar-sized home in B.C. today.

From an energy-efficiency perspective, this is a home whose evident beauty is anything but skin deep.

"The home has lot of square footage of finished living space, and it also has a lot of glazing," says Northern Homecraft owner Shay Bulmer, referring to the home's large windows. "We had a lot of window space to deal with, as well as large vaulted open areas where you can only achieve so much additional insulation. There were a few things that the home had going against it as far as performance goes. There were challenges in keeping it comfortable year-round."


Well-insulated home ideal for heat pump option
Most homes in colder areas of B.C. lean on gas-fueled heating systems to deal with the often long, chilly winters. But with the arrival of cold climate heat pumps capable of providing heat efficiently when temperatures dip as low as -30°C, there's now a clean option for those homes, and using more electricity for heat is gaining support in the North as well.

Heat pumps are an increasingly popular option, both for new and existing homes, because they avoid carbon emissions associated with fossil use while also offering summer cooling, even as record-high electricity demand in Yukon underscores the need for efficient systems.

The Fort St. James home, which was built with premium insulation, airtightness and energy efficiency in mind, made the decision to opt for a heat pump even easier. Still, the heat pump option took the home's owners Dexter and Cheryl Hodder by surprise. While their focus was on designing a home that took full advantage of views down to the river, the couple was under the distinct impression that heat pumps couldn't cut it in the chilly north.

"I wasn't really considering a heat pump, which I thought was only a good solution in a moderate climate," says Dexter, who as director of research and education for the John Prince Research Forest, studies wildlife and forestry interactions in north central B.C. "The specs on the heat pump indicate it would work down to -28°C, and I was skeptical of that. But it worked exactly to spec. It almost seems ridiculous to generate heat from outside air at those low temperatures, but it does."

 

Getting it right with support and rebates
Northern Homecraft took advantage of BC Hydro's Mechanical System Design Pilot program to ensure proper heat pump system design, installation, and verification for the home were applied, and with BC Hydro's first call for power in 15 years driven by electrification, the team prioritized efficient load management.

Based on the home's specific location, size, and performance targets, they installed a ducted Mitsubishi H2I air-source heat pump system. Windows are triple pane, double coated, and a central feature of the home, while insulation specifications were R-40 deep frame insulation in the exterior walls, R-80 insulation in the attic, and R-40 insulation in the vaulted ceilings.

The combination of the year-round benefits of heat pumps, their role in reducing fossil fuel emissions, and the availability of rebates, is making the systems increasingly attractive in B.C., especially as two new BC generating stations were recently commissioned to expand clean supply.

BC Hydro offers home renovation rebates of up to $10,000 for energy-efficient upgrades to existing homes. Rebates are available for windows and doors, insulation, heat pumps, and heat pump hot water heaters. In partnership with CleanBC, rebates of up to $11,000 are also available – when combined with the federal Greener Homes program – for those switching from fossil fuel heating to an electric heat pump.


'Heat dome' pushes summer highs to 40°C
Cooling wasn't really a consideration for Dexter and Cheryl when they were living in a smaller bungalow shaded by trees. But they knew that with the big windows, vaulted ceiling in the living room, and an upstairs bedroom in the new home, there may come a time when they needed air conditioning.

That day arrived shortly after the home was built, as the infamous "heat dome" settled on B.C. and drove temperatures at Fort St. James to a dizzying 40°C.

"It was disgustingly hot, and I don't care if I never see that again here," says Hodder, with a laugh. "But the heat pump maintained the house really nicely throughout, at about 22 degrees. The whole house stayed cool. We just had to close the door to the upper bedroom so it wasn't really heating up during the day."

Hodder says he had to work with the heat pump manufacturer Mitsubishi a couple times over that first year to fix a few issues with the system's controls. But he's confident that the building's tight and well-insulated envelope, and the heat pump's backup electric heat that kicks in when temperatures dip below -28°C, will make it the system-for-all-seasons it was designed to be.

Even with the use of supplemental electric heating during the record chill of December-January, the home's energy costs weren't much higher than the mid-winter energy bills they used to pay in the couple's smaller bungalow that relied on a combination of gas-fired in-floor heating and electric baseboards, as gas-for-electricity swaps are being explored elsewhere.

Fort St. James is a former fur trading post located northwest of Prince George and a short drive north of Vanderhoof. Winters are cold and snowy, with average daily low temperatures in December and January of around -14°C.

"During the summer and into the fall, we were paying well less than $100 a month," says Hodder, looking back at electricity bills over the first year in the home. "And that's everything. We're only electric here, and we also had both of us working from home all last year."

 

Word of mouth making heat pumps popular in Fort St. James
While the size of the home presented new challenges for the builders, it's one of five Net Zero Ready or Net Zero homes – all equipped with some form of heat pump – that Northern Homecraft has built in Fort St. James, even as debates about going nuclear for electricity continue in B.C.

The smallest of the homes is a two-bedroom, one-bathroom home that's just under 900 square feet. Northern Homecraft may be based in Vanderhoof, but it's the much smaller town of Fort St. James where they're making their mark with super-efficient homes. Net Zero Ready homes are up to 80% more efficient than the standard building code, and become Net Zero once renewable energy generation – usually in the form of photovoltaic solar – is installed, and programs like switching 5,000 homes to geothermal show the broader momentum for clean heating.

"We were pretty proud that the first home we built in Fort St. James was the first single family Net Zero Ready home built in B.C.," says Northern Homecraft's Bulmer. "And I think it's kind of caught on in a smaller community where everyone talks to everyone."

 

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Cheaper electricity rate for customers on First Nations not allowed, Manitoba appeal court rules

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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