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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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Eviation Collapse underscores electric aviation headwinds, from Alice aircraft battery limits to FAA/EASA certification hurdles, funding shortfalls, and leadership instability, reshaping sustainability roadmaps for regional airliners and future zero-emission flight.

Key Points

Eviation Collapse is the 2025 shutdown of Eviation Aircraft, revealing battery, certification, and funding hurdles.

✅ Battery energy density limits curtailed Alice's range

✅ FAA/EASA certification timelines delayed commercialization

✅ Funding gaps and leadership churn undermined execution

The electric aviation industry was poised to revolutionize the skies through an aviation revolution with startups like Eviation Aircraft leading the charge to bring environmentally friendly, cost-efficient electric airplanes into commercial use. However, in a shocking turn of events, Eviation has faced an abrupt collapse, signaling challenges that may impact the future of electric flight.

Eviation’s Vision and Early Promise

Founded in 2015, Eviation was an ambitious electric airplane startup with the goal of changing the way the world thinks about aviation. The company’s flagship product, the Alice aircraft, was designed to be an all-electric regional airliner capable of carrying up to 9 passengers. With a focus on sustainability, reduced operating costs, and a quieter flight experience, Alice attracted attention as one of the most promising electric aircraft in development.

Eviation’s aircraft was aimed at replacing small, inefficient, and environmentally damaging regional aircraft, reducing emissions in the aviation industry. The startup’s vision was bold: to create an airplane that could offer all the benefits of electric power – lower operating costs, less noise, and a smaller environmental footprint. Their goal was not only to attract major airlines but also to pave the way for a more sustainable future in aviation.

The company’s early success was driven by substantial investments and partnerships. It garnered attention from aviation giants and venture capitalists alike, drawing support for its innovative technology. In fact, in 2019, Eviation secured a deal with the Israeli airline, El Al, for several aircraft, a deal that seemed to promise a bright future for the company.

Challenges in the Electric Aviation Industry

Despite its early successes and strong backing, Eviation faced considerable challenges that eventually contributed to its downfall. The electric aviation sector, as promising as it seemed, has always been riddled with hurdles – from battery technology to regulatory approvals, and compounded by Europe’s EV slump that dampened clean-transport sentiment, the path to producing commercially viable electric airplanes has proven more difficult than initially anticipated.

The first major issue Eviation encountered was the slow development of battery technology. While electric car companies like Tesla were able to scale their operations quickly during the electric vehicle boom due to advancements in battery efficiency, aviation technology faced a more significant obstacle. The energy density required for a plane to fly long distances with sufficient payload was far greater than what existing battery technology could offer. This limitation severely impacted the range of the Alice aircraft, preventing it from meeting the expectations set by its creators.

Another challenge was the lengthy regulatory approval process for electric aircraft. Aviation is one of the most regulated industries in the world, and getting a new aircraft certified for flight takes time and rigorous testing. Although Eviation’s Alice was touted as an innovative leap in aviation technology, the company struggled to navigate the complex process of meeting the safety and operational standards required by aviation authorities, such as the FAA and EASA.

Financial Difficulties and Leadership Changes

As challenges mounted, Eviation’s financial situation became increasingly precarious. The company struggled to secure additional funding to continue its development and scale operations. Investors, once eager to back the promising startup, grew wary as timelines stretched and costs climbed, amid a U.S. EV market share dip in early 2024, tempering enthusiasm. With the electric aviation market still in its early stages, Eviation faced stiff competition from more established players, including large aircraft manufacturers like Boeing and Airbus, who also began to invest heavily in electric and hybrid-electric aircraft technologies.

Leadership instability also played a role in Eviation’s collapse. The company went through several executive changes over a short period, and management’s inability to solidify a clear vision for the future raised concerns among stakeholders. The lack of consistent leadership hindered the company’s ability to make decisions quickly and efficiently, further exacerbating its financial challenges.

The Sudden Collapse

In 2025, Eviation made the difficult decision to shut down its operations. The company announced the closure after failing to secure enough funding to continue its development and meet its ambitious production goals. The sudden collapse of Eviation sent shockwaves through the electric aviation sector, where many had placed their hopes on the startup’s innovative approach to electric flight.

The failure of Eviation has left many questioning the future of electric aviation. While the industry is still in its infancy, Eviation’s downfall serves as a cautionary tale about the challenges of bringing cutting-edge technology to the skies. The ambitious vision of a sustainable, electric future in aviation may still be achievable, but the path to success will require overcoming significant technological, regulatory, and financial obstacles.

What’s Next for Electric Aviation?

Despite Eviation’s collapse, the electric aviation sector is far from dead. Other companies, such as Joby Aviation, Vertical Aerospace, and Ampaire, are continuing to develop electric and hybrid-electric aircraft, building on milestones like Canada’s first commercial electric flight that signal ongoing demand for green alternatives to traditional aviation.

Moreover, major aircraft manufacturers are doubling down on their own electric aircraft projects. Boeing, for example, has launched several initiatives aimed at reducing carbon emissions in aviation, while Harbour Air’s point-to-point e-seaplane flight showcases near-term regional progress, and Airbus is testing a hybrid-electric airliner prototype. The collapse of Eviation may slow down progress, but it is unlikely to derail the broader movement toward electric flight entirely.

The lessons learned from Eviation’s failure will undoubtedly inform the future of the electric aviation sector. Innovation, perseverance, and a steady stream of investment will be critical for the success of future electric aircraft startups, as exemplified by Harbour Air’s research-driven electric aircraft efforts that highlight the value of sustained R&D. While the dream of electric planes may have suffered a setback, the long-term vision of cleaner, more sustainable aviation is still alive.

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Ukraine Power Grid Attacks disrupt critical infrastructure as missiles and drones strike power plants, substations, and lines, causing blackouts. Emergency repairs, international aid, generators, and renewables bolster resilience and keep hospitals and water running.

Key Points

Russian strikes on Ukraine's power infrastructure cause blackouts; repairs and aid sustain hospitals and water.

✅ Missile and drone strikes target plants, substations, and lines.

✅ Crews restore power under fire; air defenses protect sites.

✅ Allies supply equipment, generators, and grid repair expertise.

Ukraine is facing an ongoing battle to maintain its electrical grid in the wake of relentless Russian attacks targeting power plants and energy infrastructure. These attacks, which have intensified in the last year, are part of Russia's broader strategy to weaken Ukraine's ability to function amid the ongoing war. Power plants, substations, and energy lines have become prime targets, with Russian forces using missiles and drones to destroy critical infrastructure, as western Ukraine power outages have shown, leaving millions of Ukrainians without electricity and heating during harsh winters.

The Ukrainian government and energy companies are working tirelessly to repair the damage and prevent total blackouts, while also trying to ensure that civilians have access to vital services like hospitals and water supplies. Ukraine has received support from international allies in the form of technical assistance and equipment to help strengthen its power grid, and electricity reserve updates suggest outages can be avoided if no new strikes occur. However, the ongoing nature of the attacks and the complexity of repairing such extensive damage make the situation extraordinarily difficult.

Despite these challenges, Ukraine's resilience is evident, even as winter pressures on the battlefront intensify operations. Energy workers are often working under dangerous conditions, risking their lives to restore power and prevent further devastation. The Ukrainian government has prioritized the protection of energy infrastructure, with military forces being deployed to safeguard workers and critical assets.

Meanwhile, the international community continues to support Ukraine through financial and technical aid, though some U.S. support programs have ended recently, as well as providing temporary power solutions, like generators, to keep essential services running. Some countries have even sent specialized equipment to help repair damaged power lines and energy plants more quickly.

The humanitarian consequences of these attacks are severe, as access to electricity means more than just light—it's crucial for heating, cooking, and powering medical equipment. With winter temperatures often dropping below freezing, plans to keep the lights on are vital to protect vulnerable communities, and the lack of reliable energy has put many lives at risk.

In response to the ongoing crisis, Ukraine has also focused on enhancing its energy independence, seeking alternatives to Russian-supplied energy. This includes exploring renewable energy sources, such as solar and wind power, and new energy solutions adopted by communities to overcome winter blackouts, which could help reduce reliance on traditional energy grids and provide more resilient options in the future.

The battle for energy infrastructure in Ukraine illustrates the broader struggle of the country to maintain its sovereignty and independence in the face of external aggression. The destruction of power plants is not only a military tactic but also a psychological one—meant to instill fear and disrupt daily life. However, the unwavering spirit of the Ukrainian people, alongside international support, including Ukraine's aid to Spain during blackouts as one example, continues to ensure that the fight to "keep the lights on" is far from over.

As Ukraine works tirelessly to repair its energy grid, it also faces the challenge of preparing for the long-term impact of these attacks. The ongoing war has highlighted the importance of securing energy infrastructure in modern conflicts, and the world is watching as Ukraine's resilience in this area could serve as a model for other nations facing similar threats.

Ukraine’s energy struggle is far from over, but its determination to keep the lights on remains a beacon of hope and defiance in the face of ongoing adversity.

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MARVEL microreactor debuts at Idaho National Laboratory as a 100 kW, liquid-metal-cooled, zero-emissions generator powering a nuclear microgrid, integrating wind and solar for firm, clean energy in advanced nuclear applications research.

Key Points

A 100 kW, liquid-metal-cooled INL reactor powering a nuclear microgrid and showcasing zero-emissions clean energy.

✅ 100 kW liquid-metal-cooled microreactor at INL

✅ Powers first nuclear microgrid for applications testing

✅ Integrates with wind and solar for firm clean power

Inside the Transient Reactor Test Facility, a towering, windowless gray block surrounded by barbed wire, researchers are about to embark on a mission to solve one of humanity’s greatest problems with a tiny device.

Next year, they will begin construction on the MARVEL reactor. MARVEL stands for Microreactor Applications Research Validation and EvaLuation. It’s a first-of-a-kind nuclear power generator with a mini-reactor design that is cooled with liquid metal and produces 100 kilowatts of energy. By 2024, researchers expect MARVEL to be the zero-emissions engine of the world’s first nuclear microgrid at Idaho National Laboratory (INL).

“Micro” and “tiny,” of course, are relative. MARVEL stands 15 feet tall, weighs 2,000 pounds, and can fit in a semi-truck trailer. But it's minuscule compared to conventional nuclear power plants, which span acres, produces gigawatts of electricity to power whole states, and can take more than a decade to build.

For INL, where scientists have tested dozens of reactors over the decades across an area three-quarters the size of Rhode Island, it’s a radical reimagining of the technology. This advanced reactor design could help overcome the biggest obstacles to nuclear energy: safety, efficiency, scale, cost, and competition. MARVEL is an experiment to see how all these pieces could fit together in the real world.

“It’s an applications test reactor where we’re going to try to figure out how we extract heat and energy from a nuclear reactor and apply it — and combine it with wind, solar, and other energy sources,” said Yasir Arafat, head of the MARVEL program.

The project, however, comes at a time when nuclear power is getting pulled in wildly different directions, from phase-outs to new strategies like the UK’s green industrial revolution that shapes upcoming reactors.

Germany just shut down its last nuclear reactors. The U.S. just started up its first new reactor in 30 years, underscoring a shift. France, the country with the largest share of nuclear energy on its grid, saw its atomic power output decline to its lowest since 1988 last year. Around the world, there are currently 60 nuclear reactors under construction, with 22 in China alone.

But the world is hungrier than ever for energy. Overall electricity demand is growing: Global electricity needs will increase nearly 70 percent by 2050 compared to today’s consumption, according to the Energy Information Administration. At the same time, the constraints are getting tighter. Most countries worldwide, including the U.S., have committed to net-zero goals by the middle of the century, even as demand rises.

To meet this energy demand without worsening climate change, the U.S. Energy Department’s report on advanced nuclear energy released in March said, “the U.S. will need ~550–770 [gigawatts] of additional clean, firm capacity to reach net-zero; nuclear power is one of the few proven options that could deliver this at scale.”

The U.S. government is now renewing its bets on nuclear power to produce steady electricity without emitting greenhouse gases. The Bipartisan Infrastructure Law included $6 billion to keep existing nuclear power plants running. In addition, the Inflation Reduction Act, the U.S. government’s largest investment in countering climate change, includes several provisions to benefit atomic power, including tax credits for zero-emissions energy.

“It’s a game changer,” said John Wagner, director of INL.

The tech sector is jumping in, too, as atomic energy heats up across startups and investors. In 2021, venture capital firms poured $3.4 billion into nuclear energy startups. They’re also pouring money into even more far-out ideas, like nuclear fusion power. Public opinion has also started moving. An April Gallup poll found that 55 percent of Americans favour and 44 percent oppose using atomic energy, the highest levels of support in 10 years.

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Australia Energy Policy Debate highlights IPCC warnings, Paris Agreement goals, coal phase-out, emissions reduction, renewables, gas, pumped hydro, storage, reliability, and investment certainty amid NEG uncertainty and federal-state tensions over targets.

Key Points

Debate over coal, emissions targets, and grid reliability, guided by IPCC science, Paris goals, and market reforms.

✅ IPCC urges rapid cuts and coal phase-out by 2050

✅ NEG's emissions pillar stalled; reliability obligation alive

✅ States, market operators push investment certainty and storage

The United Nation’s climate body, the Intergovernmental Panel on Climate Change, on Monday said radical emissions reduction across the world’s economies, including a phase-out of coal by 2050, was required to avoid the most devastating climate change impacts.

The Morrison government dismissed the findings. Treasurer Josh Frydenberg insisted this week that “coal is an important part of the energy mix”.

“If we were to take coal out of the system the lights would go out on the east coast of Australia overnight. It provides more than 60 per cent of our power," he said.

Ms Zibelman, whose organisation operates the nation’s largest gas and electricity markets, said if Australia was to make an orderly transition to low-emissions electricity generation, aligning with the sustainable electric planet vision, “then certainly we would keep the lights on”.

Ms Zibelman said coal assets should be maintained “as long as they are economically viable and we should have a plan to replace them with resources that are lowest cost”.

Those options comprised gas, renewables, pumped hydro and other energy storage, she told ABC radio, as New Zealand weighs electrification to replace fossil fuels.

Under the Paris treaty the government has pledged to lower emissions by 26 per cent by 2030, based on 2005 levels, even as national emissions rose 2% recently according to industry reports.

Labor would increase the goal to a 45 per cent cut - a policy Prime Minister Scott Morrison said last month would " shut down every coal-fired power station in the country and ... increase people’s power bill by about $1,400 on average for every single household”.

The federal government has scrapped its proposed National Energy Guarantee, which would have cut emissions in the electricity sector, but the reliability component of the plan may continue in some form.

The policy was being developed by the Energy Security Board. The group’s chairwoman Kerry Schott has expressed anger at its demise but on Thursday revealed the board was still working on the policy because “nobody told us to stop”.

Speaking at the Melbourne Institute's Outlook conference, she urged the government to revive the emissions reduction component of the plan to provide investment certainty, noting the IEA net-zero report on Canada shows electricity demand rises in decarbonisation.

Energy Minister Angus Taylor, an energy consultant before entering Parliament, on Thursday said the electricity sector would reduce emissions in line with the Paris deal without a mandated target.

Mr Taylor said only a “very brave state” would not support the policy’s reliability obligation.

The federal government has called a COAG energy council meeting for October 26 in Sydney to discuss electricity reliability.

It is understood Mr Taylor has not contacted Victoria, Queensland or the ACT since taking the portfolio, despite needing unanimous support from the states to progress the issue.

The Victorian government goes into caretaker mode on October 30 ahead of that state's election.

Victorian Energy Minister Lily D’Ambrosio said the federal government was “a rabble when it comes to energy policy, and we won’t be signing anything until after the election".

Speaking at the Melbourne Institute conference, prominent business leaders on Thursday bemoaned a lack of political leadership on energy policy and climate change, saying the only way forward appeared to be for companies to take action themselves, with some pointing to Canada's race to net-zero as a case study in the role of renewables.

Jayne Hrdlicka, chief executive of ASX-listed dairy and infant-formula company a2 Milk, said "we all have an obligation to do the very best job we can in managing our carbon footprint".

"We just need to get on doing what we can .. and then hope that policy will catch up. But we can’t wait," she said.

Ms Hrdlicka said the recent federal political turmoil had been frustrating "because if you invest in building relationships as most of us do in Canberra and then overnight they are all changed, you’re starting from scratch".

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Manitoba Hydro 3.5 Percent Rate Increase proposes a smaller electricity rate hike under Public Utilities Board oversight to bolster financial reserves, address debt and Bipole III costs, amid shifting export sales and water flow conditions.

Key Points

It is Manitoba Hydro's proposed 3.5% electricity rate hike for 2019-20 to shore up finances under PUB oversight.

✅ PUB review sought without lengthy hearing

✅ Revenue boost forecast at 59 million dollars

✅ Natural gas rates flat; class shifts adjust bills

Manitoba Hydro is scaling back its rate hike request for next year, instead of the annual 7.9 per cent hikes the Crown corporation previously said it would need until 2023-24 to address debt. 

Hydro is asking the Public Utilities Board for a 3.5 per cent rate increase next year, which would take effect on April 1.

In last week's application, Hydro said its new board is reviewing the corporation's financial picture. Once that is complete, the utility expects to submit a new multi-year rate plan in late 2019 that addresses the organization's long-term future.

"It's too speculative at this point to discuss any possible future rate increases," spokesperson Bruce Owen said in an email.

The proposed increase next year is similar to other jurisdictions and nearly in line with the Public Utilities Board's decision to allow an average 3.6 per cent jump in electricity rates in 2018-19, which began this summer.

"The requested 3.5 per cent rate increase … generates a modest level of net income under average water flow conditions that will assist in gradually building the revenue base and reduce the risk of the corporation incurring a loss" in 2019-20, the rate application said.

If approved, consumers would face their second rate increase from Hydro in under a year.

Crown Services Minister Colleen Mayer said she's sympathetic to customers bracing for another rate increase amid NL rate hike concerns that far exceeds the rate of inflation.

"I hear that, very clearly," she said. "The NDP left us with an insurmountable problem — we're trying to fix that."

Hydro goes to court over special rate class for First Nations residents in Manitoba

National Energy Board OK's Manitoba-Minnesota Transmission Project

Next year's rate increase is projected to bring in $59 million of revenue, boosting the Crown corporation's financial reserves by $31 million.

Without it, the utility would deal with a net loss, it said.

This time, Hydro officials are asking PUB to forgo a rate hearing, suggesting neither itself nor the board has the resources for a lengthy six- to nine-month process to review an application where not much has changed financially and would generate a "minimum level of net income," Hydro said in a letter to the board.

The short-term rate relief, the letter recommends, should be "awarded in a timely and cost-effective manner, recognizing that the corporation's long-term financial forecasts will be finalized and available for review" in late 2019.

Hydro's net income next year will be lower than projected, the rate application said, due to a reduction in export sales and increases in depreciation and financing costs from Bipole III.

"Even though they had a total implosion of their previous board, on this very issue, they haven't learned lessons and they continue to be cheerleaders for these rapid rate increases," Kinew said, referring to the exodus of every board member but one earlier this year.

Manitoba Hydro's burgeoning debt surpasses $19 billion

On natural gas, Manitoba Hydro is asking PUB for no rate increase for the next two years.

There will, however, be some changes in rates in different customer classes, Owen said, resulting in modest rate reductions for mainly residential customers and increases for customers who use a lot of natural gas.

The corporation also wants to stop collecting fees to support the furnace replacement program. The initiative will continue with existing fees.

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