European insurance law changes threaten nuclear build

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The nuclear industry is in talks with the government to thrash out a solution to insurance problems that threaten to undermine plans to build at least eight new power stations by 2023.

The legal arm of the Nuclear Industry Association (NIA) is working with the Department for Business, Enterprise & Regulatory Reform to deal with changes to the law due next year that will increase nuclear power operators’ liability from about £140m to £500m.

A European protocol means the UK government must also extend the range of claims to such events as the effect on property prices of a nuclear accident.

Lawyers have warned that insurers are not prepared to underwrite the risk, and EU laws that stop governments giving financial aid to industries restrict the role the state can play.

David Gollancz, partner at law firm Field Fisher Waterhouse, is part of the NIA’s legal group. He said: “The current thinking is maybe the government can set up a quasi-insurance scheme to see new build get started.”

The insurance problems have coincided with the collapse of the sale of British Energy to French electricity firm EDF this week. The sale was seen as crucial to the governmentÂ’s plans as British Energy controls the likely sites of the new reactors.

Bill Harris, head of nuclear work at Turner & Townsend, called on the government to restore confidence after the collapse of the deal.

He said: “It needs to reassure the industry that it is still committed to the nuclear renaissance programme.”

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UK low-carbon electricity generation stalls in 2019

UK low-carbon electricity 2019 saw stalled growth as renewables rose slightly, wind expanded, nuclear output fell, coal hit record lows, and net-zero targets demand faster deployment to cut CO2 intensity below 100gCO2/kWh.

 

Key Points

Low-carbon sources supplied 54% of UK power in 2019, up just 1TWh; wind grew, nuclear fell, and coal dropped to 2%.

✅ Wind up 8TWh; nuclear down 9TWh amid outages

✅ Fossil fuels 43% of generation; coal at 2%

✅ Net-zero needs 15TWh per year added to 2030

 

The amount of electricity generated by low-carbon sources in the UK stalled in 2019, Carbon Brief analysis shows.

Low-carbon electricity output from wind, solar, nuclear, hydro and biomass rose by just 1 terawatt hour (TWh, less than 1%) in 2019. It represents the smallest annual increase in a decade, where annual growth averaged 9TWh. This growth will need to double in the 2020s to meet UK climate targets while replacing old nuclear plants as they retire.

Some 54% of UK electricity generation in 2019 came from low-carbon sources, including 37% from renewables and 20% from wind alone, underscoring wind's leading role in the power mix during key periods. A record-low 43% was from fossil fuels, with 41% from gas and just 2% from coal, also a record low. In 2010, fossil fuels generated 75% of the total.

Carbon Brief’s analysis of UK electricity generation in 2019 is based on figures from BM Reports and the Department for Business, Energy and Industrial Strategy (BEIS). See the methodology at the end for more on how the analysis was conducted.

The numbers differ from those published earlier in January by National Grid, which were for electricity supplied in Great Britain only (England, Wales and Scotland, but excluding Northern Ireland), including via imports from other countries.

Low-carbon low
In 2019, the UK became the first major economy to target net-zero greenhouse gas emissions by 2050, increasing the ambition of its legally binding Climate Change Act.

To date, the country has cut its emissions by around two-fifths since 1990, with almost all of its recent progress coming from the electricity sector.

Emissions from electricity generation have fallen rapidly in the decade since 2010 as coal power has been almost phased out and even gas output has declined. Fossil fuels have been displaced by falling demand and by renewables, such as wind, solar and biomass.

But Carbon Brief’s annual analysis of UK electricity generation shows progress stalled in 2019, with the output from low-carbon sources barely increasing compared to a year earlier.

The chart below shows low-carbon generation in each year since 2010 (grey bars) and the estimated level in 2019 (red). The pale grey bars show the estimated future output of existing low-carbon sources after old nuclear plants retire and the pale red bars show the amount of new generation needed to keep electricity sector emissions to less than 100 grammes of CO2 per kilowatt hour (gCO2/kWh), the UK’s nominal target for the sector.

 Annual electricity generation in the UK by fuel, terawatt hours, 2010-2019. Top panel: fuel by fuel. Bottom panel: cumulative total generation from all sources. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
As the chart shows, the UK will require significantly more low-carbon electricity over the next decade as part of meeting its legally binding climate goals.

The nominal 100gCO2/kWh target for 2030 was set in the context of the UK’s less ambitious goal of cutting emissions to 80% below 1990 levels by 2050. Now that the country is aiming to cut emissions to net-zero by 2050, that 100gCO2/kWh indicator is likely to be the bare minimum.

Even so, it would require a rapid step up in the pace of low-carbon expansion, compared to the increases seen over the past decade. On average, low-carbon generation has risen by 9TWh each year in the decade since 2010 – including a rise of just 1TWh in 2019.

Given scheduled nuclear retirements and rising demand expected by the Committee on Climate Change (CCC) – with some electrification of transport and heating – low-carbon generation would need to increase by 15TWh each year until 2030, just to meet the benchmark of 100gCO2/kWh.

For context, the 3.2 gigawatt (GW) Hinkley C new nuclear plant being built in Somerset will generate around 25TWh once completed around 2026. The world’s largest offshore windfarm, the 1.2GW Hornsea One scheme off the Yorkshire coast, will generate around 5TWh each year.

The new Conservative government is targeting 40GW of offshore wind by 2030, up from today’s figure of around 8GW. If policies are put in place to meet this goal, then it could keep power sector emissions below 100gCO2/kWh, depending on the actual performance of the windfarms built.

However, new onshore wind and solar, further new nuclear or other low-carbon generation, such as gas with carbon capture and storage (CCS), is likely to be needed if demand is higher than expected, or if the 100gCO2/kWh benchmark is too weak in the context of net-zero by 2050.

The CCC says it is “likely” to “reflect the need for more rapid deployment” of low-carbon towards net-zero emissions in its advice on the sixth UK carbon budget for 2033-2037, due in September.

Trading places
Looking more closely at UK electricity generation in 2019, Carbon Brief’s analysis shows why there was so little growth for low-carbon sources compared to the previous year.

There was another increase for wind power in 2019 (up 8TWh, 14%), with record wind generation as several large new windfarms were completed including the 1.2GW Hornsea One project in October and the 0.6GW Beatrice offshore windfarm in Q2 of 2019. But this was offset by a decline for nuclear (down 9TWh, 14%), due to ongoing outages for reactors at Hunterston in Scotland and Dungeness in Kent.

(Analysis of data held by trade organisation RenewableUK suggests some 0.6GW of onshore wind capacity also started operating in 2019, including the 0.2GW Dorenell scheme in Moray, Scotland.)

As a result of these movements, the UK’s windfarms overtook nuclear for the first time ever in 2019, becoming the country’s second-largest source of electricity generation, and earlier, wind and solar together surpassed nuclear in the UK as momentum built. This is shown in the figure below, with wind (green line, top panel) trading places with nuclear (purple) and gas (dark blue) down around 25% since 2010 but remaining the single-largest source.

 Annual electricity generation in the UK by fuel, terawatt hours, 2010-2019. Top panel: fuel by fuel. Bottom panel: cumulative total generation from all sources. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
The UK’s currently suspended nuclear plants are due to return to service in January and March, according to operator EDF, the French state-backed utility firm. However, as noted above, most of the UK’s nuclear fleet is set to retire during the 2020s, with only Sizewell B in Suffolk due to still be operating by 2030. Hunterston is scheduled to retire by 2023 and Dungeness by 2028.

Set against these losses, the UK has a pipeline of offshore windfarms, secured via “contracts for difference” with the government, at a series of auctions. The most recent auction, in September 2019, saw prices below £40 per megawatt hour – similar to current wholesale electricity prices.

However, the capacity contracted so far is not sufficient to meet the government’s target of 40GW by 2030, meaning further auctions – or some other policy mechanism – will be required.

Coal zero
As well as the switch between wind and nuclear, 2019 also saw coal fall below solar for the first time across a full year, echoing the 2016 moment when wind outgenerated coal across the UK, after it suffered another 60% reduction in electricity output. Just six coal plants remain in the UK, with Aberthaw B in Wales and Fiddlers Ferry in Cheshire closing in March.

Coal accounted for just 2% of UK generation in 2019, a record-low coal share since centralised electricity supplies started to operate in 1882. The fuel met 40% of UK needs as recently as 2012, but has plummeted thanks to falling demand, rising renewables, cheaper gas and higher CO2 prices.

The reduction in average coal generation hides the fact that the fuel is now often not required at all to meet the UK’s electricity needs. The chart below shows the number of days each year when coal output was zero in 2019 (red line) and the two previous years (blue).

 Cumulative number of days when UK electricity generation from renewable sources has been higher than that from fossil fuels. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
The 83 days in 2019 with zero coal generation amount to nearly a quarter of the year and include the record-breaking 18-day stretch without the fuel.

Great Britain has been running for a record TWO WEEKS without using coal to generate electricity – the first time this has happened since 1882.

The country’s grid has been coal-free for 45% of hours in 2019 so far.https://www.carbonbrief.org/countdown-to-2025-tracking-the-uk-coal-phase-out …

Coal generation was set for significant reductions around the world in 2019 – including a 20% reduction for the EU as a whole – according to analysis published by Carbon Brief in November.

Notably, overall UK electricity generation fell by another 9TWh in 2019 (3%), bringing the total decline to 58TWh since 2010. This is equivalent to more than twice the output from the Hinkley C scheme being built in Somerset. As Carbon Brief explained last year, falling demand has had a similar impact on electricity-sector CO2 emissions as the increase in output from renewables.

This is illustrated by the fact that the 9TWh reduction in overall generation translated into a 9TWh (6%) cut in fossil-fuel generation during 2019, with coal falling by 10TWh and gas rising marginally.

Increasingly renewable
As fossil-fuel output and overall generation have declined, the UK’s renewable sources of electricity have continued to increase. Their output has risen nearly five-fold in the past decade and their share of the UK total has increased from 7% in 2010 to 37% in 2019.

As a result, the UK’s increasingly renewable grid is seeing more minutes, hours and days during which the likes of wind, solar and biomass collectively outpace all fossil fuels put together, and on some days wind is the main source as well.

The chart below shows the number of days during each year when renewables generated more electricity than fossil fuels in 2019 (red line) and each of the previous four years (blue lines). In total, nearly two-fifths of days in 2019 crossed this threshold.

 Cumulative number of days when the UK has not generated any electricity from coal. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
There were also four months in 2019 when renewables generated more of the UK’s electricity than fossil fuels: March, August, September and December. The first ever such month came in September 2018 and more are certain to follow.

National Grid, which manages Great Britain’s high-voltage electricity transmission network, is aiming to be able to run the system without fossil fuels by 2025, at least for short periods. At present, it sometimes has to ask windfarm operators to switch off and gas plants to start running in order to keep the electricity grid stable.

Note that biomass accounted for 11% of UK electricity generation in 2019, nearly a third of the total from all renewables. Some two-thirds of the biomass output is from “plant biomass”, primarily wood pellets burnt at Lynemouth in Northumberland and the Drax plant in Yorkshire. The remainder was from an array of smaller sites based on landfill gas, sewage gas or anaerobic digestion.

The CCC says the UK should “move away” from large-scale biomass power plants, once existing subsidy contracts for Drax and Lynemouth expire in 2027.

Using biomass to generate electricity is not zero-carbon and in some circumstances could lead to higher emissions than from fossil fuels. Moreover, there are more valuable uses for the world’s limited supply of biomass feedstock, the CCC says, including carbon sequestration and hard-to-abate sectors with few alternatives.

Methodology
The figures in the article are from Carbon Brief analysis of data from BEIS Energy Trends chapter 5 and chapter 6, as well as from BM Reports. The figures from BM Reports are for electricity supplied to the grid in Great Britain only and are adjusted to include Northern Ireland.

In Carbon Brief’s analysis, the BM Reports numbers are also adjusted to account for electricity used by power plants on site and for generation by plants not connected to the high-voltage national grid. This includes many onshore windfarms, as well as industrial gas combined heat and power plants and those burning landfill gas, waste or sewage gas.

By design, the Carbon Brief analysis is intended to align as closely as possible to the official government figures on electricity generated in the UK, reported in BEIS Energy Trends table 5.1.

Briefly, the raw data for each fuel is in most cases adjusted with a multiplier, derived from the ratio between the reported BEIS numbers and unadjusted figures for previous quarters.

Carbon Brief’s method of analysis has been verified against published BEIS figures using “hindcasting”. This shows the estimates for total electricity generation from fossil fuels or renewables to have been within ±3% of the BEIS number in each quarter since Q4 2017. (Data before then is not sufficient to carry out the Carbon Brief analysis.)

For example, in the second quarter of 2019, a Carbon Brief hindcast estimates gas generation at 33.1TWh, whereas the published BEIS figure was 34.0TWh. Similarly, it produces an estimate of 27.4TWh for renewables, against a BEIS figure of 27.1TWh.

National Grid recently shared its own analysis for electricity in Great Britain during 2019 via its energy dashboard, which differs from Carbon Brief’s figures.

 

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Nuclear plants produce over half of Illinois electricity, almost faced retirement

Illinois Zero Emission Credits support nuclear plants via tradable credits tied to wholesale electricity prices, carbon costs, created by the Future Energy Jobs Bill to avert Exelon closures and sustain low-carbon power.

 

Key Points

State credits that value nuclear power's zero-carbon output, priced by market and carbon metrics to keep plants running.

✅ Pegged to wholesale prices, carbon costs, and state averages.

✅ Created by Future Energy Jobs Bill to prevent plant retirements.

✅ Supports Exelon Quad Cities and Clinton nuclear facilities.

 

Nuclear plants have produced over half of Illinois electricity generation since 2010, but the states two largest plants would have been retired amid the debate over saving nuclear plants if the state had not created a zero emission credit (ZEC) mechanism to support the facilities.

The two plants, Quad Cities and Clinton, collectively delivered more than 12 percent of the states electricity generation over the past several years. In May 2016, however, Exelon, the owner of the plants, announced that they had together lost over $800 million dollars over the previous six years and revealed plans to retire them in 2017 and 2018, similar to the Three Mile Island closure later announced for 2019 by its owner.

In December 2016, Illinois passed the Future Energy Jobs Bill, which established a zero emission credit (ZEC) mechanism

to support the plants financially. Exelon then cancelled its plans to retire the two facilities.

The ZEC is a tradable credit that represents the environmental attributes of one megawatt-hour of energy produced from the states nuclear plants. Its price is based on a number of factors that include wholesale electricity market prices, nuclear generation costs, state average market prices, and estimated costs of the long-term effects of carbon dioxide emissions.

The bill is set to take effect in June, but faces multiple court challenges as some utilities have expressed concerns that the ZEC violates the commerce clause and affects federal authority to regulate wholesale energy prices, amid gas-fired competition in nearby markets that shapes the revenue outlook.

Illinois ranks first in the United States for both generating capacity and net electricity generation from nuclear power, a resource many see as essential for net-zero emissions goals, and accounts for approximately one-eighth of the nuclear power generation in the nation.

 

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Brazil government considers emergency Coronavirus loans for power sector

Brazil Energy Emergency Loan Package aims to bolster utilities via BNDES as coronavirus curbs electricity demand. Aneel and the Mines and Energy Ministry weigh measures while Eletrobras privatization and auctions face delays.

 

Key Points

An emergency plan supporting Brazilian utilities via BNDES and banks during coronavirus demand slumps and payment risks.

✅ Modeled on 2014-2015 sector loans via BNDES and private banks

✅ Addresses cash flow from lower demand and bill nonpayment

✅ Auctions and Eletrobras privatization delayed amid outbreak

 

Brazil’s government is considering an emergency loan package for energy distributors struggling with lower energy use and facing lost revenues because of the coronavirus outbreak, echoing strains seen elsewhere such as Germany's utility troubles during the energy crisis, an industry group told Reuters.

Marcos Madureira, president of Brazilian energy distributors association Abradee, said the package being negotiated by companies and the government could involve loans from state development bank BNDES or a pool of banks, but that the value of the loans and other details was not yet settled.

Also, Brazil’s Mines and Energy Ministry is indefinitely postponing projects to auction off energy transmission and generation assets planned for this year because of the coronavirus, even as the need for electricity during COVID-19 remained critical, it said in the Official Gazette.

The coronavirus outbreak will also delay the privatization of state-owned utility Eletrobras, its chief executive officer said on Monday.

The potential loan package under discussion would resemble a similar measure in 2014 and 2015 that offered about 22 billion reais ($4.2 billion) in loans to the sector as Brazil was entering its deepest recession on record, and drawing comparisons to a proposed Texas market bailout after a winter storm, Madureira said.

Public and private banks including BNDES, Caixa Economica Federal, Itau Unibanco and Banco Bradesco participated in those loans.

Three sources involved in the discussions said on condition of anonymity that the Mines and Energy Ministry and energy regulator Aneel were considering the matter.

Aneel declined to comment. The Mines and Energy Ministry and BNDES did not immediately respond to requests for comment.

Energy distributors worry that reduced electricity demand during COVID-19 could result in deep revenue losses.

The coronavirus has led to widespread lockdowns of non-essential businesses in Brazil, while citizens are being told to stay home. That is causing lost income for many hourly and informal workers in Brazil, who could be unable to pay their electricity bills, raising risks of pandemic power shut-offs for vulnerable households.

The government sees a loan package as a way to stave off a potential chain of defaults in the sector, a move discussed alongside measures such as a Brazil tax strategy on energy prices, one of the sources said.

On a conference call with investors about the company’s latest earnings, Eletrobras CEO Wilson Ferreira Jr. said privatization would be delayed, without giving any more details on the projected time scale.

The largest investors in Brazil’s energy distribution sector include Italy’s Enel, Spain’s Iberdrola via its subsidiary Neoenergia and China’s State Grid via CPFL Energia, with Chinese interest also evidenced by CTG's bid for EDP, as well as local players Energisa e Equatorial Energia. 

 

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Wind has become the ‘most-used’ source of renewable electricity generation in the US

U.S. Wind Generation surpassed hydroelectric output in 2019, EIA data shows, becoming the top renewable electricity source, driven by PTC incentives, expanded capacity, and utility-scale projects across states, boosting the national electricity mix.

 

Key Points

U.S. Wind Generation is the nation's top renewable, surpassing hydro as EIA-tracked capacity grows under PTC incentives.

✅ EIA: wind topped hydro in 2019, over 300M MWh generated

✅ PTC credits spurred growth in utility-scale wind projects

✅ 103 GW installed; 77% added in the last decade

 

Last year saw wind power surging in the U.S. to overtake hydroelectric generation for the first time, according to data from the U.S. Energy Information Administration (EIA).

Released Wednesday, the figures from the EIA’s “Electric Power Monthly” report show that yearly wind generation hit a little over 300 million megawatt hours (MWh) in 2019. This was roughly 26 million MWh more than hydroelectric production.

Wind now represents the “most-used renewable electricity generation source” in the U.S., the EIA said, and renewables hit a 28% monthly record in April in later data.

Overall, total renewable electricity generation — which includes sources such as solar's 4.7% share in 2022 as one example, geothermal and landfill gas — at utility scale facilities hit more than 720 million MWh in 2019, compared to just under 707 million MWh in 2018. To put things in perspective, generation from coal came to more than 966 million MWh in 2019, while renewables surpassed coal in 2022 nationally according to later analyses.

According to the EIA’s “Today in Energy” briefing, which was also published Wednesday, generation from wind power has grown “steadily” across the last decade, and by 2020, renewables became the second-most prevalent source in the U.S. power mix.

This, it added, was partly down to the extension of the Production Tax Credit, or PTC, amid favorable government plans supporting solar and wind growth. According to the EIA, the PTC is a system which gives operators a tax credit per kilowatt hour of renewable electricity production. It applies for the first 10 years of a facility’s operation.

At the end of 2019, the country was home to 103 gigawatts (GW) of wind capacity, with 77% of this being installed in the last decade, and wind capacity surpassed hydro in 2016 according to industry data. The U.S. is home 80 GW of hydroelectric capacity, according to the EIA.

“The past decade saw a steady increase in wind capacity across the country and we capped the decade with a monumental achievement for the industry in reaching more than 100 GW,” Tom Kiernan, the American Wind Energy Association’s CEO, said in a statement issued Thursday.

“And more wind energy is coming, as the industry is well into investing $62 billion in new projects over the next few years that put us on the path to achieving 20 percent of the nation’s electricity mix in 2030,” Kiernan went on to state.

“As a result, wind is positioned to remain the largest renewable energy generator in the country for the foreseeable future.”

 

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Wind and solar make more electricity than nuclear for first time in UK

UK Renewables Surpass Nuclear Milestone as wind farms and solar panels outpace atomic output, cutting greenhouse gas emissions. BEIS data show low-carbon power generation rising while onshore wind subsidies and auction timelines face policy debate.

 

Key Points

It is the quarter when UK wind and solar generated more electricity than nuclear, signaling cleaner, low-carbon growth.

✅ BEIS reports wind and solar at 18.33 TWh vs nuclear 16.69 TWh

✅ Energy sector emissions fell 8% as coal use dropped

✅ Calls grow to reopen onshore wind support via CFD auctions

 

Wind farms and solar panels, with wind leading the power mix during key periods, produced more electricity than the UK’s eight nuclear power stations for the first time at the end of last year, official figures show.

Britain’s greenhouse gas emissions also continued to fall, dropping 3% in 2017, as coal use fell and the use of renewables climbed, though low-carbon generation stalled in 2019 according to later data.

Energy experienced the biggest drop in emissions of any UK sector, of 8%, while pollution from transport and businesses stayed flat.

Energy industry chiefs said the figures showed that the government should rethink its ban on onshore wind subsidies, a move that ministers have hinted could happen soon.

Lawrence Slade, chief executive of the big six lobby group Energy UK, said: “We need to keep up the pace ... by ensuring that the lowest cost renewables are no longer excluded from the market.”

Across the whole year, low-carbon sources of power – wind, solar, biomass and nuclear – provided a record 50.4% of electricity, up from 45.7% in 2016, when wind beat coal for the first time.

But in the fourth quarter of 2017, high wind speeds, new renewables installations and lower nuclear output saw wind and solar becoming the second biggest source of power for the first time.

Wind and solar generated 18.33 terawatt hours (TWh), with nuclear on 16.69TWh, and the UK later set a new record for wind power during 2019, the figures published by the Department for Business, Energy and Industrial Strategy show.

But renewables still have a long way to go to catch up with gas, the UK’s top source of electricity at 36.12TWh, which saw its share of generation fall slightly, though at times wind became the main source as capacity expanded.

Greenpeace said the figures showed the government should capitalise on its lead in renewables and “stop wasting time and money propping up nuclear power”.

Horizon Nuclear Power, a subsidiary of the Japanese conglomerate Hitachi, is in talks with Whitehall officials for a financial support package from the government, which it says it needs by midsummer.

By contrast, large-scale solar and onshore wind projects are not eligible for support, after the Conservative government cut subsidies in 2015.

However the energy minister, Claire Perry, recently told House Magazine that “we will have another auction that brings forward wind and solar, we just haven’t yet said when”.

 

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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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