Former Nicor Energy Executives Indicted

By Associated Press


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Three former top executives of an energy marketing company and an attorney were indicted recently on charges of inflating earnings by as much as $6 million two years ago to earn bonuses.

The indictment charged fraud at Nicor Energy, a now-defunct joint venture of Naperville, Ill.-based Nicor Inc. and Houston-based Dynegy Inc. to buy and sell natural gas and electricity. The executives also were charged with civil fraud Wednesday in a separate lawsuit brought by the Securities and Exchange Commission.

``The essence of the fraud was that Nicor Energy cooked the books so the three executives could get bonuses and the lawyer could keep getting legal business,'' U.S. Attorney Patrick J. Fitzgerald said in unveiling the five-count wire fraud indictment.

It was the latest problem for Nicor Inc., which has also been accused of deceiving the Illinois Commerce Commission in promising to buy low-cost gas and split the savings with consumers. It allegedly used gas that it had been storing since the 1950s.

Nicor Energy was a joint venture of Nicor Inc. and Houston-based Dynegy Inc., to buy and sell natural gas and electricity. Nicor Inc., which was not accused of wrongdoing in the indictment, saw its stock tumble roughly 40 percent when it revealed the financial problems at Nicor Energy.

Fitzgerald said the three executives have told federal prosecutors they will plead guilty in the criminal case and are cooperating in the ongoing investigation. He declined to provide details, and the executives' lawyers could not immediately be reached for comment.

The executives are Kevin Stoffer, 45, of Naperville, former president and chief executive officer of Nicor Energy; Andrew Johnson, 43, of Elmhurst, former director of financial services; and John Fringer, 43, of Naperville, who headed the company's electric power business.

Also charged was Michael Munson, 38, of Chicago, the company's attorney. Fitzgerald said he helped to engineer the alleged fraud with an eye to getting more legal business from Nicor Energy and eventually landing a job as its general counsel.

Munson attorney Steven M. Kowal said his client was innocent of any wrongdoing.

``We hope a jury will understand that Mr. Munson is not responsible for the decisions of the company's management,'' Kowal said.

Wire fraud carries a maximum penalty of five years in prison and a $250,000 fine.

While federal prosecutors were unveiling the criminal indictment, the Securities and Exchange Commission was filing a civil lawsuit against the three executives and another one, John F. Weir of Trevor, Wis., former director of gas services and the major markets division.

The SEC said the profit of more than $4 million the company declared for 2001 was bogus and should have been reported as a $7.47 million loss.

``This shows a disturbing pattern of accounting shenanigans,'' said Robert J. Burson, SEC senior associate regional director.

Officials said the three executives were attempting to meet 2001 profit targets that would have triggered a total of $400,000 in bonuses for themselves and others at the company.

``This wasn't generally accepted accounting principles in this case, or the new math,'' said Thomas J. Kneir, head of the FBI's Chicago office. ``This was plain simple fraud.''

Nicor Inc. is a holding company whose major asset is Nicor Gas, which supplies natural gas to 2 million customers throughout the northern third of Illinois outside Chicago. Spokesman Don Ingle said last year the company had before-tax income of $186 million. Nicor Inc. invested about $15 million in Nicor Energy, which had 130,000 customers.

``We discovered the accounting irregularities at Nicor Energy as part of our year-end audit, and we publicly disclosed those findings to the federal authorities and the investment community,'' Ingle said. ``We've cooperated fully throughout the investigation, and we're pleased that this has come to a resolution.''

Shares of Nicor close down 43 cents at $33.38 in trading Wednesday on the New York Stock Exchange, while Dynegy shares dropped 5 cents to $3.99.

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The Need for Electricity During the COVID-19 Pandemic

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

 

Key Points

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

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

✅ Stable residential load offsets industrial weakness

✅ Guidance largely reaffirmed by major utilities

 

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

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

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

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

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

 

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Clean, affordable electricity should be an issue in the Ontario election

Ontario Electricity Supply Gap threatens growth as demand from EVs, heat pumps, industry, and greenhouses surges, pressuring the grid and IESO to add nuclear, renewables, storage, transmission, and imports while meeting net-zero goals.

 

Key Points

The mismatch as Ontario's electricity demand outpaces supply, driven by electrification, EVs, and industrial growth.

✅ Demand growth from EVs, heat pumps, and electrified industry

✅ Capacity loss from Pickering retirement and Darlington refurb

✅ Options: SMRs, renewables, storage, conservation, imports

 

Ontario electricity demand is forecast to soon outstrip supply as it confronts a shortage in the coming years, a problem that needs attention in the upcoming provincial election.

Forecasters say Ontario will need to double its power supply by 2050 as industries ramp up demand for low-emission clean power options and consumers switch to electric vehicles and space heating. But while the Ford government has made a flurry of recent energy announcements, including a hydrogen project at Niagara Falls and an interprovincial agreement on small nuclear reactors, it has not laid out how it intends to bulk up the province’s power supply.

“Ontario is entering a period of widening electricity shortfalls,” says the Ontario Chamber of Commerce. “Having a plan to address those shortfalls is essential to ensure businesses can continue investing and growing in Ontario with confidence.”

The supply and demand mismatch is coming because of brisk economic growth combined with increasing electrification to balance demand and emissions and meet Canada’s goal to reduce CO2 emissions by 40 per cent by 2030 and to net-zero by 2050.

Hamilton’s ArcelorMittal Dofasco and Algoma Steel in Sault Ste. Marie are leaders on this transformation. They plan to replace their blast furnaces and basic oxygen furnaces later this decade with electric arc furnaces (EAFs), reducing annual CO2 emissions by three million tonnes each.


Dofasco, which operates an EAF that is already the single largest electricity user in Ontario, plans to build a second EAF and a gas-fired ironmaking furnace, which can also be powered with zero-carbon hydrogen produced from electricity, once it becomes available.

Other new projects in the agriculture, mining and manufacturing sectors are also expected to be big power users, including the recently announced $5 billion Stellantis-LG electric vehicle battery plant in Windsor. Five new transmission lines will be built to service the plant and the burgeoning greenhouse industry in southwestern Ontario. The greenhouses alone will require enough additional electricity to power a city the size of Ottawa.

On top of these demands, growing numbers of Ontario drivers are expected to switch to electric vehicles and many homeowners and business owners are expected to convert from gas heating to heat pumps and electric heating.

Ontario is recognized as one of the cleanest electricity systems in the world, with over 90 per cent of its capacity from low-emission nuclear, hydro, wind and other renewable generation. Only nine per cent comes from CO2-emitting gas plants. But that’s about to get dirtier according to analysts.

Annual electricity demand is expected to grow from 140 terawatt hours (a terawatt hour is one trillion watts for one hour) currently to about 200 terawatt hours in 2042, according to the Independent Electricity System Operator, the agency that manages Ontario’s grid.

Demand is expected to outstrip currently contracted supply in 2026, reaching a growing supply gap of about 80 terawatt hours by 2042. A big part of this gap is due to the scheduled retirement of the Pickering nuclear station in 2025 and the current refurbishment of the Darlington nuclear station reactors. While the IESO doesn’t expect blackouts or brownouts, it forecasts the province will need to sharply increase expensive power imports and triple the amount of CO2-polluting gas-fired generation.

Without cleaner, lower-cost alternatives, this will mean “a vastly dirtier and more expensive electricity system,” York University researchers Mark Winfield and Collen Kaiser said in a recent commentary.

The party that wins the provincial election will have to make hard decisions on renewable energy, including new wind and solar projects, energy conservation, battery storage, new hydro plants, small nuclear reactors, gas generation and power imports from the U.S. and Quebec. In addition, the federal government is pressing the provinces to meet a new net-zero clean electricity standard by 2035. These decisions will have huge impact on Ontario’s future, with greening the grid costs highlighted in some reports as potentially very high.

With so much at stake, Ontario’s political parties need to tell voters during the upcoming campaign how they would address these enormous challenges.

 

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Northvolt Affirms Continuation of EV Battery Plant Project Near Montreal

Northvolt Montreal EV Battery Plant advances as a Quebec clean energy hub, leveraging hydroelectric power to supply EV batteries, strengthen North American supply chains, and support automakers' electrification with sustainable manufacturing and regional distribution.

 

Key Points

A Quebec-based EV battery facility using hydroelectric power to scale sustainable production for North America.

✅ Powered by Quebec hydro for lower-carbon cell manufacturing

✅ Strengthens North American EV supply chain resilience

✅ Creates local jobs, R&D, and advanced manufacturing skills

 

Northvolt, a prominent player in the electric vehicle (EV) battery industry, has reaffirmed its commitment to proceed with its battery plant project near Montreal as originally planned. This development marks a significant step forward in Northvolt's expansion strategy and signals confidence in Canada's role in the global EV market.

The decision to move forward with the EV battery plant project near Montreal underscores Northvolt's strategic vision to establish a strong foothold in North America's burgeoning electric vehicle sector. The plant is poised to play a crucial role in meeting the growing demand for sustainable battery solutions as automakers accelerate their transition towards electrification.

Located strategically in Quebec, a province known for its abundant hydroelectric power and supportive government policies towards clean energy initiatives, including major Canada-Quebec investments in battery assembly, the battery plant project aligns with Canada's commitment to promoting green technology and reducing carbon emissions. By leveraging Quebec's renewable energy resources, Northvolt aims to produce batteries with a lower carbon footprint compared to traditional manufacturing processes.

The EV battery plant is expected to contribute significantly to the local economy by creating jobs, stimulating economic growth, and fostering technological innovation in the region, much as a Niagara Region battery plant is catalyzing development in Ontario. As Northvolt progresses with its plans, collaboration with local stakeholders, including government agencies, educational institutions, and industry partners, will be pivotal in ensuring the project's success and maximizing its positive impact on the community.

Northvolt's decision to advance the battery plant project near Montreal also reflects broader trends in the global battery manufacturing landscape. With increasing emphasis on sustainability and supply chain resilience, companies like Northvolt are investing in diversified production capabilities, including projects such as a $1B B.C. battery plant, to meet regional market demands and reduce dependency on overseas suppliers.

Moreover, the EV battery plant project near Montreal represents a milestone in Canada's efforts to strengthen its position in the global electric vehicle supply chain, with EV assembly deals helping put the country in the race. By attracting investments from leading companies like Northvolt, Canada aims to build a robust ecosystem for electric vehicle manufacturing and innovation, driving economic competitiveness and environmental stewardship.

The plant's proximity to key markets in North America further enhances its strategic value, enabling efficient distribution of batteries to automotive manufacturers across the continent. This geographical advantage positions Northvolt to capitalize on the growing demand for electric vehicles in Canada, the United States, and beyond, supporting Canada-U.S. collaboration on supply chains and market growth.

Looking ahead, Northvolt's commitment to advancing the EV battery plant project near Montreal underscores its long-term vision and dedication to sustainable development. As the global electric vehicle market continues to evolve, alongside the U.S. auto sector's pivot to EVs, investments in battery manufacturing infrastructure will play a critical role in shaping the industry's future landscape and accelerating the adoption of clean transportation technologies.

In conclusion, Northvolt's affirmation to proceed with the EV battery plant project near Montreal represents a significant milestone in Canada's transition towards sustainable mobility solutions. By harnessing Quebec's renewable energy resources and fostering local partnerships, Northvolt aims to establish a state-of-the-art manufacturing facility that not only supports the growth of the electric vehicle sector but also contributes to Canada's leadership in clean technology innovation, bolstered by initiatives like Nova Scotia vehicle-to-grid pilots that strengthen grid readiness nationwide. As the project moves forward, its impact on economic growth, job creation, and environmental sustainability is expected to resonate positively both locally and globally.

 

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Multi-billion-dollar hydro generation project proposed for Meaford military base

Meaford Pumped Storage Project aims to balance the grid with hydro-electric generation, a hilltop reservoir, and transmission lines near Georgian Bay, pending environmental assessment, permitting, and federal review of impacts on fish and drinking water.

 

Key Points

TC Energy proposal to pump water uphill off-peak and generate 1,000 MW at peak, pending studies and approvals.

✅ Balances grid by storing off-peak energy and generating at peak.

✅ Requires reservoir, break wall, transmission lines, generating station.

✅ Environmental studies and federal review underway before approvals.

 

Plans for a $3.3 billion hydro-electric project in Meaford are still in the early study stages, but some residents have concerns about what it might mean for the environment, as past Site C stability issues have illustrated for large hydro projects.

A one-year permit was granted for TC Energy Corporation (TC Energy) to begin studies on the proposed location back in May, and cross-border projects like the New England Clean Power Link require federal permits as well to proceed. Local municipalities were informed of the project in June.

TC Energy is proposing to have a pumped storage project at the 4th Canadian Division Training (4CDTC) Meaford property, which is on federal lands.

A letter sent to local municipalities explains that the plan is to balance supply and demand on the electrical grid by pumping water uphill during off-peak hours. It would then release the water back into Georgian Bay during peak periods, generating up to 1,000 megawatts of electricity.

The project is expected to create 800 jobs over four years of construction, in addition to long-term operational positions.


 

According to the company's website, the proposed pump station would require a large reservoir on the military base, a generating station, transmission lines infrastructure, and a break wall 850 metres from shore.

Some residents fear the project will threaten the bay and the fish, echoing Site C dam concerns shared with northerners, and the region's drinking water.

Meaford's mayor says the town has no jurisdiction on federal lands, but that a list of concerns has been forwarded to the company, while Ontario First Nations have urged government action on urgent transmission needs elsewhere.

TC Energy will tackle preliminary engineering and environmental studies to determine the feasibility of the proposed location, which could take up to two years.

Once the assessments are done, they need to be presented to the government for further review and approval, as seen when Ottawa's Site C stance left work paused pending a treaty rights challenge.

TC Energy's website states that the company anticipates construction to begin in 2022 if it gets all the go-ahead, with the plant to begin operations four years later.

Input from residents is being collected until April 2020, similar to when the National Energy Board heard oral traditional evidence on the Manitoba-Minnesota transmission line.

 

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Ontario hydro rates set to increase Nov. 1, Ontario Energy Board says

Ontario Electricity Rebate clarifies hydro rates as OEB aligns bills with inflation, shows true cost per kilowatt hour, and replaces Fair Hydro Plan; transparent on-bill credit offsets increases tied to nuclear refurbishment and supply costs.

 

Key Points

A line-item credit on Ontario hydro bills that offsets higher electricity costs and reflects OEB-set rates.

✅ Starts Nov. 1 with rates in line with inflation

✅ Shows true per-kWh cost plus separate rebate line

✅ Driven by nuclear refurbishment and supply costs

 

The Ontario Energy Board says electricity rate changes for households and small businesses will be going up starting next week.

The agency says rates are scheduled to increased by about $1.99 or nearly 2% for a typical residential customer who uses 700 kilowatt hours per month.

The provincial government said in March it would continue to subsidize hydro rates, through legislation to lower rates, and hold any increases to the rate of inflation.

The OEB says the new rates, which the board says are “in line” with inflation, will take effect Nov. 1 as changes for electricity consumers roll out and could be noticed on bills within a few weeks of that date.

Prices are increasing partly due to government legislation aimed at reflecting the actual cost of supply on bills, and partly due to the refurbishment of nuclear facilities, contributing to higher hydro bills for some consumers.

So, effective November 1, Ontario electricity bills will show the true cost of power, after a period of a fixed COVID-19 hydro rate, and will include the new Ontario Electricity Rebate.

Previously the electricity rebate was concealed within the price-per-kilowatt-hour line item on electricity statements, prompting Hydro One bill redesign discussions to improve clarity. This meant customers could not see how much the government rebate was reducing their monthly costs, and bills did not display the true cost of electricity used.

"People deserve facts and accountability, especially when it comes to hydro costs," said Energy Minister Rickford.

The new Ontario Electricity Rebate will appear as a transparent on-bill line item and will replace the former government's Fair Hydro Plan says a government news release. This change comes in response to the Auditor General's special report on the former government's Fair Hydro Plan which revealed that "the government created a needlessly complex accounting/financing structure for the electricity rate reduction in order to avoid showing a deficit or an increase in net debt."

"The Electricity Distributors Association commends the government's commitment to making Ontario's electricity bills more transparent," said Teresa Sarkesian, President of the Electricity Distributors Association. "As the part of our electricity system that is closest to customers, local hydro utilities appreciated the opportunity to work with the government on implementing this important initiative. We worked to ensure that customers who receive their electricity bill will have a clear understanding of the true cost of power and the amount of their on-bill rebate. Local hydro utilities are focused on making electricity more affordable, reducing red tape, and providing customers with a modern and reliable electricity system that works for them."

The average customer will see the electricity line on their bill rise, showing the real cost per kilowatt hour. The new Ontario Electricity Rebate will compensate for that rise, and will be displayed as a separate line item on hydro bills. The average residential bill will rise in line with the rate of inflation.

 

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Ontario unveils new tax breaks, subsidized hydro plan to spur economic recovery from COVID-19

Ontario COVID-19 Business Tax Relief outlines permanent Employer Health Tax exemptions, lower Business Education Tax rates, optional municipal property tax cuts, and hydro bill subsidies to support small businesses, industrial and commercial recovery.

 

Key Points

A provincial package of tax breaks and hydro subsidies to help small, industrial, and commercial businesses recover.

✅ Permanent Employer Health Tax exemption to $1M payroll

✅ Lower Business Education Tax rates for 94% of firms

✅ Hydro subsidies cut medium-large rates by 14-16%

 

The Ontario government's latest plan to help businesses survive and recover from the COVID-19 pandemic includes a suite of new tax breaks for small businesses and $1.3 billion to subsidize electricity bills for industrial and commercial operations.

The new measures were announced Thursday as part of Ontario's 2020 budget, which sets new provincial records for both spending and deficit projections.

The government of Premier Doug Ford says the budget will address barriers impeding long-term growth, ensuring the province forges a path to a full recovery from the pandemic.

"When the pandemic is over, Ontario will come back with a vengeance, stronger and more prosperous than ever before," Ford said at an afternoon news conference.

Small businesses with payrolls under $1 million will no longer have to pay the Employer Health Tax. The province temporarily raised the exemption from $490,000 to $1 million earlier this year, but the government is now making the change permanent.

The higher exemption means that about 90 per cent of Ontario businesses will no longer have to pay the tax, amounting to about $360 million by 2022, according to the province.

"We have heard from employers across Ontario that this measure helped them keep workers on the job during COVID-19," Finance Minister Rod Phillips told the legislature.

The 2020 budget lowers rates for the Business Education Tax (BET), a property tax earmarked for public education. More than 200,000 Ontario businesses, or 94 per cent, will see a lower rate.

"I believe this budget takes some significant initial steps to help stabilize the economy and help businesses, especially small businesses," said Toronto Mayor John Tory in a statement. Tory's office estimates that reductions to the BET will result in $117 million in lower taxes for commercial properties in Canada's largest city.

Municipal governments will also be permitted to reduce property taxes for small businesses, should they choose to do so. The province says it will "consider matching these reductions," which could amount to $385 million in tax relief by 2023.

Finance Minister Rod Phillips tabled the largest spending plan in Ontario history on Thursday afternoon. (Frank Gunn/The Canadian Press)
Municipalities currently have few options to provide targeted relief to local businesses. Guelph Mayor Cam Guthrie, chair of Ontario's Big City Mayors, said the prospect of lowering property taxes will likely be welcomed by local governments across the province.

"I really am looking forward to looking into that because it would give targeted relief to these businesses that have been asking for something from local governments for the past nine months," he said in an interview.

Tax cuts 'won't help a boarded up business,' NDP says
The 2020 budget does not contain any new direct funding for small businesses or their employees. NDP leader Andrea Horwath, who has proposed to make hydro public again, said those types of funding would help businesses more than potential tax reductions.

"A future hydro or tax cut won't help a boarded up business and it certainly won't help the folks that used to work there," Horwath said.

"Those measures are great if you're a company that's doing really well ... but let's face it, main streets across Ontario are crumbling."

Ontario did reveal on Thursday more details about a previously announced $300-million fund to support businesses in Toronto, Ottawa, Peel Region and York Region, which were placed under modified Stage 2 restrictions this fall. The money can be used to cover property taxes and energy bills for eligible businesses.

In a similar move, B.C. provided a three-month break on electricity bills for residents and businesses during the pandemic.

An undetermined amount of the $300 million will also be made available to businesses that are placed under "control" and "lockdown" rules, which are the two most severe restrictions in the province's updated reopening guidelines announced in October.

No regions are currently under these restrictions.

Elsewhere, B.C. saw commercial electricity consumption plummet during the COVID-19 pandemic.

Government to subsidize hydro bills for industrial businesses
The Ford government, which earlier oversaw a Hydro One leadership overhaul, is also taking aim at what it calls "job-killing electricity prices" in Ontario's industrial and commercial sectors.

The budget includes a $1.3 billion investment over three years to subsidize their hydro bills, a move praised by Canadian Manufacturers & Exporters as supportive of industry, which the province says have been inflated due to contracts signed by the previous Liberal government to purchase electricity generated by wind, solar and bioenergy.

"This is the legacy that is making our businesses uncompetitive," Phillips told reporters Thursday afternoon.

Ontario says its $1.3-billion investment to subsidize electricity bills will offset expensive contracts for green energy signed by the previous Liberal government. (Patrick Pleul/dpa via Associated Press)
The investment will lower rates for medium- and large-sized business by between 14 and 16 per cent, and follows an OEB decision on Hydro One rates that affects transmission and distribution costs, according to Ontario's calculations. Phillips said those rates will be among the lowest of any jurisdiction in the Great Lakes region.

The provincial government said the investment is necessary for Ontario to recover from the COVID-19 downturn. The Ford government expects that no further subsidies will be required by around 2040.

 

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