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

Key Points

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

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Biden Clean Energy Plan 2035 accelerates carbon-free electricity with renewables, nuclear, hydropower, and biomass, invests $2T in EVs, grid and energy efficiency, and tightens fuel economy standards beyond the Clean Power Plan.

Key Points

A $2T U.S. climate plan for carbon-free power by 2035, boosting renewables, nuclear, EVs, efficiency, and grid upgrades.

✅ Targets a zero-carbon electric grid nationwide by 2035

✅ Includes renewables, nuclear, hydropower, and biomass in standard

✅ Funds EVs, grid modernization, weatherization, and fuel economy rules

This month the Democratic presumptive presidential nominee, Joe Biden, outlined an ambitious plan, including Biden’s solar plan to expand clean energy, for tackling climate change that shows how far the party has shifted on the issue since it controlled the White House.

President Barack Obama’s Clean Power Plan had called for the electricity sector to cut its carbon pollution 32 percent by 2030, and did not lay out a trajectory for phasing out oil, coal or natural gas production.

This year, Democratic 2020 hopefuls such as Sen. Bernie Sanders (I-Vt.) went much further, suggesting the United States should derive all of its electricity from renewable sources by 2030, moving to 100% renewables as part of a $16.3 trillion plan to wean the nation away from fossil fuels. Many other congressional Democrats have embraced the Green New Deal — the nonbinding resolution calling for a carbon-free power sector by 2030 and more energy efficient buildings and vehicles, along with a massive investment in electric vehicles and high-speed rail.

Last year, 38 percent of U.S. electricity generated came from clean sources, according to a Washington Post analysis of data from the U.S. Energy Information Administration, and in April renewables hit a record 28% nationwide.

Biden’s new plan, which carries a price tag of $2 trillion, would eliminate carbon emissions from the electric sector by 2035, impose stricter gas mileage standards, fund investments to weatherize millions of homes and commercial buildings, and upgrade the nation’s transportation system. To reach its 2035 carbon-free electricity goal, the campaign includes wind, solar and several forms of energy, acknowledging why the grid isn’t yet 100% renewable while balancing reliability, that are not always counted in state renewable portfolio standards, such as nuclear, hydropower and biomass.

“A great appeal of the Biden proposal is that it is much closer to targeting carbon directly, which is the ultimate enemy, and plays fewer favorites with particular technologies,” said Michael Greenstone, who directs the University of Chicago’s Energy Policy Institute. “This will reduce the costs to consumers and give more carbon bang for the buck.”

But some environmentalists, such as Friends of the Earth President Erich Pica, question the idea of including more controversial carbon-free technologies. “There is no role for nuclear in a least-cost, low carbon world. Including these dinosaurs in a clean energy standard is going to incentivize industry efforts to keep aging, dangerous facilities online,” Pica said in an email.

Hydropower, which relies on a system of moving water that constantly recharges, is defined as renewable by the Environmental Protection Agency. Biomass is often considered as carbon neutral because even though it releases carbon dioxide when it is burned, the plants capture nearly the same amount of CO2 while growing.

Both forms of energy have come under fire for their environmental impacts, however. Damming streams and rivers can destroy fish habitat and make it more difficult for them to spawn, and it also seems unlikely that hydropower will expand its current 6 percent share of the nation’s electrical grid.

Many experts argue that classifying biomass energy as carbon neutral provides an incentive to cut down trees that would otherwise remain standing and sequester carbon. “If burning this wood were good for the climate, then we should not recycle paper, we should burn it,” noted Tim Searchinger, a research scholar at the Princeton School of Public and International Affairs.

Illinois lead the nation in the amount of electricity generated from nuclear power

More than half of the country — 30 states, Washington, and three territories — have adopted a renewable portfolio standard (RPS), according to the National Conference of State Legislatures, and seven states and one territory have set renewable energy goals. While 14 states, along with the District, Puerto Rico and the Virgin Islands, have established requirements of 50 percent or more carbon-free electricity, nearly as many have set theirs at 15 percent or less.

Maine Gov. Janet Mills (D), who has called for 100% renewable electricity in the state, has pushed clean electricity aggressively since taking office in 2019, lifting a wind energy moratorium imposed by her predecessor and signing bills aimed at expanding the state’s carbon-free energy sources. Biomass accounts for a quarter of the state’s electricity, more than any other state.

New York has one of the country’s most ambitious climate targets, which it scaled up last year. It aims to obtain 70 percent of its power from renewable sources within a decade, a period when renewables surpassed coal in U.S. generation, and eliminate carbon altogether by 2040, even as the state is in the process of shutting down a major nuclear plant near New York City, Indian Point, which is slated to cease operating on April 30, 2021.

... while other states are weakening theirs

Last year, Ohio weakened its renewable energy standard from a target of 12.5 percent in 2027 to 8.5 percent by 2026, even as renewables topped coal nationwide for the first time in over a century, without setting any future goals, and jettisoned its energy efficiency standard. West Virginia — which established modest renewable requirements in 2009 — repealed them altogether in 2015, the year they were set to take effect.

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Spain Electricity Prices surge to record highs as the wholesale market hits €339.84/MWh, driven by gas costs and CO2 permits, impacting PVPC regulated tariffs, free-market contracts, and household energy bills, OMIE data show.

Key Points

Rates in Spain's wholesale market that shape PVPC tariffs and free-market bills, moving with gas prices and CO2 costs.

✅ Record €339.84/MWh; peak 20:00-21:00; low 04:00-05:00 (OMIE).

✅ PVPC users and free-market contracts face higher bills.

✅ Drivers: high gas prices and rising CO2 emission rights.

Electricity in Spain's wholesale market will rise in price once more as European electricity prices continue to surge. Once again, it will set a historical record in Spain, reaching €339.84/MWh. With this figure, it is already the fifth time that the threshold of €300 has been exceeded.

This new high is a 6.32 per cent increase on today’s average price of €319.63/MWh, which is also a historic record, while Germany's power prices nearly doubled over the past year. Monday’s energy price will make it 682.65 per cent higher than the corresponding date in 2020, when the average was €43.42.

According to data published by the Iberian Energy Market Operator (OMIE), Monday’s maximum will be between the hours of 8pm and 9pm, reaching €375/MWh, a pattern echoed by markets where Electric Ireland price hikes reflect wholesale volatility. The cheapest will be from 4am to 5am, at €267.99.

The prices of the ‘pool’ have a direct effect on the regulated tariff  – PVPC – to which almost 11 million consumers in the country are connected, and serve as a reference for the other 17 million who have contracted their supply in the free market, where rolling back prices is proving difficult across Europe.

These spiraling prices in recent months, which have fueled EU energy inflation, are being blamed on high gas prices in the markets, and carbon dioxide (CO2) emission rights, both of which reached record highs this year.

According to an analysis by Facua-Consumidores en Acción, if the same rates were maintained for the rest of the month, the last invoice of the year would reach €134.45 for the average user. That would be 94.1 per cent above the €69.28 for December 2020, while U.S. residential electricity bills rose about 5% in 2022 after inflation adjustments.

The average user’s bill so far this year has increased by 15.1 per cent compared to 2018, as US electricity prices posted their largest jump in 41 years. Thus, compared to the €77.18 of three years ago, the average monthly bill now reaches €90.87 euros. However, the Government continues to insist that this year households will end up paying the same as in 2018.

As Ruben Sanchez, the general secretary of Facua commented, “The electricity bill for December would have to be negative for President Sanchez, and Minister Ribera, to fulfill their promise that this year consumers will pay the same as in 2018 once the CPI has been discounted”.

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China Power Demand-Emissions Gap highlights surging grid demand outpacing renewables, with coal filling shortages despite record solar, wind, EV charging, and hydrogen growth, threatening decarbonization targets and net-zero pathways through 2030.

Key Points

China's power demand outpaces renewables, keeping coal dominant and raising emissions risk through the 2020s.

✅ Record solar and wind still lag fast grid demand growth

✅ Coal fills gaps as EV charging and hydrogen loads rise

✅ Forecasts diverge: CEC bullish vs IEA, BNEF conservative

Here’s a new obstacle that could prevent the world finally turning the corner on climate change: Imagine that over the coming decade a whole new economy the size of Russia were to pop up out of nowhere. With the world’s fourth-largest electricity sector and largest burden of power plant emissions after China, the U.S. and India, this new economy on its own would be enough to throw out efforts to halt global warming — especially if it keeps on growing through the 2030s.

That’s the risk inherent in China’s seemingly insatiable appetite for grid power, as surging electricity demand is putting systems under strain worldwide.

From the cracking pace of renewable build-out last year, you might think the country had broken the back of its carbon addiction. A record 55 gigawatts of solar power and 48 gigawatts of wind were connected — comparable to installing the generation capacity of Mexico in less than 12 months. This year will see an even faster pace, with 93 GW of solar and 50 GW of wind added, according to a report last week from the China Electricity Council, an industry association.

That progress could in theory see the country’s power sector emissions peak within months, rather than the late-2020s date the government has hinted at. Combined with a smaller quantity of hydro and nuclear, low-emissions sources will probably add about 310 terawatt-hours to zero-carbon generation this year. That 3.8% increase would be sufficient to power the U.K.

Countries that have reached China’s levels of per-capita electricity consumption (already on a par with most of Europe) typically see growth rates at less than half that level, even as global power demand has surged past pre-pandemic levels in recent years. Grid supply could grow at a faster pace than Brazil, Iran, South Korea or Thailand managed over the past decade without adding a ton of additional carbon to the atmosphere.

There’s a problem with that picture, however. If electricity demand grows at an even more headlong pace, there simply won’t be enough renewables to supply the grid. Fossil fuels, overwhelmingly coal, will fill the gap, a reminder of the iron law of climate dynamics in energy transitions.

Such an outcome looks distinctly possible. Electricity consumption in 2021 grew at an extraordinary rate of 10%, and will increase again by between 5% and 6% this year, according to the CEC. That suggests the country is on pace to match the CEC’s forecasts of bullish grid demand over the coming decade, with generation hitting 11,300 terawatt-hours in 2030. External analysts, such as the International Energy Agency and BloombergNEF, envisage a more modest growth to around 10,000 TWh. 

The difference between those two outlooks is vast — equivalent to all the electricity produced by Russia or Japan. If the CEC is right and the IEA and BloombergNEF are wrong, even the furious rate of renewable installations we’re seeing now won’t be enough to rein in China’s power-sector emissions.

Who’s correct? On one hand, it’s fair to say that power planners usually err on the side of overestimation. If your forecast for electricity demand is too high, state-owned generators will be less profitable than they otherwise would have been — but if it’s too low, you’ll see power cuts and shutdowns like China witnessed last autumn, with resulting power woes affecting supply chains beyond its borders.

On the other hand, the decarbonization of China’s economy itself should drive electricity demand well above what we’ve seen in the past, with some projections such as electricity meeting 60% of energy use by 2060 pointing to a profound shift. Some 3.3 million electric vehicles were sold in 2021 and BloombergNEF estimates a further 5.7 million will be bought in 2022. Every million EVs will likely add in the region of 2 TWh of load to the grid. Those sums quickly mounts up in a country where electric drivetrains are taking over a market that shifts more than 25 million new cars a year.

Decarbonizing industry, a key element on China’s road to zero emissions, could also change the picture. The IEA sees the country building 25 GW of electolysers to produce hydrogen by 2030, enough to consume some 200 TWh on their own if run close to full-time.

That’s still not enough to justify the scale of demand being forecast, though. China is already one of the least efficient countries in the world when it comes to translating energy into economic growth, and despite official pressure on the most wasteful, so called “dual-high” industries such as steel, oil refining, glass and cement, its targets for more thrifty energy usage remain pedestrian.

The countries that have decarbonized fastest are those, such as Germany, the U.K and the U.S., where Americans are using less electricity, that have seen power demand plateau or even decline, giving new renewable power a chance to swap out fossil-fired generators without chasing an ever-increasing burden on the grid. China’s inability to do this as its population peaks and energy consumption hits developed-country levels isn’t a sign of strength.

Instead, it’s a sign of a country that’s chronically unable to make the transition away from polluting heavy industry and toward the common prosperity and ecological civilization that its president keeps promising. Until China reins in that credit-fueled development model, the risks to its economy and the global climate will only increase.

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H2 Gateway Hydrogen Network accelerates clean energy in B.C., building electrolysis plants and hydrogen fueling stations for zero-emission vehicles, heavy-duty trucks, and long-haul transit, supporting decarbonization, green hydrogen supply, and infrastructure investment.

Key Points

A $900M B.C. initiative by HTEC to build electrolysis plants and 20 hydrogen fueling stations for zero-emission transport.

✅ $900M project with HTEC, CIB, and B.C. government

✅ 3 electrolysis plants plus byproduct liquefaction in North Vancouver

✅ Up to 20 stations; 14 for heavy-duty vehicles in B.C. and Alberta

British Columbia is taking a significant step towards a cleaner future with a brand new $900 million project. This initiative, spearheaded by hydrogen company HTEC and supported by the CIB in B.C. and the B.C. government, aims to establish a comprehensive hydrogen network across the province. This network will encompass both hydrogen production plants and fueling stations, marking a major leap in developing hydrogen infrastructure in B.C.

The project, dubbed "H2 Gateway," boasts several key components. At its core lies the construction of three brand new electrolysis hydrogen production plants. These facilities will be strategically located in Burnaby, Nanaimo, and Prince George, ensuring a wide distribution of hydrogen fuel. An additional facility in North Vancouver will focus on liquefying byproduct hydrogen, maximizing resource efficiency.

The most visible aspect of H2 Gateway will undoubtedly be the network of hydrogen fueling stations. The project envisions up to 20 stations spread across British Columbia and Alberta, complementing the province's Electric Highway build-out, with 18 being situated within B.C. itself. This extensive network will significantly enhance the accessibility of hydrogen fuel, making it a more viable option for motorists. Notably, 14 of these stations will be designed to handle heavy-duty vehicles, catering to the transportation sector's clean energy needs.

The economic and environmental benefits of H2 Gateway are undeniable. The project is expected to generate nearly 300 jobs, aligning with recent grid job creation efforts, providing a much-needed boost to the B.C. economy. More importantly, the widespread adoption of hydrogen fuel promises significant reductions in greenhouse gas emissions. Hydrogen-powered vehicles produce zero tailpipe emissions, making them a crucial tool in combating climate change.

British Columbia's investment in hydrogen infrastructure aligns with a global trend. As countries strive to achieve ambitious climate goals, hydrogen is increasingly viewed as a promising clean energy source. Hydrogen fuel cells offer several advantages over traditional electric vehicles, and while B.C. leads the country in going electric, they boast longer driving ranges and shorter refueling times, making them particularly attractive for long-distance travel and heavy-duty applications.

While H2 Gateway represents a significant step forward, challenges remain. The production of clean hydrogen, often achieved through electrolysis using renewable energy sources, faces power supply challenges and requires substantial initial investment. Additionally, the number of hydrogen-powered vehicles on the road is still relatively low.

However, projects like H2 Gateway are crucial in overcoming these hurdles. By creating a robust hydrogen infrastructure, B.C. is sending a strong signal to the industry and, alongside BC Hydro's EV charging expansion across southern B.C., is building a comprehensive clean transportation network. This investment will not only benefit the environment but also incentivize the development and adoption of hydrogen-powered vehicles. As the technology matures and production costs decrease, hydrogen fuel has the potential to revolutionize transportation and play a key role in a sustainable future.

The road ahead for hydrogen may not be entirely smooth, but British Columbia's commitment to H2 Gateway demonstrates a clear vision. By investing in clean energy infrastructure, the province is not only positioning itself as a leader in the fight against climate change, with Canada and B.C. investing in green energy solutions to accelerate progress, but also paving the way for a more sustainable transportation landscape.

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California Gas Plant Extensions keep Ormond Beach, AES Alamitos, and Huntington Beach on standby for grid reliability during heat waves, as regulators balance renewables, battery storage, and power, pending State Water Resources Control Board approval.

Key Points

State plan extending three coastal gas plants to 2026, adding capacity as California expands renewables and storage.

✅ Extends Ormond Beach, AES Alamitos, AES Huntington Beach

✅ Mitigates blackout risk during extreme heat and peak demand

✅ Pending State Water Resources Control Board approval

Temperatures in many California cities are cooling down this week, but a debate is simmering on how to generate enough electricity to power the state through extreme weather events while transitioning away from a reliance on fossil fuels as clean energy progress indicates statewide.

The California Energy Commission voted Wednesday to extend the life of three gas power plants along the state’s southern coast through 2026, even as natural-gas electricity records persist nationwide, postponing a shutoff deadline previously set for the end of this year. The vote would keep the decades-old facilities _ Ormond Beach Generating Station, AES Alamitos and AES Huntington Beach — open so they can run during emergencies.

The state is at a greater risk of blackouts during major events when many Californians simultaneously crank up their air conditioning, such as a blistering heat wave, illustrated by widespread utility shutoffs in recent years.

“We need to move faster in incorporating renewable energy. We need to move faster at incorporating battery storage. We need to build out chargers faster,” commissioner Patricia Monahan said amid an ongoing debate over the classification of nuclear power in California. “We’re working with all the energy institutions to do that, but we are not there yet.”

The plan, put together by the state’s Department of Water Resources, still needs final approval from the State Water Resources Control Board, which may vote on the issue next week. Democratic Gov. Gavin Newsom signed legislation last year creating an energy reserve the state could use as a last resort if there is likely to be an energy shortage, a challenge mirrored by Ontario electricity shortfall concerns elsewhere. The law allowed the Department of Water Resources to fund or secure power sources in those instances, after PG&E shutdown reasons drew attention to grid vulnerabilities.

The commission acknowledged it was a difficult decision. Environmentalists say the state needs to transition to more short- and long-term solutions that will help it move away from fossil fuels and to rely more on renewable energy sources like solar and wind, similar to Ontario's clean power push in recent years. They’re also concerned about the health impacts associated with pollution from gas plants.

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