Rhode Island reaches deal doubling methane power at landfill

By Associated Press


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A New Jersey firm has reached an agreement with Rhode Island authorities to double methane-fueled electricity production at the state's central landfill in Johnston, company officials said.

Ridgewood Renewable Power LLC currently operates a power facility capable of producing about 20.5 megawatts of electricity — enough to power roughly 15,000 homes — by burning the methane gas created by decomposing trash.

Ridgewood managing director Stephen Galowitz said the firm will invest roughly $80 million to renovate and expand its power plants so it can produce nearly 48 megawatts of electricity by 2010. Two of its three existing plants will be demolished or relocated so the landfill can expand.

The firm's current engines use methane gas power to propel pistons that ultimately generate electricity. Galowitz said his company wants to install new combustion turbines that create electricity by using the gas to spin a turbine blade. The system also will use the exhaust heat from the turbine to create additional electrical power.

"It's a more efficient technology," Galowitz said.

Ridgewood reached its agreement with the Rhode Island Resource Recovery Corp., which runs the state landfill, about two weeks ago. As part of the deal, Ridgewood will pay for the system that collects methane gas, a task that currently costs the landfill agency about $5 million annually.

The company must obtain air permits from the Rhode Island Department of Environmental Management.

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N.L. lags behind Canada in energy efficiency, but there's a silver lining to the stats

Newfoundland and Labrador Energy Efficiency faces low rankings yet signs of progress: heat pumps, EV charging networks, stricter building codes, electrification to tap Muskrat Falls power and cut greenhouse gas emissions and energy poverty.

 

Key Points

Policies and programs improving N.L.'s energy use via electrification, EVs, heat pumps, and stronger building codes.

✅ Ranks last provincially but showing policy momentum

✅ Heat pump grants and EV charging network underway

✅ Stronger building codes and electrification can cut emissions

 

Ah, another day, another depressing study that places Newfoundland and Labrador as lagging behind the rest of Canada.

We've been in this place before — least-fit kids, lowest birthrate — and now we can add a new dubious distinction to the pile: a ranking of the provinces according to energy efficiency placed Newfoundland and Labrador last.

Efficiency Canada released its first-ever provincial scorecard Nov. 20, comparing energy efficiency policies among the provinces. With energy efficiency a key part of reducing greenhouse gas emissions, Newfoundland and Labrador sat in 10th place, noted for its lack of policies on everything from promoting EV uptake in Atlantic Canada to improving efficient construction codes.

But before you click away to a happier story (about, say, a feline Instagram superstar) one of the scorecard's authors says there's a silver lining to the statistics.

"It's not that Newfoundland and Labrador is doing anything badly; it's just that it could do more," said Brendan Haley, the policy director at Efficiency Canada, a new think tank based at Carleton University.

"There's just a general lack of attention to implementing efficiency policies relative to other jurisdictions, including New Brunswick's EV rebate programs on transportation."

Looking at the scorecard and comparing N.L. with British Columbia, which snagged the No. 1 spot, isn't a great look. B.C. scored 56 points out of a possible 100, while N.L. got just 15.

Haley pointed out that B.C.'s provincial government is charting progress toward 2032, when all new builds will have to be net-zero energy ready; that is, buildings that can produce as much clean energy as they consume.  

While it might not be feasible to emulate that to a T here, Haley said the province could be mandating better energy efficiency standards for new, large building projects, and, at the same time, promote electrification of such projects as a way to soak up some of that surplus Muskrat Falls electricity.

Staring down Muskrat's 'extraordinary' pressure on N.L. electricity rates

It's impossible to talk about energy efficiency in N.L. without considering that dam dilemma. As Muskrat Falls comes online, likely at the end of 2020, customer power rates are set to rise in order to pay for it, and the province is still trying to figure out the headache that is rate mitigation.

"There is a strategic choice to be made in Newfoundland and Labrador," Haley told CBC Radio's On The Go.

While having more customers using Muskrat Falls power can help with rate mitigation, including through initiatives like N.L.'s EV push to grow demand, Haley noted simply using its excess electricity for the sake of it isn't a great goal.

"That should not be an excuse, I think, to almost have a policy of wasting energy on purpose, or saying that we don't need programs that help save electricity anymore," he said.

Energy poverty
Lots of N.L. homeowners are currently feeling a chill from the spectre of rising electricity rates.

Of course, that draft could be coming from a poorly insulated and heated house, as Efficiency Canada noted 38 per cent of all households in N.L. live in what it calls "energy poverty," where they spend more than six per cent of their after-tax income on energy — that's the second highest such rate in the country.

That poverty speaks for a need for N.L.to boost efficiency incentives for vulnerable populations, although Haley noted the government is making progress. The province recently expanded its home energy savings program, doubling in the last budget year to $2 million, which gives grants to low income households for upgrades like insulation.

Can you guess what products are selling like hotcakes as Muskrat Falls looms? Heat pumps

And since Efficiency Canada compiled its scorecard, the province has introduced a $1-million heat pump program, in which 1,000 homeowners could receive $1,000 toward the purchase of a heat pump. 

That program began accepting applications Oct. 15, and one month in, has had 682 people apply, according to the Department of Municipal Affairs and Environment, along with thousands of inquiries.

Heat pump popularity
Even without that program, heat pump sales have skyrocketed in the province since 2017. That popularity doesn't come as much of a surprise to Darren Brake, the president of KSAB Construction in Corner Brook.

With more than two decades in the home building business, he's been seeing consumer demand for home energy efficiency rise to the point where a year ago, his company transitioned into only building third-party certified energy efficient homes.

"Everybody's really concerned about the escalating power costs and energy costs, I assume because of Muskrat Falls," he said.

"It's evolving now, as we speak. Everybody is all about that monthly payment."

Brake uses spray foam installation in every house he builds, to seal up any potential leaks. Without sealing the building envelope, he says, a heat pump is far less efficient. (Lindsay Bird/CBC)
And in the weakest housing market in the province in half a century, Brake has been steadily moving his, building and selling seven in the last year.

Brake's houses include heat pumps, but he said the real savings come from their heavily insulated walls, roof and floors. Homeowners looking to install a heat pump in their leaky old house, he said, won't see lower power bills in quite the same way.

"They are energy efficient, but it's more about the building envelope to make a home efficient and easy to heat. You can put a heat pump in an older home that leaks a lot of air, and you won't get the same results," he said.

Charging network coming
The other big piece to the efficiency puzzle — in the scorecard's eyes — is electric vehicles. Those could, again, use some of that Muskrat Falls energy, as well as curtail gas guzzling, but Efficiency Canada pointed to a lack of policies and incentives surrounding electrifying transportation, such as Nova Scotia's vehicle-to-grid pilot that illustrates innovation elsewhere.

Unlike Quebec or B.C., the province doesn't offer a rebate for buying EVs, even as N.W.T. encourages EVs through targeted measures, and while electric vehicles got loud applause at the House of Assembly last week, it was absent of any policy or announcement beyond the province unveiling a EV licence plate design to be used in the near future.

Electric-vehicle charging network planned for N.L. in 2020

But since the scorecard was tallied, NL Hydro has unveiled plans for a Level 3 charging network for EVs across the island, dependent on funding, with N.L.'s first fast-charging network seen as just the beginning for local drivers.

NL Hydro says while its request for proposals for an island-wide charging network closed earlier in November, there is no progress update yet, even as N.B.'s fast-charging rollout advances along the Trans-Canada. (Credit: iStock/Getty Images)
That cash appears to still be in limbo, as "we are still progressing through the funding process," said an NL Hydro spokesperson in an email, with no "additional details to release at this time."

Still, the promise of a charging network — plus the swift uptake on the heat pump program — could boost N.L.'s energy efficiency scorecard next time it's tallied, said Haley.

"It is encouraging to see the province moving forward on smart and efficient electrification," he said.

 

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Typical Ontario electricity bill set to increase nearly 2% as fixed pricing ends

Ontario Electricity Rates update: OEB sets time-of-use and tiered pricing for residential customers, with kWh charges for peak, mid-peak, and off-peak periods reflecting COVID-19 impacts on demand, supply costs, and pricing.

 

Key Points

Ontario Electricity Rates are OEB-set time-of-use and tiered prices that set per-kWh costs for residential customers.

✅ Time-of-use: 21.7 peak, 15.0 mid-peak, 10.5 off-peak cents/kWh

✅ Tiered: 12.6 cents/kWh up to 1000 kWh, then 14.6 cents/kWh

✅ Average 700 kWh home pays about $2.24 more per month

 

Energy bills for the typical Ontario home are going up by about two per cent with fixed pricing coming to an end on Nov. 1, the Ontario Energy Board says. 

The province's electricity regulator has released new time-of-use pricing and says the rate for the average residential customer using 700 kWh per month will increase by about $2.24.

The change comes as Ontario stretches into its eight month of the COVID-19 pandemic with new case counts reaching levels higher than ever seen before.

Time-of-use pricing had been scrapped for residential bills for much for the pandemic with a single fixed COVID-19 hydro rate set for all hours of the day. The move, which came into effect June 1, was meant "to support families, small business and farms while Ontario plans for the safe and gradual reopening of the province," the OEB said at the time.

Ontario later set the off-peak price until February 7 around the clock to provide additional relief.

Fixed pricing meant customers' bills reflected how much power they used, rather than when they used it. Customers were charged 12.8 cents/kWh under the COVID-19 recovery rate no matter their time of use.

Beginning November, the province says customers can choose between time-of-use and tiered pricing options. Rates for time-of-use plans will be 21.7 cents/kWh during peak hours, 15 cents/kWh for mid-peak use and 10.5 cents/kWh for off-peak use. 

Customers choosing tiered pricing will pay 12.6 cents/kWh for the first 1000 kWh each month and then 14.6 cents/kWh for any power used beyond that.

The energy board says the increase in pricing reflects "a combination of factors, including those associated with the COVID-19 pandemic, that have affected demand, supply costs and prices in the summer and fall of 2020."

Asked for his reaction to the move Tuesday, Premier Doug Ford said, "I hate it," adding the province inherited an energy "mess" from the previous Liberal government and are "chipping away at it."

 

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Kenya Power on the spot over inflated electricity bills

Kenya Power token glitches, inflated bills disrupt prepaid meters via M-Pesa paybill 888880 and third-party vendors like Vendit and Dynamo, causing delays, fast-depleting tokens, and billing estimates; customers report weekend outages and business losses.

 

Key Points

Service failures delaying token generation and disputed charges from estimated meter readings and slow processing.

✅ Impacts M-Pesa paybill 888880 and authorized third-party vendors

✅ Causes delays, fast-depleting tokens, weekend business closures

✅ Linked to system downtime, billing estimates, meter reading gaps

 

Kenya Power is again on the spotlight following claims of inflated power bills and a glitch in its electronic payment system that made it impossible to top up tokens on prepaid meters.

Thousands of customers started experiencing the hitch in tokens generation on Friday evening, with the problem extending through the weekend.

Small businesses such as barber shops that top up multiple times a week were hardest hit.

“My business usually thrives during weekends but I was forced to close early in the evening due to lack of power although I had paid for the tokens that were never generated,” said Mr John Kamau, a fast food restaurant owner in Nairobi.

Kenya Power processes up to 200,000 electronic transactions per day for power users, with 85 per cent done through its Safaricom M-Pesa paybill number 888880.

The remaining share is handled by its authorised third party vendors such as Vendit (paybill number 501200) and Dynamo (800904), which charge a premium for the transaction.

The sole electricity distributor admitted its system encountered challenges that crippled token generation across all vendors, advising customers on prepaid meters to buy the units from Kenya Power banking halls across the country until normalcy returned.

 

STATEMENT

“The IT team is trying to figure out where the problem was before we issue a comprehensive statement on the issue,” the firm responded to Nation queries, adding that the issue had been resolved by yesterday afternoon.

Customers who use Vendit confirmed to Nation they had successfully bought tokens yesterday afternoon.

However, there have been complaints that third party vendors process tokens almost in real time, unlike Kenya Power which, despite indicating a 30 minute delay in its service promise, sometimes takes up to six hours.  

But other users complained of inflated power bills after being slapped with abnormally high charges.

 

TOKENS

The holder of account number 30624694, for instance, received a post-paid bill of Sh16,765 last month, up from Sh894 the previous month.

She indulged the company and ended up paying just over Sh1,000.

There have also been complaints of tokens getting depleted too fast. For instance, one customer who normally uses Sh4,000 per month complained of her credit running out in a week.

Kenya Power maintains it cannot read all post-paid meters across the country, compelling it to make estimates for a number of customers.

The company argues it is not cost-effective to have meter readers go to all homes. The firm recently indicated plans to put all domestic consumers on prepaid meters to reduce non-payment of electricity bills and cut operation costs on meter reading and postage.

 

POWER CONSUMPTION

The Nairobi Securities Exchange-listed firm has also adopted a new integrated customer management system to enable consumers to self-check their power consumption and understand their electricity bill and payment obligations through a phone app.

In the past, concerns have been rife that customers often encounter delays when buying tokens through paybill number 888880, unlike through other vendors.

This has raised questions on the ownership of the vendors and the cash commissions they are entitled to, with holiday scam warnings circulating in some markets as well.

 

FOUL PLAY

Kenya Power has, however, denied any foul play, saying the authorisation of other vendors was to ease pressure on its payment channel, which handles 85 per cent of the nearly 200,000 transactions per day.

“In fact we have 11 vendors, including Equitel, it’s just that people are only aware of Vendit and Dynamo because they have been aggressive in their marketing,” the company said.

Kenya Power has been battling court cases over inflated power bills after it emerged that the utility firm was backdating bills worth Sh10.1 billion from last November.

 

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Three Mile Island at center of energy debate: Let struggling nuclear plants close or save them

Three Mile Island Nuclear Debate spotlights subsidies, carbon pricing, wholesale power markets, grid reliability, and zero-emissions goals as Pennsylvania weighs keeping Exelon's reactor open amid natural gas competition and flat electricity demand.

 

Key Points

Debate over subsidies, carbon pricing, and grid reliability shaping Three Mile Island's zero-emissions future.

✅ Zero emissions credits vs market integrity

✅ Carbon pricing to value clean baseload power

✅ Closure risks jobs, tax revenue, and reliability

 

Three Mile Island is at the center of a new conversation about the future of nuclear energy in the United States nearly 40 years after a partial meltdown at the Central Pennsylvania plant sparked a national debate about the safety of nuclear power.

The site is slated to close in just two years, a closure plan Exelon has signaled, unless Pennsylvania or a regional power transmission operator delivers some form of financial relief, says Exelon, the Chicago-based power company that operates the plant.

That has drawn the Keystone State into a growing debate: whether to let struggling nuclear plants shut down if they cannot compete in the regional wholesale markets where energy is bought and sold, or adopt measures to keep them in the business of generating power without greenhouse gas emissions.

""The old compromise — that in order to have a reliable, affordable electric system you had to deal with a significant amount of air pollution — is a compromise our new customers today don't want to hear about.""
-Joseph Dominguez, Exelon executive vice president
Nuclear power plants produce about two-thirds of the country's zero-emissions electricity, a role many view as essential to net-zero emissions goals for the grid.

The debate is playing out as some regions consider putting a price on planet-warming carbon emissions produced by some power generators, which would raise their costs and make nuclear plants like Three Mile Island more viable, and developments such as Europe's nuclear losses highlight broader energy security concerns.

States that allow nuclear facilities to close need to think carefully because once a reactor is powered down, there's no turning back, said Jake Smeltz, chief of staff for Pennsylvania State Sen. Ryan Aument, who chairs the state's Nuclear Energy Caucus.

"If we wave goodbye to a nuclear station, it's a permanent goodbye because we don't mothball them. We decommission them," he told CNBC.

Three Mile Island's closure would eliminate more than 800 megawatts of electricity output. That's roughly 10 percent of Pennsylvania's zero-emissions energy generation, by Exelon's calculation. Replacing that with fossil fuel-fired power would be like putting roughly 10 million cars on the road, it estimates.

A closure would also shed about 650 well-paying jobs, putting the just transition challenge in focus for local workers and communities, tied to about $60 million in wages per year. Dauphin County and Londonderry Township, a rural area on the Susquehanna River where the plant is based, stand to lose $1 million in annual tax revenue that funds schools and municipalities. The 1,000 to 1,500 workers who pack local hotels, stores and restaurants every two years for plant maintenance would stop visiting.

Pennsylvanians and lawmakers must now decide whether these considerations warrant throwing Exelon a lifeline. It's a tough sell in the nation's second-largest natural gas-producing state, which already generates more energy than it uses. And time is running out to reach a short-term solution.

"What's meaningful to us is something where we could see the results before we turn in the keys, and we turn in the keys the third quarter of '19," said Joseph Dominguez, Exelon's executive vice president for governmental and regulatory affairs and public policy.

The end of the nuclear age?

The problem for Three Mile Island is the same one facing many of the nation's 60 nuclear plants: They are too expensive to operate.

Financial pressure on these facilities is mounting as power demand remains stagnant due to improved energy efficiency, prices remain low for natural gas-fired generation and costs continue to fall for wind and solar power.

Three Mile Island is something of a special case: The 1979 incident left only one of its two reactors operational, but it still employs about as many people as a plant with two reactors, making it less efficient. In the last three regional auctions, when power generators lock in buyers for their future energy generation, no one bought power from Three Mile Island.

But even dual-reactor plants are facing existential threats. FirstEnergy Corp's Beaver Valley will sell or close its nuclear plant near the Pennsylvania-Ohio border next year as it exits the competitive power-generation business, and facilities like Ohio's Davis-Besse illustrate what's at stake for the region.

Five nuclear power plants have shuttered across the country since 2013. Another six have plans to shut down, and four of those would close well ahead of schedule. An analysis by energy research firm Bloomberg New Energy Finance found that more than half the nation's nuclear plants are facing some form of financial stress.

Today's regional energy markets, engineered to produce energy at the lowest cost to consumers, do not take into account that nuclear power generates so much zero-emission electricity. But Dominguez, the Exelon vice president, said that's out of step with a world increasingly concerned about climate change.

"What we see is increasingly our customers are interested in getting electricity from zero air pollution sources," Dominguez said. "The old compromise — that in order to have a reliable, affordable electric system you had to deal with a significant amount of air pollution — is a compromise our new customers today don't want to hear about."

Strange bedfellows

Faced with the prospect of nuclear plant closures, Chicago and New York have both allowed nuclear reactors to qualify for subsidies called zero emissions credits. Exelon lobbied for the credits, which will benefit some of its nuclear plants in those states.

Even though the plants produce nuclear waste, some environmental groups like the Natural Resources Defense Council supported these plans. That's because they were part of broader packages that promote wind and solar power, and the credits for nuclear are not open-ended. They essentially provide a bridge that keeps zero-emissions power from nuclear reactors on the grid as renewable energy becomes more viable.

Lawmakers in Pennsylvania, Ohio and Connecticut are currently exploring similar options. Jake Smeltz, chief of staff to state Sen. Aument, said legislation could surface in Pennsylvania as soon as this fall. The challenge is to get people to consider the attributes of the sources of their electricity beyond just cost, according to Smeltz.

"Are the plants worth essentially saving? That's a social choice. Do they provide us with something that has benefits beyond the electrons they make? That's the debate that's been happening in other states, and those states say yes," he said.

Subsidies face opposition from anti-nuclear energy groups like Three Mile Island Alert, as well as natural gas trade groups and power producers who compete against Exelon by operating coal and natural gas plants.

"Where we disagree is to have an out-of-market subsidy for one specific company, for a technology that is now proven and mature in our view, at the expense of consumers and the integrity of competitive markets," NRG Energy Mauricio Gutierrez told analysts during a conference call this month.

Smeltz notes that power producers like NRG would fill in the void left by nuclear plants as they continue to shut down.

"The question that I think folks need to answer is are these programs a bailout or is the opposition to the program a payout? Because at the end of the day someone is going to make money. The question is who and how much?" Smeltz said.

Changing the market

Another critic is PJM Interconnection, the regional transmission organization that operates the grid for 13 states, including Pennsylvania, and Washington, D.C.

The subsidies distort price formation and inject uncertainty into the markets, says Stu Bresler, senior vice president in charge of operations and markets at PJM.

The danger PJM sees is that each new subsidy creates a precedent for government intervention. The uncertainty makes it harder for investors to determine what sort of power generation is a sound investment in the region, Bresler explained. Those investors could simply decide to put their capital to work in other energy markets where the regulatory outlook is more stable, ultimately leading to underinvestment in places where government intervenes, he added.

Three Mile Island nuclear power plant, Londonderry Township, Pennsylvania
PJM believes longer-term, regional approaches are more appropriate. It has produced research that outlines how coal plants and nuclear energy, which provide the type of stable energy that is still necessary for reliable power supply, could play a larger role in setting prices. It is also preparing to release a report on how to put a price on carbon emissions in all or parts of the regional grid.

"If carbon emissions are the concern and that is the public policy issue with which policymakers are concerned, the simple be-all answer from a market perspective is putting a price on carbon," Bresler said.

Three Mile Island could be viable if natural gas prices rose from below $3 per million British thermal units to about $5 per mmBtu and if a "reasonable" price were applied to carbon, according to Exelon's Dominguez. He is encouraged by the fact that conversations around new pricing models and carbon pricing are gaining traction.

"The great part about this is everybody understands we have a major problem. We're losing some of the lowest-cost, cleanest and most reliable resources in America," Dominguez said.

 

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US NRC streamlines licensing for advanced reactors

NRC Advanced Reactor Licensing streamlines a risk-informed, performance-based, technology-inclusive pathway for advanced non-light water reactors, aligning with NEIMA to enable predictable regulatory reviews, inherent safety, clean energy deployment, and industrial heat, hydrogen, and desalination applications.

 

Key Points

A risk-informed, performance-based NRC pathway streamlining licensing for advanced non-light water reactors.

✅ Aligned with NEIMA: risk-informed, performance-based, tech-inclusive

✅ Predictable licensing for advanced non-light water reactor designs

✅ Enables clean heat, hydrogen, desalination beyond electricity

 

The US Nuclear Regulatory Commission (NRC) voted 4-0 to approve the implementation of a more streamlined and predictable licensing pathway for advanced non-light water reactors, aligning with nuclear innovation priorities identified by industry advocates, the Nuclear Energy Institute (NEI) announced, and amid regional reliability measures such as New England emergency fuel stock plans that have drawn cost scrutiny.

This approach is consistent with the Nuclear Energy Innovation and Modernisation Act (NEIMA), a nuclear innovation act passed in 2019 by the US Congress calling for the development of a risk-informed, performance-based and technology inclusive licensing process for advanced reactor developers.

NEI Chief Nuclear Officer Doug True said: “A modernised regulatory framework is a key enabler of next-generation nuclear technologies that, amid ACORE’s challenge to DOE subsidy proposals in energy market proceedings, can help us meet our energy needs while protecting the climate. The Commission’s unanimous approval of a risk-informed and performance-based licensing framework paves the way for regulatory reviews to be aligned with the inherent safety characteristics, smaller reactor cores and simplified designs of advanced reactors.”

Over the last several years the industry’s Licensing Modernisation Project, sponsored by US Department of Energy, led by Southern Nuclear, and supported by NEI’s Advanced Reactor Regulatory Task Force, and influenced by a presidential order to bolster uranium and nuclear energy, developed the guidance for this new framework. Amid shifts in the fuel supply chain, including the U.S. ban on Russian uranium, this approach will inform the development of a new rule for licensing advanced reactors, which NEIMA requires.

“A well-defined licensing path will benefit the next generation of nuclear plants, especially as regions consider New England market overhaul efforts, which could meet a wide range of applications beyond generating electricity such as producing heat for industry, desalinating water, and making hydrogen – all without carbon emissions,” True noted.

 

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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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