Does NB Power deal serve Canada?

By Senator Lowell Murray, Saint John Telegraph-Journal


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On October 29, a Memorandum of Understanding was signed by the Premiers of New Brunswick and Quebec for the sale of all the assets of NB Power to Hydro-Québec. The MOU is to lead to "definitive agreements" which would be the subject of legislation to be approved by the New Brunswick legislature before March 31, 2010.

The debate, which has engaged New Brunswickers to an extent seldom before seen there or anywhere, is not comparable to controversies such as the privatization of a publicly-owned utility, which in the fairly recent past has been debated and resolved one way or the other in several provinces. Nor is it an ordinary interprovincial agreement or a mere commercial transaction.

What is proposed is the acquisition, management and control by one province of a Crown corporation presently owned by another province. NB Power is to become a subsidiary of Hydro-Québec. If there are precedents for this in Canada I have not heard of any.

It is not my purpose to intrude on the debate among New Brunswickers as to where the interests of their province lie in this matter; rather I want to submit that there are aspects of this proposed transaction to which the government and Parliament of Canada cannot be indifferent. We have an interest and a responsibility.

There is the obvious interest of Atomic Energy of Canada Ltd. in the future of the Point Lepreau nuclear facility — one of the key provisions of the MOU — and of course Parliament's exclusive jurisdiction over atomic energy, which we obtained by invoking our constitutional declaratory power many years before any of us came to this place. However, there are at least three other elements of more general concern to us here.

First there is the question of interprovincial trade; second that of international trade; third, the broad constitutional issue whether New Brunswick is in effect transferring legislative jurisdiction to Quebec and whether this is an appropriate thing to do.

With regard to interprovincial trade, the governments of Newfoundland/Labrador and of Nova Scotia have already flagged potential barriers to the transmission of their electricity through New Brunswick if the MOU is implemented. At present, open access through New Brunswick is ensured by an independent operator, the New Brunswick System Operator, which has its own governing board and is outside the control of NB Power.

Under the MOU, this independent operator will disappear and its role will be assumed by a transmission subsidiary of Hydro-Québec. The future "neutral" operation of the transmission systems is, to understate the case, an open question.

On this issue, permit me to take a moment to draw to your attention the one amendment made by the authors of the 1982 Constitution to the division of powers provisions of what we used to call the BNA Act, now the Constitution Act, 1867....

The amendment of which I speak is now known as section 92A of our Constitution. It reinforced provincial jurisdiction over natural resources.... Subsection (2) of the new section 92A stipulated that a province may make laws for the export of electric energy but that such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.

As the negotiations went on, Ontario and the federal government continued to fret about possible discrimination and so a compromise was reached that led to subsection (3) of 92A: "Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict."

In other words, the "Fathers" of 1982 created a new concurrent field of jurisdiction with federal paramountcy. This is noteworthy in the context of the proposed New Brunswick-Quebec transaction: Parliament has full authority to legislate, if necessary, to remedy any abuse of power by a province.

I don't know whether section 92A is of any comfort to Newfoundland/Labrador and Nova Scotia as they contemplate the future operation of the Maritime and Québec transmission systems, or indeed to Ontario, which has been silent so far but whose officials and ministers must surely be following these matters closely.

Newfoundland/Labrador and Nova Scotia earlier this month asked New Brunswick for a commitment to negotiate an agreement with them, before the transaction with Quebec is completed, to construct a new interprovincial transmission line through New Brunswick to the border with the State of Maine and in the meantime to ensure that the independent New Brunswick System Operator will remain in charge of open access applications. So far, New Brunswick seems to have brushed off these representations, arguing that nothing will have changed under the proposed deal with Quebec and anyway that the U.S. authorities will enforce non-discriminatory access in the interests of its northeastern importers of electricity.

Nova Scotia and Newfoundland/Labrador would then be in the odd position of depending on the U.S. to protect their interests in Canadian interprovincial trade. If these interests are imperiled, it is surely the role of the federal government to protect them.

The question of international trade is intimately bound up with the interprovincial considerations I have just mentioned. Canada has a lot of generating capacity, existing and potential, and the United States is a big market. The two countries have an integrated system, the Maritimes component of which is the responsibility of the independent New Brunswick System Operator, now destined to be replaced by the Hydro-Québec subsidiary. The disappearance of the New Brunswick System Operator sends an ominous signal. I will say as objectively as I can that Nova Scotia and Newfoundland/Labrador have every reason to be concerned.

Under the MOU, Hydro-Québec will own and control all present and future interconnections with New England as well as important links with New York. It would be an understatement to say that Québec will have increased its market power very significantly.

Concerns about the use of that increased market power were expressed by New England importers of Canadian electricity as soon as the MOU was signed. While the Minister of International Trade may be reluctant to take a position on the potential consequences of a sale of NB Power to Hydro-Québec for New England and New York importers of electricity, the government of the United States will have every interest in protecting the potential access of its importers to electric power generated in Nova Scotia and Newfoundland and Labrador and to the competitive pricing regime for Quebec and New Brunswick power such access supports.

The implications of the MOU for international trade thus cannot be evaded by the federal government, and it should begin now to consider how it will act to prevent perceived abuse of this enhanced market power, or, at least, how it will respond if the U.S.A. government raises concerns about the potential for such abuse.

For example, the Minister of International Trade could simply state that the MOU, if it proceeds, must explicitly reaffirm the historic principle and practice of open access that is quantifiable and rules-based, both for international and inter-provincial electric power exports. A policy of continued silence would be an implicit delegation of the federal government's jurisdiction in this area of interprovincial and international trade to the U.S.A. Federal Energy Regulatory Commission and the government of Quebec.

With regard to New Brunswick's legislative authority, I acknowledge article 7.5 of the MOU. This article is headed "Sovereignty Unaffected" and reads as follows: "Nothing in this MOU or in the proposed transactions is intended to limit the exercise by each of New Brunswick and Quebec of its sovereignty or constrain its ability to establish or modify independent energy and industrial policies and regulations, provided that each of the parties will comply with those commitments specifically agreed as part of this MOU and the definitive agreements".

One of those commitments in the MOU is that "the regulatory framework governing the generation, transmission and distribution of electricity in New Brunswick will be altered to conform to the framework currently in effect in Quebec." Under an act of the New Brunswick legislature, regulation of NB Power is delegated to an independent crown agency, the New Brunswick Energy and Utilities Board, known as the EUB. When, under the MOU, the regulatory framework in New Brunswick is made to conform to that of Quebec, what discretion or authority in this field will remain to the EUB, or even to the government and legislature of New Brunswick?

What the MOU seems to be saying is that New Brunswick's sovereignty will be intact, except that it is eliminated when it comes to the ability to regulate the generation, transmission and distribution of electricity. Further, it would seem that Hydro-Québec, once it takes control, can do whatever it wants to do with those assets in the future. It appears that New Brunswick has indentured itself indefinitely to Hydro-Québec.

The government may and probably does prefer to be silent on these issues, regarding them as hypothetical, at least until the MOU is given concrete form in an agreement and legislation. But such a course would be simply an evasion of responsibility and an untenable evasion at that. As I have attempted to demonstrate, one or more of the following events is highly likely to demand some response from the federal government if the MOU proceeds to the stage of definitive agreements: a demand for intervention from frustrated neighbouring provinces, action by the United States government or a court challenge to one or more issues raised by the MOU and subsequent definitive agreements.

If such a fait accompli or something like it is lobbed into the lap of an unprepared federal government, possibly at a very politically inconvenient time, ministers and their advisors may wish they had thought through and staked out a responsible federal government position much earlier in the process.

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Will Iraq have enough electricity for coming hot summer days?

Iraq Electricity Crisis intensifies as summer heat drives demand; households face power outages, reliance on private generators, distorted tariffs, and strained grid capacity despite government reforms, Siemens upgrades, and IEA warnings.

 

Key Points

A supply-demand gap causing outages, generator reliance, and grid inefficiencies across Iraq, worsened by summer peaks.

✅ Siemens deal to upgrade generation and grid

✅ Progressive tariffs to curb demand and waste

✅ Private generators fill gaps but raise costs

 

At a demonstration in June 2018, protesters in Basra loaded a black box resembling a coffin with the inscription “Electricity” onto the roof of a car. This was one demonstration of how much of a political issue electricity is in Iraq.

With what is likely to be another hot summer ahead, there is increasing pressure on the Baghdad government to improve access to electricity and water.

Many Iraqis blame the government for not providing adequate services despite the country’s oil wealth. Protests in southern Iraq last year turned violent, with demonstrators attacking governmental and political parties’ buildings; in neighboring Iran, blackouts also sparked protests over outages.

“It is very hard” to deal with the electricity issues, said Iraqi journalist Methaq al-Fayyadh, adding that the lack of reliable electricity was not a new problem and affects most parts of the country.

Dozens of people protested June 1 in Karbala against prices for new generators and demanded an improvement to the electricity situation.

In anticipation of high temperatures during Eid al-Fitr, the Electricity Ministry called on governorates to adhere to allocated quotas and told the public to ration electricity.

“Outages remain a daily occurrence for most households because increasing generating capacity has been outrun by increasing demand for electricity, as surging demand worldwide demonstrates,” noted the International Energy Agency (IAE) in April.

This is particularly the case, the authors said, as the hot summer months, when temperatures can top 50 degrees Celsius, drive up the use of air conditioning.

The Iraqi government has made improving the electricity supply one of its priorities, including nuclear power plans under consideration. The Electricity Ministry, headed by Luay al-Khatteeb, announced in May that national electricity production had reached 17 gigawatts.

Khatteeb presented comparative electricity data for May from 2018 and 2019, indicating production increases on every day of the month. IEA data indicate that available electricity supply has increased over the past five years and the gap between supply and demand has widened.

The government signed an agreement with German company Siemens this year to upgrade Iraq’s electricity grid, and in parallel deals with Iran to rehabilitate and develop the grid were finalized, according to Iranian officials. The agreement “includes the addition of new and highly efficient power generation capacity, rehabilitation and upgrade of existing plants and the expansion of transmission and distribution networks,” Siemens said.

The Iraqi prime minister’s office said the 4-year plan would be worth $15.7 billion. The first phase includes the installation of 13 transformer stations, cooling systems for power stations and building a 500-megawatt, gas-fired power plant south of Baghdad.

In an interview with Al-Monitor, Khatteeb said radical changes would happen in 2020, stating that the current situation was not “ideal” but “better” because of steps taken to create more energy, amid discussions on energy cooperation with Iran that could shape implementation.

Robert Tollast, of the Iraq Energy Institute, said the economics of the electricity system is distorted. Subsidies ensured that electricity provided by the national grid is almost free, he said. However, while the subsidies were designed to help the poor, the tariff system disadvantages them and does not create incentives to consume electricity more efficiently, he said.

A large part of families’ electricity expenditures goes to operators of privately owned generators, which run on fuel. These neighbourhood generators are used to close gaps in the electricity supply but are expensive, and regional fuel arrangements such as ENOC’s swap of Iraqi fuel have highlighted supply constraints. Generator operators have sometimes worked with armed groups to prevent upgrades to the grid that could hurt their business.

Until 1990, the Iraq electricity sector was considered among the best in the region. That legacy was destroyed by successive wars and international sanctions. With Iraq’s population growing at a rate of 1 million per year, peak demand is projected to double by 2030 if left unchecked, the IEA estimated.

Tollast said efforts to improve the distribution system and increase capacity are key but it is important “to tackle the problem from the demand side.” This entails implementing a progressive tariff scheme so users pay more if they consume more, he said. There is a “tremendous use of energy per capita in Iraq,” Tollast said.

In the current tariff structure, consumers pay a fixed price if they use more than 4,000-kilowatt hours per year, a relatively low amount, meaning the price per unit drops the more one consumes.

Any change to the tariff system must be accompanied by a “political campaign” to explain the changes, said Tollast, adding that more investment in the electricity sector and a “change in culture” of using electricity was needed. “The current system is unsustainable, even with high oil prices,” he said.

Fayyadh said people don’t expect the government will be able to fix the electricity issue before summer, having failed to do so in the past.

Tollast struck a more optimistic tone, saying it was unlikely that Iran, which supplies about 40% of Iraq’s power, would cut its export of electricity to Iraq this year as it did in 2018. He added that the water situation was better than last year when the country experienced drought. Iraq has also been processing more flare gas, which can be used to generate electricity.

“There is an expectation that this year might not be as bad as last year,” he concluded.

 

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Australia to head huge electricity and internet project in PNG

Australia-PNG Infrastructure Rollout delivers electricity and broadband expansion across PNG, backed by New Zealand, the US, Japan, and South Korea, enhancing telecom capacity, digital connectivity, and regional development ahead of the APEC summit.

 

Key Points

A multi-billion-dollar plan to expand power and broadband in PNG, covering 70% of users with allied support.

✅ Delivers internet to 70% of PNG households and communities

✅ Expands electricity grid, boosting reliability and access

✅ Backed by NZ, US, Japan, and S. Korea; complements APEC investments

 

Australia will lead a new multi-billion-dollar electricity and internet rollout in Papua New Guinea, with the PM rules out taxpayer-funded power plants stance underscoring its approach to energy policy.

The Australian newspaper reported New Zealand, the US, Japan, whose utilities' offshore wind deal in the UK signaled expanding energy interests, and South Korea are supporting the project, which will be PNG's largest ever development investment.

The project will deliver internet to 70 percent of PNG and improve access to power, even as clean energy investment in developing nations has slipped sharply, according to a recent report.

Both China and the US are also expected to announce new investments in the region at the APEC summit this week, and recent China-Cambodia nuclear energy cooperation underscores those energy ties.

Beijing will announce new mining and energy investments in PNG, echoing projects such as the Chinese-built electricity poles plant in South Sudan, and two Confucius Insitutes to be housed at PNG universities.

 

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American Households Struggle with Sky-High Energy Bills During Extreme Summer Heat

US Summer Energy Bills Crisis is driven by record heatwaves, soaring electricity prices, AC cooling demand, energy poverty risks, and LIHEAP relief, straining low-income households, vulnerable seniors, and budgets amid volatile utilities and peak demand.

 

Key Points

Rising household energy costs from extreme heat, higher electricity prices, and AC demand, straining vulnerable families.

✅ Record heatwaves drive peak electricity and cooling loads

✅ Tiered rates and volatile markets inflate utility bills

✅ LIHEAP aid and cooling centers offer short-term relief

 

As the sweltering heat of summer continues to grip much of the United States, American households are grappling with a staggering rise in energy bills. The combination of record-breaking temperatures and rising electricity prices is placing an unprecedented financial strain on families, raising concerns about the long-term impact on household budgets and overall well-being.

Record Heat and Energy Consumption

This summer has witnessed some of the hottest temperatures on record across the country. With many regions experiencing prolonged heatwaves, the demand for air conditioning and cooling systems has surged amid unprecedented electricity demand across parts of the U.S. The increased use of these energy-intensive appliances has led to a sharp rise in electricity consumption, which, combined with elevated energy prices, has pushed household energy bills to new heights.

The situation is particularly dire for households that are already struggling financially. Many families are facing energy bills that are not only higher than usual but are reaching levels that are unsustainable, underscoring electricity struggles for thousands of families across the country. This has prompted concerns about the potential for energy poverty, where individuals are forced to make difficult choices between paying for essential services and covering other necessary expenses.

Impact on Low-Income and Vulnerable Households

Low-income households and vulnerable populations are disproportionately affected by these soaring energy costs. For many, the financial burden of high energy bills is compounded by energy insecurity during the pandemic and other economic pressures, such as rising food prices and stagnant wages. The strain of paying for electricity during extreme heat can lead to tough decisions, including cutting back on other essential needs like healthcare or education.

Moreover, the heat itself poses a serious health risk, particularly for the elderly, children, and individuals with pre-existing health conditions. High temperatures can exacerbate conditions such as cardiovascular and respiratory illnesses, making the need for reliable cooling even more critical. For those struggling to afford adequate cooling, the risk of heat-related illnesses and fatalities increases significantly.

Utilities and Energy Pricing

The sharp rise in energy bills can be attributed to several factors, including higher costs of electricity production and distribution. The ongoing transition to cleaner energy sources, while necessary for long-term environmental sustainability, has introduced short-term volatility in energy markets. Additionally, power-company supply chain crises and increased demand during peak summer months have contributed to higher prices.

Utilities are often criticized for their pricing structures, which can be complex and opaque. Some regions, including areas where California electricity bills soar under scrutiny, use tiered pricing models that charge higher rates as energy consumption increases. This can disproportionately impact households that need to use more energy during extreme heat, further exacerbating financial strain.

Government and Community Response

In response to the crisis, various government and community initiatives are being rolled out to provide relief. Federal and state programs aimed at assisting low-income households with energy costs are being expanded. These programs, such as the Low-Income Home Energy Assistance Program (LIHEAP), offer financial assistance to help with utility bills, but demand often outstrips available resources.

Local community organizations are also stepping in to offer support. Initiatives include distributing fans and portable air conditioners, providing temporary cooling centers, and offering financial assistance to help cover energy costs. These efforts are crucial in helping to mitigate the immediate impact of high energy bills on vulnerable households.

Long-Term Solutions and Sustainability

The current crisis highlights the need for long-term solutions to address both the causes and consequences of high energy costs. Investing in energy efficiency and renewable energy technologies can help reduce the overall demand for electricity and lower long-term costs. Improvements in building insulation, the adoption of energy-efficient appliances, and advancements in smart grid technologies to prevent summer power outages are all essential components of a sustainable energy future.

Furthermore, addressing income inequality and supporting economic stability are critical to ensuring that all households can manage their energy needs without facing financial hardship. Policymakers will need to consider a range of strategies, including financial support programs, regulatory reforms, and infrastructure investments, to create a more equitable and resilient energy system.

Conclusion

As American households endure the double burden of extreme summer heat and skyrocketing energy bills, the need for immediate relief and long-term solutions has never been clearer. The current crisis serves as a reminder of the broader challenges facing the nation’s energy system and the importance of addressing both short-term needs and long-term sustainability. By investing in efficient technologies, supporting vulnerable populations, and developing resilient infrastructure, the U.S. can work towards a future where energy costs are manageable, and everyone has access to the resources they need to stay safe and comfortable.

 

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Parisians vote to ban rental e-scooters from French capital by huge margin

Paris E-Scooter Ban: Voters back ending rental scooters after a public consultation, citing road safety, pedestrian clutter, and urban mobility concerns; impacts Lime, Dott, and Tier operations across the capital.

 

Key Points

A citywide prohibition on rental e-scooters, approved by voters, to improve safety, order, and walkability.

✅ Non-binding vote shows about 90% support citywide.

✅ About 15,000 rental scooters from Lime, Dott, Tier affected.

✅ Cites 2022 injuries, fatalities, and sidewalk clutter.

 

Parisians have voted to rid the streets of the French capital of rental electric scooters, with an overwhelming 90% of votes cast supporting a ban, official results show, amid a wider debate over the limits of the electric-car revolution and its real-world impact.

Paris was a pioneer when it introduced e-scooters, or trottinettes, in 2018 as the city’s authorities sought to promote non-polluting forms of urban transport, amid record EV adoption in France across the country.

But as the two-wheeled vehicles grew in popularity, especially among young people, and, with similar safety concerns prompting the TTC winter ban on lithium-ion e-bikes and scooters in Toronto, so did the number of accidents: in 2022, three people died and 459 were injured in e-scooter accidents in Paris.

In what was billed as a “public consultation” voters were asked: “For or against self-service scooters?”

Twenty-one polling stations were set up across the city and were open until 7pm local time. Although 1.6 million people are eligible to vote, turnout is expected to be low.

The ban won between 85.77% and 91.77% of the votes in the 20 Paris districts that published results, according to the City of Paris website on what was billed as a rare “public consultation” and prompted long queues at ballot boxes around the city. The vote was non-binding but city authorities have vowed to follow the result, echoing Britain's transport rethink that questions simple fixes.

Paris’s socialist mayor, Anne Hidalgo, has promoted cycling and bike-sharing but supported a ban on e-scooters, as France rolls out new EV incentive rules affecting Chinese manufacturers.

In an interview with Agence France-Presses last week, Hidalgo said “self-service scooters are the source of tension and worry” for Parisians and that a ban would “reduce nuisance” in public spaces, with broader benefits for air quality noted in EV use linked to fewer asthma ER visits in recent studies as well.

Paris has almost 15,000 e-scooters across its streets, operated by companies including Lime, Dott and Tier. Detractors argue that e-scooter users disrespect the rules of the road and regularly flout a ban on riding on pavements, even as France moves to discourage Chinese EV purchases to shape the broader mobility market. The vehicles are also often haphazardly parked or thrown into the River Seine.

In June 2021, a 31-year-old Italian woman was killed after being hit by an e-scooter with two passengers onboard while walking along the Seine.

“Scooters have become my biggest enemy. I’m scared of them,” Suzon Lambert, a 50-year-old teacher from Paris, told AFP. “Paris has become a sort of anarchy. There’s no space any more for pedestrians.”


Another Parisian told BFMTV: “It’s dangerous, and people use them badly. I’m fed up.”

Julian Sezgin, aged 15, said he often saw groups of two or three teenagers on e-scooters zooming past cars on busy roads. “I avoid going on e-scooters and prefer e-bikes as, in my opinion, they are safer and more efficient,” he told the Guardian.

Bianca Sclavi, an Italian who has lived in Paris for years, said the scooters go “too fast” and should be mechanically limited so they go slower. “They are dangerous because they zip in and out of traffic,” she said. “However, it is not as bad as when they first arrived … the most dangerous are the drunk tourists!”

 

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Cooperation agreement for Rosatom and Russian Academy

Rosatom-RAS Cooperation drives joint R&D in nuclear energy, nuclear medicine, fusion, particle accelerators, laser technologies, fuel cycle safety, radioactive waste management, and supercomputing, aligning strategic planning and standards to accelerate innovation across Russia's nuclear sector.

 

Key Points

A pact uniting Rosatom and RAS on nuclear R&D, fusion, and medicine to advance nuclear technologies across Russia.

✅ Joint R&D in fusion, accelerators, lasers, and new materials

✅ Focus on fuel cycle closure, safety, and waste management

✅ Shared strategic planning, standards, and expert evaluation

 

Russian state atomic energy corporation Rosatom and the Russian State Academy of Sciences are to cooperate on joint scientific, technical and innovative activities in areas including nuclear energy, nuclear medicine and other areas of the electricity sector under an agreement signed in Moscow on 7 February.

The cooperation agreement was signed by Rosatom Director General Alexei Likhachov and President of the Russian Academy of Sciences Alexander Sergeev during a joint meeting to mark Russian Science Day. Under its terms, the partners will cooperate in organising research and development activities aimed at providing technological advantages in various sectors of the domestic industry, as well as creating and developing interdisciplinary scientific and technological centres and organisations supporting energy sector training and innovation. They will also jointly develop strategic planning documents, improve the technical and scientific regulatory and legal framework, and carry out expert evaluations of scientific and technical projects and scientific consultations.

Rosatom said the main areas of cooperation in the agreement are: the development of laser technologies and particle accelerators; the creation of modern diagnostic equipment, nuclear medicine and radiation therapy; controlled thermonuclear fusion; nuclear energy of the future; new materials; the nuclear fuel cycle and its closure; safety of nuclear energy and power sector pandemic response preparedness; environmental aspects of radioactive waste management; modern supercomputers, databases, application packages, and import-substituting codes; and also X-ray astronomy and nuclear planetology.

Likhachov said joint activities between Rosatom and the Academy would strengthen the Russian nuclear industry's "leadership" in the world and allow the creation of new technologies that would shape the future image of the nuclear industry in Russia. "Within the framework of the Agreement, we intend to expand work on the entire spectrum of advanced scientific research. The most important direction of our cooperation will be the integration of fundamental, exploratory and applied scientific research, including in the interests of the development of the nuclear industry. We will work together to form the nuclear energy industry of the future, and enhance grid resilience, to create new materials, new radiation technologies,” he said.

Sergeyev noted the "rich history" of cooperation between the Academy of Sciences and the nuclear industry, including modern safety practices such as arc flash training that support operations. “All major projects in the field of military and peaceful nuclear energy were carried out jointly by scientists and specialists of our organisations, which largely ensured their timeliness and success," he said.

 

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PG&E's bankruptcy plan wins support from wildfire victims

PG&E Bankruptcy Plan outlines wildfire victims compensation via a $13.5B trust funded by cash and stock, aiming CPUC and court approval before June 30 to access the state wildfire insurance fund and finalize settlement.

 

Key Points

A regulator-approved plan funding a $13.5B wildfire victims trust with cash and PG&E stock to exit bankruptcy.

✅ $13.5B trust split between cash and PG&E shares

✅ Targets CPUC and court approval to meet June 30 deadline

✅ Accesses state wildfire insurance fund for future risks

 

Pacific Gas & Electric's plan for getting out of bankruptcy has won overwhelming support from the victims of deadly Northern California wildfires ignited by the utility's fraying electrical grid, while some have pursued mega-fire lawsuits through the courts as well, despite concerns that they will be shortchanged by a $13.5 billion fund that's supposed to cover their losses.

The company announced the preliminary results of the vote on Monday without providing a specific tally. Those numbers are supposed to be filed with U.S. Bankruptcy Judge Dennis Montali by Friday.

The backing of the wildfire victims keeps PG&E on track to meet a June 30 deadline to emerge from bankruptcy in time to qualify for a coverage from a California wildfire insurance fund created to help protect the utility from getting into financial trouble again.

The current bankruptcy case, which began early last year, will require PG&E to pay out about $25.5 billion to cover the devastation caused by its neglect, including a Camp Fire guilty plea that underscored liabilities in court proceedings. It's the second time in less than 20 years that PG&E has filed for bankruptcy.

The backing for PG&E's plan isn't a surprise, even though some of the roughly 80,000 wildfire victims had been trying to rally resistance to what they consider to be a deeply flawed plan. The misgivings mostly center on the massive debt that the utility will take on to finance the plan and uncertainties about the fluctuating value of the $6.75 billion in company stock that comprises half of the $13.5 billion promised them.

As it became apparent that the COVID-19 pandemic would drive the economy into a deep recession, PG&E's shares plunged along with the rest of the stock market during March, even as it announced pandemic response measures for customers and employees during that period. That led one financial expert to estimate the PG&E stock earmarked for the wildfire victims' trust would be worth only $4.85 billion, a nearly 30% markdown.

But PG&E's stock price has rebounded in recent weeks and it's now worth more than it was when the deal setting up the victims' trust was struck last December. The shares surged more than 8% to $12.28 in Monday's late afternoon trading. The stock stood at $9.65 when PG&E reached its settlement the wildfire victims.

Critics of the utility's plan also are upset because the company still hasn't specified when the fire victims will be able to sell the shares. It now seems likely the victims will have to hold the stock through the upcoming wildfire season in Northern California, raising the specter that another calamity caused by the utility's badly outdated equipment, as power line fire reports have underscored, could cause the shares to plummet before they can cash out.

A petition signed by more than 3,100 wildfire victims recently urged Gov. Gavin Newsom to consider pushing back the deadline for qualifying for the state's wildfire from June 30 to late August to allow for more time to revise PG&E's plan, as many also turn to a wildfire assistance program for interim aid while they wait. Newsom's office hasn't responded to inquiry about the plan from The Associated Press.

But the lawyers representing the wildfire victims advised their clients to vote in favor of PG&E's plan, contending that it's the best deal they are going to get.

PG&E still must get its plan approved by the judge supervising its case, and a recent judge order on dividend use underscores the focus on wildfire mitigation. The confirmation hearings are scheduled to begin May 27. The judge, though, has indicated he will give great weight to the wishes of the wildfire victims.

California state regulators also must approve PG&E's plan, amid projections that rates will stabilize in 2025 for customers. A vote on that is scheduled Thursday before the Public Utilities Commission.

 

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