FERC issues 2010 enforcement report

By By Kenneth W. Irvin, Mustafa Ostrander and Elizabeth P. Philpott, McDermott Will & Emery, LLP


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Just recently, the Federal Energy Regulatory Commission FERC Office of Enforcement issued the 2010 Report on Enforcement. The annual report provides an overview of enforcement activities during the fiscal year 2010 FY2010 and statistics on the activities of the three divisions within the Office of Enforcement: Investigations, Audits and Energy Market Oversight.

The report provides an interesting and important window into otherwise non-public enforcement activities. It also identifies the priorities for 2011.

The report first notes FERCÂ’s efforts in FY2010 to further its goal of transparency with the issuance of the guidelines for calculating penalties, the order regarding notices of alleged violations and the announcement of the policy to disclose exculpatory materials to persons and entities under investigation.

One key element is the report describes all the self-reports and investigations over the past year. Enforcement staff received 93 self-reports in FY2010, down from 122 in FY2009. They closed 54 self-reports after an initial review, while 39 self-reports are pending initial review. Staff received self-reports from a variety of market participants, though they received an increasing number of self-reports from regional transmission organizations RTOs and independent system operators ISOs in FY2010.

Enforcement staff expects to see an upward trend in self-reports, especially due to the credit for self-reporting under recently issued penalty guidelines. The largest category of self-reports was for Tariff or Open Access Tariff violations. Self-reports of open access violations decreased, however, because natural gas companies have increased compliance efforts to prevent capacity release violations.

The report also provides some insight into the reasons why enforcement staff decides not to pursue enforcement action for certain self-reports, including these factors:

• Prohibited transactions were not actually executed

• No harm to the market or to any parties

• Violation was isolated, inadvertent or unlikely to reoccur

• Company took remedial action or instituted remedial measures to ensure future compliance action

• Company submitted a prompt self-report

• Company already paid penalties

• No indication of fraudulent behavior by the company, past wrongdoing or senior management involvement

• Compliance program provided adequate training regarding subject matter of violation.

Enforcement staff opened more non-self-reported investigations in FY2010 15 than FY2009 10. Most of the investigations addressed tariff violations, but the suspected violations also involved market manipulation, market-based rate violations and reliability standards violations. The potential misconduct was referred to staff by a variety of sources, including RTO and ISO market-monitoring units, other divisions within the Office of Enforcement, other offices within FERC and a call to the Office of Enforcement Hotline.

One closed investigation of note involved an inquiry by staff into whether certain entities trading natural gas futures contracts on NYMEX manipulated the settlement price through their trading during the 30-minute final settlement period. That shows FERC continues to see its anti-manipulation jurisdiction extend to activities outside of the physical electricity and natural gas markets, which activities affect those markets.

Enforcement staff, however, closed fewer investigations in FY2010 16 than FY2009 36. Similarly, staff concluded fewer investigations in FY2010 through settlement. Yet, it is noted that more investigations resulted in enforcement staff finding a violation and not assessing sanctions.

The report provides illustrations of investigations that were closed in which enforcement staff found a violation, but did not take any enforcement action. Staff explained it took into account the following considerations when deciding not to pursue enforcement action:

• Violations were inadvertent and infrequent

• Substantial compliance by the company

• No unjust profits retained by the company

• Company increased and improved training procedures

• Company modified compliance protocols.

Six investigations were resolved by way of an enforcement settlement in FY2010 compared to 22 in FY2009. According to the report, settlements decreased this year due to an increased focus on reliability and market manipulation cases. Half of the six settlement agreements involved violations of natural gas pipeline open access transportation requirements.

For 2011, the Office of Enforcement intends to maintain its focus on matters involving fraud and market manipulation, serious violations of reliability standards, anticompetitive conduct and conduct that threatens the transparency of regulated markets.

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Ontario Reducing Burden on Industrial Electricity Ratepayers

Ontario Industrial Electricity Pricing Reforms aim to cut regulatory burden for industrial ratepayers through an energy concierge service, IESO billing reviews, GA estimation enhancements, clearer peak demand data, and contract cost savings.

 

Key Points

Measures to reduce industrial power costs via an energy concierge, IESO and GA reviews, and better peak demand data.

✅ Energy concierge eases pricing and connection inquiries

✅ IESO to simplify bills and refine GA estimation

✅ Real-time peak data and contract savings under review

 

Ontario's government is pursuing burden reduction measures for industrial electricity ratepayers, including legislation to lower rates to help businesses compete, and stimulate growth and investment.

Over the next year, Ontario will help industrial electricity ratepayers focus on their businesses instead of their electricity management practices by establishing an energy concierge service to provide businesses with better customer service and easier access to information about electricity pricing and changes for electricity consumers as well as connection processes.

Ontario is also tasking the Independent Electricity System Operator (IESO) to review and report back on its billing, settlement and customer service processes, building on initiatives such as electricity auctions that aim to reduce costs.

 

Improve and simplify industrial electricity bills, including clarifying the recovery rate that affects charges;

Review how the monthly Global Adjustment (GA) charge is estimated and identify potential enhancements related to cost allocation across classes; and,

Improve peak demand data publication processes and assess the feasibility of using real-time data to determine the factors that allocate GA costs to consumers.

Further, as part of the government's continued effort to finding efficiencies in the electricity system, Ontario is also directing IESO to review generation contracts to find opportunities for cost savings.

These measures are based on industry feedback received during extensive industrial electricity price consultations held between April and July 2019, which underscored how high electricity rates have impacted factories across the province.

"Our government is focused on finding workable electricity pricing solutions that will provide the greatest benefit to Ontario," said Greg Rickford, Minister of Energy, Northern Development and Mines. "Reducing regulatory burden on businesses can free up resources that can then be invested in areas such as training, new equipment and job creation."

The government is also in the process of developing further changes to industrial electricity pricing policy, amid planned rate increases announced by the OEB, informed by what was heard during the industrial electricity price consultations.

"It's important that we get this right the first time," said Minister Rickford. "That's why we're taking a thoughtful approach and listening carefully to what businesses in Ontario have to say."

Helping industrial ratepayers is part of the government's balanced and prudent plan to build Ontario together through ensuring our province is open for business and building a more transparent and accountable electricity system.

 

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BC Hydro rebate and B.C. Affordability Credit coming as David Eby sworn in as premier

BC Affordability & BC Hydro Bill Credits provide inflation relief and cost of living support, lowering electricity bills for families and small businesses through automatic utility credits and income-tested tax rebates across British Columbia.

 

Key Points

BC relief lowering electricity bills and offering rebates to help families and businesses facing inflation.

✅ $100 credit for residential BC Hydro users; applied automatically.

✅ Avg $500 bill credit for small and medium commercial customers.

✅ Income-based BC Affordability Credit via CRA in January.

 

The new B.C. premier announced on Friday morning families and small businesses in B.C. will get a one-time cost of living credit on their BC Hydro bill this fall, and a new B.C. Affordability Credit in January.

Eby focused on the issue of affordability in his speech following being sworn in as B.C.’s 37th premier, including electricity costs addressed by BC Hydro review recommendations that aim to keep power affordable.

A BC Hydro bill credit of $100 will be provided to all eligible residential and commercial electricity customers, including those who receive their electricity service indirectly from BC Hydro through FortisBC or a municipal utility.

“People and small businesses across B.C. are feeling the squeeze of global inflation,” Eby said.

“It’s a time when people need their government to continue to be there for them. That’s why we’re focused on helping people most impacted by the rising costs we’re seeing around the world – giving people a bit of extra credit, especially at a time of year when expenses can be quick to add up.”

Eby takes over as premier of the province with a growing number of concerns piling up on his plate, even as the province advances grid development and job creation projects to support long-term growth.

Economists in the province have warned of turbulent economic times ahead due to global economic pressures and power supply challenges tied to green energy ambitions.

The one-time $100 cost of living credit works out to approximately one month of electricity for a family living in a detached home or more than two months of electricity for a family living in an apartment.

Commercial ratepayers, including small and medium businesses like restaurants and tourism operators, will receive a one-time bill credit averaging $500 as B.C. expands EV charging infrastructure to accelerate electrification.

The amount will be based on their prior year’s electricity consumption.

British Columbians will have the credit automatically applied to their electricity accounts.

BC Hydro customers will have the credit applied in early December. Customers of FortisBC and municipal utilities will likely begin to see their bill credits applied early in the new year.

‘I proudly and unreservedly turn to the tallest guy in the room’: John Horgan on David Eby

The B.C. Affordability Credit is separate and will be based on income.

Eligible people and families will automatically receive the new credit through the Canada Revenue Agency, the same way the enhanced Climate Action Tax Credit was received in October.

An eligible person making an income of up to $36,901 will receive the maximum BC Affordability Credit with the credit fully phasing out at $79,376.

An eligible family of four with a household income of $43,051 will get the maximum amount, with the credit fully phasing out by $150,051.

This additional support means a family of four can receive up to an additional $410 in early January 2023 to help offset some of the added costs people are facing, while EV owners can access more rebates for home and workplace charging to reduce transportation expenses.

“Look for B.C.’s new Affordability Credit in your bank account in January 2023,” Eby said.

“We know it won’t cover all the bills, but we hope the little bit extra helps folks out this winter.”

Eby’s swearing-in marks a change at the premier’s office but not a shift in focus.

The premier expects to continue on with former premier John Horgan’s mandate with a focus on affordability issues and clean growth supported by green energy investments from both levels of government.

In a ceremony held in the Musqueam Community Centre, Eby made a commitment to make meaningful improvements in the lives of British Columbians and continue work with First Nations communities, with clean-tech growth underscored by the B.C. battery plant announcement made with the prime minister.

The ceremony was the first-ever swearing-in hosted by a First Nation in British Columbia.

“British Columbia is a wonderful place to call home,” Eby said.

“At the same time, people are feeling uncertain about the future and worried about their families. I’m proud of the work done by John Horgan and our government to put people first. And there’s so much more to do. I’m ready to get to work with my team to deliver results that people will be able to see and feel in their lives and in their communities.”

 

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New president at Manitoba Hydro to navigate turmoil at Crown corporation

Jay Grewal Manitoba Hydro Appointment marks the first woman CEO at the Crown utility, amid debt, rate increase plans, privatization debate, and Metis legal challenge, following board turmoil and Premier Pallister's strained relations.

 

Key Points

The selection of Jay Grewal as Manitoba Hydro's first woman CEO amid debt, rate hikes, and legal disputes.

✅ First woman CEO of Manitoba Hydro

✅ Faces debt, rate hikes, and project overruns

✅ Amid privatization debate and Metis legal action

 

The Manitoba government has appointed a new president and chief executive officer at its Crown-owned energy utility.

Jay Grewal becomes the first woman to head Manitoba Hydro, and takes over the top spot as the utility faces mounting financial challenges, rising electricity demand and turmoil.

Grewal has previously held senior roles at Capstone Mining Corp and B.C. Hydro, and is currently president of the Northwest Territories Power Corporation.

She will replace outgoing president Kelvin Shepherd, who recently announced he is retiring, on Feb. 4.

The utility was hit by the sudden resignations of nine of its 10 board members in March, who said they had been unable to meet with Premier Brian Pallister to discuss pressing issues like servicing energy-intensive customers facing the utility.

Manitoba Hydro is also in the middle of a battle between the Progressive Conservative government and the Manitoba Metis Federation over the cancellation of two agreements that would have given the Metis $87 million.

The federation has launched a legal challenge over one deal and says its likely going to do the same over the second agreement.

Grewal also takes over the utility at a time when it has racked up billions of dollars in debt building new generating stations and transmission lines. Manitoba Hydro has told the provincial regulatory agency it needs rate increases of nearly eight per cent a year for the next few years to help pay for the projects.

The utility also exports electricity, with deals such as SaskPower's purchase agreement expanding sales to Saskatchewan.

"Ms. Grewal is a proven leader, with extensive senior leadership experience in the utility, resource and consulting sectors," Crown Services Minister Colleen Mayer said in a written statement Thursday.

The Opposition New Democrats said Grewal's appointment is a sign the government wants to privatize Manitoba Hydro. Grewal's time at B.C. Hydro coincided with the privatization of some parts of that Crown utility, the NDP said.

The B.C. premier at the time, Gordon Campbell, was recently hired by Manitoba to review two major projects that ran over-budget and have added to the provincial debt.

NDP Leader Wab Kinew asked Pallister in the legislature Thursday to promise not to privatize Manitoba Hydro. Pallister would only point to a law that requires a referendum to be held before a Crown entity can be sold off.

"We stand by that (law)," Pallister said. "We believe Manitobans are the proper decision-makers in respect of any of the future structuring of Manitoba Hydro."

 

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U.S. Speeds Up Permitting for Geothermal Energy

Geothermal Emergency Permitting accelerates BLM approvals on public lands via categorical exclusions for exploratory drilling and geophysical surveys, boosting domestic energy security, cutting timelines by up to a year, and streamlining low-impact reviews.

 

Key Points

A policy fast-tracking geothermal exploration on public lands, using BLM categorical exclusions to cut review delays.

✅ Categorical exclusions speed exploratory drilling approvals

✅ Cuts permitting timelines by up to one year

✅ Focused on public lands to enhance energy security

 

In a significant policy shift, the U.S. Department of the Interior has introduced emergency permitting procedures aimed at expediting the development of geothermal energy projects. This initiative, announced on May 30, 2025, is part of a broader strategy to enhance domestic energy production, seen in proposals to replace Obama's power plant overhaul and reduce reliance on foreign energy sources.

Background and Rationale

The decision to fast-track geothermal energy projects comes in the wake of President Donald Trump's declaration of a national energy emergency, which faces a legal challenge from Washington's attorney general, on January 20, 2025. This declaration cited high energy costs and an unreliable energy grid as threats to national security and economic prosperity. While the emergency order includes traditional energy resources such as oil, gas, coal, and uranium and nuclear energy resources, it notably excludes renewable sources like solar, wind, and hydrogen from its scope.

Geothermal energy, which harnesses heat from beneath the Earth's surface to generate electricity, is considered a reliable and low-emission energy source. However, its development has been hindered by lengthy permitting processes and environmental reviews, with recent NEPA rule changes influencing timelines. The new emergency permitting procedures aim to address these challenges by streamlining the approval process for geothermal projects.

Key Features of the Emergency Permitting Procedures

Under the new guidelines, the Bureau of Land Management (BLM) has adopted categorical exclusions to expedite the review and approval of geothermal energy exploration on public lands. These exclusions allow for faster permitting of low-impact activities, such as drilling exploratory wells and conducting geophysical surveys, without the need for extensive environmental assessments.

Additionally, the BLM has proposed a new categorical exclusion that would apply to operations related to the search for indirect evidence of geothermal resources. This proposal is currently open for public comment and, if finalized, would further accelerate the discovery of new geothermal resources on public lands.

Expected Impact on Geothermal Energy Development

The implementation of these emergency permitting procedures is expected to significantly reduce the time and cost associated with developing geothermal energy projects. According to the Department of the Interior, the new measures could cut permitting timelines by up to a year for certain types of geothermal exploration activities.

This acceleration in project development is particularly important given the untapped geothermal potential in regions like Nevada, which is home to some of the largest undeveloped geothermal resources in the country.

Industry and Environmental Reactions

The geothermal industry has largely welcomed the new permitting procedures, viewing them as a necessary step to unlock the full potential of geothermal energy. Industry advocates argue that reducing permitting delays will facilitate the deployment of geothermal projects, contributing to a more reliable and sustainable energy grid amid debates over electricity pricing changes that affect market signals.

However, the exclusion of solar and wind energy projects from the emergency permitting procedures has drawn criticism from some environmental groups. Critics argue that a comprehensive approach to energy development should include all renewable sources, not just geothermal, to effectively address climate change, as reflected in new EPA pollution limits for coal and gas power plants, and promote energy sustainability.

The U.S. government's move to implement emergency permitting procedures for geothermal energy development marks a significant step toward enhancing domestic energy production and reducing reliance on foreign energy sources. By streamlining the approval process for geothermal projects, the administration aims to accelerate the deployment of this reliable and low-emission energy source. While the exclusion of other renewable energy sources from the emergency procedures has sparked debate, especially after states like California halted an energy rebate program during a federal freeze, the focus on geothermal energy underscores its potential role in the nation's energy future.

 

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Europe Stores Electricity in Natural Gas Pipes

Power-to-gas converts surplus renewable electricity into green hydrogen or synthetic methane via electrolysis and methanation, enabling seasonal energy storage, grid balancing, hydrogen injection into gas pipelines, and decarbonization of heat, transport, and industry.

 

Key Points

Power-to-gas turns excess renewable power into hydrogen or methane for storage, grid support, and clean fuel.

✅ Enables hydrogen injection into existing natural gas networks

✅ Balances grids and provides seasonal energy storage capacity

✅ Supplies low-carbon fuels for industry, heat, and heavy transport

 

Last month Denmark’s biggest energy firm, Ørsted, said wind farms it is proposing for the North Sea will convert some of their excess power into gas. Electricity flowing in from offshore will feed on-shore electrolysis plants that split water to produce clean-burning hydrogen, with oxygen as a by-product. That would supply a new set of customers who need energy, but not as electricity. And it would take some strain off of Europe’s power grid as it grapples with an ever-increasing share of hard-to-handle EU wind and solar output on the grid.

Turning clean electricity into energetic gases such as hydrogen or methane is an old idea that is making a comeback as renewable power generation surges and crowds out gas in Europe. That is because gases can be stockpiled within the natural gas distribution system to cover times of weak winds and sunlight. They can also provide concentrated energy to replace fossil fuels for vehicles and industries. Although many U.S. energy experts argue that this “power-to-gas” vision may be prohibitively expensive, some of Europe’s biggest industrial firms are buying in to the idea.

European power equipment manufacturers, anticipating a wave of renewable hydrogen projects such as Ørsted’s, vowed in January that, as countries push for hydrogen-ready power plants across Europe, all of their gas-fired turbines will be certified by next year to run on up to 20 percent hydrogen, which burns faster than methane-rich natural gas. The natural gas distributors, meanwhile, have said they will use hydrogen to help them fully de-carbonize Europe’s gas supplies by 2050.

Converting power to gas is picking up steam in Europe because the region has more consistent and aggressive climate policies and evolving electricity pricing frameworks that support integration. Most U.S. states have goals to clean up some fraction of their electricity supply; coal- and gas-fired plants contribute a little more than a quarter of U.S. greenhouse gas emissions. In contrast, European countries are counting on carbon reductions of 80 percent or more by midcentury—reductions that will require an economywide switch to low-carbon energy.

Cleaning up energy by stripping the carbon out of fossil fuels is costly. So is building massive new grid infrastructure, including transmission lines and huge batteries, amid persistent grid expansion woes in parts of Europe. Power-to-gas may be the cheapest way forward, complementing Germany’s net-zero roadmap to cut electricity costs by a third. “In order to reach the targets for climate protection, we need even more renewable energy. Green hydrogen is perceived as one of the most promising ways to make the energy transition happen,” says Armin Schnettler, head of energy and electronics research at Munich-based electric equipment giant Siemens.

Europe already has more than 45 demonstration projects to improve power-to-gas technologies and their integration with power grids and gas networks. The principal focus has been to make the electrolyzers that convert electricity to hydrogen more efficient, longer-lasting and cheaper to produce.

The projects are also scaling up the various technologies. Early installations converted a few hundred kilowatts of electricity, but manufacturers such as Siemens are now building equipment that can convert 10 megawatts, which would yield enough hydrogen each year to heat around 3,000 homes or fuel 100 buses, according to financial consultancy Ernst & Young.

The improvements have been most dramatic for proton-exchange membrane electrolyzers, which are akin to the fuel cells used in hydrogen vehicles (but optimized to produce hydrogen rather than consume it). The price of proton-exchange electrolyzers has dropped by roughly 40 percent during the past decade, according to a study published in February in Nature Energy. They are also five times more compact than older alkaline electrolysis plants, enabling onsite hydrogen production near gas consumers, and they can vary their power consumption within seconds to operate on fluctuating wind and solar generation.

Many European pilot projects are demonstrating “methanation” equipment that converts hydrogen to methane, too, which can be used as a drop-in replacement for natural gas. Europe’s electrolyzer plants, however, are showing that methanation is not as critical to the power-to-gas vision as advocates long believed. Many electrolyzers are injecting their hydrogen directly into natural gas pipelines—something that U.S. gas firms forbid—and they are doing so without impacting either the gas infrastructure or natural gas consumers.

Europe’s first large-scale hydrogen injection began in eastern Germany in 2013 at a two-megawatt electrolyzer installed by Essen-based power firm E.ON. Germany has since ratcheted up the amount of hydrogen it allows in natural gas lines from an initial 2 percent by volume to 10 percent, in a market where renewables now outpace coal and nuclear in Germany, and other European states have followed suit with their own hydrogen allowances. Christopher Hebling, head of hydrogen technologies at the Freiburg-based Fraunhofer Institute for Solar Energy Systems, predicts that such limits will rise to the 20-percent level anticipated by Europe’s turbine manufacturers.

Moving renewable hydrogen and methane via natural gas pipelines promises to cut the cost of switching to renewable energy. For example, gas networks have storage caverns whose reserves could be tapped to run gas-fired electric generation power plants during periods of low wind and solar output. Hebling notes that Germany’s gas network can store 240 terawatt-hours of energy—roughly 25 times more energy than global power grids can presently store by pumping water uphill to refill hydropower reservoirs. Repurposing gas infrastructure to help the power system could save European consumers 138 billion euros ($156 billion) by 2050, according to Dutch energy consultancy Navigant (formerly Ecofys).

For all the pilot plants and promise, renewable hydrogen presently supplies a tiny fraction of Europe’s gas. And, globally, around 4 percent of hydrogen is supplied via electrolysis, with the bulk refined from fossil fuels, according to the International Renewable Energy Agency.

Power-to-gas is catching up, however. According to the February Nature Energy study, renewable hydrogen already pays for itself in some niche applications, and further electrolyzer improvements will progressively extend its market. “If costs continue to decline as they have done in recent years, power-to-gas will become competitive at large scale within the next decade,” says study co-author Gunther Glenk, an economist at the Technical University of Munich.

Glenk says power-to-gas could scale up faster if governments guaranteed premium prices for renewable hydrogen and methane, as they did to mainstream solar and wind power.

Tim Calver, an energy storage researcher turned consultant and Ernst & Young’s executive director in London, agrees that European governments need to step up their support for power-to-gas projects and markets. Calver calls the scale of funding to date, “not proportionate to the challenge that we face on long-term decarbonization and the potential role of hydrogen.”

 

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Egypt, China's Huawei discuss electricity network's transformation to smart grid

Egypt-Huawei Smart Grid advances Egypt's energy sector with digital transformation, grid modernization, and ICT solutions, enhancing power generation, transmission, and distribution while enabling renewable integration, data analytics, cybersecurity, and scalable infrastructure nationwide.

 

Key Points

An Egypt-Huawei project to modernize Egypt's grid into a smart network using ICT, analytics, and scalable infrastructure.

✅ Gradual migration to a smart grid to absorb higher load

✅ Boosts generation, transmission, and distribution efficiency

✅ ICT training supports workforce and digital transformation

 

Egypt and China's tech giant Huawei on Thursday discussed the gradual transformation of Egypt's electricity network to a smart grid model, Egyptian Ministry of Electricity and Renewable Energy said.

Egyptian Minister of Electricity and Renewable Energy Mohamed Shaker met with Huawei's regional president Li Jiguang in Cairo, where they discussed the cooperation, the ministry said in a statement.

The meeting is part of Egypt's plans to develop its energy sector based on the latest technologies and smarter electricity infrastructure initiatives, it added.

During the meeting, Shaker hailed the existing cooperation between Egypt and China in several mega projects, citing regional efforts like the Philippines power grid upgrades, welcoming further cooperation with China to benefit from its expertise and technological progress.

"The future vision of the Egyptian electricity sector is based on the gradual transformation of the current network from a typical one to a smart grid that would help absorb the large amounts of generated power," Shaker said.

Shaker highlighted his ministry's efforts to improve its services, including power generation, transportation and grid improvements across distribution.

Li, president of Huawei Northern Africa Enterprise Business Group, commended the rapid and remarkable development of the projects implemented by the Egyptian ministry to establish a strong infrastructure along with a smart grid that supports the digital grid transformation.

The Huawei official added that despite the challenges the corporation faced in the first half of 2020, it has managed to achieve revenues growth, which shows Huawei's strength and stability amid global challenges such as cybersecurity fears in critical infrastructure.

In late February, Egypt's Ministry of Higher Education and Scientific Research and Huawei discussed plans to provide training to develop the skills of Egyptian university students talented in information and communications technology, including emerging topics like 5G energy use considerations.

 

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