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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Lawmakers question FERC licensing process for dams in West Virginia

FERC Hydropower Licensing Dispute centers on FERC authority, Clean Water Act compliance, state water quality certifications, Federal Power Act timelines, and Army Corps dams on West Virginia's Monongahela River licenses.

 

Key Points

An inquiry into FERC's licensing process and state water quality authority for hydropower at Monongahela River dams.

✅ Questions on omitted state water quality conditions

✅ Debate over starting Clean Water Act certification timelines

✅ Potential impacts on states' rights and licensing schedules

 

As federal lawmakers, including Democrats pressing FERC, plan to consider a bill that would expand Federal Energy Regulatory Commission (FERC) licensing authority, questions emerged on Tuesday about the process used by FERC to issue two hydropower licenses for existing dams in West Virginia.

In a letter to FERC Chairman Neil Chatterjee, Democratic leaders of the House Energy and Commerce Committee, as electricity pricing changes were being debated, raised questions about hydropower licenses issued for two dams operated by the U.S. Army Corps of Engineers on the Monongahela River in West Virginia.

U.S. Reps. Frank Pallone Jr. (D-NJ), the ranking member of the Subcommittee on Energy, Bobby Rush (D-IL), the ranking member of the Subcommittee on Environment, and John Sarbanes (D-MD), amid Maryland clean energy enforcement concerns, questioned why FERC did not incorporate all conditions outlined in a West Virginia Department of Environmental Protection water quality certificate into plans for the projects.

“By denying the state its allotted time to review this application and submit requirements on these licenses, FERC is undermining the state’s authority under the Clean Water Act and Federal Power Act to impose conditions that will ensure water quality standards are met,” the letter stated.

The House of Representatives was slated to consider the Hydropower Policy Modernization Act of 2017, H.R. 3043, later in the week. The measure would expand FERC authority over licensing processes, a theme mirrored in Maine's transmission line debate over interstate energy projects. Opponents of the bill argue that the changes would make it more difficult for states to protect their clean water interests.

West Virginia has announced plans to challenge FERC hydropower licenses for the dams on the Monongahela River, echoing Northern Pass opposition seen in New Hampshire.

 

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BC Hydro completes major milestone on Site C transmission line work

Site C 500 kV transmission lines strengthen the BC Hydro grid, linking the new substation and Peace Canyon via a 75 kilometre right-of-way to deliver clean energy, with 400 towers built and both circuits energized.

 

Key Points

High-voltage lines connecting Site C substation to the BC Hydro grid, delivering clean energy via Peace Canyon.

✅ Two 75 km circuits between Site C and Peace Canyon

✅ Connect new 500 kV substation to BC Hydro grid

✅ Over 400 towers built along existing right-of-way

 

The second and final 500 kilovolt, 75 kilometre transmission line on the Site C project, which has faced stability questions in recent years, has been completed and energized.

With this milestone, the work to connect the new Site C substation to the BC Hydro grid, amid treaty rights litigation that has at times shaped schedules, is complete. Once the Site C project begins generating electricity, much like when the Maritime Link first power flowed between Newfoundland and Nova Scotia, the transmission lines will help deliver clean energy to the rest of the province.

The two 75 kilometre transmission lines run along an existing right-of-way between Site C and the Peace Canyon generating station, a route that has seen community concerns from some northerners. The project’s first 500 kilovolt, 75 kilometre transmission line – along with the Site C substation – were both completed and energized in the fall of 2020.

BC Hydro awarded the Site C transmission line construction contract to Allteck Line Contractors Inc. (now Allteck Limited Partnership) in 2018. Since construction started on this part of the project in summer 2018, crews have built more than 400 towers and strung lines, even as other interties like the Manitoba-Minnesota line have faced scheduling uncertainty, over a total of 150 kilometres.

The two transmission lines are a major component of the Site C project, comparable to initiatives such as the New England Clean Power Link in scale, which also consists of the new 500 kilovolt substation and expanding the existing Peace Canyon 500 kilovolt gas-insulated switchgear to incorporate the two new 500 kilovolt transmission line terminals.

Work to complete three other 500 kilovolt transmission lines that will span one kilometre between the Site C generating station and Site C substation, similar to milestones on the Maritime Link project, is still underway. This work is expected to be complete in 2023.

 

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BC Hydro to begin reporting COVID-19 updates at Site C

BC Hydro COVID-19 Site C updates detail monitoring, self-isolation at the work camp, Northern Health coordination, social distancing, reduced staffing, progress on diversion tunnels, Highway 29 realignment, and public reports to Peace River Regional District.

 

Key Points

Regular reports on COVID-19 monitoring, isolation protocols, staffing, and Site C work with Northern Health.

✅ Daily updates to Peace River Regional District

✅ Isolation rooms reserved in camp dorms

✅ Construction continues with social distancing

 

BC Hydro says it will begin giving regular updates to the public and the Peace River Regional District about its monitoring of the coronavirus COVID-19 at Site C, reflecting broader industry alerts such as a U.S. grid warning on pandemic risks.

BC Hydro met with the Peace River Regional District Sunday via phone call to discuss the forthcoming measures.

"We did a make a commitment to provide regular updates to Peace River Regional District member communities on an ongoing basis," said spokesman Dave Conway.

"(It's) certainly one of the things that we heard that they want and we heard that strongly and repeatedly."

Conway said updates could be posted as early as Monday on BC Hydro's website for the project.

As of March 23, there were sixteen people in self-isolation at the work camp just outside Fort St. John. Conway did not know how many of the workers have been tested for the virus, but said there are no confirmed cases on site. Provincial guidelines are being followed, he said.

"If they show any of the following symptoms, so sneezing, sore throat, muscle aches, headaches, coughs, or difficulty breathing, they're isolated for 14 days," Conway said.

"We're being very cautious of our application of the guidelines. We're asking anybody to self isolate if they have any slight symptoms."

BC Hydro has set aside one 30-room dorm at the camp for workers who need to isolate themselves, similar to measures in other jurisdictions where the power industry may house staff on-site to maintain operations, and has another four dorms with another 120 rooms that can be used as necessary. Conway could not immediately say whether additional rooms at hotels or at its apartment block have also been reserved.

There have been  700 workers home since a scale-back in construction was announced on March 18, and more workers are expected to be sent home this week. There were 940 people in camp on March 23, Conway said.

"To put that into perspective, the number of people staying in camp at this time of year, based on previous years, usually averages around 1,700," Conway said.

Brad Sperling, board chair for the Peace River Regional District, said BC Hydro has committed to formulating a strategy over the next few days to keep local government and public informed.

Electoral director Karen Goodings said she was pleased by that, and that it's important to everyone that BC Hydro works with Northern Health and adheres to provincial guidelines.

"The senior governments are critical to what measures will be undertaken not only on the project, including the camp, but also on the rules around transportation of workers and on addressing workplace conduct investigations at other utilities," Goodings wrote in an email.

On Sunday, the Site C leisure bus was seen at Totem Mall with two passengers on board.

Conway said the ongoing use of the shuttle is being monitored and evaluated, and is operating under social distancing and extra cleaning guidelines aligned with public transportation changes that have come under BC Transit.

The bus makes 10 trips per day from the camp, with an average of two passengers per trip, Conway said.

"We still have, of course, people in camp, and it's an opportunity for guests to get out and go for a walk and re-provision themselves for essentials for personal needs," Conway said.

Construction of the river diversion tunnels continues to meet a fall deadline, while work also carries on to realign Highway 29, build the transmission line, and clear the valley and future reservoir. Other site security and environmental monitoring work also continues, as utilities confront a dangerous dam-climbing trend driven by social media.

BC Hydro has said measures have been put into place, amid concerns similar to those voiced by nuclear plant workers about precautions at industrial sites, to minimize the potential spread of the COVID-19 on site, such as closing the camp gym and theatre, eliminating self serve dining stations, as well as non-essential travel, tours, and meetings.

Some workers, however, have raised worries about the tight working conditions on site, noting field safety incidents that highlight risks in the sector.

The province announced Monday 48 new cases in B.C., including one more in the Northern Health region, bringing the region's total to five, while Saskatchewan's numbers show how the crisis has reshaped that province. Their precise whereabouts are not being reported by B.C. public health officials.

 

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Green hydrogen, green energy: inside Brazil's $5.4bn green hydrogen plant

Enegix Base One Green Hydrogen Plant will produce renewable hydrogen via electrolysis in Ceara, Brazil, leveraging 3.4 GW baseload renewables, offshore wind, and hydro to scale clean energy, storage, and export logistics.

 

Key Points

A $5.4bn Ceara, Brazil project to produce 600m kg of green hydrogen annually using 3.4 GW of baseload renewables.

✅ 3.4 GW baseload from hydro and offshore wind pipelines

✅ Targets 600m kg green hydrogen per year via electrolysis

✅ Focus on storage, transport, and export supply chains

 

In March, Enegix Energy announced some of the most ambitious hydrogen plans the world has ever seen. The company signed a memorandum of understanding (MOU) with the government of the Brazilian state of Ceará to build the world’s largest green hydrogen plant in the state on the country’s north-eastern coast, and the figures are staggering.

The Base One facility will produce more than 600 million kilograms of green hydrogen annually from 3.4GW of baseload renewable energy, and receive $5.4bn in investment to get the project off the ground and producing within four years.

Green hydrogen, hydrogen produced by electrolysis that is powered by renewables, has significant potential as a clean energy source. Already seeing increased usage in the transport sector, the power source boasts the energy efficiency and the environmental viability to be a cornerstone of the world’s energy mix.

Yet practical challenges have often derailed large-scale green hydrogen projects, from the inherent obstacle of requiring separate renewable power facilities to the logistical and technological challenges of storing and transporting hydrogen. Could vast investment, clever planning, and supportive governments and programs like the DOE’s hydrogen hubs initiative help Enegix to deliver on green hydrogen’s oft-touted potential?

Brazilian billions
The Base One project is exceptional not only for its huge scale, but the timing of its construction, with demand for hydrogen set to increase dramatically over the next few decades. Figures from Wood Mackenzie suggest that hydrogen could account for 1.4 billion tonnes of energy demand by 2050, one-tenth of the world’s supply, with green hydrogen set to be the majority of this figure.

Yet considering that, prior to the announcement of the Enegix project, global green hydrogen capacity was just 94MW, advances in offshore green hydrogen and the development of a project of this size and scope could scale up the role of green hydrogen by orders of magnitude.

“We really need to [advance clean energy] without any emissions on a completely clean, carbon neutral and net-zero framework, and so we needed access to a large amount of green energy projects,” explains Wesley Cooke, founder and CEO of Enegix, a goal aligned with analyses that zero-emissions electricity by 2035 is possible, discussing the motivation behind the vast project.

With these ambitious goals in mind, the company needed to find a region with a particular combination of political will and environmental traits to enable such a project to take off.


“When we looked at all of these key things: pipeline for renewables, access to water, cost of renewables, and appetite for renewables, Brazil really stood out to us,” Cooke continues. “The state of Ceará, that we’ve got an MOU with the government in at the moment, ticks all of these boxes.”

Ceará’s own clean energy plans align with Enegix’s, at least in terms of their ambition and desire for short-term development. Last October, the state announced that it plans to add 5GW of new offshore wind capacity in the next five years. With BI Energia alone providing $2.5bn in investment for its 1.2GW Camocim wind facility, there is significant financial muscle behind these lofty ambitions.

“One thing I should add is that Brazil is very blessed when it comes to baseload renewables,” says Cooke. “They have an incredibly high percentage of their country-wide energy that comes from renewable sources and a lot of this is in part due to the vast hydro schemes that they have for hydro dams. Not a lot of countries have that, and specifically when you’re trying to produce hydrogen, having access to vast amounts of renewables [is vital].”

Changing perceptions and tackling challenges
This combination of vast investment and integration with the existing renewable power infrastructure of Ceará could have cultural impacts too. The combination of state support for and private investment in clean energy offsets many of the narratives emerging from Brazil concerning its energy policies and environmental protections, even as debates over clean energy's trade-offs persist in Brazil and beyond, from the infamous Brumadinho disaster to widespread allegations of illegal deforestation and gold mining.

“I can’t speak for the whole of Brazil, but if we look at Ceará specifically, and even from what we’ve seen from a federal government standpoint, they have been talking about a hydrogen roadmap for Brazil for quite some time now,” says Cooke, highlighting the state’s long-standing support for green hydrogen. “I think we came in at the perfect time with a very solid plan for what we wanted to do, [and] we’ve had nothing but great cooperation, and even further than just cooperation, excitement around the MOU.”

This narrative shift could help overcome one of the key challenges facing many hydrogen projects, the idea that its practical difficulties render it fundamentally unsuitable for baseload power generation. By establishing a large-scale green hydrogen facility in a country that has recently struggled to present itself as one that is invested in renewables, the Base One facility could be the ultimate proof that such clean hydrogen projects are viable.

Nevertheless, practical challenges remain, as is the case with any energy project of this scale. Cooke mentions a number of solutions to two of the obstacles facing hydrogen production around the world: renewable energy storage and transportation of the material.

“We were looking at compressed hydrogen via specialised tankers [and] we were looking at liquefied hydrogen, [as] you have to get liquefied hydrogen very cool to around -253°, and you can use 30% to 40% of your total energy that you started with just to get it down to that temperature,” Cooke explains.

“The other aspect is that if you’re transporting this internationally, you really have to think about the supply chain. If you land in a country like Indonesia, that’s wonderful, but how do you get it from Indonesia to the customers that need it? What is the supply chain? What does that look like? Does it exist today?”

The future of green hydrogen
These practical challenges present something of a chicken and egg problem for the future of green hydrogen: considerable up-front investment is required for functions such as storage and transport, but the difficulties of these functions can scare off investors and make such investments uncommon.

Yet with the world’s environmental situation increasingly dire, more dramatic, and indeed risky, moves are needed to alter its energy mix, and Enegix is one company taking responsibility and accepting these risks.

“We need to have the renewables to match the dirty fuel types,” Cooke says. “This [investment] will really come from the decisions that are being made right now by large-scale companies, multi-billion-euro-per-year revenue companies, committing to building out large scale factories in Europe and Asia, to support PEM [hydrolysis].”

This idea of large-scale green hydrogen is also highly ambitious, considering the current state of the energy source. The International Renewable Energy Agency reports that around 95% of hydrogen comes from fossil fuels, so hydrogen has a long ways to go to clean up its own carbon footprint before going on to displace fossil fuel-driven industries.

Yet this displacement is exactly what Enegix is targeting. Cooke notes that the ultimate goal of Enegix is not simply to increase hydrogen production for use in a single industry, such as clean vehicles. Instead, the idea is to develop green hydrogen infrastructure to the point where it can replace coal and oil as a source of baseload power, leapfrogging other renewables to form the bedrock of the world’s future energy mix.

“The problem with [renewable] baseload is that they’re intermittent; the wind’s not always blowing and the sun’s not always shining and batteries are still very expensive, although that is changing. When you put those projects together and look at the levelised cost of energy, this creates a chasm, really, for baseload.

“And for us, this is really where we believe that hydrogen needs to be thought of in more detail and this is what we’re really evangelising about at the moment.”

A more hydrogen-reliant energy mix could also bring social benefits, with Cooke suggesting that the same traits that make hydrogen unwieldy in countries with established energy infrastructures could make hydrogen more practically viable in other parts of the world.

“When you look at emerging markets and developing markets at the moment, the power infrastructure in some cases can be quite messy,” Cooke says. “You’ve got the potential for either paying for the power or extending your transmission grid, but rarely being able to do both of those.

“I think being able to do that last mile piece, utilising liquid organic hydrogen carrier as an energy vector that’s very cost-effective, very scalable, non-toxic, and non-flammable; [you can] get that power where you need it.

“We believe hydrogen has the potential to be very cost-effective at scale, supporting a vision of cheap, abundant electricity over time, but also very modular and usable in many different use cases.”

 

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Electrifying: New cement makes concrete generate electricity

Cement-Based Conductive Composite transforms concrete into power by energy harvesting via triboelectric nanogenerator action, carbon fibers, and built-in capacitors, enabling net-zero buildings and self-sensing structural health monitoring from footsteps, wind, rain, and waves.

 

Key Points

A carbon fiber cement that harvests and stores energy as electricity, enabling net-zero, self-sensing concrete.

✅ Uses carbon fibers to create a conductive concrete matrix

✅ Acts as a triboelectric nanogenerator and capacitor

✅ Enables net-zero, self-sensing structural health monitoring

 

Engineers from South Korea have invented a cement-based composite that can be used in concrete to make structures that generate and store electricity through exposure to external mechanical energy sources like footsteps, wind, rain and waves, and even self-powering roads concepts.

By turning structures into power sources, the cement will crack the problem of the built environment consuming 40% of the world’s energy, complementing vehicle-to-building energy strategies across the sector, they believe.

Building users need not worry about getting electrocuted. Tests showed that a 1% volume of conductive carbon fibres in a cement mixture was enough to give the cement the desired electrical properties without compromising structural performance, complementing grid-scale vanadium flow batteries in the broader storage landscape, and the current generated was far lower than the maximum allowable level for the human body.

Researchers in mechanical and civil engineering from from Incheon National University, Kyung Hee University and Korea University developed a cement-based conductive composite (CBC) with carbon fibres that can also act as a triboelectric nanogenerator (TENG), a type of mechanical energy harvester.

They designed a lab-scale structure and a CBC-based capacitor using the developed material to test its energy harvesting and storage capabilities, similar in ambition to gravity storage approaches being scaled.

“We wanted to develop a structural energy material that could be used to build net-zero energy structures that use and produce their own electricity,” said Seung-Jung Lee, a professor in Incheon National University’s Department of Civil and Environmental Engineering, noting parallels with low-income housing microgrids in urban settings.

“Since cement is an indispensable construction material, we decided to use it with conductive fillers as the core conductive element for our CBC-TENG system,” he added.

The results of their research were published this month in the journal Nano Energy.

Apart from energy storage and harvesting, the material could also be used to design self-sensing systems that monitor the structural health and predict the remaining service life of concrete structures without any external power, which is valuable in industrial settings where hydrogen-powered port equipment is being deployed.

“Our ultimate goal was to develop materials that made the lives of people better and did not need any extra energy to save the planet. And we expect that the findings from this study can be used to expand the applicability of CBC as an all-in-one energy material for net-zero energy structures,” said Prof. Lee, pointing to emerging circular battery recycling pathways for net-zero supply chains.

Publicising the research, Incheon National University quipped: “Seems like a jolting start to a brighter and greener tomorrow!”

 

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Ontario utilities team up to warn customers about ongoing scams

Ontario Utility Scam Alert: protect against phishing, spoofed calls, texts, and emails, disconnection threats, and demands for prepaid cards or bitcoin. Tips from Alectra, Elexicon, Hydro One, Hydro Ottawa, and Toronto Hydro.

 

Key Points

A joint warning by Ontario utilities on tactics and steps to prevent customer fraud, phishing, and spoofed contacts.

✅ Verify bills; call your utility using the official number.

✅ Ignore links; do not accept unexpected e-transfers.

✅ Never pay with gift cards, prepaid cards, or bitcoin.

 

Five of Ontario's largest utilities have joined forces to raise awareness about ongoing sophisticated utility scams targeting utility customers.

Some common tactics fraudsters use to target Ontarians include impersonation of the local utility or its employees; sending threatening phone calls, texts and emails; or showing up in-person at a customer's home or business and requesting personal information or payment. The requests can include pressure for immediate payment, threats to disconnect service the same day, and demands to purchase prepaid debit cards, gift cards or bitcoin.

The utilities are encouraging all customers to protect themselves and are providing them with the following tips to stay safe, noting that customers want more choice and flexibility in how they manage accounts:

  • Never make a payment for a charge that isn't listed on your most recent bill
  • Ignore text messages or emails with suspicious links promising refunds
  • Don't call the number provided to you — instead, call your utility directly to check the status of your account
  • Only provide personal information or details about your account when you have initiated the contact with the utility representative  
  • Utility companies will never threaten immediate disconnection for non-payment, and many offer relief programs during hardship
  • If you feel threatened in any way, contact your local police
  • Steps you can take to protect yourself against fraud:

Take five minutes to ask additional questions and listen to your instincts — if something doesn't seem right, ask someone about it, and look for news of official utility support efforts that confirm legitimate outreach

  • Immediately hang up on suspicious phone calls
  • Don't click any links in emails/text messages asking you to accept electronic transfers
  • Avoid sharing personal information
  • Always compare bills to previous ones, including the dollar amount and account number, and stay informed about any official rate changes from your utility
  • Reporting suspicious behaviour, including suspected electricity theft, helps authorities

If you believe you may be a victim of fraud, please contact the Canadian Anti-Fraud Centre at 1-888-495-8501 and your local utility.

Customers can find more information at:

  • Alectra Utilities
  • Elexicon Energy
  • Hydro One
  • Hydro Ottawa 
  • Toronto Hydro

 

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