NB Power rejected compensation in 2002

By CBC.ca


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The New Brunswick government and NB Power are demanding compensation from the federal government for refurbishment delays at the Point Lepreau Nuclear Generating Station, an idea that was called naïve eight years ago.

When NB Power was in front of the Public Utilities Board, the precursor to the Energy and Utilities Board, eight years ago, NB Power's lawyers and executives were asked whether the utility would be entitled to compensation if the massive refurbishment project went behind schedule.

"In the real world no one, no one covers those kinds of costs," said Terrence Morrison, NB Power's lawyer, in transcripts from the board.

"I am suggesting that in order to accept that argument the board pick out some rose-coloured glasses and put them on."

The Point Lepreau reactor is being refurbished by Atomic Energy of Canada Ltd., the federal nuclear agency. The project has run into significant engineering problems and is now three years behind schedule.

The reactor was supposed to be generating power again in September 2009 and now the latest estimates suggest Point Lepreau will not be running again until fall 2012.

NB Power estimates that delay will eventually cost it $1 billion for extra replacement energy, interest and other costs. The project was originally expected to cost $1.4 billion.

The provincial government blames AECL for poor planning and execution of the refurbishment.

Energy Minister Craig Leonard said he expects the provincial government to be fully compensated by Ottawa because of that.

On the same day, Prime Minister Stephen Harper said during a stop in Saint John the federal government would live up to its contractual obligations.

The Public Utilities Board held 14 days of hearings into the proposed refurbishment in early 2002 and then it was NB Power arguing Ottawa could not be held financially responsible for major delays caused by unexpected problems and did not commit to any additional funding.

Rod White, the former vice president of NB Power's nuclear division, said the federal government should not be held responsible for delays when asked during the PUB hearings in 2002.

"[Critics] seem to assume that guarantees and warranties from AECL should fully protect NB Power under all eventualities," White said in the hearings.

"Well, no supplier provides that kind of protection in the power generation business."

Several critics questioned NB Power and AECL claims that rebuilding the plant would take only 18 months since at the time a project of that scale had never been undertaken and they argued New Brunswick should be protected if AECL performed poorly.

This is an exchange between NB Power's Rod White and Rod Gillis, a lawyer, at the 2002 hearing:

White: "AECL specifically excluded [paying for replacement power]."

Gillis: "I know they did. Did you ask to have it put in before they wrote it out?"

White: "I think we probably would have discussed that in negotiations that our desire would be to cover that and they flatly identified that they would not include that."

Gillis: "Now did that not cause you fellows some concern that look, our contractor won't even agree to cover us for the cost of replacement power if they screw up?"

White: "As we said, you won't get those kind of coverages unless you pay a significant premium for them."

Peter Hyslop, a lawyer hired by the provincial government to represent the public during the Point Lepreau hearings, questioned whether it was wise not to have penalty provisions included in the contract.

"It is difficult for me to imagine that some part of Murphy's Law isn't going to occur during the execution of this refurbishment," Hyslop said.

"And quite remarkably, if once the reactor is torn down, things aren't quite what they appear to be then much of the [financial] problem is NB Power's."

NB Power executives dismissed those concerns as unrealistic and in testy exchanges with lawyers representing various groups defended AECL's refusal to pay for replacement power even if the job dragged on.

White said NB Power accepted AECL's refusal to pay for replacement power and made a decision to take on the risk itself because it believed the 18-month schedule was feasible.

When deciding whether to move forward with the refurbishment in 2005, the former Progressive Conservative government entertained a proposal by Bruce Power to take over the project.

The Bruce Power project would have cost an additional $450 million, which was referred to as a "risk premium."

The retubing and refurbishment contracts were not only criticized by the PUB, but also Robin Jeffrey, a nuclear expert hired by the provincial government to review the project, for leaving too much risk with the provincial government.

When former premier Bernard Lord announced the refurbishment project would proceed, he said AECL came up with between $70 million and $100 million worth of improvements to the original contracts.

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Ontario introduces new 'ultra-low' overnight hydro pricing

Ontario Ultra-Low Overnight Electricity Rates cut costs for shift workers and EV charging, with time-of-use pricing, off-peak savings, on-peak premiums, kilowatt-hour details, and Ontario Energy Board guidance for homes and businesses across participating utilities.

 

Key Points

Ontario's ultra-low overnight plan: 2.4c/kWh 11pm-7am for EVs, shift workers; higher daytime on-peak pricing.

✅ 2.4c/kWh 11pm-7am; 24c/kWh on-peak 4pm-9pm

✅ Best for EV charging, shift work, night usage

✅ Available provincewide by Nov 1 via local utilities

 

The Ontario government is introducing a new ultra-low overnight price plan that can benefit shift workers and individuals who charge electric vehicles while they sleep.

Speaking at a news conference on Tuesday, Energy Minister Todd Smith said the new plan could save customers up to $90 a year.

“Consumer preferences are still changing and our government realized there was more we could do, especially as the province continues to have an excess supply of clean electricity at night when province-wide electricity demand is lower,” Smith said, noting a trend underscored by Ottawa's demand decline during the pandemic.

The new rate, which will be available as an opt-in option as of May 1, will be 2.4 cents per kilowatt-hour from 11 p.m. to 7 a.m. Officials say this is 67 per cent lower than the current off-peak rate, which saw a off-peak relief extension during the pandemic.

However, customers should be aware that this plan will mean a higher on-peak rate, as unlike earlier calls to cut peak rates, Hydro One peak charges remained unchanged for self-isolating customers.

The new plan will be offered by Toronto Hydro, London Hydro, Centre Wellington Hydro, Hearst Power, Renfrew Hydro, Wasaga Distribution, and Sioux Lookout Hydro by May. Officials have said this will be expanded to all local distribution companies by Nov. 1.

With the new addition of the “ultra low” pricing, there are now three different electricity plans that Ontarians can choose from. Here is what you have to know about the new hydro options:

TIME OF USE:
Most residential customers, businesses and farms are eligible for these rates, similar to BC Hydro time-of-use proposals in another province, which are divided into off-peak, mid-peak and on-peak hours.

This is what customers will pay as of May 1 according to the Ontario Energy Board, following earlier COVID-19 electricity relief measures that temporarily adjusted rates:

 Off-peak (Weekdays between 7 p.m. and 7 a.m. and on weekends/holidays): 7.4 cents per kilowatt-hour
 Mid-Peak (Weekdays between 7 a.m. and 11 a.m., and between 5 p.m. and 7 p.m.): 10.2 cents per kilowatt-hour
 On-Peak ( Weekdays 11 a.m. to 5 p.m.): 15.1 cents per kilowatt-hour

TIERED RATES
This plan allows customers to get a standard rate depending on how much electricity is used. There are various thresholds per tier, and once a household exceeds that threshold, a higher price applies. Officials say this option may be beneficial for retirees who are home often during the day or those who use less electricity overall.

The tiers change depending on the season. This is what customers will pay as of May 1:

 Residential households that use 600 kilowatts of electricity per month and non-residential businesses that use 750 kilowatts per month: 8.7 cents per kilowatt-hour.
 Residences and businesses that use more than that will pay a flat rate of 10.3 cents per kilowatt-hour


ULTRA-LOW OVERNIGHT RATES
Customers can opt-in to this plan if they use most of their electricity overnight.

This is what customers will pay as of May 1:

  •  Between 11 p.m. and 7 a.m.: 2.4 cents per kilowatt-hour
  •  Weekends and holidays between 7 a.m. and 11 p.m.: 7.4 cents per kilowatt-hour
  •  Mid-Peak (Weekdays between 7 a.m. and 4 p.m., and between 9 p.m. and 11 p.m.): 10.2 cents per kilowatt-hour
  •  On-Peak (weekdays between 4 p.m. and 9 p.m.): 24 cents per kilowatt-hour

More information on these plans can be found on the Ontario Energy Board website, alongside stable pricing for industrial and commercial updates from the province.

 

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Electricity Regulation With Equity & Justice For All

Energy equity in utility regulation prioritizes fair rates, clean energy access, and DERs, addressing fixed charges and energy burdens on low-income households through stakeholder engagement and public utility commission reforms.

 

Key Points

Fairly allocates clean energy benefits and rate burdens, ensuring access and protections for low-income households.

✅ Reduces fixed charges that burden low-income households

✅ Funds community participation in utility proceedings

✅ Prioritizes DERs, energy efficiency, and solar in impacted areas

 

By Kiran Julin

Pouring over the line items on your monthly electricity bill may not sound like an enticing way to spend an afternoon, but the way electricity bills are structured has a significant impact on equitable energy access and distribution. For example, fixed fees can have a disproportionate impact on low-income households. And combined with other factors, low-income households and households of color are far more likely to report losing home heating service, with evidence from pandemic power shut-offs highlighting these disparities, according to recent federal data.

Advancing Equity in Utility Regulation, a new report published by the U.S. Department of Energy’s (DOE’s) Lawrence Berkeley National Laboratory (Berkeley Lab), makes a unifying case that utilities, regulators, and stakeholders need to prioritize energy equity in the deployment of clean energy technologies and resources, aligning with a people-and-planet electricity future envisioned by advocacy groups. Equity in this context is the fair distribution of the benefits and burdens of energy production and consumption. The report outlines systemic changes needed to advance equity in electric utility regulation by providing perspectives from four organizations — Portland General Electric, a utility company; the National Consumer Law Center, a consumer advocacy organization; and the Partnership for Southern Equity and the Center for Biological Diversity, social justice and environmental organizations.
 
“While government and ratepayer-funded energy efficiency programs have made strides towards equity by enabling low-income households to access energy-efficiency measures, that has not yet extended in a major way to other clean-energy technologies,” said Lisa Schwartz, a manager and strategic advisor at Berkeley Lab and technical editor of the report. “States and utilities can take the lead to make sure the clean-energy transition does not leave behind low-income households and communities of color. Decarbonization and energy equity goals are not mutually exclusive, and in fact, they need to go hand-in-hand.”

Energy bills and electricity rates are governed by state laws and utility regulators, whose mission is to ensure that utility services are reliable, safe, and fairly priced. Public utility commissions also are increasingly recognizing equity as an important goal, tool, and metric, and some customers face major changes to electric bills as reforms advance. While states can use existing authorities to advance equity in their decision-making, several, including Illinois, Maine, Oregon, and Washington, have enacted legislation over the last couple of years to more explicitly require utility regulators to consider equity.

“The infrastructure investments that utility companies make today, and regulator decisions about what goes into electricity bills, including new rate design steps that shape customer costs, will have significant impacts for decades to come,” Schwartz said.

Solutions recommended in the report include considering energy justice goals when determining the “public interest” in regulatory decisions, allocating funding for energy justice organizations to participate in utility proceedings, supporting utility programs that increase deployment of energy efficiency and solar for low-income households, and accounting for energy inequities and access in designing electricity rates, while examining future utility revenue models as technologies evolve.

The report is part of the Future of Electric Utility Regulation series that started in 2015, led by Berkeley Lab and funded by DOE, to encourage informed discussion and debate on utility trends and tackling the toughest issues related to state electric utility regulation. An advisory group of utilities, public utility commissioners, consumer advocates, environmental and social justice organizations, and other experts provides guidance.

 

Taking stock of past and current energy inequities

One focus of the report is electricity bills. In addition to charges based on usage, electricity bills usually also have a fixed basic customer charge, which is the minimum amount a household has to pay every month to access electricity. The fixed charge varies widely, from $5 to more than $20. In recent years, utility companies have sought sizable increases in this charge to cover more costs, amid rising electricity prices in some markets.

This fixed charge means that no matter what a household does to use energy more efficiently or to conserve energy, there is always a minimum cost. Moreover, low-income households often live in older, poorly insulated housing. Current levels of public and utility funding for energy-efficiency programs fall far short of the need. The combined result is that the energy burden – or percent of income needed to keep the lights on and their homes at a healthy temperature – is far greater for lower-income households.

“While all households require basic lighting, heating, cooling, and refrigeration, low-income households must devote a greater proportion of income to maintain basic service,” explained John Howat and Jenifer Bosco from the National Consumer Law Center and co-authors of Berkeley Lab’s report. Their analysis of data from the most recent U.S. Energy Information Administration’s Residential Energy Consumption Survey shows households with income less than $20,000 reported losing home heating service at a pace more than five times higher than households with income over $80,000. Households of color were far more likely than those with a white householder to report loss of heating service. In addition, low-income households and households of color are more likely to have to choose between paying their energy bill or paying for other necessities, such as healthcare or food.

Based on the most recent data (2015) from the U.S. Energy Information Administration (EIA), households with income less than $20,000 reported losing home heating service at a rate more than five times higher than households with income over $80,000. Households of color were far more likely than those with a white householder to report loss of heating service. Click on chart for larger view. (Credit: John Howat/National Consumer Law Center, using EIA data)

Moreover, while many of the infrastructure investment decisions that utilities make, such as whether and where to build a new power plant, often have long-term environmental and health consequences, impacted communities often are not at the table. “Despite bearing an inequitable proportion of the negative impacts of environmental injustices related to fossil fuel-based energy production and climate change, marginalized communities remain virtually unrepresented in the energy planning and decision-making processes that drive energy production, distribution, and regulation,” wrote Chandra Farley, CEO of ReSolve and a co-author of the report.


Engaging impacted communities
Each of the perspectives in the report identify a need for meaningful engagement of underrepresented and disadvantaged communities in energy planning and utility decision-making. “Connecting the dots between energy, racial injustice, economic disinvestment, health disparities, and other associated equity challenges becomes a clarion call for communities that are being completely left out of the clean energy economy,” wrote Farley, who previously served as the Just Energy Director at Partnership for Southern Equity. “We must prioritize the voices and lived experiences of residents if we are to have more equity in utility regulation and equitably transform the energy sector.”

In another essay in the report, Nidhi Thaker and Jake Wise from Portland General Electric identify the importance of collaborating directly with the communities they serve. In 2021, the Oregon Legislature passed Oregon HB 2475, which allows the Oregon Public Utility Commission to allocate ratepayer funding for organizations representing people most affected by a high energy burden, enabling them to participate in utility regulatory processes.

The report explains why energy equity requires correcting inequities resulting from past and present failures as well as rethinking how we achieve future energy and decarbonization goals. “Equity in energy requires adopting an expansive definition of the ‘public interest’ that encompasses energy, climate, and environmental justice. Energy equity also means prioritizing the deployment of distributed energy resources and clean energy technologies in areas that have been hit first and worst by the existing fossil fuel economy,” wrote Jean Su, energy justice director and senior attorney at the Center for Biological Diversity.

This report was supported by DOE’s Grid Modernization Laboratory Consortium, with funding from the Office of Energy Efficiency and Renewable Energy and the Office of Electricity.

 

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Hydro One shares jump 5.7 per cent after U.S. regulators reject $6.7B takeover

Hydro One Avista takeover rejection signals Washington regulators blocking a utility acquisition over governance risk, EPS dilution, and balance sheet impact, as investors applaud share price gains and a potential US$103M break fee.

 

Key Points

A regulator-led block of Hydro One's Avista bid, citing EPS dilution, balance sheet risk, and governance concerns.

✅ Washington denies approval; Idaho, Oregon decisions pending.

✅ EPS dilution avoided; balance sheet strength preserved.

✅ Shares rise 5.7%; US$103M break fee if deal collapses.

 

Opposition politicians may not like it but investors are applauding the rejection of Hydro One Ltd.'s $6.7-billion Avista takeover of U.S.-based utility Avista Corp.

Shares in the power company controlled by the Ontario government, which has also proposed a bill redesign to simplify statements, closed at $21.53, up $1.16 or 5.7 per cent, on the Toronto Stock Exchange on Thursday.

On Wednesday, Washington State regulators said they would not allow Ontario's largest utility to buy Avista over concerns about political risk that the provincial government, which owns 47 per cent of Hydro One's shares, might meddle in Avista's operations.

Financial analysts had predicted investors would welcome the news because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet.

"The Washington regulator's denial of Avista is a positive development for the shares, in our opinion," said analyst Ben Pham of BMO Capital Markets in a report on Wednesday.

"While this may sound odd, we note that the Avista deal is expected to be EPS dilutive and result in a weaker balance sheet for (Hydro One). Not acquiring Avista and refocusing its attention on its core Ontario franchise ... along with related interprovincial arrangements such as the Ontario-Quebec electricity deal under discussion would likely be viewed positively if the deal ultimately breaks."

Decisions are yet to come from Idaho and Oregon state regulators, but Washington was probably the most important as the state contains customers making up about 60 per cent of Avista's rate base, Pham said.

He pointed out that a US$103-million break fee is to be paid to Avista if the deal collapses due to a failure to obtain regulatory approval.

CIBC analyst Robert Catellier raised his 12-month Hydro One target price by 25 cents and said many shareholders will feel "relieved" that the deal had failed.

He warned that the company's earnings power could deteriorate as the province seeks to reduce power bills by 12 per cent, despite an Ontario-Quebec hydro deal that may not lower costs.

 

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Japan's power demand hit by coronavirus outbreak: industry head

Japan Power Demand Slowdown highlights reduced electricity consumption as industrial activity stalls amid the coronavirus pandemic, pressuring utilities, the grid, and manufacturing, with economic impacts monitored by Chubu Electric and the federation of electric utilities.

 

Key Points

A drop in Japan's electricity use as industrial activity slows during the coronavirus pandemic, pressuring utilities.

✅ Industrial slowdown cuts electricity consumption

✅ Utilities monitor grid stability and demand trends

✅ Pandemic-linked economic risks weigh on power sector

 

Japan's power demand has been hit by a slowdown in industrial activity due to the coronavirus outbreak, reflecting broader shifts in electricity demand worldwide, Japanese utilities federation's head said on Friday, without giving specific figures.

Electricity load profiles during lockdowns revealed changes in daily routines, as shown by lockdown electricity data across multiple regions.

Analysts have identified key shifts in U.S. electricity consumption patterns that mirror industrial slowdowns.

"We are closely watching development of the pandemic, underscoring the need for electricity during such crises, as further reduction in corporate and economic activities would lead to serious impacts," Satoru Katsuno, the chairman of Japan's federation of electric utilities and president of Chubu Electric Power Co Inc, told a news conference.

In parallel, the power industry has intensified coordination with federal partners to sustain grid reliability and protect critical workers.

Some governments, including Brazil, considered emergency loans for the power sector to stabilize utilities amid revenue pressures.

Consumer advocates warned that pandemic-related electricity shut-offs and bill burdens could exacerbate energy insecurity for vulnerable households.

 

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Energy minister unveils Ontario's plan to address growing energy needs

Powering Ontario's Growth accelerates clean electricity, pairing solar, wind, and hydro with energy storage, efficiency investments, and new nuclear, including SMRs, to meet rising demand and net-zero goals while addressing supply planning across the province.

 

Key Points

Ontario's clean energy plan adds renewables, storage, efficiency, and nuclear to meet rising electricity demand.

✅ Over $1B for energy-efficiency programs through 2030+

✅ Largest clean power procurement in Canadian history

✅ Mix of solar, wind, hydro, storage, nuclear, and SMRs

 

Energy Minister Todd Smith has announced a new plan that outlines the actions the government is taking to address the province's growing demand for electricity.

The government is investing over a billion dollars in "energy-efficiency programs" through 2030 and beyond, Smith said in Windsor.

Experts at Ontario's Independent Electricity System recommended the planning start early to meet demand they predict will require the province to be able to generate 88,000 megawatts (MW) in 20 years.

"That means all of our current supply ... would need to double to meet the anticipated demand by 2050," he said during the announcement.

"While we may not need to start building today, government and those in the energy sector need to start planning immediately, so we have new clean, zero emissions projects ready to go when we need them."

The project is called Powering Ontario's Growth and will advance new clean energy generation from a number of sources, including solar, hydroelectric and wind.

He said this would be the biggest acquisition of clean energy in Canada's history.

Smith made the announcement at Hydro One's Keith Transmission Station.

He said the new planned procurement of green power will pair well with recent energy storage procurements, so that power generated by solar panels, for example, can be stored and injected into the system when needed.

NDP Opposition Leader Marit Stiles said Monday's announcement lacks specifics.

"It's light on details, including key questions of cost, climate impact, waste management and financial risk," said Stiles.

"Ford's Conservatives should be playing catch-up after undermining clean energy in their first term. Instead, they're offering generalities and a vague sense of what they might do."

The Green Party criticized the move Monday afternoon, noting that clean, affordable electricity remains a key Ontario election issue today.

"Ontario is facing an energy crunch – and the Ford government is making it worse by choosing more expensive, dirtier options," said MPP for Guelph Mike Schreiner in the statement.

He said Premier Doug Ford has "grossly" mismanaged the province's energy supply by cancelling 750 renewable energy projects and slashing efficiency programs.

"Now, faced with an opportunity to become a leader in a world that's rapidly embracing renewable energy, this government has chosen to funnel taxpayer dollars into polluting fossil gas plants and expensive new nuclear that will take decades to come online," said Schreiner.

Smith announced last week the plan for three more small modular reactors at the site of the Darlington nuclear power plant. The province also shared its intention to add a third nuclear generating station to Bruce Power near Kincardine. 

"With this backwards approach, the Ford government is squandering a once-in-a-generation opportunity to make Ontario a global leader in attracting investment dollars and creating better jobs in the trillion-dollar clean energy sector," said Schreiner.

 

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Changes Coming For Ontario Electricity Consumers

Ontario Electricity Billing Changes include OEB-backed shifts to time-of-use or tiered pricing, landlord blanket elections, LDC implementation guidance, a customer choice webpage with a bill calculator, and ENDM rate mitigation messaging.

 

Key Points

They are OEB measures enabling TOU-to-tiered switching, landlord elections, LDC guidance, and ENDM bill messages.

✅ Option to switch from TOU to tiered pricing

✅ Landlord blanket elections on tenant turnover

✅ ENDM-led bill info and rate mitigation messaging

 

By David Stevens, Aird & Berlis LLP

Electricity consumers in Ontario may see a couple of electricity rate changes in their bills in the coming months.

First, as we have already discussed, as of November 1, 2020, regulated price plan customers will have the option to switch to "tiered pricing" instead of time-of-use (TOU) pricing structures. Those who switch to "tiered pricing" will see changes in their electricity bills.

The Ontario Energy Board (OEB) has now issued final amendments to the Standard Supply Service Code to support the customer election process necessary to switch from TOU pricing to tiered pricing. The main change from what was already published in previous OEB notices is that landlords will be permitted to make a "blanket election" between TOU pricing and tiered pricing that will apply each time a tenant's account reverts back to the landlord on turnover of the rental unit. In its most recent notice, the OEB acknowledges that implementing the new customer billing option as of Nov. 1 (less than two months from now) will be challenging and directs Local Distribution Companies (LDCs) who cannot meet this date to be immediately in touch with the OEB. Finally, the OEB indicates that there will be a dedicated "customer choice webpage for consumers, including a bill calculator" in place by early October.

Second, as of January 1, 2021 low-volume consumers will see additional messaging on their bills to inform them of available rate mitigation programs.

A recent proposal posted on Ontario's Regulatory Registry indicates that the Ministry of Energy, Northern Development and Mines (ENDM) proposes that LDCs and Utility Sub-Meter Providers will be required to include a new on-bill message for low-volume consumers that "will direct customers to ENDM's new web page for further information about how the province provides financial support to electricity consumers." This new requirement is planned to be in place as of January 1, 2021. In conjunction with this requirement, the ENDM plans to launch a new web page that will provide "up-to-date information about electricity bills," including information about rate mitigation programs available to consumers. Parties are invited to submit comments on the ENDM proposal by October 5, 2020.

 

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