McGuinty says no to carbon tax

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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BMW Hydrogen Fuel Cell Strategy positions iX5 and eDrive for zero-emission mobility, leveraging fuel cells, fast refueling, and hydrogen infrastructure as an alternative to BEVs, diversifying drivetrains across premium segments globally, rapidly.

Key Points

BMW's plan to commercialize hydrogen fuel-cell drivetrains like iX5 eDrive for scalable, zero-emission mobility.

✅ Fuel cells enable fast refueling and long range with water vapor only.

✅ Reduces reliance on lithium and cobalt via recyclable materials.

✅ Targets premium SUV iX5; limited pilots before broader rollout.

BMW is hanging in there with hydrogen, a stance mirrored in power companies' hydrogen outlook today. That’s what Oliver Zipse, the chairperson of BMW, reiterated during an interview last week in Goodwood, England. 

“After the electric car, which has been going on for about 10 years and scaling up rapidly, the next trend will be hydrogen,” he says. “When it’s more scalable, hydrogen will be the hippest thing to drive.”

BMW has dabbled with the idea of using hydrogen for power for years, even though it is obscure and niche compared to the current enthusiasm surrounding vehicles powered by electricity. In 2005, BMW built 100 “Hydrogen 7” vehicles that used the fuel to power their V12 engines. It unveiled the fuel cell iX5 Hydrogen concept car at the International Motor Show Germany in 2021. 

In August, the company started producing fuel-cell systems for a production version of its hydrogen-powered iX5 sport-utility vehicle. Zipse indicated it would be sold in the United States within the next five years, although in a follow-up phone call a spokesperson declined to confirm that point. Bloomberg previously reported that BMW will start delivering fewer than 100 of the iX5 hydrogen vehicles to select partners in Europe, the U.S., and Asia, where Asia leads on hydrogen fuel cells today, from the end of this year.

All told, BMW will eventually offer five different drivetrains to help diversify alternative-fuel options within the group, as hybrids gain renewed momentum in the U.S., Zipse says.

“To say in the U.K. about 2030 or the U.K. and in Europe in 2035, there’s only one drivetrain, that is a dangerous thing,” he says. “For the customers, for the industry, for employment, for the climate, from every angle you look at, that is a dangerous path to go to.” 

Zipse’s hydrogen dreams could even extend to the group’s crown jewel, Rolls-Royce, which BMW has owned since 1998. The “magic carpet ride” driving style that has become Rolls-Royce’s signature selling point is flexible enough to be powered by alternatives to electricity, says Rolls-Royce CEO Torsten Müller-Ötvös. 

“To house, let’s say, fuel cell batteries: Why not? I would not rule that out,” Müller-Ötvös told reporters during a roundtable conversation in Goodwood on the eve of the debut of the company’s first-ever electric vehicle, Spectre. “There is a belief in the group that this is maybe the long-term future.”

Such a vehicle would contain a hydrogen fuel-cell drivetrain combined with BMW’s electric “eDrive” system. It works by converting hydrogen into electricity to reach an electrical output of up to 125 kW/170 horsepower and total system output of nearly 375hp, with water vapor as the only emission, according to the brand.

Hydrogen’s big advantage over electric power, as EVs versus fuel cells debates note, is that it can supply fuel cells stored in carbon-fiber-reinforced plastic tanks. “There will [soon] be markets where you must drive emission-free, but you do not have access to public charging infrastructure,” Zipse says. “You could argue, well you also don’t have access to hydrogen infrastructure, but this is very simple to do: It’s a tank which you put in there like an old [gas] tank, and you recharge it every six months or 12 months.”

Fuel cells at BMW would also help reduce its dependency on raw materials like lithium and cobalt, because the hydrogen-based system uses recyclable components made of aluminum, steel, and platinum. 

Zipse’s continued commitment to prioritizing hydrogen has become an increasingly outlier position in the automotive world. In the last five years, electric-only vehicles have become the dominant alternative fuel — as the age of electric cars dawns ahead of schedule — if not yet on the road, where fewer than 3% of new cars have plugs, at least at car shows and new-car launches.

Rivals Mercedes-Benz and Audi scrapped their own plans to develop fuel cell vehicles and instead have poured tens of billions of dollars into developing pure-electric vehicle, including Daimler's electrification plan initiatives. Porsche went public to finance its own electric aspirations. 

BMW will make half of all new-car sales electric by 2030 across the group, with many expecting most drivers to go electric within a decade, which includes MINI and Rolls-Royce. 
 

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Hydro One Account Customization lets Ontario customers pick billing due dates, enable balanced billing, get early high usage notifications, monitor electricity consumption, and receive outage alerts, offering flexibility during COVID-19.

Key Points

A flexible toolkit to set due dates, balance bills, get usage alerts, and track electricity.

✅ Pick your billing due date for better cash flow

✅ Balanced billing smooths seasonal usage spikes

✅ Early high usage and outage alerts via text or email

Hydro One announced it is providing its customers with the flexibility to customize their account. Customers can choose their own billing due date, flatten usage spikes from temperature fluctuations through balanced billing and the Ultra-Low Overnight Price Plan, and monitor their electricity consumption by signing up for early high usage notifications.

Research shows that Ontario electricity customers want more choice and flexibility (CNW Group/Hydro One Inc.)
"Being in-tune with our customers' needs is more important than ever. As we continue to navigate the COVID-19 pandemic, customers tell us that choice and flexibility, alongside electricity relief, will help them during this difficult time," said Jason Fitzsimmons, Chief Corporate Affairs and Customer Care Officer, Hydro One. "As a customer-driven organization, we have an important responsibility to support customers with relief, flexibility and choice."

According to recent research conducted by Angus Reid, 78 per cent of Ontario electricity customers said balanced billing would help them better manage their finances, even as peak hydro rates remained unchanged for many self-isolating customers. Balanced billing flattens out the spikes in electricity usage that commonly occurs in the summer due to air conditioning use and in the winter due to heating.

The research also found that 72 per cent of customers would like to pick their own due date to better manage their finances. This feature is now included in Hydro One's new customization bundle, which will be shared with customers through an awareness campaign. Other customization tools include alerts when electricity usage falls outside of the customer's normal pattern, the ability to report outages online and the ability to receive text messages or emails when outages occur. Customers can visit www.HydroOne.com/Choice to learn more.

"Customers can pick and choose the tools that work best for them. We are now able to offer a suite of features built for any lifestyle as our employees support Ontario's COVID-19 response across the province," said Fitzsimmons.

In addition to these customization options, Hydro One has also developed a number of customer support measures during COVID-19, including a Pandemic Relief Fund to offer payment flexibility and financial assistance to customers. The company is also extending its ban on electricity disconnections to ensure that no customer is disconnected at a time when support is needed most. More information about Hydro One's Pandemic Relief Program can be found at www.HydroOne.com/PandemicRelief. Customers can continue to contact Hydro One to determine individual payment plans and determine financial assistance programs available to meet their needs, especially as disconnection pressures can arise for some households.

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European Green Deal Electrification accelerates decarbonization via renewables, electric vehicles, heat pumps, and clean industry, backed by sustainable finance, EIB green lending, just transition funds, and energy taxation reform to phase out fossil fuels.

Key Points

An EU plan to replace fossil fuels with renewable electricity in transport, buildings, and industry, supported by green finance.

✅ Doubles electricity's share to cut CO2 and phase out fossil fuels.

✅ Drives EVs, heat pumps, and electrified industry via renewables.

✅ Funded by EIB lending, EU budget, and just transition support.

The European Union is preparing an ambitious plan to completely decarbonize by 2050. Increasing the share of electricity in Europe’s energy system – electricity that will increasingly come from renewable sources - will be at the center of this strategy, aligning with the broader global energy transition under way, the new head of the European Commission’s energy department said yesterday.

This will mean more electric cars, electric heating and electric industry. The idea is that fossil fuels should no longer be a primary energy source, heating homes, warming food or powering cars. In the medium term they should only be used to generate electricity, a shift mirrored by New Zealand's electricity shift efforts, which then powers these things, resulting in less CO2 emissions.

“First assessments show we need to double the share of electricity in energy consumption by 2050,” Ditte Juul-Jørgensen said at an event in Brussels this week, a goal echoed by recent calls to double investment in power systems from world leaders. “We’ve already seen an increase in the last decade, but we need to go further”.

Juul-Jørgensen, who started in her job as director-general of the commission’s energy department in August, has come to the role at a pivotal time for energy. The 2050 decarbonization proposal from the Commission, the EU’s executive branch, is expected to be approved next month by EU national leaders. A veto from Poland that has blocked adoption until now is likely to be overcome if Poland and other Eastern European countries are offered financial assistance from a “just transition fund”, according to EU sources.

Ursula von der Leyen, the incoming President of the Commission, has promised to unveil a “European Green Deal” in her first 100 days in office designed to get the EU to its 2050 goal. Juul-Jørgensen will be working with the incoming EU Energy Commissioner, Kadri Simson, on designing this complex strategy. The overall aim will be to phase out fossil fuels, and increase the use of electricity from green sources, amid trends like oil majors pivoting to electric across Europe today.

“This will be about how do we best make use of electricity to feed into other sectors,” Juul-Jørgensen said. “We need to think about transforming it into other sources, and how to best transport it.”

“But the biggest challenge from what I see today is that of investment and finance - the changes we have to make are very significant.”

Financing problems

The Commission is going to try to tackle the challenges of financing the energy transition with two tools: dedicated climate funding in the EU budget, and dedicated climate lending from the European Investment Bank.

“The EIB will play an increasing role in future. We hope to see agreement [with the EIB board] on that in the coming months so there’s a clear operator in the EIB to support the green transition. We’re looking at something around €400 billion a year.”

The Commission’s proposed dedicated climate spending in the next seven-year budget must still be approved by the 28 EU national governments. Juul-Jørgensen said there is unanimous agreement on the amount: 25% of the budget. But there is disagreement about how to determine what is green spending.

“A lot of work has been ongoing to ensure that when it comes to counting it reflects the reality of the investments,” she said. “We’re working on the taxonomy on sustainable finance - internally identifying sectors contributing to overall climate objectives.”

Electricity pact

Juul-Jørgensen was speaking at an event organized by the the Electrification Alliance, a pact between nine industry organizations to lobby for electricity to be put at the heart of the European green deal. They signed a declaration at the event calling for a variety of measures to be included in the green deal, reflecting debates over a fully renewable grid by 2030 in other jurisdictions, including a change to the EU’s energy taxation regime which incentivizes a switch from fossil fuel to electricity consumption.

“Electrification is the most important solution to turn the vision of a fossil-free Europe into reality,” said Laurence Tubiana, CEO of the European Climate Foundation, one of the signatories, and co-architect of the Paris Agreement.

“We are determined to deliver, but we must be mindful of the different starting points and secure sufficient financing to ensure a fair transition”, said Magnus Hall, President of electricity industry association Eurelectric, another signatory.

The energy taxation issue has been particularly tricky for the EU, since any change in taxation rules requires the unanimous consent of all 28 EU countries. But experts say that current taxation structures are subsidizing fossil fuels and punishing electricity, as recent UK net zero policy changes illustrate, and unless this is changed the European Green Deal can have little effect.

“Yes this issue will be addressed in the incoming commission once it takes up its function,” Juul-Jørgensen said in response to an audience question. “We all know the challenge - the unanimity requirement in the Council - and so I hope that member states will agree to the direction of work and the need to address energy taxation systems to make sure they’re consistent with the targets we’ve set ourselves.”

But some are concerned that the transformation envisioned by the green deal will have negative impacts on some of the most vulnerable members of society, including those who work in the fossil fuel sector.

This week the Centre on Regulation in Europe sent an open letter to Frans Timmermans, the Commission Vice President in charge of climate, warning that they need to be mindful of distributional effects. These worries have been heightened by the yellow vest protests in France, which were sparked by French President Emmanuel Macron’s attempt to increase fuel taxes for non-electric cars.

“The effectiveness of climate action and sustainability policies will be challenged by increasing social and political pressures,” wrote Máximo Miccinilli, the center’s director for energy. “If not properly addressed, those will enhance further populist movements that undermine trust in governance and in the public institutions.”

Miccinilli suggests that more research be done into identifying, quantifying and addressing distributional effects before new policies are put in place to phase out fossil fuels. He proposes launching a new European Observatory for Distributional Effects of the Energy Transition to deal with this.

EU national leaders are expected to vote on the 2050 decarbonization target, building on member-state plans such as Spain's 100% renewable electricity goal by mid-century, at a summit in Brussels on December 12, and Von der Leyen will likely unveil her European Green Deal in March.

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Louisiana Grid Rebuild After Hurricane Laura will overhaul transmission lines and distribution networks in Lake Charles, as Entergy restores power after catastrophic outages, replacing poles, transformers, and spans to stabilize critical electric infrastructure.

Key Points

Entergy's project replacing transmission and distribution in Lake Charles to restore power after the Cat 4 storm

✅ 1,000+ transmission structures and 6,637 poles damaged

✅ Entergy targets first energized line into Lake Charles in 2 weeks

✅ Full rebuild of Calcasieu and Cameron lines will take weeks

The main power utility for southwest Louisiana will need to "rebuild" the region's grid after Hurricane Laura blasted the region with 150 mph winds last week, top officials said.

The Category 4 hurricane made landfall last Thursday just south of Lake Charles near Cameron, damaging or destroying thousands of electric poles as well as leaving "catastrophic damages" to the transmission system for southwest Louisiana, similar to impacts seen during Typhoon Mangkhut outages in Hong Kong that left many without electricity.

“This is not a restoration," Entergy Louisiana president and CEO Phillip May said in a statement. "It’s almost a complete rebuild of our transmission and distribution system that serves Calcasieu and Cameron parishes.”

According to Entergy, all nine transmission lines that deliver power into the Lake Charles area are currently out service due to storm damage to multiple structures and spans of wire.

The transmission system is a critical component in the delivery of power to customers’ homes, and failures at substations can trigger large outages, as seen in Los Angeles station fire outage reported recently, according to the company.

Of those structures impacted, many were damaged "beyond repair" and require complete replacement.

Broken electrical poles are seen in Holly Beach, La., in the aftermath of Hurricane Laura, Saturday, Aug. 29, 2020. (AP Photo/Gerald Herbert)

Entergy said the damage in southwest Louisiana includes 1,000 transmission structures, 6,637 broken poles, 2,926 transformers and 338 miles of downed distribution wire, highlighting why proactive reliability investments in Hamilton are being pursued by other utilities.

Some 8,300 workers are now in the area working to rebuild the transmission lines, but Entergy said that it will be about two to three weeks before power is available to customers in the Lake Charles area, a timeline similar to Tennessee outages after severe storms reported recently in other states.

"Restoring power will take longer to customers in inaccessible areas of the region," the company said. "While not impacting the expected restoration of service to residential customers, initial estimates are it will take weeks to rebuild all transmission lines in Calcasieu and Cameron parishes."

Entergy Louisiana expects to energize the first of its transmission lines into Lake Charles in two weeks.

“We understand going without power for this extended period will be challenging, and this is not the news customers want to hear. But we have thousands of workers dedicated to rebuilding our grid as quickly as they safely can to return some normalcy to our customers’ lives,” May said.

According to power outage tracking website poweroutage.us, over 164,000 customers remain without service in Louisiana as of Thursday morning, while a Carolinas outage update shows hundreds of thousands affected there as well.

On Wednesday, the Edison Electric Institute, the association of investor-owned electric companies in the U.S., said in a statement to FOX Business that electricity has been restored to approximately 737,000 customers, or 75% of those impacted by the storm across Louisiana, eastern Texas, Mississippi, and Arkansas, even as utilities adapt to climate change to improve resilience.

At least 29,000 workers from 29 states, the District of Columbia and Canada are working to restore power in the region, according to the Electricity Subsector Coordinating Council (ESCC), which is coordinating efforts from government and power industry.

“The transmission loss in Louisiana is significant, with more than 1,000 transmission structures damaged or destroyed by the storm," Department of Energy (DOE) Deputy Secretary Mark Menezes said in a statement. Rebuilding the transmission system is essential to the overall restoration effort and will take weeks given the massive scale and complexity of the work. We will continue to coordinate closely to ensure the full capabilities of the industry and government are marshaled to rebuild this critical infrastructure as quickly as possible.” 

At least 17 deaths in Louisiana have been attributed to the storm; more than half of those killed by carbon monoxide poisoning from the unsafe operation of generators, and residents are urged to follow generator safety tips to reduce these risks. Two additional deaths were verified on Wednesday in Beauregard Parish, which health officials said were due to heat-related illness following the storm.

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NGCP-SGCC Partnership drives transmission grid modernization in the Philippines, boosting high-voltage capacity, reliability, and resilience, while developing engineering talent via the Trailblazers Program to meet Southeast Asia best practices and utility standards.

Key Points

A partnership to modernize the Philippines' grid, boost high-voltage capacity, and upskill NGCP engineers.

✅ Modernizes transmission assets and grid reliability nationwide

✅ Trailblazers Program develops NGCP's engineering leadership

✅ SGCC knowledge transfer on UHV, high-voltage, and best practices

The National Grid Corp. of the Philippines (NGCP) is building on its partnership with State Grid Corp of China (SGCC) to expand and modernize transmission facilities, as well as enhance the capabilities of its personnel to advance the country's grid network, aligning with smart grid transformation in Egypt seen in other markets. NGCP Internal Affairs Department head Edwin Natividad said the grid operator is implementing various development programs with SGCC to make the country's power grid among the best power utilities in Asia.

"We have to look at policies aligned with best global practices, including smart grid solutions increasingly adopted worldwide, that we can choose in adopting in the Philippines too," he said. One of NGCP's flagship development program is the Trailblazers Program, the company's strategy to further develop engineers "who will not just be technical experts, but also be the change agents and movers in the NGCP organization as well as in the Philippines' power sector," Natividad said.

"Having the support of the largest utility in the world gives us comfort that this program is designed and implemented by the best in the power industry," he said. Under the program, high performing personnel participating will be prepared for bigger roles later on in their careers at NGCP.

Business ( Article MRec ), pagematch: 1, sectionmatch: 1 "The advantage of such a pool is that it provides flexibility and, eventually, organizational self-sufficiency around the current and future talent needs of NGCP," Natividad said. Now on its third edition, the Trailblazers Program has already sent 76 personnel since it started in November 2016. Natividad said more than 16 of those who previously attended similar programs have already assumed higher roles in NGCP.

Apart from technical skills development, NGCP's partnership with SGCC also provides technical development to improve on the physical transmission assets. "If you will compare the facilities being handled by SGCC with other countries, in terms of handling high voltage capability, SGCC is way ahead.

The higher the voltage it's going to be more difficult to handle," Natividad said, adding they can handle more power to distribute to power distributors. As an example, SGCC's transmission facilities can handle high voltage to as much as 1,000 kiloVolts (kV), whereas the Philippines only has one high voltage facility, the interconnection between Luzon and Visayas, which can handle 500 kV, echoing proposals for macrogrids in Canada to improve reliability.

Natividad said NGCP was the first and biggest investment of SGCC outside of China before it made investments in other parts of the world, even as cybersecurity concerns in Britain have influenced supplier choices. A consortium among businessmen Henry Sy Jr., Robert Coyuito Jr., and SGCC as technical partner, NGCP holds a 25-year concession contract to operate and maintain the country's transmission grid.

Earlier, Sy, NGCP president and CEO, said the company is targeting to become the best utility firm in Southeast Asia. Since it took over the operations and maintenance of the country's power transmission network in 2009, the grid operator has introduced major physical and technological upgrades to ageing state-owned lines and facilities, while in Great Britain an independent operator model is being advanced to reshape system operations.

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