Regulator was just doing her job

By Toronto Star


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Stephen Harper's government says it fired the country's top nuclear regulator for not doing her job. The evidence suggests the opposite. Canadian Nuclear Safety Commission head Linda Keen was fired because she was doing her job.

Let us be clear what Keen's job was. She and the rest of her commission are not charged with ensuring that all Canadians lead happy and healthy lives. Even Harper might find that task difficult.

Rather her job, as specified in the Nuclear Safety and Control Act, was to ensure that radioactive material was created and used safely.

Two years ago, Keen's commission renewed Atomic Energy of Canada Ltd.'s operating licence for a reactor at Chalk River that produces medical isotopes. As a condition of licensing, AECL was required to upgrade safety systems on the 50-year-old reactor by installing two new pumps.

During a routine inspection last November, inspectors found the pumps still hadn't been installed. Which is why AECL shut the reactor down.

For a while, no one noticed. Then media stories began to appear suggesting that the country faced a severe isotope shortage that could lead to some medical tests and treatments being delayed.

It's probably worth noting that there is no record of anyone's health being harmed during this so-called crisis. It's also worth noting that by the time politicians became involved, AECL had already successfully installed one of the required backup pumps and was readying the second. On Dec. 11, an AECL official told the Commons that the necessary safety upgrades could be completed with just 16 more days of reactor down time.

Nonetheless, the three opposition parties – short-sighted as always – eagerly supported the government's decision to pass an emergency law that allowed the reactor to reopen before it was safe.

Now those same opposition parties seem surprised that the government has fired the regulator that they helped to undercut.

The government's case, articulated by Natural Resources Minister Gary Lunn at a Commons committee, is that it was Keen's job to get Chalk River up and running. In fact, as the minister responsible for AECL, that task belonged to him. Her job under the law was to set and enforce nuclear safety standards – which she did.

The exact nature of the government's game is unclear. Green Leader Elizabeth May is probably close to the truth when she says Harper is trying to defang the regulatory watchdog at the behest of Canada's nuclear industry. Keen and AECL already were at loggerheads, particularly over her insistence that its new reactors be strong enough to withstand the impact of a large plane crash (a not unreasonable requirement in the post 9/11 world).

Certainly, Lunn's arguments made little sense. He characterized AECL's failure to meet the regulator's safety standards as a "dispute" between two agencies – which is rather like suggesting that someone who breaks the law is having a "dispute" with the convicting judge. He also insisted the issue was one of "licensing" rather than safety, even though the entire point of licensing a nuclear reactor is to ensure its safe operation.

And he made the disturbing claim, not reflected in law, that the government has the right to fire this and any future head of the nuclear regulatory commission at will and without cause.

All of which would render impotent a quasi-judicial commission that – until now at least – has existed for a very good reason.

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Are Net-Zero Energy Buildings Really Coming Soon to Mass?

Massachusetts Energy Code Updates align DOER regulations with BBRS standards, advancing Stretch Code and Specialized Code beyond the Base Energy Code to accelerate net-zero construction, electrification, and high-efficiency building performance across municipal opt-in communities.

 

Key Points

They are DOER-led changes to Base, Stretch, and Specialized Codes to drive net-zero, electrified, efficient buildings.

✅ Updates apply Base, Stretch, or opt-in Specialized Code.

✅ Targets net-zero by 2050 with electrification-first design.

✅ Municipalities choose code path via City Council or Town Meeting.

 

Massachusetts will soon see significant updates to the energy codes that govern the construction and alteration of buildings throughout the Commonwealth.

As required by the 2021 climate bill, the Massachusetts Department of Energy Resources (DOER) has recently finalized regulations updating the current Stretch Energy Code, previously promulgated by the state's Board of Building Regulations and Standards (BBRS), and establishing a new Specialized Code geared toward achieving net-zero building energy performance.

The final code has been submitted to the Joint Committee on Telecommunications, Utilities, and Energy for review as required under state law, amid ongoing Connecticut market overhaul discussions that could influence regional dynamics.

Under the new regulations, each municipality must apply one of the following:

Base Energy Code - The current Base Energy Code is being updated by the BBRS as part of its routine updates to the full set of building codes. This base code is the default if a municipality has not opted in to an alternative energy code.

Stretch Code - The updated Stretch Code creates stricter guidelines on energy-efficiency for almost all new constructions and alterations in municipalities that have adopted the previous Stretch Code, paralleling 100% carbon-free target in Minnesota and elsewhere to support building decarbonization. The updated Stretch Code will automatically become the applicable code in any municipality that previously opted-in to the Stretch Code.

Specialized Code - The newly created Specialized Code includes additional requirements above and beyond the Stretch Code, designed to get to ensure that new construction is consistent with a net-zero economy by 2050, similar to Canada's clean electricity regulations that set a 2050 decarbonization pathway. Municipalities must opt-in to adopt the Specialized Code by vote of City Council or Town Meeting.

The new codes are much too detailed to summarize in a blog post. You can read more here. Without going into those details here, it is worth noting a few significant policy implications of the new regulations:

With roughly 90% of Massachusetts municipalities having already adopted the prior version of the Stretch Code, the Commonwealth will effectively soon have a new base code that, even if it does not mandate zero-energy buildings, is nonetheless very aggressive in pushing new construction to be as energy-efficient as possible, as jurisdictions such as Ontario clean electricity regulations continue to reshape the power mix.

Although some concerns have been raised about the cost of compliance, particularly in a period of high inflation, and amid solar demand charge debates in Massachusetts, our understanding is that many developers have indicated that they can work with the new regulations without significant adverse impacts.

Of course, the success of the new codes depends on the success of the Commonwealth's efforts to transition quickly to a zero-carbon electrical grid, supported by initiatives like the state's energy storage solicitation to bolster reliability. If the cost of doing so is higher than expected, there could well be public resistance. If new transmission doesn't get built out sufficiently quickly or other problems occur, such that the power is not available to electrify all new construction, that would be a much more significant problem - for many reasons!

In short, the new regulations unquestionably set the Commonwealth on a course to electrify new construction and squeeze carbon emissions out of new buildings. However, as with the rest of our climate goals, there are a lot of moving pieces, including proposals for a clean electricity standard shaping the power sector that are going to have to come together to make the zero-carbon economy a reality.

 

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Ottawa making electricity more expensive for Albertans

Alberta Electricity Price Surge reflects soaring wholesale rates, natural gas spikes, carbon tax pressures, and grid decarbonization challenges amid cold-weather demand, constrained supply, and Europe-style energy crisis impacts across the province.

 

Key Points

An exceptional jump in Alberta's power costs driven by gas price spikes, high demand, policy costs, and tight supply.

✅ Wholesale prices averaged $123/MWh in December

✅ Gas costs surged; supply constraints and outages

✅ Carbon tax and decarbonization policies raised costs

 

Albertans just endured the highest electricity prices in 21 years. Wholesale prices averaged $123 per megawatt-hour in December, more than triple the level from the previous year and highest for December since 2000.

The situation in Alberta mirrors the energy crisis striking Europe where electricity prices are also surging, largely due to a shocking five-fold increase in natural gas prices in 2021 compared to the prior year.

The situation should give pause to Albertans when they consider aggressive plans to “decarbonize” the electric grid, including proposals for a fully renewable grid by 2030 from some policymakers.

The explanation for skyrocketing energy prices is simple: increased demand (because of Calgary's frigid February demand and a slowly-reviving post-pandemic economy) coupled with constrained supply.

In the nitty gritty details, there are always particular transitory causes, such as disputes with Russian gas companies (in the case of Europe) or plant outages (in the case of Alberta).

But beyond these fleeting factors, there are more permanent systemic constraints on natural gas (and even more so, coal-fired) power plants.

I refer of course to the climate change policies of the Trudeau government at the federal level and some of the more aggressive provincial governments, which have notable implications for electricity grids across Canada.

The most obvious example is the carbon tax, the repeal of which Premier Jason Kenney made a staple of his government.

Putting aside the constitutional issues (on which the Supreme Court ruled in March of last year that the federal government could impose a carbon tax on Alberta), the obvious economic impact will be to make carbon-sourced electricity more expensive.

This isn’t a bug or undesired side-effect, it’s the explicit purpose of a carbon tax.

Right now, the federal carbon tax is $40 per tonne, is scheduled to increase to $50 in April, and will ultimately max out at a whopping $170 per tonne in 2030.

Again, the conscious rationale of the tax, aligned with goals for cleaning up Canada's electricity, is to make coal, oil and natural gas more expensive to induce consumers and businesses to use alternative energy sources.

As Albertans experience sticker shock this winter, they should ask themselves — do we want the government intentionally making electricity and heating oil more expensive?

Of course, the proponent of a carbon tax (and other measures designed to shift Canadians away from carbon-based fuels) would respond that it’s a necessary measure in the fight against climate change, and that Canada will need more electricity to hit net-zero according to the IEA.

Yet the reality is that Canada is a bit player on the world stage when it comes to carbon dioxide, responsible for only 1.5% of global emissions (as of 2018).

As reported at this “climate tracker” website, if we look at the actual policies put in place by governments around the world, they’re collectively on track for the Earth to warm 2.7 degrees Celsius by 2100, far above the official target codified in the Paris Agreement.

Canadians can’t do much to alter the global temperature, but federal and provincial governments can make energy more expensive if policymakers so choose, and large-scale electrification could be costly—the Canadian Gas Association warns of $1.4 trillion— if pursued rapidly.

As renewable technologies become more reliable and affordable, business and consumers will naturally adopt them; it didn’t take a “manure tax” to force people to use cars rather than horses.

As official policy continues to make electricity more expensive, Albertans should ask if this approach is really worth it, or whether options like bridging the Alberta-B.C. electricity gap could better balance costs.

Robert P. Murphy is a senior fellow at the Fraser Institute.

 

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Project examines potential for Europe's power grid to increase HVDC Technology

HVDC-WISE Project accelerates HVDC technology integration across the European transmission system, delivering a planning toolkit to boost grid reliability, resilience, and interconnectors for renewables and offshore wind amid climate, cyber, and physical threats.

 

Key Points

EU-funded project delivering tools to integrate HVDC into Europe's grid, improving reliability, resilience, and security.

✅ EU Horizon Europe-backed consortium of 14 partners

✅ Toolkit to assess extreme events and grid operability

✅ Supports interconnectors, offshore wind, and renewables

 

A partnership of 14 leading European energy industry companies, research organizations and universities has launched a new project to identify opportunities to increase integration of HVDC technology into the European transmission system, echoing calls to invest in smarter electricity infrastructure from abroad.

The HVDC-WISE project, in which the University of Strathclyde is the UK’s only academic partner, is supported by the European Union’s Horizon Europe programme.

The project’s goal is to develop a toolkit for grid developers to evaluate the grid’s performance under extreme conditions and to plan systems, leveraging a digital grid approach that supports coordination to realise the full range of potential benefits from deep integration of HVDC technology into the European transmission system.

The project is focused on enhancing electric grid reliability and resilience while navigating the energy transition. Building and maintaining network infrastructure to move power across Europe is an urgent and complex task, and reducing losses with superconducting cables can play a role, particularly with the continuing growth of wind and solar generation. At the same time, threats to the integrity of the power system are on the rise from multiple sources, including climate, cyber, and physical hazards.

 

Mutual support

At a time of increasing worries about energy security and as Europe’s electricity systems decarbonise, connections between them to provide mutual support and routes to market for energy from renewables, a dynamic also highlighted in discussions of the western Canadian electricity grid in North America, become ever more important.

In modern power systems, this means making use of High Voltage Direct Current (HVDC) technology.

The earliest forms of technology have been around since the 1960s, but the impact of increasing reliance on HVDC and its ability to enhance a power system’s operability and resilience are not yet fully understood.

Professor Keith Bell, Scottish Power Professor of Future Power Systems at the University of Strathclyde, said:

As an island, HVDC is the only practical way for us to build connections to other countries’ electricity systems. We’re also making use of it within our system, with one existing and more planned Scotland-England subsea link projects connecting one part of Britain to another.

“These links allow us to maximise our use of wind energy. New links to other countries will also help us when it’s not windy and, together with assets like the 2GW substation now in service, to recover from any major disturbances that might occur.

“The system is always vulnerable to weather and things like lightning strikes or short circuits caused by high winds. As dependency on electricity increases, insights from electricity prediction specialists can inform planning as we enhance the resilience of the system.”

Dr Agusti Egea-Alvarez, Senior Lecturer at Strathclyde, said: “HVDC systems are becoming the backbone of the British and European electric power network, either interconnecting countries, or connecting offshore wind farms.

“The tools, procedures and guides that will be developed during HVDC-WISE will define the security, resilience and reliability standards of the electric network for the upcoming decades in Europe.”

Other project participants include Scottish Hydro Electric Transmission, the Supergrid Institute, the Electric Power Research Institute (EPRI) Europe, Tennet TSO, Universidad Pontificia Comillas, TU Delft, Tractebel Impact and the University of Cyprus.

 

Climate change

Eamonn Lannoye, Managing Director of EPRI Europe, said: “The European electricity grid is remarkably reliable by any standard. But as the climate changes and the grid becomes exposed to more extreme conditions, energy interdependence between regions intensifies and threats from external actors emerge. The new grid needs to be robust to those challenges.”

Juan Carlos Gonzalez, a senior researcher with the SuperGrid Institute which leads the project said: “The HVDC-WISE project is intended to provide planners with the tools and know-how to understand how grid development options perform in the context of changing threats and to ensure reliability.”

HVDC-WISE is supported by the European Union’s Horizon Europe programme under agreement 101075424 and by the UK Research and Innovation Horizon Europe Guarantee scheme.

 

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Two-thirds of the U.S. is at risk of power outages this summer

Home Energy Independence reduces electricity costs and outage risks with solar panels, EV charging, battery storage, net metering, and smart inverters, helping homeowners offset tiered rates and improve grid resilience and reliability.

 

Key Points

Home Energy Independence pairs solar, batteries, and smart EV charging to lower bills and keep power on during outages.

✅ Offset rising electricity rates via solar and net metering

✅ Add battery storage for backup power and peak shaving

✅ Optimize EV charging to avoid tiered rate penalties

 

The Department of Energy recently warned that two-thirds of the U.S. is at risk of losing power this summer. It’s an increasingly common refrain: Homeowners want to be less reliant on the aging power grid and don’t want to be at the mercy of electric utilities due to rising energy costs and dwindling faith in the power grid’s reliability.

And it makes sense. While the inflated price of eggs and butter made headlines earlier this year, electricity prices quietly increased at twice the rate of overall inflation in 2022, even as studies indicate renewables aren’t making power more expensive overall, and homeowners have taken notice. In fact, according to Aurora Solar’s Industry Snapshot, 62% expect energy prices will continue to rise.

Homeowners aren’t just frustrated that electricity is pricey when they need it, they’re also worried it won’t be available at all when they feel the most vulnerable. Nearly half (48%) of homeowners are concerned about power outages stemming from weather events, or grid imbalances from excess solar in some regions, followed closely by outages due to cyberattacks on the power grid.

These concerns around reliability and cost are creating a deep lack of confidence in the power grid. Yet, despite these growing concerns, homeowners are increasingly using electricity to displace other fuel sources.

The electrification of everything
From electric heat pumps to electric stoves and clothes dryers, homeowners are accelerating the electrification of their homes. Perhaps the most exciting example is electric vehicle (EV) adoption and the need for home charging. With major vehicle makers committing to ambitious electric vehicle targets and even going all-electric in the future, EVs are primed to make an even bigger splash in the years to come.

The by-product of this electrification movement is, of course, higher electric bills because of increased consumption. Homeowners also risk paying more for every unit of energy they use if they’re part of a tiered pricing utility structure, where energy-insecure households often pay 27% more on electricity because customers are charged different rates based on the total amount of energy they use. Many new electric vehicle owners don’t realize this until they are deep into purchasing their new vehicle, or even when they open that first electric bill after the car is in their driveway.

Sure, this electrification movement can feel counterintuitive given the power grid concerns. But it’s actually the first step toward energy independence, and emerging models like peer-to-peer energy sharing could amplify that over time.

Balancing conflicting movements
The fact is that electrification is moving forward quickly, even among homeowners who are concerned about electricity prices and power grid reliability, and about why the grid isn’t yet 100% renewable in the U.S. This has the potential to lead to even more discontent with electric utilities and growing anxiety over access to electricity in extreme situations. There is a third trend, though, that can help reconcile these two conflicting movements: the growth of solar.

The popularity of solar is likely higher than you think: Nearly 77% of homeowners either have solar panels on their homes or are interested in purchasing solar. The Aurora Solar Industry Snapshot report also showed a nearly 40% year-over-year increase in residential solar projects across the U.S. in 2022, as the country moves toward 30% power from wind and solar overall, aligning with the Solar Energy Industries Association’s (SEIA) Solar Market Insight Report, which found, “Residential solar had a record year [in 2022] with nearly 6 GWdc of installations, representing 40% growth over 2021.”

It makes sense that finding ways to tamp down—even eliminate—growing bills caused by the electrification of homes is accelerating interest in solar, as more households weigh whether residential solar is worth it for their budgets, and residential solar installers are seeing this firsthand. The link between EVs and solar is a great proof point: Almost 80% of solar professionals said EV adoption often drives new interest in solar. 

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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Power bill cut for 22m Thailand houses

Thailand Covid-19 Electricity Bill Relief offers energy subsidies, tariff cuts, and free power for small meters, helping work-from-home users as authorities waive charges and discount kWh rates via EGAT, MEA, PEA for three months.

 

Key Points

Program waiving or cutting household electricity bills for 22 million homes in March-May, easing work-from-home costs.

? Free power for meters <= 5 amps; up to 10M homes

? Up to 800 kWh: pay February rate; above, 50% discount

? >3,000 kWh: 30% discount; program valid March-May

 

The Thailand cabinet has formally approved energy authorities' decision to either waive or cut electricity charges, similar to B.C. electricity relief measures, for 22 million households where people are working at home because of the coronavirus disease.

Energy Minister Sontirat Sontijirawong said after the cabinet meeting on Tuesday that the ministers acknowledged the step taken by from the Energy Regulatory Commission, the Electricity Generating Authority of Thailand, the Metropolitan Electricity Authority and the Provincial Electricity Authority and noted parallels with Ontario's COVID-19 hydro plan rolled out to support ratepayers.

The measure would be valid for three months, from March to May, and cover 22 million households. It would cost the state 23.68 billion baht in lost revenue, he said, a pattern also seen with Ontario rate reductions affecting provincial revenues.


"The measure reduces the electricity charges burden on households. It is the cost of living of the people who are working from home to support the government's control of Covid-19," Mr Sontirat said.

The business sector also wants similar assistance, echoing sentiments from Ontario manufacturers during recent price reduction efforts. He said their requests were being considered.

Free electricity is extended to households with a power meter of no more than 5 amps. Up to 10 million households are expected to benefit, although issues like electricity payment challenges in India highlight different market contexts.

For households with a power meter over 5 amps, if their consumption does not exceed 800 units (kilowat hours), they will pay as much as they did in their February bill. The amount over 800 units will be subject to a 50 per cent discount, while elsewhere B.C. commercial consumption has fallen sharply.

Large houses that consume more than 3,000 units will get a 30 per cent discount, at a time when BC Hydro demand is down 10%.

 

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