GE plugs into Ontario solar market

By Globe and Mail


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General Electric GE-N energy finance arm has jumped into Ontario's burgeoning solar energy market, as the province's renewable power policy continues to draw a flood of investment.

GE Energy Financial Services has teamed up with Plutonic Power PCC-T, a B.C.-based renewable power firm, to buy three solar farm projects in Southwestern Ontario owned by solar-panel maker First Solar FSLR-Q.

The $60-million deal follows a spate of announcements in recent months that has seen other huge players such as South Korea's Samsung Electronics Co. Ltd. and Germany's Siemens AG, along with many smaller companies, set up shop in the province as renewable energy developers or manufacturers. This is partly the result of Ontario's Green Energy Act, which pays high prices for renewable power and provides incentives to build such equipment in the province.

The GE/Plutonic solar farms, which First Solar has had in the works since before the Green Energy Act went into effect in 2009, have most of their permits in place, and construction is expected to get under way this summer. Together, they will generate a total of about 50 megawatts of power — enough for about 6,000 homes.

This marks the first time either GE Energy or Plutonic has ventured into the renewable business in Ontario, and marks Plutonic's first solar project.

The two companies are already partners in two other power ventures — the 200 MW Toba Montrose run-of-river hydro power project in south-central British Columbia and the 140 MW Dokie wind farm in the northeastern part of the province.

GE is putting about $55-million into the new Ontario venture, and Plutonic about $6-million.

Bill Cabel, an analyst at Jacob Securities Inc. in Toronto, said the deal makes sense, given Ontario's attractive renewable energy market, Plutonic's desire to expand geographically, and GE's stated intention to deploy more capital in this sector.

"It is just more evidence that the environment for developing renewable power in Ontario is very positive," he said.

Donald McInnes, Plutonic's chief executive officer, said his company and GE Energy like the potential in Ontario because "it is the biggest market in the country... and it is arguably the largest growth opportunity in the country at the same time."

The company hopes to be a "growing player" in the Ontario marketplace. But the expansion of the renewable sector in the province still faces some problems, including a need to renew the transmission infrastructure, he said.

Despite such obstacles, there may be opportunities for further investment. "There are a lot of undercapitalized small early-stage companies that will probably need help, and hopefully Plutonic can be a company that fills that role," Mr. McInnes said.

Plutonic is happy to continue helping GE Energy manage its investments in Canada, Mr. McInnes said, but it hopes to eventually be large enough to "do things on our own."

GE's energy finance arm has $6-billion US in renewable energy assets in 14 countries. Many of its projects are wind farms, but it wants to expand sharply in the solar sector.

Mr. McInnes said Plutonic and GE will be relying on First Solar's continued involvement as the operator of the three Ontario wind farms, because of its expertise in making solar panels, and building and maintaining solar installations.

First Solar earlier partnered with Enbridge Inc. to build a large 80 MW solar farm near Sarnia, Ont., that is now pumping power into the Ontario grid.

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Ontario’s Electricity Future: Balancing Demand and Emissions 

Ontario Electricity Transition faces surging demand, GHG targets, and federal regulations, balancing natural gas, renewables, battery storage, and grid reliability while pursuing net-zero by 2035 and cost-effective decarbonization for industry, EVs, and growing populations.

 

Key Points

Ontario Electricity Transition is the province's shift to a reliable, low-GHG grid via renewables, storage, and policy.

✅ Demand up 75% by 2050; procurement adds 4,000 MW capacity.

✅ Gas use rises to 25% by 2030, challenging GHG goals.

✅ Tripling wind and solar with storage can cut costs and emissions.

 

Ontario's electricity sector stands at a pivotal crossroads. Once a leader in clean energy, the province now faces the dual challenge of meeting surging demand while adhering to stringent greenhouse gas (GHG) reduction targets. Recent developments, including the expansion of natural gas infrastructure and proposed federal regulations, have intensified debates about the future of Ontario's energy landscape, as this analysis explains in detail.

Rising Demand and the Need for Expansion

Ontario's electricity demand is projected to increase by 75% by 2050, equivalent to adding four and a half cities the size of Toronto to the grid. This surge is driven by factors such as industrial electrification, population growth, and the transition to electric vehicles. In response, as Ontario confronts a looming shortfall in the coming years, the provincial government has initiated its most ambitious energy procurement plan to date, aiming to secure an additional 4,000 megawatts of capacity by 2030. This includes investments in battery storage and natural gas generation to ensure grid reliability during peak demand periods.

The Role of Natural Gas: A Controversial Bridge

Natural gas has become a cornerstone of Ontario's strategy to meet immediate energy needs. However, this reliance comes with environmental costs. The Independent Electricity System Operator (IESO) projects that by 2030, natural gas will account for 25% of Ontario's electricity supply, up from 4% in 2017. This shift raises concerns about the province's ability to meet its GHG reduction targets and to embrace clean power in practice. 

The expansion of gas-fired plants, including broader plans for new gas capacity, such as the Portlands Energy Centre in Toronto, has sparked public outcry. Environmental groups argue that these expansions could undermine local emissions reduction goals and exacerbate health issues related to air quality. For instance, emissions from the Portlands plant have surged from 188,000 tonnes in 2017 to over 600,000 tonnes in 2021, with projections indicating a potential increase to 1.65 million tonnes if the expansion proceeds as planned. 

Federal Regulations and Economic Implications

The federal government's proposed clean electricity regulations aim to achieve a net-zero electricity sector by 2035. However, Ontario's government has expressed concerns that these regulations could impose significant financial burdens. An analysis by the IESO suggests that complying with the new rules would require doubling the province's electricity generation capacity, potentially adding $35 billion in costs by 2050, while other estimates suggest that greening Ontario's grid could cost $400 billion over time. This could result in higher residential electricity bills, ranging from $132 to $168 annually starting in 2033.

Pathways to a Sustainable Future

Experts advocate for a diversified approach to decarbonization that balances environmental goals with economic feasibility. Investments in renewable energy sources, such as new wind and solar resources, along with advancements in energy storage technologies, are seen as critical components of a sustainable energy strategy. Additionally, implementing energy efficiency measures and modernizing grid infrastructure can enhance system resilience and reduce emissions. 

The Ontario Clean Air Alliance proposes phasing out gas power by 2035 through a combination of tripling wind and solar capacity and investing in energy efficiency and storage solutions. This approach not only aims to reduce emissions but also offers potential cost savings compared to continued reliance on gas-fired generation. 

Ontario's journey toward a decarbonized electricity grid is fraught with challenges, including balancing reliability, clean, affordable electricity, and environmental sustainability. While natural gas currently plays a significant role in meeting the province's energy needs, its long-term viability as a bridge fuel remains contentious. The path forward will require careful consideration of technological innovations, regulatory frameworks, and public engagement to ensure a clean, reliable, and economically viable energy future for all Ontarians.

 

 

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Roads Need More Electricity: They Will Make It Themselves

Electrically Smart Roads integrate solar road surfaces, inductive charging, IoT sensors, AI analytics, and V2X to power lighting, deicing, and monitoring, reducing grid dependence while enabling dynamic EV charging and real-time traffic management.

 

Key Points

Electrically smart roads generate power, sense conditions, and charge EVs using solar, IoT, AI, and dynamic infrastructure.

✅ Solar surfaces, verges, and gantries generate on-site electricity

✅ Inductive lanes enable dynamic EV charging at highway speeds

✅ Embedded IoT sensors and AI deliver real-time traffic insights

 

As more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more.

That toll gate, street light and traffic monitoring system all need electricity. Later, roads that deice and charge vehicles at speed will need huge amounts of electricity. For now, electricity for road systems is provided by very expensive infrastructure to the grid, and grid flexibility for EVs remains a concern, except for a few solar/ wind street lights in China and Korea for example. However, as more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more. There is also highly speculative work in the USA and UK on garnering power from road surface movement using piezoelectrics and electrodynamics and even its heat. 

#google#

China plans to create an intelligent transport system by 2030. The country hopes to build smart roads that will not only be able to charge electric cars as they drive but also monitor temperature, traffic flow and weight load using artificial intelligence. Indeed, like France, the Netherlands and the USA, where U.S. EV charging capacity is under scrutiny, it already has trials of extended lengths of solar road which cost no more than regular roads. In an alternative approach, vehicles go under tunnels of solar panels that also support lighting, light-emitting signage and monitoring equipment using the electricity made where it is needed. See the IDTechEx Research report, Electrically Smart Roads 2018-2028 for more.

Raghu Das, CEO of IDTechEx says, "The spiral vertical axis wind turbines VAWT in Asia rarely rotate because they are too low but much higher versions are planned on large UK roadside vehicle charging centres that should work well. H shaped VAWT is also gaining traction - much slower and quieter than the propeller shape which vibrates and keeps you awake at night in an urban area.

The price gap between the ubiquitous polycrystalline silicon solar cell and the much more efficient single crystal silicon is narrowing. That means that road furniture such as bus shelters and smart gantries will likely go for more solar rather than adding wind power in many cases, a shift mirrored by connected solar tech in homes, because wind power needs a lot of maintenance and its price is not dropping as rapidly."

The IDTechEx Research report, Off Grid Electric Vehicle Charging: Zero Emission 2018-2028 analyses that aspect, while vehicle-to-grid strategies may complement grid resources. The prototype of a smart road is already in place on an expressway outside of Jinan, providing better traffic updates as well as more accurate mapping. Verizon's IoT division has launched a project around intelligent asphalt, which it thinks has the potential to significantly reduce fossil fuel emissions and save time by reducing up to 44% of traffic backups. It has partnered with Sacramento, California, to test this theory.

"By embedding sensors into the pavement as well as installing cameras on traffic lights, we will be able to study and analyze the flow of traffic. Then, we will take all of that data and use it to optimize the timing of lights so that traffic flows easier and travel times are shorter," explains Sean Harrington, vice president of Verizon Smart Communities.

Colorado's Department of Transportation has recently announced its intention to be the first state to pilot smart roads by striking a five-year deal with a smart road company to test the technology. Like planned auto-deicing roads elsewhere, the aim of this project is, first and foremost, to save lives. The technology will detect when a car suddenly leaves a road and send emergency assistance to the area. The IDTechEx Research report Electrically Smart Roads 2018-2028 describes how others work on real time structural monitoring of roads and embedded interactive lighting and road surface signage.

"Smart pavement can make that determination and send that information directly into a vehicle," Peter Kozinski, director of CDOT's RoadX division, tells the Denver Post. "Data is the new asphalt of transportation."   Sensors, processors and other technology are embedded in the Colorado road to extend capability beyond accidents and reach into better road maintenance. Fast adoption relies on the ability to rapidly install sensor-laden pavement or lay concrete slabs. Attention therefore turns to fast adaptation of existing roads. Indeed, even for the heavy coil arrays used for dynamic vehicle charging, even as state power grids face new challenges, in Israel there are machines that can retrofit into the road surface at a remarkable two kilometres of cut and insert in a day.

"It's hard to imagine that these things are inexpensive, with all the electronics in them," Charles Schwartz, a professor of civil and environmental engineering at the University of Maryland, tells the Denver Post concerning the vehicle sensing project, "but CDOT is a fairly sophisticated agency, and this is an interesting pilot project. We can learn a lot, even if the test is only partially successful."

 

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Is Ontario's Power Cost-Effective?

Ontario Nuclear Power Costs highlight LCOE, capex, refurbishment outlays, and waste management, compared with renewables, grid reliability, and emissions targets, informing Australia and Peter Dutton on feasibility, timelines, and electricity prices.

 

Key Points

They include high capex and LCOE from refurbishments and waste, offset by reliable, low-emission baseload.

✅ Refurbishment and maintenance drive lifecycle and LCOE variability.

✅ High capex and long timelines affect consumer electricity prices.

✅ Low emissions, but waste and safety compliance add costs.

 

Australian opposition leader Peter Dutton recently lauded Canada’s use of nuclear power as a model for Australia’s energy future. His praise comes as part of a broader push to incorporate nuclear energy into Australia’s energy strategy, which he argues could help address the country's energy needs and climate goals. However, the question arises: Is Ontario’s experience with nuclear power as cost-effective as Dutton suggests?

Dutton’s endorsement of Canada’s nuclear power strategy highlights a belief that nuclear energy could provide a stable, low-emission alternative to fossil fuels. He has pointed to Ontario’s substantial reliance on nuclear power, and the province’s exploration of new large-scale nuclear projects, as an example of how such an energy mix might benefit Australia. The province’s energy grid, which integrates a significant amount of nuclear power, is often cited as evidence that nuclear energy can be a viable component of a diversified energy portfolio.

The appeal of nuclear power lies in its ability to generate large amounts of electricity with minimal greenhouse gas emissions. This characteristic aligns with Australia’s climate goals, which emphasize reducing carbon emissions to combat climate change. Dutton’s advocacy for nuclear energy is based on the premise that it can offer a reliable and low-emission option compared to the fluctuating availability of renewable sources like wind and solar.

However, while Dutton’s enthusiasm for the Canadian model reflects its perceived successes, including recent concerns about Ontario’s grid getting dirtier amid supply changes, a closer look at Ontario’s nuclear energy costs raises questions about the financial feasibility of adopting a similar strategy in Australia. Despite the benefits of low emissions, the economic aspects of nuclear power remain complex and multifaceted.

In Ontario, the cost of nuclear power has been a topic of considerable debate. While the province benefits from a stable supply of electricity due to its nuclear plants, studies warn of a growing electricity supply gap in coming years. Ontario’s experience reveals that nuclear power involves significant capital expenditures, including the costs of building reactors, maintaining infrastructure, and ensuring safety standards. These expenses can be substantial and often translate into higher electricity prices for consumers.

The cost of maintaining existing nuclear reactors in Ontario has been a particular concern. Many of these reactors are aging and require costly upgrades and maintenance to continue operating safely and efficiently. These expenses can add to the overall cost of nuclear power, impacting the affordability of electricity for consumers.

Moreover, the development of new nuclear projects, as seen with Bruce C project exploration in Ontario, involves lengthy and expensive construction processes. Building new reactors can take over a decade and requires significant investment. The high initial costs associated with these projects can be a barrier to their economic viability, especially when compared to the rapidly decreasing costs of renewable energy technologies.

In contrast, the cost of renewable energy has been falling steadily, even as debates over nuclear power’s trajectory in Europe continue, making it a more attractive option for many jurisdictions. Solar and wind power, while variable and dependent on weather conditions, have seen dramatic reductions in installation and operational costs. These lower costs can make renewables more competitive compared to nuclear energy, particularly when considering the long-term financial implications.

Dutton’s praise for Ontario’s nuclear power model also overlooks some of the environmental and logistical challenges associated with nuclear energy. While nuclear power generates low emissions during operation, it produces radioactive waste that requires long-term storage solutions. The management of nuclear waste poses significant environmental and safety concerns, as well as additional costs for safe storage and disposal.

Additionally, the potential risks associated with nuclear power, including the possibility of accidents, contribute to the complexity of its adoption. The safety and environmental regulations surrounding nuclear energy are stringent and require continuous oversight, adding to the overall cost of maintaining nuclear facilities.

As Australia contemplates integrating nuclear power into its energy mix, it is crucial to weigh these financial and environmental considerations. While the Canadian model provides valuable insights, the unique context of Australia’s energy landscape, including its existing infrastructure, energy needs, and the costs of scrapping coal-fired electricity in comparable jurisdictions, must be taken into account.

In summary, while Peter Dutton’s endorsement of Canada’s nuclear power model reflects a belief in its potential benefits for Australia’s energy strategy, the cost-effectiveness of Ontario’s nuclear power experience is more nuanced than it may appear. The high capital and maintenance costs associated with nuclear energy, combined with the challenges of managing radioactive waste and ensuring safety, present significant considerations. As Australia evaluates its energy future, a comprehensive analysis of both the benefits and drawbacks of nuclear power will be essential to making informed decisions about its role in the country’s energy strategy.

 

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Washington County planning officials develop proposed recommendations for solar farms

Washington County solar farm incentives aim to steer projects to industrial sites with tax breaks, underground grid connections, decommissioning bonds, and wildlife corridors, balancing zoning, historic preservation, and Maryland renewable energy mandates.

 

Key Points

Policies steer solar to industrial sites with tax breaks, buried lines, and bonds, aligning with zoning and state goals.

✅ Tax breaks to favor rooftops and parking canopies

✅ Bury new grid lines to shift projects to industrial parks

✅ Require decommissioning bonds and wildlife corridors

 

Incentives for establishing solar farms at industrial spaces instead of on prime farmland are among the ideas the Washington County Planning Commission is recommending for the county to update its policies regarding solar farms.

Potential incentives would include tax breaks on solar equipment and requiring developers to put power-grid connections and line extensions underground, a move tied to grid upgrade cost debates in other regions, Planning Commission members said during a Monday meeting.

The tax break could make it more attractive for a developer to put a solar farm on a roof or over a parking lot, similar to California's building-solar requirement policies that favor rooftop generation, which could cost more than putting it on farmland, said Commission member Dave Kline, who works for FirstEnergy.

Requiring a company to bury new transmission lines could steer them to industrial or business parks where, theoretically, transmission lines are more readily available, Kline said Wednesday in a phone interview.

Chairman Clint Wiley suggested talking to industrial property owners to create a list of industrial sites that make sense for a solar site, which could generate extra income for the property owner.

Commission members also talked about requiring a wildlife corridor. Anne Arundel County requires such a corridor if a solar site is over 15 acres, according to Jill Baker, deputy director of planning and zoning. The solar site is broken into sections so animals such as deer can get through, she said.

However, that means the solar farm would take up more agricultural land, Commission member Jeremiah Weddle said. Weddle, a farmer, has repeatedly voiced concerns about solar farms using prime farmland.

County zoning law already states solar farms are prohibited in Rural Legacy Areas, Priority Preservation Areas, and within Antietam Overlay zones that preserve the Antietam National Battlefield viewshed. They also cannot be built on land with permanent preservation easements, Baker said.

However, a big reason county officials are looking to strengthen county policies for solar generating systems, or solar farms, is a recent court decision that ruled the Maryland Public Service Commission can preempt county zoning law when it comes to large solar farms.

County zoning law defines a solar energy generating system as a solar facility, with multiple solar arrays, tied into the power grid and whose primary purpose is to generate power to distribute and/or sell into the public utility grid rather than consuming that power on site.

The Maryland Court of Appeals ruled in July that the Public Service Commission can preempt local zoning regarding solar farms larger than 2 megawatts. But the ruling also stated local government is a "significant participant in the process" and the state commission must give "due consideration" to local zoning laws.

County officials are looking at recommendations for solar farms, whether they are over 2 megawatts or not.

Solar farms are a popular issue statewide, especially with Maryland solar subscriptions expanding, and were discussed at a recent Maryland Association of Counties meeting for planners, Planning and Zoning Director Stephen Goodrich said.

The thinking is the best way for counties to express their opinions about a solar project is to participate in the state commission's local public hearings, where issues like how solar owners are paid often arise, Goodrich said. Another popular idea is for the county to continue to follow its process, which requires a public hearing for a special exception to establish a solar farm. That will help the county form an opinion, on individual cases, to offer the state commission, he said.

Recommendations discussed by the Planning Commission include:

A break on personal property taxes, which is on equipment, including affordable battery storage that can firm output, to steer developers away from areas where the county doesn't want solar farms. The Board of County Commissioners have been split on tax-break agreements for solar farms, with a majority recently granting a few.

 

Protecting valuable historic sites.

Requiring a decommissioning bond for removing the equipment at the end of the solar farm's life. The bond is protection in case the company goes bankrupt. The county commissioners have been making such a bond a requirement when granting recent tax breaks.

Looking at allowing solar farms in stormwater-management areas.

Other counties, particularly in Western Maryland and on the Eastern Shore, are having issues with solar farms even as research to improve solar and wind advances, because land is cheaper and there are wide-open spaces, Goodrich said.

Many solar projects are being developed or proposed because state lawmakers passed legislation requiring 50% of electricity produced in the state to come from renewable sources by 2030, and a federal plan to expand solar is also shaping expectations. Of that 50%, 14.5% is to come from solar energy.

In Maryland, the average number of homes that can be powered by 1 megawatt of solar energy is about 110, according to the Solar Energy Industries Association's website.

 

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Ontario energy minister asks for early report exploring a halt to natural gas power generation

Ontario Natural Gas Moratorium gains momentum as IESO weighs energy storage, renewables, and demand management to meet rising electricity demand, ensure grid reliability, and advance zero-emissions goals while long-term capacity procurements proceed.

 

Key Points

A proposed halt on new gas plants as IESO assesses storage and renewables to maintain reliability and cut emissions.

✅ Minister seeks interim IESO report by Oct. 7

✅ Near-term contracts extend existing gas plants for reliability

✅ Long-term procurements emphasize storage, renewables, conservation

 

Ontario's energy minister says he doesn't think the province needs any more natural gas generation and has asked the electricity system regulator to speed up a report exploring a moratorium.

Todd Smith had previously asked the Independent Electricity System Operator (IESO) to report back by November on the feasibility of a moratorium and a plan to get to zero emissions in the electricity sector.

He has asked them today for an interim report by Oct. 7 so he can make a decision on a moratorium before the IESO secures contracts over the long term for new power generation.

"I've asked the IESO to speed up that report back to us so that we can get the information from them as to what the results would be for our grid here in Ontario and whether or not we actually need more natural gas," Smith said Tuesday after question period.

"I don't believe that we do."

Smith said that is because of the "huge success" of two updates provided Tuesday by the IESO to its attempts to secure more electricity supply for both the near term and long term. Demand is growing by nearly two per cent a year, while Ontario is set to lose a significant amount of nuclear generation, including the planned shutdown of the Pickering nuclear station over the next few years.

'For the near term, we need them,' regulator says
The regulator today released a list of 55 qualified proponents for those long-term bids and while it says there is a significant amount of proposed energy storage projects on that list, there are some new gas plants on it as well.

Chuck Farmer, the vice-president of planning, conservation and resource adequacy at the IESO, said it's hoped that the minister makes a decision on whether or not to issue a moratorium on new gas generation before the regulator proceeds with a request for proposals for long-term contracts.

The IESO also announced six new contracts — largely natural gas, with a small amount of wind power and storage — to start in the next few years. Farmer noted that these contracts were specifically for existing generators whose contracts were ending, while the province is exploring new nuclear plants for the longer term.

"When you look at the pool of generation resources that were in that situation, the reality is most of them were actually natural gas plants, and that we are relying on the continued use of the natural gas plants in the transition," he said in an interview. 

"So for the near term, we need them for the reliability of the system."

The upcoming request for proposals for more long-term contracts hopes to secure 3,500 megawatts of capacity, as Ontario faces an electricity shortfall in the coming years, and Farmer said the IESO plans to run a series of procurements over the next few years.

Opposition slams reliance on natural gas
The NDP and Greens on Tuesday criticized Ontario's reliance in the near term on natural gas because of its environmental implications.

The IESO has said that due to natural gas, greenhouse gas emissions from the electricity sector are set to increase for the next two decades, but by about 2038 it projects the net reductions from electric vehicles will offset electricity sector emissions.

Green Party Leader Mike Schreiner said it makes no sense to ramp up natural gas, both for the climate and for people's wallets.

"The cost of wind and solar power is much lower than gas," he said.

Ontario quietly revises its plan for hitting climate change targets
"We're in a now-or-never moment to address the climate crisis and the government is failing to meet this moment."

Interim NDP Leader Peter Tabuns said Ontario wouldn't be in as much of a supply crunch if the Progressive Conservative government hadn't cancelled 750 green energy contracts during their first term.

The Tories argued the province didn't need the power and the contracts were driving up costs for ratepayers, amid debate over whether greening the grid would be affordable.

The IESO said it is also proposing expanding conservation and demand management programs, as a "highly cost-effective" way to reduce strain on the system, though it couldn't say exactly what is on the table until the minister accepts the recommendation.

 

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Cheaper electricity rate for customers on First Nations not allowed, Manitoba appeal court rules

Manitoba Hydro Court Ruling affirms the Public Utilities Board exceeded its jurisdiction by ordering a First Nations rate class, overturning an electricity rates appeal tied to geography, poverty, and regulatory authority in Manitoba.

 

Key Points

A decision holding the PUB lacked authority to create a First Nations rate class, restoring uniform electricity pricing.

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

✅ Geography, not poverty, found decisive in unlawful rate class

 

Manitoba Hydro was wrongly forced to create a new rate class for electricity customers living on First Nations, the Manitoba Court of Appeal has ruled. 

The court decided the Public Utilities Board "exceeded its jurisdiction" by mandating Indigenous customers on First Nations could have a different electricity rate from other Manitobans. 

The board made the order in 2018, which exempted those customers from the general rate increase that year of 3.6 per cent.

"The directive constituted the creation and implementation of general social policy, an area outside of the PUB's jurisdiction and encroaching into areas that are better suited to the federal and provincial government," says the decision, which was released Tuesday.

Hydro's appeal of the PUB's decision went to court earlier this year.

At the time, the Crown corporation acknowledged many Indigenous people on First Nations live in poverty, but it argued the Public Utilities Board was overstepping its authority in trying to address the issue by creating a new rate class.

It also argued it was against provincial law to charge different rates in different areas of the province.

The PUB, however, insisted that legislation gives it the right to decide which factors are relevant when considering electricity prices, such as social issues. 

Special Manitoba Hydro rate class needed to offset challenges of living on First Nations, appeal court hears
Manitoba Hydro can appeal order to create special First Nation rate
The board had heard evidence that some customers were making "unacceptable" sacrifices to keep the lights on each month.

Decision 'heavy-handed': AMC
The Assembly of Manitoba Chiefs, an intervener in the appeal, had backed the utility board's position. It said on-reserve customers are disproportionately vulnerable to rate hikes over time.

Grand Chief Arlen Dumas said Wednesday he was surprised by the court's ruling. 

He argued Indigenous people are unduly excluded in the setting of electricity rates in Manitoba.

"I will be speaking with my federal and provincial counterparts on how we deal with this issue, because I think it's the wrong [decision]. It's heavy-handed and we need to address it."

The appeal court judges said there is past precedent for setting equal electricity rates, regardless of where customers live. Legislation to that effect was made in the early 2000s and a few years ago, the PUB recognized that geographical limitations should not be imposed on a class of customers.

Since the board's new order didn't extend the same savings to First Nations members who don't live on reserve but face similar financial circumstances, it is clear the deciding factor was geography, rather than poverty or treaty status, the judges said.

Manitoba Hydro temporarily cutting 200 jobs, many of them front-line workers
"In my view, the PUB erred in law when it created an on-reserve class based solely on a geographic region of the province in which customers are located," the decision read.

While Manitoba Hydro objected to the PUB's order in 2018, it still devoted money to create the new customer class.

Spokesperson Bruce Owen said the utility is still studying the impact of the court's decision, but it appreciates the ruling.  

"We all recognize that many people on First Nations have challenges, but our argument was solely on whether or not the PUB had the authority to create a special rate class based on where people live."

Owen added that Hydro recognizes electricity rates can be a hardship on individuals facing poverty. He said those considerations are part of the discussions the corporation has with the utilities board.

 

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