Utility sues railroad claiming monopoly abuse

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A Mississippi power company has sued Norfolk Southern Railway Company for millions of dollars, claiming the railroad uses a monopoly over coal deliveries to inflate costs.

Hattiesburg-based South Mississippi Electric Power Association SMEPA said Norfolk Southern is the only railroad company that delivers coal from the Appalachias to Plant Morrow, the utility's main electricity generating station located in Purvis, Miss.

The power company claims Norfolk Southern has used that control over coal delivery since 1978 to negotiate price increases of between 60 percent and 80 percent each time the companies' contracts face renewal. The latest contract expired December 31.

The power company also claims Norfolk Southern Railway racked up 130,000 tons of delivery shortfalls in 2010.

"Our rail costs have continued to rise significantly while the service we receive has steadily deteriorated," SMEPA spokesman Kurt Brautigam said in a statement. He added that, regrettably, the utility had no other recourse but to file litigation seeking relief from the "monopolistic abuse" it claims it is subjected to by Norfolk Southern.

SMEPA filed the suit December 29 in U.S. District Court in south Mississippi, but documents related to the case are sealed.

The court docket listed the lawsuit demand as $34 million. Brautigam, however, said the lawsuit seeks $17 million. Brautigan said he didn't know the reason for the discrepancy. The lawsuit was filed under seal and is not open to public viewing.

Rudy Husband, a spokesman for Virginia-based Norfolk, said the company doesn't comment on pending litigation.

The power company said that Norfolk wants a rate increase beginning in 2011 that will be four times higher than the amount the railroad charged under contract as recently as 2003. SMEPA said such a rate hike would be especially hard because it is a nonprofit company.

Brautigam said SMEPA also filed a complaint with the National Surface Transportation Board, saying it was "seeking relief from excessive and unreasonable future rates."

SMEPA provides wholesale power for eleven distribution cooperatives that provide electricity to 406,000 homes and businesses in 52 Mississippi counties.

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Advocates call for change after $2.9 million surplus revealed for BC Hydro fund

BC Hydro Customer Crisis Fund Surplus highlights unused grants, pilot program imbalance, and calls to reduce fees or expand eligibility. Ratepayers, regulators, and social agencies urge awareness, rebates, and aid for overdue electricity bills.

 

Key Points

A funding carryover from BC Hydro's crisis grants, sparking debate over fee reductions or more aid eligibility.

✅ $2.9M surplus from 25-cent monthly customer fee

✅ Only 2,250 grants issued; awareness and eligibility questioned

✅ Regulator may refund balance or adjust program design

 

BC Hydro is sitting on a surplus of about $2.9 million in its customer crisis fund, even as BC Hydro rates rise 3% across the province, leading to calls for the utility to reduce its take from the average customer or provide more money to those in need.

B.C. Liberal Energy Critic Greg Kyllo said if the imbalance continues in the year-old pilot program, amid a provincial rate freeze announced by the province, it’s time to cut the monthly 25 cent fee in half.

"If the grant requirement or the need in the province is going to remain where it is, they should look at rolling back the contribution level in the fund," he told CTV News Vancouver from Salmon Arm.

But social agencies who were part of the consultation around the fund in the beginning said it’s more likely that people in need don’t know about the fund and more time is necessary to get the word out.

"If they collect the money, then the program’s got to change to make sure more people are able to be helped," said Gudrun Langolf of the Council of Senior Citizens Organizations of BC.

The customer crisis fund was started in spring 2018 to give people short-term relief when they can’t pay their electricity bills, especially as a $2 monthly hike pressures household budgets. Customers can apply to get a grant of up to $500 to keep the lights on, and up to $600 if electricity heats their homes.

The public utility took in about 25 cents per customer per month which added up to a revenue of $4.5 million in the year since the program started, BC Hydro confirmed to CTV News.

But the agency only gave out 2,250 grants totalling $850,000.

Administration costs added up around $750,000 – leaving the $2.9 million remaining.

The news will come as a welcome relief to those who suddenly struggle to pay their hydro bills, particularly as Alberta ratepayers are on the hook under a utility deferral program elsewhere in Canada.

Some people who come into Disability Alliance B.C. are often anxious and emotional when they’re suddenly unable to pay their bills, said Shar Saremi, an advocate there.

"I’ve had people crying. I’ve had people who have experienced a loss in the family," she said. "A lot of the time people are stressed out, anxious, really upset. They are looking for assistance, and they aren’t sure what is available for them."

She said people are only eligible if their bills are under $1,000, which could be cutting out the people who are most in need. And because the program is in its first year, it could be undersubscribed, she said.

"A lot of people don’t know about the program, don’t know how to apply, or what kind of assistance is out there," Saremi said.

The fund was established thanks to an order from the B.C. Utilities Commission, the utilities regulator in the province.

The pilot program is going to be examined by the regulator at the end of its first year.

"Any remaining balance in the account at the end of the pilot would be returned to residential ratepayers," says a BCUC fact sheet, as BC Hydro rates are set to rise 3.75% over two years. The decision on exactly what to do with the money hasn’t yet been made.

In Manitoba, a similar program is by donation, and in Newfoundland and Labrador a lump-sum credit was offered to bill payers in a separate initiative. That program raised about $200,000 from customers and $60,000 in other income. It spent $199,000 on grants to applicants, but lost about $20,000 a year.

In Ontario, private utilities are expected to raise 0.12 per cent of their revenue, and Hydro One reconnections have highlighted the stakes for nonpayment there. Across the province, those utilities gave out about $7.3 million in grants. Any unused funds in one year are rolled over to the following year.

 

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Told "no" 37 times, this Indigenous-owned company brought electricity to James Bay anyway

Five Nations Energy Transmission Line connects remote First Nations to the Ontario power grid, delivering clean, reliable electricity to Western James Bay through Indigenous-owned transmission infrastructure, replacing diesel generators and enabling sustainable community growth.

 

Key Points

An Indigenous-owned grid link providing reliable power to Western James Bay First Nations, replacing polluting diesel.

✅ Built by five First Nations; fully Indigenous-owned utility

✅ 270 km line connecting remote James Bay communities

✅ Ended diesel dependence; enabled sustainable development

 

For the Indigenous communities along northern Ontario’s James Bay — the ones that have lived on and taken care of the lands as long as anyone can remember — the new millenium marked the start of a diesel-less future, even as Ontario’s electricity outlook raised concerns about getting dirtier in policy debates. 

While the southern part of the province took Ontario’s power grid for granted, despite lessons from Europe’s power crisis about reliability, the vast majority of these communities had never been plugged in. Their only source of power was a handful of very loud diesel-powered generators. Because of that, daily life in the Attawapiskat, Kashechewan and Fort Albany First Nations involved deliberating a series of tradeoffs. Could you listen to the radio while toasting a piece of bread? How many Christmas lights could you connect before nothing else was usable? Was there enough power to open a new school? 

The communities wanted a safe, reliable, clean alternative, with Manitoba’s clean energy illustrating regional potential, too. So did their chiefs, which is why they passed a resolution in 1996 to connect the area to Ontario’s grid, not just for basic necessities but to facilitate growth and development, and improve their communities’ quality of life. 

The idea was unthinkable at the time — scorned and dismissed by those who held the keys to Ontario’s (electrical) power, much like independent power projects can be in other jurisdictions. Even some in the community didn’t fully understand it. When the idea was first proposed at a gathering of Nishnawbe Aski Nation, which represents 49 First Nations, one attendee said the only way he could picture the connection was as “a little extension cord running through the bush from Moosonee.” 

But the leadership of Attawapiskat, Kashechewan and Fort Albany First Nations had been dreaming and planning. In 1997, along with members of Taykwa Tagamou and Moose Cree First Nations, they created the first, and thus far only, fully Indigenous-owned energy company in Canada: Five Nations Energy Inc., as partnerships like an OPG First Nation hydro project would later show in action, too. 

Over the next five years, the organization built Omushkego Ishkotayo, the Cree name for the Western James Bay transmission line: “Omushkego” refers to the Swampy Cree people, and “Ishkotayo” to hydroelectric power, while other regions were commissioning new BC generating stations in parallel. The 270-kilometre-long transmission line is in one of the most isolated regions of Ontario, one that can only be accessed by plane, except for a few months in winter when ice roads are strong enough to drive on. The project went online in 2001, bringing reliable power to over 7,000 people who were previously underserved by the province’s energy providers. It also, somewhat controversially, enabled Ontario’s first diamond mine in Attawapiskat territory.

The future the First Nations created 25 years ago is blissfully quiet, now that the diesel generators are shut off. “When the power went on, you could hear the birds,” Patrick Chilton, the CEO of Five Nations Energy, said with a smile. “Our communities were glowing.”

Power, politics and money: Five Nations Energy needed government, banks and builders on board
Chilton took over in 2013 after the former CEO, his brother Ed, passed away. “This was all his idea,” Chilton told The Narwhal in a conversation over Zoom from his office in Timmins, Ont. The company’s story has never been told before in full, he said, because he felt “vulnerable” to the forces that fought against Omushkego Ishkotayo or didn’t understand it, a dynamic underscored by Canada’s looming power problem reporting in recent years. 

The success of Five Nations Energy is a tale of unwavering determination and imagination, Chilton said, and it started with his older brother. “Ed was the first person who believed a transmission line was possible,” he said.

In a Timmins Daily Press death notice published July 2, 2013, Ed Chilton is described as having “a quiet but profound impact on the establishment of agreements and enterprises benefitting First Nations peoples and their lands.” Chilton doesn’t describe him that way, exactly. 

“If you knew my brother, he was very stubborn,” he said. A certified engineering technologist, Ed was a visionary whose whole life was defined by the transmission line. He was the first to approach the chiefs with the idea, the first to reach out to energy companies and government officials and the one who persuaded thousands of people in remote, underserved communities that it was possible to bring power to their region.

After that 1996 meeting of Nishnawbe Aski Nation, there came a four-year-long effort to convince the rest of Ontario, and the country, the project was possible and financially viable. The chiefs of the five First Nations took their idea to the halls of power: Queen’s Park, Parliament Hill and the provincial power distributor Hydro One (then Ontario Hydro). 

“All of them said no,” Chilton said. “They saw it as near to impossible — the idea that you could build a transmission line in the ‘swamp,’ as they called it.” The Five Nations Energy team kept a document at the time tracking how many times they heard no; it topped out at 37. 

One of the worst times was in 1998, at a meeting on the 19th floor of the Ontario Hydro building in the heart of downtown Toronto. There, despite all their preparation and planning, a senior member of the Ontario Hydro team told Chilton, Martin and other chiefs “you’ll build that line over my dead body,” Chilton recalled. 

At the time, Chilton said, Ontario Hydro was refusing to cooperate: unwilling to let go of its monopoly over transmission lines, but also saying it was unable to connect new houses in the First Nations to diesel generators it said were at maximum capacity. (Ontario Hydro no longer exists; Hydro One declined to comment.)

“There’s always naysayers no matter what you’re doing,” Martin said. “What we were doing had never been done before. So of course people were telling us how we had never managed something of this size or a budget of this size.” 

“[Our people] basically told them to blow it up your ass. We can do it,” Chilton said.

So the chiefs of the five nations did something they’d never done before: they went to all of the big banks and many, many charitable foundations trying to get the money, a big ask for a project of this scale, in this location. Without outside support, their pitch was that they’d build it themselves.

This was the hardest part of the process, said Lawrence Martin, the former Grand Chief of Mushkegowuk Tribal Council and a member of the Five Nations Energy board. “We didn’t know how to finance something like this, to get loans,” he told The Narwhal. “That was the toughest task for all of us to achieve.”

Eventually, they got nearly $50 million in funding from a series of financial organizations including the Bank of Montreal, Pacific and Western Capital, the Northern Ontario Heritage Fund Corporation (an Ontario government agency) and the engineering and construction company SNC Lavalin, which did an assessment of the area and deemed the project viable. 

And in 1999, Ed Chilton, other members of the Chilton family and the chiefs were able to secure an agreement with Ontario Hydro that would allow them to buy electricity from the province and sell it to their communities. 

 

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UK Anticipates a 16% Decrease in Energy Bills in April

UK Energy Price Cap Cut 2024 signals relief as wholesale gas prices fall; Ofgem price cap drops per Cornwall Insight, aided by LNG supply, mild winter, despite Red Sea tensions and Ukraine conflict impacts.

 

Key Points

A forecast cut to Great Britain's Ofgem price cap as wholesale gas falls, easing typical annual household bills in 2024.

✅ Cap falls from £1,928 to £1,620 in April 2024

✅ Forecast £1,497 in July, then about £1,541 from October

✅ Drivers: lower wholesale gas, LNG supply, mild winter

 

Households in Great Britain are set to experience a significant reduction in energy costs this spring, with bills projected to drop by over £300 annually. This decrease is primarily due to a decline in wholesale gas prices, offering some respite to those grappling with the cost of living crisis.

Cornwall Insight, a well-regarded industry analyst, predicts a 16% reduction in average bills from the previous quarter, potentially reaching the lowest levels since the onset of the Ukraine conflict.

The industry’s price cap, indicative of the average annual bill for a typical household, is expected to decrease from the current £1,928, set earlier this month, to £1,620 in April – a reduction of £308 and £40 less than previously forecasted in December, as ministers consider ending the gas-electricity price link to improve market resilience.

Concerns about escalating tensions in the Red Sea, where Houthi rebels have disrupted global shipping, initially led analysts to fear an increase in wholesale oil prices and subsequent impact on household energy costs.

Contrary to these concerns, oil prices have remained relatively stable, and European gas reserves have been higher than anticipated during a mild winter, with European gas prices returning to pre-Ukraine war levels since November.

Cornwall Insight anticipates that energy prices will continue to be comparatively low through 2024. They predict a further decline to £1,497 for a typical annual bill from July, followed by a slight increase to £1,541 starting in October.

This forecast is a welcome development for Britons who have been dealing with increased expenses across various sectors, from food to utilities, amidst persistently high inflation rates, with energy-driven EU inflation hitting lower-income households hardest across member states.

Energy bills saw a steep rise in 2021, which escalated further due to the Ukraine conflict in 2022, driving up wholesale gas prices. This surge prompted government intervention to subsidize bills, with the UK price cap estimated to cost around £89bn to the public purse, capping costs to a typical household at £2,500.

Cornwall Insight noted that the supply of liquified natural gas to Europe had not been as adversely affected by the Red Sea disruptions as initially feared. Moreover, the UK has been well-supplied with gas from the US, which has become a more significant supplier since the Ukraine war, even as US electricity prices have risen to multi-decade highs. Contributing factors also include lower gas prices in Asia, mild weather, and robust gas availability.

Craig Lowrey, a principal consultant at Cornwall Insight, remarked that concerns about Red Sea events driving up energy prices have not materialized, allowing households to expect a reduction in prices.

On Monday, the next-month wholesale gas price dropped by 4% to 65p a therm.

However, Lowrey cautioned that a complete return to pre-crisis energy bill levels remains unlikely due to ongoing market impacts from shifting away from Russian energy sources and persistent geopolitical tensions, as well as policy changes such as Britain’s Energy Security Bill shaping market reforms.

Richard Neudegg, director of regulation at Uswitch, welcomed the potential further reduction of the price cap in April. However, he pointed out that this offers little solace to households currently struggling with high winter energy costs during the winter. Neudegg urged Ofgem, the energy regulator, to prompt suppliers to reintroduce more competitive and affordable fixed-price deals.

 

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Nova Scotia can't order electric utility to lower power rates, minister says

Nova Scotia Power Rate Regulation explains how the privately owned utility is governed by the Utility Review Board, limiting government authority, while COVID-19 relief measures include suspended disconnections, waived fees, payment plans, and emergency assistance.

 

Key Points

URB oversight where the board, not the province, sets power rates, with COVID-19 relief pausing disconnections and fees.

✅ Province lacks authority to order rate cuts

✅ URB regulates Nova Scotia Power rates

✅ Relief: no disconnections, waived fees, payment plans

 

The province can't ask Nova Scotia Power to lower its rates to ease the financial pressure on out-of-work residents because it lacks the authority to take that kind of action, even as the Nova Scotia regulator approved a 14% hike in a separate proceeding, the provincial energy minister said Thursday.

Derek Mombourquette said he is in "constant contact" with the privately owned utility.

"The conversations are ongoing with Nova Scotia Power," he said after a cabinet meeting.

When asked if the Liberal government would order the utility to lower electricity rates as households and businesses struggle with the financial fallout from the COVID-19 pandemic, Mombourquette said there was nothing he could do.

"We don't have the regulatory authority as a government to reduce the rates," he told reporters during a conference call.

"They're independent, and they are regulated through the (Nova Scotia Utility Review Board). My conversations with Nova Scotia Power essentially have been to do whatever they can to support Nova Scotians, whether it's residents or businesses in this very difficult time."

Asked if the board would take action, the minister said: "I'm not aware of that," despite the premier's appeals to regulators in separate rate cases.

However, the minister noted that the utility, owned by Emera Inc., has suspended disconnections for bill non-payment for at least 90 days, a step similar to reconnection efforts by Hydro One announced in Ontario.

It has also relaxed payment timelines and waived penalties and fees, while some jurisdictions offered lump-sum credits to help with bills.

Nova Scotia Power CEO Wayne O'Connor has also said the company is making additional donations to a fund available to help low-income individuals and families pay their energy bills.

In late March, Ontario cut electricity rates for residential consumers, farms and small businesses in response to a surge in people forced to work from home as a result of the pandemic, alongside bill support measures for ratepayers.

Premier Doug Ford said there would be a 45-day switch to off-peak rates, later moving to a recovery rate framework, which meant electricity consumers would be paying the lowest rate possible at any time of day.

The change was expected to cost the province about $162 million.

 

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Opinion: Fossil-fuel workers ready to support energy transition

Canada Net-Zero Transition unites energy workers, R&D, and clean tech to decarbonize steel and cement with hydrogen, scale renewables, and build hybrid storage, delivering a just transition that strengthens communities and the economy.

 

Key Points

A national plan to reach net-zero by 2050 via renewables, hydrogen, decarbonization, and a just transition for workers.

✅ Hydrogen for steel and cement decarbonization

✅ Hybrid energy storage and clean tech R&D

✅ Just transition pathways for energy workers

 

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us, despite nationwide progress in electricity decarbonization efforts.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia where bridging the electricity gap could strengthen cooperation. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems and decarbonizing Canada's electricity grid strategies — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action, including cleaning up Canada's electricity to meet climate pledges, to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise, underscoring that Canada will need more electricity to hit net-zero, according to the IEA. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, as calls for a fully renewable electricity grid by 2030 gain attention, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

 

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Canadian Manufacturers and Exporters Congratulates the Ontario Government for Taking Steps to Reduce Electricity Prices

Ontario Global Adjustment Deferral offers COVID-19 electricity bill relief to industrial and commercial consumers not on the RPP, aligning GA to March levels for Class A and Class B manufacturers to improve cash flow.

 

Key Points

A temporary GA deferral easing electricity costs for Ontario industrial and commercial users not on the RPP.

✅ Sets Class B GA at $115/MWh; Class A gets equal percentage cut.

✅ Applies April-June 2020; automatic bill adjustments and credits.

✅ Deferred charges repaid over 12 months starting January 2021.

 

Manufacturers welcome the Government of Ontario's decision to defer a portion of Global Adjustment (GA) charges as part of support for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan.

"Manufacturers are pleased the government listened to Canadian Manufacturers & Exporters (CME) member recommendations and is taking action to reduce Ontario electricity bills immediately," said Dennis Darby, President & CEO of CME.

"The majority of manufacturers have identified cash flow as their top concern during the crisis, "added Darby. "The GA system would have caused a nearly $2 billion cost surge to Ontario manufacturers this year. This new initiative by the government is on top of the billions in support already provided to help manufacturers weather this unprecedented storm, while other provinces accelerate British Columbia's clean energy shift to drive long-term competitiveness. All these measures are a great start in helping businesses of all sizes stay afloat during the crisis and, keeping Ontarians employed."

"We call on the Ontario government to continue to consider the impact of electricity costs on the manufacturing sector, even after the COVID-19 crisis is resolved," stated Darby. "High prices are putting Ontario manufacturers at a significant competitive disadvantage and, discourages investments." A recent report from London Economics International (LEI) found that when compared to jurisdictions with similar manufacturing industries, Ontario's electricity prices can be up to 75% more expensive, underscoring the importance of planning for Toronto's growing electricity needs to maintain affordability.

To provide companies with temporary immediate relief on their electricity bills, the Ontario government is deferring a portion of Global Adjustment (GA) charges for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan (RPP), starting from April 2020, as some regions saw reduced electricity demand from widespread remote work during the pandemic. The GA rate for smaller industrial and commercial consumers (i.e., Class B) has been set at $115 per megawatt-hour, which is roughly in line with the March 2020 value. Large industrial and commercial consumers (i.e., Class A) will receive the same percentage reduction in GA charges as Class B consumers.

The Ontario government intends to keep this relief in place through the end of June 2020, alongside investments like smart grid technology in Sault Ste. Marie to support reliability, subject to necessary extensions and approvals to implement this initiative.

Industrial and commercial electricity consumers will automatically see this relief reflected on their bills. Consumers who have already received their April bill should see an adjustment on a future bill.

Related initiatives include developing cyber standards for electricity sector IoT devices to strengthen system security.

The government intends to bring forward subsequent amendments that would, if approved, recover the deferred GA charges (excluding interest) from industrial and commercial electricity consumers, as Toronto prepares for a surge in electricity demand amid continued growth, over a 12-month period beginning in January 2021.

 

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