FERC's New Market-Based Rate Reforms Prevent Exercise Of Market Power

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The Federal Energy Regulatory Commission recently finalized a series of fundamental reforms to its market-based rate program that will strengthen competitive markets and protect consumers by reinforcing regulations for just and reasonable wholesale electric power sales.

The reforms are intended to protect consumers from an electric power sellerÂ’s exercise of market power.

“This new rule reflects the Commission’s fundamental responsibilities to strengthen wholesale power markets and protect consumers from exploitation in those markets,” Chairman Joseph T. Kelliher said. “These reforms reform and codify our existing standards to help protect customers and provide greater certainty to sellers seeking market-based rate authority.”

The new rule has five major elements:

• It collapses the Commission’s four-prong analysis for determining whether a wholesale seller of electric energy, capacity or ancillary services qualifies for market-based rate authority into a two-part test covering horizontal (generation) and vertical (transmission and other barriers to market entry) market power. Restrictions on affiliate abuse will be codified in regulations and must be satisfied as a condition of obtaining and retaining market-based rate authority.

• It eliminates what is known as the section 35.27 exemption for all generation built after July 9, 1996. The Commission was concerned that retaining the exemption could allow a seller to gain a dominant position in the market without being subject to any generation market power analysis. All sellers seeking market-based rate authority, or filing updated market power analyses, on or after the effective date of the rule must provide a horizontal market power analysis for the generation they own or control, including generation built after July 1996.

• It allows a seller to use the entire RTO/ISO geographic footprint as the default relevant geographic market if the RTO/ISO has sufficient market structure and a single energy market. But if the Commission determines there is a submarket within an RTO/ISO, the submarket becomes the default relevant geographic market.

• For sellers that do not demonstrate a lack of market power, it provides that the Commission will determine appropriate mitigation on a case-specific basis, including whether a “must offer” requirement is necessary to mitigate market power.

• Finally, it allows mitigated sellers to make market-based rate sales “to the border” if that seller commits that the power will leave home and not ricochet through an affiliate. The rule imposes a record retention requirement on mitigated sellers making such sales and required tariff language to allow for such sales.

The final rule divides market-based rate sellers into two categories for purposes of filing regularly scheduled updated market power analyses. Generally, Category 1 is for wholesale power marketers and power producers that own or control 500 MW or less of generation in aggregate per region, do not own other than minimal transmission facilities, and are not affiliated with any franchised utility in the region. They are exempt from filing updated market power analyses. Category 2 is for all other power sellers. They must continue filing their triennial studies under a new regional approach that separates the country into six geographic regions. Companies in two regions would file their studies with the Commission in any given year. Both Category 1 and 2 sellers must continue to file change in status reports.

The final rule does not adopt a proposal for a standardized market-based rate tariff, or require all sellers in a corporate family to be under the same tariff. Instead, the final rule outlines specific provisions that all sellers must have in their tariffs.

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NEW Hydro One shares down after Ontario government says CEO, board out

Hydro One Leadership Shakeup unsettles investors as Ontario government ousts CEO and board, pressuring shares; analysts cite political and regulatory risk, stock volatility, trimmed price targets, and dividend stability at the regulated utility.

 

Key Points

An abrupt CEO exit and board overhaul at Hydro One, driving share declines and raising political and regulatory risk.

✅ Shares fall as CEO retires and board resigns under provincial pressure.

✅ Analysts cut price targets; warn of political, regulatory risks.

✅ New board to pick CEO; province consults on compensation.

 

Hydro One Ltd. shares slid Thursday with some analysts sounding warnings of greater uncertainty after the new Ontario government announced the retirement of the electrical utility's chief executive and the replacement of its board of directors.

 After sagging by almost eight per cent in early trading on the Toronto Stock Exchange, following news that Q2 profit plunged 23% amid weaker electricity revenue, shares of the company were later down four per cent, or 81 cents, at $19.36 as of 11:42 a.m. ET.

On Wednesday, after stock markets had closed for the day, Ontario Premier Doug Ford announced the immediate retirement of Hydro One CEO Mayo Schmidt. He leaves with a $400,000 payout in lieu of post-retirement benefits and allowances, Hydro One said.

Doug Ford's government forces out Hydro One '$6-million man'

During the recent provincial election campaign, Ford vowed to fire Schmidt, who earned $6.2 million last year and whose salary wouldn't be reduced despite calls to cut electricity costs.

Paul Dobson, Hydro One's chief financial officer, will serve as acting CEO until a new top executive is selected.

Ford also said the entire board of directors of the utility would resign. Hydro One said a new board — four members of which will be nominated by the province — will select the company's next CEO, and the province will be consulted on the next leader's compensation.

A new board is expected to be formed by mid-August.

The provincial government is the largest single investor in Hydro One, holding a 47 per cent stake. The company was partly privatized by the former Liberal government in 2015, while the NDP has proposed to make hydro public again in Ontario to change course.

 

Doug Ford promises to keep Pickering nuclear plant open until 2024

In response to the government's move to supplant the utility's board and CEO, some analysts cautioned investors about too many unknowns in the near-term outlook, citing raised political or regulatory risks.

Analyst Jeremy Rosenfield of iA Securities cut his rating on Hydro One shares to hold from buy, and reduced his 12-month price target for the stock to $24 from $26.

Rosenfield said the stock is still a defensive investment supported by stable earnings and cash flows, good earnings growth and healthy dividend.

However, he said in a research note that "the heightened potential for further political interference in the province's electricity market and regulated utility framework represent key risk factors that are likely to outweigh Hydro One's fundamentals over the near term."

 

Potential challenge to find new CEO

Laurentian Bank Securities analyst Mona Nazir said in a research note that the magnitude of change all at once was "surprising but not shocking."

She said the agreement that will see Hydro One consult with the provincial government on matters involving executive pay could have an impact on the hiring of a new CEO for the utility.

"Given the government's open and public criticism of the company and a potential ceiling on compensation, it may be challenging to attract top talent to the position," she wrote.

Laurentian cut its rating on the Hydro One to hold and reduced its price target to $21 from $24.

Analysts at CIBC World Markets said investors face an uncertain future, noting parallels with debates at Manitoba Hydro over political direction.

"In particular, we are are concerned about the government meddling in with [power] rates," wrote Robert Catellier and Archit Kshetrapal in a research note, adding they believe the new provincial government is aiming for a 12 per cent reduction in customers' power bills.

CIBC reduced its price target on Hydro One's shares to $20.50 from its previous target of $24.

 

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Ontario Ministry of Energy proposes growing hydrogen economy through reduced electricity rates

Ontario Hydrogen Strategy accelerates green hydrogen via electrolysis, reduced electricity rates, and IESO pilots, leveraging ICI, interruptible rates, and surplus power to grow clean tech, low-carbon energy, and export markets across Ontario.

 

Key Points

A provincial plan to scale green hydrogen with electricity costs, IESO pilots, and surplus power to boost tech.

✅ Amends ICI to admit hydrogen producers from 50 kW demand

✅ Enables co-located electrolysers to use surplus curtailed power

✅ Offers interruptible rates via IESO pilot for flexible loads

 

The Ontario Ministry of Energy is seeking input on accelerating Ontario’s hydrogen economy. The province has been promoting growth in the clean tech sector, including low-carbon energy production and the Hydrogen Innovation Fund, as an avenue for post-COVID-19 economic recovery. Hydrogen produced through electrolysis (or “green hydrogen”) has been central to these efforts, complimenting both federal and provincial initiatives to create vibrant domestic and export markets for the energy as a principal alternative to conventional fossil fuels.

On April 14, 2022, the Ministry filed a proposal (the Proposal) on the Environmental Registry of Ontario (ERO) to gather input from stakeholders, aligning with the province’s industrial electricity pricing consultation underway. As part of Ontario’s Hydrogen Strategy, the Ministry is considering several options that would provide reduced electricity rates for green hydrogen producers to make production more economically competitive with other energies. To date, the relatively high production cost of green hydrogen has been a challenge facing its adoption, both domestically and internationally.

The Proposal features three options:

  • Amending the rules for the Industrial Conservation Initiative (ICI) applicable to hydrogen producers;
  • Enabling onsite hydrogen production using electricity that would otherwise be curtailed; and
  • Providing an interruptible electricity rate for hydrogen producers.

Option 1: Amending the ICI rules

Option 1 would amend the ICI rules to allow all hydrogen producers with an average monthly peak demand of 50kW to participate. Hydrogen producers’ facilities could qualify for ICI in the first year of operation with a peak demand factor determined based on a deemed consumption profile, using a method yet to be determined by the Ministry. At the end of the first year, their global adjustment (GA) charges would be reconciled based on their actual consumption pattern. As set out in our prior article, GA was introduced by the province in January 2005 to ensure reliable, sustainable and a diverse supply of power at stable and competitive prices, aligning with plans to rely on battery storage to meet rising energy demand. The Ministry’s current proposal would require hydrogen producers to place a security deposit for their facilities’ first year of operation with the Independent Electricity System Operator (IESO) or their Local Distribution Company (LDC) to ensure other consumer would not be adversely affected.

Option 2: Enable onsite hydrogen production using surplus electricity

Option 2 would allow businesses to co-locate hydrogen electrolysers at electricity generation facilities, drawing on recent electrolyzer investment trends, to make use of what would become curtailed generation. Under this option in the Proposal, the developer for the hydrogen production facility would be required to be a separate legal entity from the one that owns or operates the electricity generation facility. Based on this required level of independence, the hydrogen developer would be required to pay the electricity generator for the electricity supply.

At this stage, it is not clear whether, or how the generator would be required to share the revenue with other consumers. The next steps of the Proposal may require regulatory amendments, and/or amendments to electricity generator’s contracts, consistent with efforts enabling storage in Ontario's electricity system to integrate flexible resources.

Option 3: Interruptible electricity rates for hydrogen producers

In 2021, the Ministry posted a proposal on the ERO including an Interruptible Rate Pilot that was to be developed in conjunction with the IESO in order to address stakeholder feedback received during the 2019 Industrial Consultation specific to the challenges of identifying and responding to peak demand events while participating in the ICI. The pilot was targeted towards large electricity consumers, where participants were charged GA at a reduced rate in exchange for agreeing to reduce consumption during system or local reliability events, as identified by IESO.

Option 3 would allow for the introduction for a dedicated stream for hydrogen producers into the interruptible rate pilot, which is currently under development with the IESO. This would take into account the unique circumstances of hydrogen producers, as well as the importance of the hydrogen sector in Ontario’s Low-Carbon Hydrogen Strategy. Under the pilot, participants would be given advance notice by the IESO to reduce demand over a fixed number of hours, several times each year, and emerging vehicle-to-grid models where EV owners can sell electricity back to the grid highlight additional flexibility options. Ultimately, the pilot would support low-carbon hydrogen production by offering large electricity consumers, such as hydrogen producers, reduced electricity rates in exchange for reduces consumption during system or local reliability events.

Following this initial development work, the Ministry intends to consult with stakeholders later this year to determine design details, as well as the timing for the potential roll out of the proposed pilot.

Key takeaways

The design options are not meant to be mutually exclusive, and might be pursued by the Ministry in combination. Ultimately, Ontario is focusing on ways to reduce electricity rates in an attempt to make the province a leader in the adoption of green hydrogen, as made clear in the Ontario Hydrogen Strategy, even as an electricity supply crunch looms, underscoring the urgency. Stakeholders will want to participate in this process given its long-term implications for both the hydrogen and power sectors.

 

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'Transformative change': Wind-generated electricity starting to outpace coal in Alberta

Alberta wind power surpasses coal as AESO reports record renewable energy feeding the grid, with natural gas conversions, solar growth, energy storage, and decarbonization momentum lowering carbon intensity across Alberta's electricity system.

 

Key Points

AESO data shows wind surpassing coal in Alberta, driven by coal retirements, gas conversions, and growing renewables.

✅ AESO reports wind output above coal several times this week

✅ Coal units retire or convert to natural gas, boosting renewables

✅ Carbon intensity falls; storage and solar improve grid reliability

 

Marking a significant shift in Alberta energy history, wind generation trends provided more power to the province's energy grid than coal several times this week.

According to data from the Alberta Energy System Operator (AESO) released this week, wind generation units contributed more energy to the grid than coal at times for several days. On Friday afternoon, wind farms contributed more than 1,700 megawatts of power to the grid, compared to around 1,260 megawatts from coal stations.

"The grid is going through a period of transformative change when we look at the generation fleet, specifically as it relates to the coal assets in the province," Mike Deising, AESO spokesperson, told CTV News in an interview.

The shift in electricity generation comes as more coal plants come offline in Alberta, or transition to cleaner energy through natural gas generation, including the last of TransAlta's units at the Keephills Plant west of Edmonton.

Only three coal generation stations remain online in the province, at the Genesee plant southwest of Edmonton, as the coal phase-out timeline advances. Less available coal power, means renewable energy like wind and solar make up a greater portion of the grid.

 

EVOLUTION OF THE GRID
"Our grid is changing, and it's evolving," Deising said, adding that more units have converted to natural gas and companies are making significant investments into solar and wind energy.

For energy analyst Kevin Birn with IHS Markit, that trend is only going to continue.

"What we've seen for the last 24 to 36 months is a dramatic acceleration in ambition, policy, and projects globally around cleaner forms of energy or lower carbon forms of energy," Birn said.

Birn, who is also chief analyst of Canadian Oil Markets, added that not only has the public appetite for cleaner energy helped fuel the shift, but technological advancements have made renewables like wind and solar more cost-efficient.

"Alberta was traditionally heavily coal-reliant," he said. "(Now) western Canada has quite a diverse energy base."


LESS CARBON-INTENSIVE
According to Birn, the shift in energy production marks a significant reduction in carbon emissions as Alberta progresses toward its last coal plant closure milestone.

Ten years ago, IHS Markit estimates that Alberta's grid contributed about 900 kilograms of carbon dioxide equivalent per megawatt-hour of energy generation.

"That (figure is) really representing the dominance and role of coal in that grid," Birn said.

Current estimates show that figure is closer to 600 kilograms of CO2 equivalent.

"That means the power you and I are using is less carbon-intensive," Birn said, adding that figure will continue to fall over the next couple of years.


RENEWABLES HERE TO STAY
While many debate whether Alberta's energy is getting clean enough fast enough, Birn believes change is coming.

"It's been a half-decade of incredible price volatility in the oil market which had really dominated this sector and region," the analyst said.

"When I think of the future, I see the power sector building on large-scale renewables, which means decarbonization, and that provides an opportunity for those tech companies looking for clean energy places to land facilities."

Coal and natural gas are considered baseline assets by the AESO, where generation capacity does not shift dramatically, though some utilities report declining coal returns in other markets.

"Wind is a variable resource. It will generate when the wind is blowing, and it obviously won't when the wind is not," Deising said. "Wind and solar can ramp quickly, but they can drop off quite quickly, and we have to be prepared.

"We factor that into our daily planning and assessments," he added. "We follow those trends and know where the renewables are going to show up on the system, how many renewables are going to show up."

Deising says one wind plant in Alberta currently has an energy storage capacity to preserve renewably generated electricity during summer demand records and peak hours as needed. As the technology becomes more affordable, he expects more plants to follow suit.

"As a system operator, our job is to make sure as (the grid) is evolving we can continue to provide reliable power to Albertans at every moment every day," Deising said. "We just have to watch the system more carefully." 

 

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Hydro One extends ban on electricity disconnections until further notice

Hydro One Disconnection Ban Extension keeps Ontario electricity customers connected during COVID-19, extending the moratorium on power shutoffs and expanding financial relief programs amid ongoing pandemic restrictions and persistent hot weather across the province.

 

Key Points

An open-ended Ontario utility moratorium preventing residential power shutoffs and offering bill relief during COVID-19.

✅ No residential disconnections until further notice

✅ Extended bill assistance and flexible payment options

✅ Response to COVID-19 restrictions and extreme heat

 

Ontario's primary electricity provider says it's extending a ban on disconnecting homes from the power grid until further notice.

Hydro One first issued the ban towards the beginning of the province's COVID-19 outbreak, saying self-isolating customers needed to be able to rely on electricity while they were kept at home during the pandemic.

A spokesman for the utility says the ban was initially set to expire at the end of July, but has now been extended in a manner similar to winter disconnection bans without a fixed end-date.

Hydro One says the move is necessary given the ongoing restrictions posed by the pandemic, and notes it has supported provincial COVID-19 efforts in recent months, as well as persistent hot weather across much of the province.

It says it's also planning to extend a financial relief program to help customers struggling to pay their hydro bills, reflecting demand for more choice and flexibility among ratepayers.

The province also extended off-peak electricity rates to provide relief for families, small businesses and farms during this period.

 

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Australia to head huge electricity and internet project in PNG

Australia-PNG Infrastructure Rollout delivers electricity and broadband expansion across PNG, backed by New Zealand, the US, Japan, and South Korea, enhancing telecom capacity, digital connectivity, and regional development ahead of the APEC summit.

 

Key Points

A multi-billion-dollar plan to expand power and broadband in PNG, covering 70% of users with allied support.

✅ Delivers internet to 70% of PNG households and communities

✅ Expands electricity grid, boosting reliability and access

✅ Backed by NZ, US, Japan, and S. Korea; complements APEC investments

 

Australia will lead a new multi-billion-dollar electricity and internet rollout in Papua New Guinea, with the PM rules out taxpayer-funded power plants stance underscoring its approach to energy policy.

The Australian newspaper reported New Zealand, the US, Japan, whose utilities' offshore wind deal in the UK signaled expanding energy interests, and South Korea are supporting the project, which will be PNG's largest ever development investment.

The project will deliver internet to 70 percent of PNG and improve access to power, even as clean energy investment in developing nations has slipped sharply, according to a recent report.

Both China and the US are also expected to announce new investments in the region at the APEC summit this week, and recent China-Cambodia nuclear energy cooperation underscores those energy ties.

Beijing will announce new mining and energy investments in PNG, echoing projects such as the Chinese-built electricity poles plant in South Sudan, and two Confucius Insitutes to be housed at PNG universities.

 

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Hydro-Quebec begins talks for $185-billion strategy to wean the province off fossil fuels

Hydro-Québec $185-Billion Clean Energy Plan accelerates hydroelectric upgrades, wind power expansion, solar and battery storage, pumped storage, and 5,000 km transmission lines to decarbonize Quebec, boost grid resilience, and attract bond financing and Indigenous partnerships.

 

Key Points

Plan to grow renewables, harden the grid, and fund Quebec's decarbonization with major investments.

✅ $110B new generation, $50B grid resilience by 2035

✅ Triple wind, add solar, batteries, and pumped storage

✅ 5,000 km lines, bond financing, Indigenous partnerships

 

Hydro-Québec is in the preliminary stages of dialogue with various financiers and potential collaborators to strategize the implementation of a $185-billion initiative aimed at transitioning Quebec away from fossil fuel dependency.

As the leading hydroelectric power producer in Canada, Hydro-Québec is set to allocate up to $110 billion by 2035 towards the development of new clean energy facilities, building on its hydropower capacity expansion in recent years, with an additional $50 billion dedicated to enhancing the resilience of its power grid, as revealed in a strategy announced last November. The remainder of the projected expenditure will cover operational costs.

This ambitious initiative has garnered significant interest from the financial sector, with the province's recent electricity for industrial projects also drawing attention, as noted by CEO Michael Sabia during a conference call with journalists where the utility's annual financial outcomes were discussed. Sabia reported receiving various proposals to fund the initiative, though specific partners were not disclosed. He expressed confidence in securing the necessary capital for the project's success.

Sabia highlighted three immediate strategies to increase power output: identifying new sites for hydroelectric projects while upgrading turbines at existing facilities, such as the Carillon Generating Station upgrade now underway for enhanced efficiency, expanding wind energy production threefold, and promoting energy conservation among consumers to optimize current power usage.

Additionally, Hydro-Québec aims to augment its solar and battery energy production and is planning to establish a pumped-storage hydroelectric plant to support peak demand periods. The utility also intends to construct 5,000 kilometers of new transmission lines, address Quebec-to-U.S. transmission constraints where feasible, and is set to double its capital expenditure to $16 billion annually, a significant increase from the investment levels during the James Bay hydropower project construction in the 1970s and 1980s.

To fund part of this expansive plan, Hydro-Québec will continue to access the bond market, having issued $3.7 billion in notes to investors last year despite facing several operational hurdles due to adverse weather conditions.

For the year 2023, Hydro-Québec reported a net income of $3.3 billion, marking a 28% decrease from the previous year's record of $4.56 billion. Factors such as insufficient snow cover, reduced spring runoff, and higher temperatures resulted in lower water levels in reservoirs, leading to a reduction in power exports and a $547-million decrease in external market sales compared to the previous year.

The utility experienced its lowest export volume in a decade but managed to leverage hedging strategies to secure 10.3 cents per kWh for exported power to markets including New Brunswick via recent NB Power agreements that expand interprovincial deliveries, nearly twice the average market rate, through forward contracts that cover up to half of its export volume for about a year in advance.

The success of Sabia's plan will partly depend on the cooperation of First Nations communities, as the proposed infrastructure developments are likely to traverse their ancestral territories. Relationships with some communities are currently tense, exemplified by the Innu of Labrador's $4-billion lawsuit against Hydro-Québec for damages related to land flooding for reservoir construction, and broader regional tensions in Newfoundland and Labrador that persist in the power sector.

Sabia has committed to involving First Nations and Inuit communities as partners in clean energy ventures, offering them ongoing financial benefits rather than one-off settlements, a principle he refers to as "economic reconciliation."

Recently, the Quebec government reached an agreement with the Innu of Pessamit, pledging $45 million to support local community development. This agreement outlines solutions for managing a nearby hydropower reservoir, such as the La Romaine complex in the region, and includes commitments for wind energy development.

Sabia is optimistic about building stronger, more positive relationships with various Indigenous communities, anticipating significant progress in the coming months and viewing this year as a potential milestone in transforming these relationships for the better.

 

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