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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No public details for Newfoundland electricity rate mitigation talks

Muskrat Falls rate mitigation progresses as Newfoundland and Labrador and Ottawa align under the updated Atlantic Accord, targeting affordable electricity rates through federal involvement, PUB input, and potential financing solutions with Nalcor, Emera, and lenders.

 

Key Points

An initiative by NL and Ottawa to keep electricity rates affordable via federal support, PUB input, and financing options.

✅ Federal-provincial talks under the updated Atlantic Accord

✅ PUB process integrated for independent oversight

✅ Possible roles for Nalcor, Emera, and project lenders

 

At the announcement of an updated Atlantic Accord between the provincial and federal governments, Newfoundland and Larbrador Premier Dwight Ball gave notice federal Finance Minister Bill Morneau will be in St. John’s to talk about the cost of Muskrat Falls and how Labrador power flows through Quebec to market.

“We look forward to welcoming Minister Morneau and his team to advance discussions on federal financing and rate mitigation,” read a statement from the premier’s office Tuesday, in response to questions about that coming meeting and federal-provincial work on rate mitigation.

At the announcement, Ball specifically said the plan is to “finalize federal involvement for making sure electricity rates remain affordable,” such as shielding ratepayers from overruns through federal-provincial measures, with Ball and MP Seamus O’Regan trumpeting the provincial-federal relationship.

The provincial and federal governments are not the only two parties involved in provincial power rates and handling of Muskrat Falls, even as electricity users have started paying for the project across Newfoundland and Labrador, but The Telegram is told details of meetings on rate mitigation are not being released, down to the list of attendees.

The premier’s office was asked specifically about the involvement of Nalcor Energy, including a recent financial update during the pandemic, Emera, Goldman, TD or any others involved in project financing. The response was that the plan is not to indicate what is being explored and who might be involved, until there is something more concrete to speak about.

The government’s plan is to have something to feed into the ongoing work of the Public Utilities Board, to develop a more complete response for rate mitigation, including lump-sum credits on electricity bills and other tools, for the PUB’s final report, due in 2020, even as regulators in Nova Scotia weigh a 14% rate hike in a separate proceeding.

 

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Relief for power bills in B.C. offered to only part of province

BC Hydro COVID-19 Relief offers electricity bill credits for laid-off workers and small business support, announced by Premier John Horgan, while FortisBC customers face deferrals and billing arrangements across Kelowna, Okanagan, and West Kootenay.

 

Key Points

BC Hydro COVID-19 Relief gives bill credits to laid-off residents; FortisBC offers deferrals and payment plans.

✅ Credit equals 3x average monthly bill for laid-off BC Hydro users

✅ Small businesses on BC Hydro get three months bill forgiveness

✅ FortisBC waives late fees, no disconnections, offers deferrals

 

On April 1, B.C. Premier John Horgan announced relief for BC Hydro customers who are facing bills after being laid-off during the economic shutdown due to the COVID-19 epidemic, while the utility also explores time-of-use rates to manage demand.

“Giving people relief on their power bills lets them focus on the essentials, while helping businesses and encouraging critical industry to keep operating,” he said.

BC Hydro residential customers in the province who have been laid off due to the pandemic will see a credit for three times their average monthly bill and, similar to Ontario's pandemic relief fund, small businesses forced to close will have power bills forgiven for three months.

But a large region of the province which gets its power from FortisBC will not have the same bail out.

FortisBC is the electricity provider to the tens of thousands who live and work in the Silmikameen Valley on Highway 3, the city of Kelowna, the Okanagan Valley south from Penticton, the Boundary region along the U.S. border. as well as West Kootenay communities.

“We want to make sure our customers are not worried about their FortisBC bill,” spokesperson Nicole Brown said.

FortisBC customers will still be on the hook for bills despite measures being taken to keep the lights on, even as winter disconnection pressures have been reported elsewhere.

Recent storm response by BC Hydro also highlights how crews have kept electricity service reliable during recent atypical events.

“We’ve adjusted our billing practices so we can do more,” she said. “We’ve discontinued our late fees for the time being and no customer will be disconnected for any financial reason.”

Brown said they will work one-on-one with customers to help find a billing arrangement that best suits their needs, aligning with disconnection moratoriums seen in other jurisdictions.

Those arrangement, she said, could include a “deferral, an equal payment plan or other billing options,” similar to FortisAlberta's precautions announced in Alberta.

Global News inquired with the Premier’s office why FortisBC customers were left out of Wednesday’s announcement and were deferred to the Ministry of Energy, Mines and Petroleum Resources.

The Ministry referred us back to FortisBC on the issue and offered no other comment, even as peak rates for self-isolating customers remained unchanged in parts of Ontario.

“We’re examining all options of how we can further help our customers and look forward to learning more about the program that BC Hydro is offering,” Brown said.

Disappointed FortisBC customers took to social media to vent about the disparity.

 

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Germany's Energy Crisis Deepens as Local Utilities Cry for Help

Germany energy liquidity crisis is straining municipal utilities as gas and power prices surge, margin calls rise, and Russian supply cuts bite, forcing state support, interventions, and emergency financing to stabilize households and businesses.

 

Key Points

A cash squeeze on German municipal utilities as soaring gas and power prices trigger margin calls and funding gaps.

✅ Margin calls and spot-market purchases strain cash flow

✅ State liquidity lines and EU collateral support proposed

✅ Gazprom cuts, Uniper distress heighten default risks

 

Germany’s fears that soaring power prices and gas prices could trigger a deeper crisis is starting to get real. 

Several hundred local utilities are coming under strain and need support, according to the head of Germany’s largest energy lobby group. The companies, generally owned by municipalities, supply households and small businesses directly and are a key part of the country’s power and gas network.

“The next step from the government and federal states must be to secure liquidity for these municipal companies,” Kerstin Andreae, chairwoman of the German Association of Energy and Water Industries, told Bloomberg in Berlin. “Prices are rising, and they have no more money to pay the suppliers. This is a big problem.”

Germany’s energy crunch intensified over the weekend after Russia’s Gazprom PJSC halted its key gas pipeline indefinitely, a stark wake-up call for policymakers to reduce fossil fuel dependence. European energy prices have surged again amid concerns over shortages this winter and fears of a worst-case energy scenario across the bloc. 

Many utilities are running into financial issues as they’re forced to cover missing Russian deliveries with expensive supplies on the spot market. German energy giant Uniper SE, which supplies local utilities, warned it will likely burn through a 7 billion-euro ($7 billion) government safety net and will need more help already this month.

Some German local utilities have already sought help, according to a government official, who asked not to be identified in line with briefing rules.  

With Europe’s largest economy already bracing for recession, Chancellor Olaf Scholz’s administration is battling on several fronts, testing the government’s financial capacity. The ruling coalition agreed Sunday on a relief plan worth about 65 billion euros -- part of an emerging energy shield package to contain the fallout of surging costs for households and businesses. 

Starting in October, local utilities will have to pay a levy for the gas acquired, which will further increase their financial burden, Andreae said.

Margin Calls
European gas prices are more than four times higher than usual for this time of year, underscoring why rolling back electricity prices is tougher than it appears for policymakers, as Russia cuts supplies in retaliation for sanctions related to its invasion of Ukraine. When prices peak, energy companies have to pay margin calls, extra collateral required to back their trades.

Read more: Energy Trade Risks Collapsing Over Margin Calls of $1.5 Trillion

The problem has hit local utilities in other countries as well. In Austria, the government approved a 2 billion-euro loan for Vienna’s municipal utility last month. 

The European Union is also planning help, floating gas price cap strategies among other tools. The bloc’s emergency measures will include support for electricity producers struggling to find enough cash to guarantee trades, according to European Commission President Ursula von der Leyen.

The situation has worsened in Germany as some of the country’s big gas importers are reluctant to sell more supplies to some of municipal companies amid fears they could default on payments, Andreae said. 

 

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How Energy Use Has Evolved Throughout U.S. History

U.S. Energy Transition traces the shift from coal and oil to natural gas, nuclear power, and renewables like wind and solar, driven by efficiency, grid modernization, climate goals, and economic innovation.

 

Key Points

The U.S. Energy Transition is the shift from fossil fuels to cleaner power, driven by tech, policy, and markets.

✅ Shift from coal and oil to gas, nuclear, wind, and solar

✅ Enabled by grid modernization, storage, and efficiency

✅ Aims to cut emissions while ensuring reliability and affordability

 

The evolution of energy use in the United States is a dynamic narrative that reflects technological advancements, economic shifts, environmental awareness, and societal changes over time. From the nation's early reliance on wood and coal to the modern era dominated by oil, natural gas, and renewable sources, the story of energy consumption in the U.S. is a testament to innovation and adaptation.

Early Energy Sources: Wood and Coal

In the early days of U.S. history, energy needs were primarily met through renewable resources such as wood for heating and cooking. As industrialization took hold in the 19th century, coal emerged as a dominant energy source, fueling steam engines and powering factories, railways, and urban growth. The widespread availability of coal spurred economic development and shaped the nation's infrastructure.

The Rise of Petroleum and Natural Gas

The discovery and commercialization of petroleum in the late 19th century transformed the energy landscape once again. Oil quickly became a cornerstone of the U.S. economy, powering transportation, industry, and residential heating, and informing debates about U.S. energy security in policy circles. Concurrently, natural gas emerged as a significant energy source, particularly for heating and electricity generation, as pipelines expanded across the country.

Electricity Revolution

The 20th century witnessed a revolution in electricity generation and consumption, and understanding where electricity comes from helps contextualize how systems evolved. The development of hydroelectric power, spurred by projects like the Hoover Dam and Tennessee Valley Authority, provided clean and renewable energy to millions of Americans. The widespread electrification of rural areas and the proliferation of appliances in homes and businesses transformed daily life and spurred economic growth.

Nuclear Power and Energy Diversification

In the mid-20th century, nuclear power emerged as a promising alternative to fossil fuels, promising abundant energy with minimal greenhouse gas emissions. Despite concerns about safety and waste disposal, nuclear power plants became a significant part of the U.S. energy mix, providing a stable base load of electricity, even as the aging U.S. power grid complicates integration of variable renewables.

Renewable Energy Revolution

In recent decades, the U.S. has seen a growing emphasis on renewable energy sources such as wind, solar, and geothermal power, yet market shocks and high fuel prices alone have not guaranteed a rapid green revolution, prompting broader policy and investment responses. Advances in technology, declining costs, and environmental concerns have driven investments in clean energy infrastructure and policies promoting renewable energy adoption. States like California and Texas lead the nation in wind and solar energy production, demonstrating the feasibility and benefits of transitioning to sustainable energy sources.

Energy Efficiency and Conservation

Alongside shifts in energy sources, improvements in energy efficiency and conservation have played a crucial role in reducing per capita energy consumption and greenhouse gas emissions. Energy-efficient appliances, building codes, and transportation innovations have helped mitigate the environmental impact of energy use while reducing costs for consumers and businesses, and weather and economic factors also influence demand; for example, U.S. power demand fell in 2023 on milder weather, underscoring the interplay between efficiency and usage.

Challenges and Opportunities

Looking ahead, the U.S. faces both challenges and opportunities in its energy future, as recent energy crisis effects ripple across electricity, gas, and EVs alike. Addressing climate change requires further investments in renewable energy, grid modernization, and energy storage technologies. Balancing energy security, affordability, and environmental sustainability remains a complex task that requires collaboration between government, industry, and society.

Conclusion

The evolution of energy use throughout U.S. history reflects a continuous quest for innovation, economic growth, and environmental stewardship. From wood and coal to nuclear power and renewables, each era has brought new challenges and opportunities in meeting the nation's energy needs. As the U.S. transitions towards a cleaner and more sustainable energy future, leveraging technological advancements and embracing policy solutions, amid debates over U.S. energy dominance, will be essential in shaping the next chapter of America's energy story.

 

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Europe's stunted hydro & nuclear output may hobble recovery drive

Europe 2023 Energy Shortfall underscores how weak hydro and nuclear offset record solar and wind, tightening grids as natural gas supplies shrink and demand rebounds, heightening risks of electricity shortages across key economies.

 

Key Points

A regional gap as weak hydro and nuclear offset record solar and wind, straining supply as gas stays tight.

✅ Hydro and nuclear output fell sharply in early 2023

✅ Record solar and wind could not offset the deficit

✅ Industrial demand rebound pressures limited gas supplies

 

Shortfalls in Europe's hydro and nuclear output have more than offset record electricity generation from wind and solar power sites over the first quarter of 2023, leaving the region vulnerable to acute energy shortages for the second straight year.

European countries fast-tracked renewable energy capacity development in 2022 in the wake of Russia's invasion of Ukraine last February, which upended natural gas flows to the region and sent power prices soaring.

Europe lifted renewable energy supply capacity by a record 57,290 megawatts in 2022, or by nearly 9%, according to the International Energy Agency (IRENA), amid a scramble to replace imported Russian gas with cleaner, home-grown energy.

However, steep drops in both hydro and nuclear output - two key sources of non-emitting energy - mean Europe's power producers have limited ways to lift overall electricity generation, as the region is losing nuclear power at a critical moment, just as the region's economies start to reboot after last year's energy shock.

POWER PLATEAU
Europe's total electricity generation over the first quarter of 2023 hit 1,213 terawatt hours, or roughly 6.4% less than during the same period in 2022, according to data from think tank Ember.

At the same time, European power hits records during extreme heat as plants struggle to cool, exacerbating supply risks.

As Europe's total electricity demand levels were in post-COVID-19 expansion mode in early 2022 before Russia's so-called special operation sent power costs to record highs amid debates over how electricity is priced in Europe, it makes sense that overall electricity use was comparatively stunted in early 2023.

However, efforts are now underway to revive activity at scores of European factories, industrial plants and production lines that were shuttered or curtailed in 2022, so Europe's collective electricity consumption totals are set to trend steadily higher over the remainder of 2023.

With Russian natural gas unavailable in the previous quantities due to sanctions and supply issues, Europe's power producers will need to deploy alternative energy sources, including renewables poised to eclipse coal globally, to feed that increase in power demand.

And following the large jump in renewable capacity brought online in 2022, utilities can deploy more low-emissions energy than ever before across Europe's electricity grids.

 

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Alberta ratepayers on the hook for unpaid gas and electricity bills from utility deferral program

Alberta Utility Rate Rider will add a modest fee to electricity bills and natural gas charges as the AUC recovers outstanding debt from the COVID-19 deferral program via AESO and the Balancing Pool.

 

Key Points

A temporary surcharge on Alberta power and gas bills to recover unpaid COVID-19 deferral debt, administered by the AUC.

✅ Applies per kWh and per GJ based on consumption

✅ Recovers unpaid balances from 2020-21 bill deferrals

✅ Collected via AESO and the Balancing Pool under AUC oversight

 

The province says Alberta ratepayers should expect to see an extra fee on their utility bills in the coming months.

That fee is meant to recover the outstanding debt owed to gas and electricity providers resulting from last year's three-month utility deferral program offered to struggling Albertans during the pandemic.

The provincial government announced the utility deferral program in March 2020 then formalized it with legislation, alongside a consumer price cap on power bills that shaped later policy decisions.

The program allowed residential, farm and small commercial customers who used less than 250,000 kilowatt hours of electricity per year — or consumed less than 2,500 gigajoules per year — to postpone their bills amid the COVID-19 pandemic.

According to the province, 350,000 customers, or approximately 13 per cent of the natural gas and electricity consumer base, took advantage of the program.

Customers had a year to repay providers what they owed. That deadline ended June 18, 2021.

The Alberta Utilities Commission (AUC), which regulates the utilities sector and natural gas and electricity markets and oversees a rate of last resort framework, said the vast majority of consumers have squared up.

But for those who didn't, provincial legislation dictates that Alberta ratepayers must cover any unpaid debt. The legislation exempts Medicine Hat utility customers for electricity and gas co-operative customers for gas.

"When the program was announced, it was very clear that it was a deferral program and that the monies would need to be paid back," said Geoff Scotton, a spokesperson with the Alberta Utilities Commission.

"Now we're in the situation where the providers, in good faith, who enabled those payment deferrals, need to be made whole. That's really the goal here."

Amount to be determined
Margeaux Maron, a spokesperson for Associate Minister of Natural Gas and Electricity Dale Nally, said based on early estimates, $13 to $16 million of $92 million in deferred payments remain outstanding.

As a result, the province expects the average Albertan will end up paying, unlike jurisdictions offering a lump-sum credit, a fraction of a dollar extra per monthly gas and electricity bill over a handful of months.

Scotton said at this point, there are too many unknown factors to know the exact size of the rate rider. However, he said he expects it to be modest.

Scotton said affected parties first have until the end of this week to notify the AUC exactly how much they are still owed.

Those parties include the Alberta Electric System Operator and the Balancing Pool, who essentially acted as bankers with respect to the distribution and transmission of the utilities to customers who deferred their payments.

Regulated service providers may also seek reimbursement on administrative and carrying costs, even as issues like a BC Hydro fund surplus spark debate elsewhere.

Then, Scotton said, once the outstanding amounts are known, the AUC will hold a public proceeding, similar to a Nova Scotia rate case, to determine the amount and the duration of the rate rider to be applied to each natural gas and electricity bill.

The amount will be based on consumption: per kilowatt hour for electricity and per gigajoule for natural gas.

That means larger businesses will end up paying more than the average Albertan.

Scotton said the AUC will expedite the hearing process and it expects to have a decision by the end of the summer.

Rate rider a 'surprise'
Joel MacDonald with Energyrates.ca — an organization which compares energy rates across the country — said it's not the amount of the rate rider that bothers him, but the fact that the repayment process wasn't made clear at the onset of the program.

"It came to us as a bit of a surprise," MacDonald said.

He said what was sold as a deferral program seems more like an electricity rebate program, or an "ability to pay" program.

"As opposed to the retailers looking into collection methods, anything that wasn't paid is basically just being forced upon all Alberta consumers," MacDonald said.

The expectation set out in the deferral legislation and regulations state utility providers such as Enmax and Epcor are expected to use reasonable efforts to try to collect the unpaid balances. It must then detail those reasonable efforts to the AUC.

A spokesperson for Enmax said it first works with its customers to find manageable payment arrangements and connects them with support services if they are unable to pay.

Then, if payment can't be arranged, it said it will work with a collection agency, which may even result in disconnection of service.

The spokesperson said only after all efforts have failed would Enmax seek reimbursement through this program.

Use tax revenues?
MacDonald also questioned why a government program isn't being paid for through general tax revenues.

He compared the utility deferral program to a mortgage subsidy program.

"Imagine that [Canada Mortgage And Housing Corporation] said, 'Hey, we had to give mortgage deferrals and some of these people never paid back their deferrals, so we're going to add an extra $300 to everyone's mortgage,'" he said.

"You'd expect that to come off of some sort of general taxation — not being assigned to other people's mortgages, right?"

In response, Maron said due to the current fiscal challenges facing the government — and the expected minimal costs to consumers, and even as a consumer price cap on electricity remains in place — it was determined that a rate rider would be an appropriate mechanism to repay bad debt associated with the program.

Scotton said rate riders aren't unusual — they're used to fine-tune rates for a set period of time.

He said under normal circumstances, regulated service providers can apply to the AUC to impose a rate rider to recover unexpected costs. And in some instances, they can provide a credit.

But in this situation, he said the debt is aggregated and, in turn, being collected more broadly.

 

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