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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Electricity complaints filed by Texans reach three-year high, report says

Texas Electricity Complaints surged to a three-year high, highlighting Public Utility Commission data on billing disputes, meter problems, and service issues in the competitive retail electricity market and consumer protection process.

 

Key Points

Consumer filings to Texas PUC about billing, service, and meters, with 2018 reaching a three-year high.

✅ 5,371 complaints/inquiries in FY2018; 43.8% involved billing disputes.

✅ Service issues 15.8% and meters 12.6%; PUC publishes complaint stats.

✅ Advocates urge monitoring to keep deregulated retail market healthy.

 

The number of electricity service-related complaints and inquiries filed with the state’s Public Utility Commission reached a three-year high this past fiscal year, an advocacy group said Tuesday.

According to the Texas Coalition for Affordable Power, a nonprofit that advocates for low electricity prices, Texans filed 5,371 complaints or inquiries with the commission between September 2017 and August of this year. That’s up from the 4,175 complaints or inquiries filed during the same period in 2017 and the 4,835 filed in 2016. The complaints and inquiries included concerns with billing, meters and service.

“This stark uptick in complaints is disappointing — especially after several years of generally improving numbers,” Jay Doegey, the coalition's executive director, said in a written statement. “In percentage terms, the year-to-year rise in complaints is the greatest in a decade. Clearly, many Texans remain frustrated with aspects of their electric service.”

The utility commission did not immediately respond to a request for comment.

While complaints and inquiries increased in 2018, the number of complaints and inquiries has generally decreased since 2009, when Texans filed 15,956 with the commission. That could be because there have been lower residential electricity prices and because Texans have become more familiar with the state’s competitive retail electricity system over the last decade, the coalition's report said.

And complaints from 2018 are well below 2003 levels, when the number of complaints and inquiries soared to more than 17,000, a year after Texas deregulated most of its electricity market structure at the time.

But Jake Dyer, a policy analyst at the coalition, said his group is closely watching the uptick in complaints this year as the Texas power grid faces recurring strains.

“We are invested in making sure the competition works,” Dyer said. “When you see an uptick like this, you should watch very closely to make sure the market remains healthy and to make sure there is not something else going on.”

However, Dyer said that it is too early to know what that something else that is going on might be.

According to the report, concerns about billing made up most of the complaints and inquiries filed this year at 43.8 percent. That’s up from 42.5 percent in fiscal year 2017. Concerns about the provision of electrical service and about electrical meters also ranked high, constituting 15.8 percent and 12.6 percent of the complaints and inquiries, respectively.

The Public Utility Commission publishes customer complaint statistics on its website. The Texas Coalition for Affordable Power takes into account both complaints and inquiries filed with the commission for its report in order “to gauge general consumer sentiment and to maintain a uniform methodology across the study period.”

Texans can file an official complaint with the the commission's Customer Protection Division. Under the complaint process, the complaint is sent to the electric company, which has 21 days to respond.

Some providers outside the competitive market, such as electric cooperatives, drew praise for performance during the 2021 winter storm.

Following the 2021 winter storm, Texas lawmakers proposed an electricity market bailout to stabilize costs and reliability.

 

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Electric cars will challenge state power grids

Electric Vehicle Grid Integration aligns EV charging with grid capacity using smart charging, time-of-use rates, V2G, and demand response to reduce peak load, enable renewable energy, and optimize infrastructure planning.

 

Key Points

Aligning EV charging with grid needs via smart charging, TOU pricing, and V2G to balance load and support renewables.

✅ Time-of-use rates shift charging to off-peak hours

✅ Smart charging responds to real-time grid signals

✅ V2G turns fleets into distributed energy storage

 

When Seattle City Light unveiled five new electric vehicle charging stations last month in an industrial neighborhood south of downtown, the electric utility wasn't just offering a new spot for drivers to fuel up. It also was creating a way for the service to figure out how much more power it might need as electric vehicles catch on.

Seattle aims to have nearly a third of its residents driving electric vehicles by 2030. Washington state is No. 3 in the nation in per capita adoption of plug-in cars, behind California and Hawaii. But as Washington and other states urge their residents to buy electric vehicles — a crucial component of efforts to reduce carbon emissions — they also need to make sure the electric grid can handle it amid an accelerating EV boom nationwide.

The average electric vehicle requires 30 kilowatt hours to travel 100 miles — the same amount of electricity an average American home uses each day to run appliances, computers, lights and heating and air conditioning.

An Energy Department study found that increased electrification across all sectors of the economy could boost national consumption by as much as 38 percent by 2050, in large part because of electric vehicles. The environmental benefit of electric cars depends on the electricity being generated by renewables.

So far, states predict they will be able to sufficiently boost power production. But whether electric vehicles will become an asset or a liability to the grid largely depends on when drivers charge their cars.

Electricity demand fluctuates throughout the day; demand is higher during daytime hours, peaking in the early evening. If many people buy electric vehicles and mostly try to charge right when they get home from work — as many now do — the system could get overloaded or force utilities to deliver more electricity than they are capable of producing.

In California, for example, the worry is not so much with the state’s overall power capacity, but rather with the ability to quickly ramp up production and maintain grid stability when demand is high, said Sandy Louey, media relations manager for the California Energy Commission, in an email. About 150,000 electric vehicles were sold in California in 2018 — 8 percent of all state car sales.

The state projects that electric vehicles will consume 5.4 percent of the state’s electricity, or 17,000 gigawatt hours, by 2030.

Responding to the growth in electric vehicles will present unique challenges for each state. A team of researchers from the University of Texas at Austin estimated the amount of electricity that would be required if every car on the road transitioned to electric. Wyoming, for instance, would need to nudge up its electricity production only 17 percent, while Maine would have to produce 55 percent more.

Efficiency Maine, a state trust that oversees energy efficiency and greenhouse gas reduction programs, offers rebates for the purchase of electric vehicles, part of state efforts to incentivize growth.

“We’re certainly mindful that if those projections are right, then there will need to be more supply,” said Michael Stoddard, the program’s executive director. “But it’s going to unfold over a period of the next 20 years. If we put our minds to it and plan for it, then we should be able to do it.”

A November report sponsored by the Energy Department found that there has been almost no increase in electricity demand nationwide over the past 10 years, while capacity has grown an average of 12 gigawatts per year (1 GW can power more than a half-million homes). That means energy production could climb at a similar rate and still meet even the most aggressive increase in electric vehicles, with proper planning.

Charging during off-peak hours would allow not only many electric vehicles to be added to the roads but also utilities to get more use out of power plants that run only during the limited peak times through improved grid coordination and flexible demand.

Seattle City Light and others are looking at various ways to promote charging during ideal times. One method is time-of-day rates. For the Seattle chargers unveiled last month, users will pay 31 cents per kilowatt hour during peak daytime hours and 17 cents during off-peak hours. The utility will monitor use at its charging stations to see how effective the rates are at shifting charging to more favorable times.

The utility also is working on a pilot program to study charging behavior at home. And it is partnering with customers such as King County Metro that are electrifying large vehicle fleets, including growing electric truck fleets that will demand significant power, to make sure they have both the infrastructure and charging patterns to integrate smoothly.

“Traditionally, our utility approach is to meet the load demand,” said Emeka Anyanwu, energy innovation and resources officer for Seattle City Light.

Instead, he said, the utility is working with customers to see whether they can use existing assets without the need for additional investment.

Numerous analysts say that approach is crucial.

“Even if there’s an overall increase in consumption, it really matters when that occurs,” said Sally Talberg, head of the Michigan Public Service Commission, which oversees the state’s utilities. “The encouragement of off-peak charging and other technology solutions that could come to bear could offset any negative impact.”

One of those solutions is smart charging, a system in which vehicles are plugged in but don’t charge until they receive a signal from the grid that demand has tapered off a sufficient amount. This is often paired with a lower rate for drivers who use it. Several smart-charging pilot programs are being conducted by utilities, although they have not yet been phased in widely, amid ongoing debates over charging control among manufacturers and utilities.

In many places, the increased electricity demand from electric vehicles is seen as a benefit to utilities and rate payers. In the Northwest, electricity consumption has remained relatively stagnant since 2000, despite robust population growth and development. That’s because increasing urbanization and building efficiency have driven down electricity needs.

Electric vehicles could help push electricity consumption closer to utilities’ capacity for production. That would bring in revenue for the providers, which would help defray the costs for maintaining that capacity, lowering rates for all customers.

“Having EV loads is welcome, because it’s environmentally cleaner and helps sustain revenues for utilities,” said Massoud Jourabchi, manager of economic analysis for the Northwest Power and Conservation Council, which develops power plans for the region.

Colorado also is working to promote electric cars, with the aim of putting 940,000 on the road by 2030. The state has adopted California’s zero-emission vehicles mandate, which requires automakers to reach certain market goals for their sales of cars that don’t burn fossil fuels, while extending tax credits for the purchase of such cars, investing in charging stations and electrifying state fleets.

Auto dealers have opposed the mandate, saying it infringes on consumer freedom.

“We think it should be a customer choice, a consumer choice and not a government mandate,” said Tim Jackson, president and chief executive of the Colorado Automobile Dealers Association.

Jackson also said that there’s not yet a strong consumer appetite for electric vehicles, meaning that manufacturers that fail to sell the mandated number of emission-free vehicles would be required to purchase credits, which he thinks would drive up the price of their other models.

Republicans in the state have registered similar concerns, saying electric vehicle adoption should take place based on market forces, not state intervention.

Many in the utility community are excited about the potential for electric cars to serve as mobile energy storage for the grid. Vehicle-to-grid technology, known as V2G, would allow cars charging during the day to take on surplus power from renewable energy sources.

Then, during peak demand times, electric vehicles would return some of that stored energy to the grid. As demand tapers off in the evening, the cars would be able to recharge.

In practice, V2G technology could be especially beneficial if used by heavy-duty fleets, such as school buses or utility vehicles. Those fleets would have substantial battery storage and long periods where they are idle, such as evenings and weekends — and even longer periods such as summer and the holiday season when school is out. The batteries on a bus, Jourabchi said, could store as much as 10 times the electricity needed to power a home for a day.

 

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Opinion: The dilemma over electricity rates and innovation

Canadian Electricity Innovation drives a customer-centric, data-driven grid, integrating renewable energy, EVs, storage, and responsive loads to boost reliability, resilience, affordability, and sustainability while aligning regulators, utilities, and policy for decarbonization.

 

Key Points

A plan to modernize the grid, aligning utilities, regulators, and tech to deliver clean, reliable, affordable power.

✅ Smart grid supports EVs, storage, solar, and responsive loads.

✅ Innovation funding and regulatory alignment cut long-term costs.

✅ Resilience rises against extreme weather and outage risks.

 

For more than 100 years, Canadian electricity companies had a very simple mandate: provide reliable, safe power to all. Keep the lights on, as some would say. And they did just that.

Today, however, they are expected to also provide a broad range of energy services through a data-driven, customer-centric system operations platform that can manage, among other things, responsive loads, electric vehicles, storage devices and solar generation. All the while meeting environmental and social sustainability — and delivering on affordability.

Not an easy task, especially amid a looming electrical supply crunch that complicates planning.

That’s why this new mandate requires an ironclad commitment to innovation excellence. Not simply replacing “like with like,” or to make incremental progress, but to fundamentally reimagine our electricity system and how Canadians relate to it.

Our innovators in the electricity sector are stepping up to the plate and coming up with ingenious ideas, thanks to an annual investment of some $20 billion.

#google#

But they are presented with a dilemma.

Although Canada enjoys among the cleanest, most reliable electricity in the world, we have seen a sharp spike in its politicization. Electricity rates have become the rage and a top-of-mind issue for many Canadians, as highlighted by the Ontario hydro debate over rate plans. Ontario’s election reflects that passion.

This heightened attention places greater pressure on provincial governments, who regulate prices, and in jurisdictions like the Alberta electricity market questions about competition further influence those decisions. In turn, they delegate down to the actual regulators where, at their public hearings, the overwhelming and almost exclusive objective becomes: Keeping costs down.

Consequently, innovation pilot applications by Canadian electricity companies are routinely rejected by regulators, all in the name of cost constraints.

Clearly, electricity companies must be frugal and keep rates as low as possible.

No one likes paying more for their electricity. Homeowners don’t like it and neither do businesses.

Ironically, our rates are actually among the lowest in the world. But the mission of our political leaders should not be a race to the basement suite of prices. Nor should cheap gimmicks masquerade as serious policy solutions. Not if we are to be responsible to future generations.

We must therefore avoid, at all costs, building on the cheap.

Without constant innovation, reliability will suffer, especially as we battle more extreme weather events. In addition, we will not meet the future climate and clean energy targets such as the Clean Electricity Regulations for 2050 that all governments have set and continuously talk about. It is therefore incumbent upon our governments to spur a dynamic culture of innovation. And they must sync this with their regulators.

This year’s federal budget failed to build on the 2017 investments. One-time public-sector funding mechanisms are not enough. Investments must be sustained for the long haul.

To help promote and celebrate what happens when innovation is empowered by utilities, the Canadian Electricity Association has launched Canada’s first Centre of Excellence on electricity. The centre showcases cutting-edge development in how electricity is produced, delivered and consumed. Moreover, it highlights the economic, social and environmental benefits for Canadians.

One of the innovations celebrated by the centre was developed by Nova Scotia’s own NS Power. The company has been recognized for its groundbreaking Intelligent Feeder Project that generates power through a combination of a wind farm, a substation, and nearly a dozen Tesla batteries, reflecting broader clean grid and battery trends across Canada.

Political leaders must, of course, respond to the emotions and needs of their electors. But they must also lead.

That’s why ongoing long-term investments must be embedded in the policies of federal, provincial and territorial governments, and their respective regulatory systems. And Canada’s private sector cannot just point the finger to governments. They, too, must deliver, by incorporating meaningful innovation strategies into their corporate cultures and vision.

That’s the straightforward innovation challenge, as it is for the debate over rates.

But it also represents a generational opportunity, because if we get innovation right we will build that better, greener future that Canadians aspire to.

Sergio Marchi is president and CEO of the Canadian Electricity Association. He is a former Member of Parliament, cabinet minister, and Canadian Ambassador to the World Trade Organization and United Nations in Geneva.

 

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Nova Scotia Power says it now generates 30 per cent of its power from renewables

Nova Scotia Power Renewable Energy delivers 30% in 2018, led by wind power, hydroelectric and biomass, with coal and natural gas declining, as Muskrat Falls imports from Labrador target 40% renewables to cut emissions.

 

Key Points

It is the utility's 30% 2018 renewable mix and plan to reach 40% via Muskrat Falls while reducing carbon emissions.

✅ 18% wind, 9% hydro and tidal, 3% biomass in 2018

✅ Coal reliance fell from 76% in 2007 to 52% in 2018

✅ 58% carbon emissions cut from 2005 levels projected by 2030

 

Nova Scotia's private utility says it has hit a new milestone in its delivery of electricity from renewable resources, a trend highlighted by Summerside wind generation in nearby P.E.I.

Nova Scotia Power says 30 per cent of the electricity it produced in 2018 came from renewable sources such as wind power.

The utility says 18 per cent came from wind turbines, nine per cent from hydroelectric and tidal turbines and three per cent by burning biomass.

However, over half of the province's electrical generation still comes from the burning of coal or petroleum coke. Another 13 per cent come from burning natural gas and five per cent from imports, even as U.S. renewable generation hits record shares.

The utility says that since 2007, the province's reliance on coal-fired plants has dropped from 76 per cent of electricity generated to 52 per cent last year, as Prairie renewables growth accelerates nationally.

It says it expects to meet the province's legislated renewable target of 40 per cent in 2020, when it begins accessing hydroelectricity from the Muskrat Falls project in Labrador.

"We have made greener, cleaner energy a priority," utility president and CEO Karen Hutt said in a news release.

"As we continue to achieve new records in renewable electricity, we remain focused on ensuring electricity prices stay predictable and affordable for our customers, including solar customers across the province."

Nova Scotia Power also projects achieving a 58 per cent reduction in carbon emissions from 2005 levels by 2030.

 

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Ontario Sets Electricity Rates at Off-Peak Price until February 7

Ontario Off-Peak Electricity Rate offers 8.2 cents per kWh for 24 hours, supporting Time-of-Use and Tiered Regulated Price Plan customers, including residential, small business, and farms, under Ontario Energy Board guidelines during temporary relief.

 

Key Points

A temporary 8.2 cents per kWh all-day price for RPP customers, covering TOU and Tiered users across Ontario.

✅ Applies 24 hours daily at 8.2 cents per kWh for 21 days

✅ Covers residential, small business, and farm RPP customers

✅ Valid for TOU and Tiered plans set by the Ontario Energy Board

 

 The Ontario government has announced electricity relief with electricity prices set at the off-peak price of 8.2 cents per kilowatt-hour, 24 hours per day for 21 days starting January 18, 2022, until the end of day February 7, 2022, for all Regulated Price Plan customers. The off-peak rate will apply automatically to residential, small businesses and farms who pay Time-of-Use or Tiered prices set by the Ontario Energy Board.

This rate relief includes extended off-peak rates to support small businesses, as well as workers and families spending more time at home while the province is in Modified Step Two of the Roadmap to Reopen.

As part of our mandate, we set the rates that your utility charges for the electricity you use in your home or small business. These rates appear on the Electricity line of your bill, and we administer protections such as disconnection moratoriums for residential customers. We also set the Delivery rates that cover the cost to deliver electricity to most residential and small business customers.

 

Types of electricity rates

For residential and small business customers that buy electricity from their utility, there are two different types of rates (also called prices here), and Ontario also provides stable electricity pricing for larger users. The Ontario Energy Board sets both once a year on November 1:

Time-of-Use (TOU)

With TOU prices, the price depends on when you use electricity, including options like ultra-low overnight pricing that encourage off-peak use.

There are three TOU price periods:

  • Off-peak, when demand for electricity is lowest and new offerings like the Ultra-Low Overnight plan can encourage shifting usage. Ontario households use most of their electricity – nearly two thirds of it – during off-peak hours.
  • Mid-peak, when demand for electricity is moderate. These periods are during the daytime, but not the busiest times of day, and utilities like BC Hydro are exploring similar TOU structures as well.
  • On-peak, when demand for electricity is generally higher. These are the busier times of day – generally when people are cooking, starting up their computers and running heaters or air conditioners.

 

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Ontario to Rely on Battery Storage to Meet Rising Energy Demand

Ontario Battery Energy Storage anchors IESO strategy, easing peak demand and boosting grid reliability. Projects like Oneida BESS (250MW) and nearly 3GW procurements integrate renewables, wind and solar, enabling flexible, decarbonized power.

 

Key Points

Provincewide grid batteries help IESO manage peaks, integrate renewables, and strengthen reliability across Ontario.

✅ IESO forecasts 1,000MW peak growth by 2026

✅ Oneida BESS adds 250MW with 20-year contract

✅ Nearly 3GW storage procured via LT1 and other RFPs

 

Ontario’s electricity grid is facing increasing demand amid a looming supply crunch, prompting the province to invest heavily in battery energy storage systems (BESS) as a key solution. The Ontario Independent Electricity System Operator (IESO) has highlighted that these storage technologies will be crucial for managing peak demand in the coming years.

Ontario's energy demands have been on the rise, driven by factors such as population growth, electric vehicle manufacturing, data center expansions, and heavy industrial activity. The IESO's latest assessment, and its work on enabling storage, covering the period from April 2025 to September 2026, indicates that peak demand will increase by approximately 1,000MW between the summer of 2025 and 2026. This forecasted rise in energy use is attributed to the acceleration of various sectors within the province, underscoring the need for reliable, scalable energy solutions.

A significant portion of this solution will be met by large-scale energy storage projects. Among the most prominent is the Oneida BESS, a flagship project that will contribute 250MW of storage capacity. This project, developed by a consortium including Northland Power and NRStor, will be located on land owned by the Six Nations of the Grand River. Expected to be operational soon, it will play a pivotal role in ensuring grid stability during high-demand periods. The project benefits from a 20-year contract with the IESO, guaranteeing payments that will support its financial viability, alongside additional revenue from participating in the wholesale energy market.

In addition to Oneida, Ontario has committed to acquiring nearly 3GW of energy storage capacity through various procurement programs. The 2023 Expedited Long-Term 1 (LT1) request for proposals (RfP) alone secured 881MW of storage, with additional projects in the pipeline. A notable example is the Hagersville Battery Energy Storage Park, which, upon completion, will be the largest such project in Canada. The success of these procurement efforts highlights the growing importance of BESS in Ontario's energy strategy.

The IESO’s proactive approach to energy storage is not only a response to rising demand but also a step toward decarbonizing the province’s energy system. As Ontario transitions away from traditional fossil fuels, BESS will provide the necessary flexibility to accommodate increasing renewable energy generation, a clean energy solution widely recognized in jurisdictions like New York, particularly from intermittent sources like wind and solar. By storing excess energy during periods of low demand and dispatching it when needed, these systems will help maintain grid stability, and as many utilities see benefits even without mandates, reduce reliance on fossil fuel-based power plants.

Looking ahead, Ontario's energy storage capacity is expected to grow significantly, complemented by initiatives such as the Hydrogen Innovation Fund, with projects from the 2023 LT1 RfP expected to come online by 2027. As more storage resources are integrated into the grid, the province is positioning itself to meet its rising energy needs while also advancing its environmental goals.

Ontario’s increasing reliance on battery energy storage is a clear indication of the province’s commitment to a sustainable and resilient energy future, aligning with perspectives from Sudbury sustainability advocates on the grid's future. With substantial investments in storage technology, Ontario is not only addressing current energy challenges but also paving the way for a cleaner, more reliable energy system in the years to come.

 

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