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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Website Providing Electricity Purchase Options Offered Fewer Choices For Spanish-speakers

Texas PUC Spanish Power to Choose mandates bilingual parity in deregulated electricity markets, ensuring equal access to plans, transparent pricing, consumer protection, and provider listings for Spanish speakers, mirroring the English site offerings statewide.

 

Key Points

PUC mandate requiring identical Spanish and English plan listings for fair access in the deregulated power market.

✅ Orders parity across English and Spanish plan listings

✅ Increases transparency in a deregulated electricity market

✅ Deadline set for providers to post on both sites

 

The state’s Public Utility Commission has ordered that the Spanish-language version of the Power to Choose website provide the same options available on the English version of the site, a move that comes as shopping for electricity is getting cheaper statewide.

Texas is one of a handful of states with a deregulated electricity market, with ongoing market reforms under consideration to avoid blackouts. The idea is to give consumers the option to pick power plans that they think best fit their needs. Customers can find available plans on the state’s Power To Choose website, or its Spanish-language counterpart, Poder de Escoger. In theory, those two sites should have the exact same offerings, so no one is disadvantaged. But the Texas Public Utility Commission found that wasn’t the case.

Houston Chronicle business reporter Lynn Sixel has been covering this story. She says the Power to Choose website is important for consumers facing the difficult task of choosing an electric provider in a deregulated state, where electricity complaints have recently reached a three-year high for Texans.

“There are about 57 providers listed on the [English] Power to Choose website, and news about retailers like Griddy underscores how varied the offerings can be across providers. [Last week] there were only 23 plans on the Spanish Power to Choose site,” Sixel says. “If you speak Spanish and you’re looking for a low-cost plan, as of last week, it would have been difficult to find some of the really great offers.”

Mustafa Tameez, managing director of Outreach Strategists, a Houston firm that consults with companies and nonprofits on diversity, described this issue as a type of redlining.

“He’s referring to a practice that banks would use to circle areas on maps in which the bank decided they did not want to lend money or would charge higher rates,” Sixel says. “Typically it was poor minority neighborhoods. Those folks would not get the same great deals that their Anglo neighbors would get.”

DeAnn Walker, chairman of the Public Utility Commission, said she was not at all happy about the plans listings in a meeting Friday, against a backdrop where Texas utilities have recently backed out of a plan to create smart home electricity networks.

“She gave a deadline of 8 a.m. Monday morning for any providers who wanted to put their plans on the Power to Choose website, must put them on both the Spanish language and the English language versions,” Sixel says. “All the folks that I talked to really had no idea that there were different plans on both sites and I think that there was sort of an assumption.”

 

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Ontario Energy minister downplays dispute between auditor, electricity regulator

Ontario IESO Accounting Dispute highlights tensions over public sector accounting standards, auditor general oversight, electricity market transparency, KPMG advice, rate-regulated accounting, and an alleged $1.3B deficit understatement affecting Hydro bills and provincial finances.

 

Key Points

A PSAS clash between Ontario's auditor general and the IESO, alleging a $1.3B deficit impact and transparency failures.

✅ Auditor alleges deficit understated by $1.3B

✅ Dispute over PSAS vs US-style accounting

✅ KPMG support, transparency and co-operation questioned

 

The bad blood between the Ontario government and auditor general bubbled to the surface once again Monday, with the Liberal energy minister downplaying a dispute between the auditor and the Crown corporation that manages the province's electricity market, even as the government pursued legislation to lower electricity rates in the province.

Glenn Thibeault said concerns raised by auditor general Bonnie Lysyk during testimony before a legislative committee last week aren't new and the practices being used by the Independent Electricity System Operator are commonly endorsed by major auditing firms.

"(Lysyk) doesn't like the rate-regulated accounting. We've always said we've relied on the other experts within the field as well, plus the provincial controller," Thibeault said.

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"We believe that we are following public sector accounting standards."

Thibeault said that Ontario Power Generation, Hydro One and many other provinces and U.S. states use the same accounting practices.

"We go with what we're being told by those who are in the field, like KPMG, like E&Y," he said.

But a statement from Lysyk's office Monday disputed Thibeault's assessment.

"The minister said the practices being used by the IESO are common in other jurisdictions," the statement said.

"In fact, the situation with the IESO is different because none of the six other jurisdictions with entities similar to the IESOuse Canadian Public Sector Accounting Standards. Five of them are in the United States and use U.S. accounting standards."

Lysyk said last week that the IESO is using "bogus" accounting practices and her office launched a special audit of the agency late last year after the agency changed their accounting to be more in line with U.S. accounting, following reports of a phantom demand problem that cost customers millions.

Lysyk said the accounting changes made by the IESO impact the province's deficit, understating it by $1.3 billion as of the end of 2017, adding that IESO "stalled" her office when it asked for information and was not co-operative during the audit.

Lysyk's full audit of the IESO is expected to be released in the coming weeks and is among several accounting disputes her office has been engaged in with the Liberal government over the past few years.

Last fall, she accused the government of purposely obscuring the true financial impact of its 25% hydro rate cut by keeping billions in debt used to finance that plan off the province's books. Lysyk had said she would audit the IESO because of its role in the hydro plan's complex accounting scheme.

"Management of the IESO and the board would not co-operate with us, in the sense that they continually say they're co-operating, but they stalled on giving us information," she said last week.

Terry Young, a vice-president with the IESO, said the agency has fully co-operated with the auditor general. The IESO opened up its office to seven staff members from the auditor's office while they did their work.

"We recognize the work that she's doing and to that end we've tried to fully co-operate," he said. "We've given her all of the information that we can."

Young said the change in accounting standards is about ensuring greater transparency in transactions in the energy marketplace.

"It's consistent with many other independent electricity system operators are doing," he said.

Lysyk also criticized IESO's accounting firm, KPMG, for agreeing with the IESO on the accounting standards. She was critical of the firm billing taxpayers for nearly $600,000 work with the IESO in 2017, compared to their normal yearly audit fee of $86,500.

KPMG spokeswoman Lisa Papas said the accounting issues that IESO addressed during 2017 were complex, contributing to the higher fees.

The accounting practices the auditor is questioning are a "difference of professional judgement," she said.

"The standards for public sector organizations such as IESO are principles-based standards and, accordingly, require the exercise of considerable professional judgement," she said in a statement.

"In many cases, there is more than one acceptable approach that is compliant with the applicable standards."

Progressive Conservative energy critic Todd Smith said the government isn't being transparent with the auditor general or taxpayers, aligning with calls for cleaning up Ontario's hydro mess in the sector.

"Obviously, they have some kind of dispute but the auditor's office is saying that the numbers that the government is putting out there are bogus.

Those are her words," he said. "We've always said that we believe the auditor general's are the true numbers for the
province of Ontario."

NDP energy critic Peter Tabuns said the Liberal government has decided to "play with accounting rules" to make its books look better ahead of the spring election, despite warnings that electricity prices could soar if costs are pushed into the future.

 

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Coronavirus impacts dismantling of Germany's Philippsburg nuclear plant

Philippsburg Demolition Delay: EnBW postpones controlled cooling-tower blasts amid the coronavirus pandemic, affecting decommissioning timelines in Baden-Wurttemberg and grid expansion for a transformer station to route renewable power and secure supply in southern Germany.

 

Key Points

EnBW's COVID-19 delay of Philippsburg cooling-tower blasts, affecting decommissioning and grid plans.

✅ Controlled detonation shifted to mid-May at earliest

✅ Demolition links to transformer station for north-south grid

✅ Supports security of supply in southern Germany

 

German energy company EnBW said the coronavirus outbreak has impacted plans to dismantle its Philippsburg nuclear power plant in Baden-Wurttemberg, southwest Germany, amid plans to phase out coal and nuclear nationally.

The controlled detonation of Phillipsburg's cooling towers will now take place in mid-May at the earliest, subject to coordination as Germany debates whether to reconsider its nuclear phaseout in light of supply needs.

However, EnBW said the exact demolition date depends on many factors - including the further development in the coronavirus pandemic and ongoing climate policy debates about energy choices.

Philippsburg 2, a 1402MWe pressurised water reactor unit permanently shut down on 31 December 2019, as part of Germany's broader effort to shut down its remaining reactors over time.

At the end of 2019, the Ministry of the Environment gave basic approval for decommissioning and dismantling of unit 2 of the Philippsburg nuclear power plant, inluding explosive demolition of the colling towers. Since then EnBW has worked intensively on getting all the necessary formal steps on the way and performing technical and logistical preparatory work, even as discussions about a potential nuclear resurgence continue nationwide.

“The demolition of the cooling towers is directly related to future security of supply in southern Germany. We therefore feel obliged to drive this project forward," said Jörg Michels head of the EnBW nuclear power division.

The timely removal of the cooling towers is important as the area currently occupied by nuclear plant components is needed for a transformer station for long-distance power lines, an issue underscored during the energy crisis when Germany temporarily extended nuclear power to bolster supply. These will transport electricity from renewable sources in the north to industrial centres in the south.

As of early 2020, there six nuclear reactors in operation in Germany, even as the country turned its back on nuclear in subsequent years. According to research institute Fraunhofer ISE, nuclear power provided about 14% of Germany's net electricity in 2019, less than half of the figure for 2000.

 

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Ukraine Prepares for Winter Amid Energy Challenges

Ukraine Winter Energy Resilience focuses on energy security, grid repairs, renewable power, EU support, heating reliability, electricity imports, and conservation measures to stabilize infrastructure and protect households amid conflict and severe cold.

 

Key Points

A strategy to secure heat and power via repairs, renewables, imports, and conservation during wartime winter.

✅ Grid repairs and hardening of power plants and transmission lines

✅ Diversified supply: renewables, electricity imports, fuel reserves

✅ Public conservation to cut peak demand and safeguard essential services

 

As winter approaches, Ukraine is bracing for a challenging season, especially in the energy sector amid global energy instability and price pressures, which has been heavily impacted by the ongoing conflict with Russia. With the weather forecast predicting colder temperatures, the Ukrainian government is ramping up efforts to secure energy supplies and bolster infrastructure, aiming to ensure that citizens have access to heating and electricity during the harsh months ahead.

The Energy Landscape in Ukraine

The conflict has severely disrupted Ukraine’s energy infrastructure, leading to widespread damage and inefficiencies. Key facilities, including power plants and transmission lines, have been targeted amid energy ceasefire violations reported by both sides, resulting in significant energy shortages. As a response, the government has implemented a series of measures aimed at stabilizing the energy sector, ensuring that the nation can withstand the winter months.

One of the primary strategies has been the repair and reinforcement of energy infrastructure. Officials have prioritized critical facilities that are essential for electricity generation and distribution. Emergency repairs and upgrades are being carried out to restore functionality and improve resilience against potential attacks.

In addition to repairing existing infrastructure, Ukraine is actively seeking to diversify its energy sources. This includes increasing reliance on renewable energy, such as wind and solar, which can be less susceptible to disruption. The shift toward renewables not only enhances energy security and supports moving away from fossil fuels in line with Ukraine's long-term environmental goals.

International Support and Collaboration

Ukraine's challenges have not gone unnoticed on the international stage. Countries and organizations around the world have pledged energy security support to help Ukraine fortify its energy sector. This assistance includes financial aid, technical expertise, and the provision of materials needed for infrastructure repairs.

The European Union, in particular, has been a key ally, providing both immediate and long-term support to Ukraine's energy efforts. The EU's commitment to helping Ukraine transition to a more sustainable energy model, including steps toward ENTSO-E synchronization to bolster grid stability, is reflected in various initiatives aimed at increasing energy efficiency and integrating renewable sources.

Furthermore, international organizations have mobilized resources to assist in the restoration of damaged infrastructure. This collaboration not only enhances Ukraine's energy capabilities but also strengthens ties with global partners, fostering a sense of solidarity amidst the ongoing conflict.

Preparing for Winter Challenges

As temperatures drop, the demand for heating will surge, putting additional pressure on an already strained energy system. To address this, the Ukrainian government is urging citizens to prepare for potential shortages. Officials are promoting energy conservation measures, encouraging households to reduce consumption and use energy more efficiently.

Public awareness campaigns are being launched to educate citizens about the importance of energy saving and the steps they can take to minimize their energy use and prevent outages during peak demand. These initiatives aim to foster a collective sense of responsibility as the nation braces for the winter ahead.

In addition to conservation efforts, the government is exploring alternative energy supplies. This includes negotiating with neighboring countries for electricity imports and enhancing domestic production where feasible. By securing a diverse range of energy sources, Ukraine aims to mitigate the risk of shortages and ensure that essential services remain operational.

The Role of Resilience and Innovation

Despite the challenges, the resilience of the Ukrainian people and their commitment to overcoming adversity shine through. Communities are coming together to support one another, sharing resources and information to help navigate the difficulties of winter.

Innovative solutions are also emerging as part of the response to the energy crisis. Local initiatives aimed at promoting energy efficiency and the use of alternative energy sources are gaining traction. From community-led solar projects to energy-efficient building practices, Ukrainians are finding ways to adapt and thrive even in the face of uncertainty.

Looking Ahead

As Ukraine prepares for the winter months, the focus remains on ensuring energy security and maintaining the functionality of critical infrastructure. While challenges loom, the collective efforts of the government, international partners, and citizens demonstrate a strong commitment to resilience and adaptation.

In conclusion, the upcoming winter presents significant challenges for Ukraine's energy sector, yet the nation's determination to secure its energy future remains unwavering. With ongoing repairs, international support, and community innovation, Ukraine is working diligently to navigate the complexities of this winter, aiming to emerge stronger and more resilient in the face of adversity. The resilience shown today will be crucial as the country continues to confront the ongoing impacts of conflict and seeks to build a sustainable future.

 

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Recommendations from BC Hydro review to keep electricity affordable

BC Hydro Review Phase 2 Recommendations advance affordable electricity rates, clean energy adoption, electrification, and demand response, supporting heat pumps, EV charging, and low-income programs to cut emissions and meet CleanBC climate targets.

 

Key Points

Policies to keep rates affordable and accelerate clean electrification via heat pump, EV, and demand response incentives.

✅ Optional rates, heat pump and EV charging incentives

✅ Demand response via controllable devices lowers peak loads

✅ Expanded support for lower-income customers and affordability

 

The Province and BC Hydro have released recommendations from Phase 2 of the BC Hydro Review to keep rates affordable, including through a provincial rate freeze initiative that supported households, and encourage greater use of clean, renewable electricity to reduce emissions and achieve climate targets.

“Keeping life affordable for people is a key priority of our government,” said Bruce Ralston, Minister of Energy, Mines and Low Carbon Innovation. “Affordable electricity rates not only help British Columbians, they help ensure the price of electricity remains competitive with other forms of energy, supporting the transition away from fossil fuels to clean electricity in our homes and buildings, vehicles and businesses.”

While affordable rates have always been important to BC Hydro customers, amid proposals such as a modest rate increase under review, expectations are also changing as customers look to have more choice and control over their electricity use and opportunities to save money.

Guided by input from a panel of external energy industry experts, government and BC Hydro have developed recommendations under Phase 2 of the BC Hydro Review to reduce electricity costs for individuals and businesses, even as a 3.75% increase has been discussed, as envisioned by the CleanBC climate strategy. This is also in alignment with TogetherBC, the Province’s poverty reduction strategy, and its guiding principle of affordability.

“As we promote increased use of electricity in B.C. to achieve our climate targets, we need to continue to focus on keeping electricity rates affordable, especially for lower-income families,” said Nicholas Simons, Minister of Social Development and Poverty Reduction. “Through the BC Hydro Review, and continuing engagement with stakeholders and organizations to follow, we are committed to finding ways to keep rates affordable, so everyone has access to the benefits of B.C.’s clean, reliable electricity.”

Recommendations include having BC Hydro consider providing more support for lower-income BC Hydro customers, informed by a recent surplus report that highlighted funding opportunities. These include incentives and exploring optional rates for customers to adopt electric heat pumps, and facilitating customer adoption of controllable energy devices that provide BC Hydro the ability to offer incentives in return for helping to manage a customer’s electricity use. 

Electrification of B.C.’s economy helps customers reduce their carbon footprint and supports the Province’s CleanBC climate strategy, and is an important part of keeping electricity affordable even amid higher BC Hydro rates in recent periods. As more customers make the switch from fossil fuels to using clean electricity in their homes, vehicles and businesses, BC Hydro’s electricity sales will increase, providing more revenue that helps keep rates affordable for everyone.

“We’re making the transition to a cleaner future more affordable for people and businesses across British Columbia through our CleanBC plan,” said George Heyman, Minister of Environment and Climate Change Strategy. “By working with BC Hydro and other partners, we’re making sure everyone has access to clean, affordable electricity to power technologies like high-efficiency heat pumps and electric vehicles that will reduce harmful pollution and improve our homes, buildings and communities.”

Chris O’Riley, president and CEO, BC Hydro, said: “Given the impact of COVID-19 on British Columbians, affordability is more important than ever. That’s why we are committed to continuing to keep rates affordable and offering customers more options that allow them to save on their bills while using clean electricity.”

In July 2021, the Province announced a first set of recommendations from Phase 2 of the BC Hydro Review amid a 3% rate increase approved by regulators. The next announcement from Phase 2 will include recommendations to increase the number of electric vehicles on the road.

In addition, as part of the Draft Action Plan to advance the Declaration on the Rights of Indigenous Peoples Act, the Province is proposing to engage with Indigenous peoples to identify and support new clean energy opportunities related to CleanBC, the BC Hydro Review and the British Columbia Utilities Commission Indigenous Utilities Regulation Inquiry, and to consider lessons from Ontario's hydro policy experiences as appropriate.

B.C. is the cleanest electricity-generation jurisdiction in western North America, with an average of 98% of its electricity generation coming from clean or renewable resources.

 

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What can we expect from clean hydrogen in Canada

Canadian Clean Hydrogen is surging, driven by net-zero goals, tax credits, and exports. Fuel cells, electrolysis, and low-emissions power and transport signal growth, though current production is largely fossil-based and needs decarbonization.

 

Key Points

Canadian Clean Hydrogen is the shift to make and use low-emissions hydrogen for energy and industry to reach net-zero.

✅ $17B tax credits through 2035 to scale electrolyzers and hubs

✅ Export MOUs with Germany and the Netherlands target 2025 shipments

✅ IEA: 99% of hydrogen from fossil fuels; deep decarbonization needed

 

As the world races to find effective climate solutions, and toward an electric planet vision, hydrogen is earning buzz as a potentially low-emitting alternative fuel source. 

The promise of hydrogen as a clean fuel source is nothing new — as far back as the 1970s hydrogen was being promised as a "potential pollution-free fuel for our cars."

While hydrogen hasn't yet taken off as the fuel of the future  — a 2023 report from McKinsey & Company and the Hydrogen Council estimates that there is a grand total of eight hydrogen vehicle fuelling stations in Canada — many still hope that will change.

The hope is hydrogen will play a significant role in combating climate change, serving as a low-emissions substitute for fossil fuels in power generation, home heating and transportation, where cleaning up electricity remains critical, and today, interest in a Canadian clean hydrogen industry may be starting to bubble over.

"People are super excited about hydrogen because of the opportunity to use it as a clean chemical fuel. So, as a displacement for natural gas, diesel, gasoline, jet fuel," said Andrew Gillis, CEO of Canadian hydrogen company Aurora Hydrogen. 

Plans for low or zero-emissions hydrogen projects are beginning to take shape across the country. But, at the moment, hydrogen is far from a low-emissions fuel, which is why some experts suggest expectations for the resource should be tempered. 

The IEA report indicates that in 2021, global hydrogen production emitted 900 million tonnes of carbon dioxide — roughly 180 million more than the aviation industry — as roughly 99 per cent of hydrogen production came from fossil fuel sources. 

"There is a concern that the role of hydrogen in the process of decarbonization is being very greatly overstated," said Mark Winfield, professor of environmental and urban change at York University. 


A growing excitement 

In 2020, the government released a hydrogen strategy, aiming to "cement hydrogen as a tool to achieve our goal of net-zero emissions by 2050 and position Canada as a global, industrial leader of clean renewable fuels." 

The latest budget includes over $17 billion in tax credits between now and 2035 to help fund clean hydrogen projects.

Today, the most common application for hydrogen in Canada is as a material in industrial activities such as oil refining and ammonia, methanol and steel production, according to Natural Resources Canada. 

But, the buzz around hydrogen isn't exactly over its industrial applications, said Aurora Hydrogen's Gillis.

"All these sorts of things where we currently have emitting gaseous or liquid chemical fuels, hydrogen's an opportunity to replace those and access the energy without creating emissions at the point of us," Gillis said. 

When used in a fuel cell, hydrogen can produce electricity for transportation, heating and power generation without producing common harmful emissions like nitrogen oxide, hydrocarbons and particulate matter — BloombergNEF estimates that hydrogen could meet 24 per cent of global energy demand by 2050.


A growing industry

Canada's hydrogen strategy aims to have 30 per cent of end-use energy be from clean hydrogen by 2050. According to the strategy, Canada produces an estimated three million tonnes of hydrogen per year from natural gas today, but the strategy doesn't indicate how much hydrogen is produced from low-emissions sources.

In recent years, the Canadian clean hydrogen industry has earned international interest, especially as Germany's hydrogen strategy anticipates significant imports.

In 2021, Canada signed a memorandum of understanding with the Netherlands to help develop "export-import corridors for clean hydrogen" between the two countries. Canada also recently inked a deal with Germany to start exporting the resource there by 2025.

But while a low-emissions hydrogen plant went online in Becancour, Que., in 2021, the rest of Canada's clean-hydrogen industry seems to be in the early stages.

 

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