North Carolina: Senate Panel Gives First OK to Renewables, Efficiency Bill

Manitoba Hydro Court Ruling affirms the Public Utilities Board exceeded its jurisdiction by ordering a First Nations rate class, overturning an electricity rates appeal tied to geography, poverty, and regulatory authority in Manitoba.

Key Points

A decision holding the PUB lacked authority to create a First Nations rate class, restoring uniform electricity pricing.

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

✅ Geography, not poverty, found decisive in unlawful rate class

Manitoba Hydro was wrongly forced to create a new rate class for electricity customers living on First Nations, the Manitoba Court of Appeal has ruled. 

The court decided the Public Utilities Board "exceeded its jurisdiction" by mandating Indigenous customers on First Nations could have a different electricity rate from other Manitobans. 

The board made the order in 2018, which exempted those customers from the general rate increase that year of 3.6 per cent.

"The directive constituted the creation and implementation of general social policy, an area outside of the PUB's jurisdiction and encroaching into areas that are better suited to the federal and provincial government," says the decision, which was released Tuesday.

Hydro's appeal of the PUB's decision went to court earlier this year.

At the time, the Crown corporation acknowledged many Indigenous people on First Nations live in poverty, but it argued the Public Utilities Board was overstepping its authority in trying to address the issue by creating a new rate class.

It also argued it was against provincial law to charge different rates in different areas of the province.

The PUB, however, insisted that legislation gives it the right to decide which factors are relevant when considering electricity prices, such as social issues. 

Special Manitoba Hydro rate class needed to offset challenges of living on First Nations, appeal court hears
Manitoba Hydro can appeal order to create special First Nation rate
The board had heard evidence that some customers were making "unacceptable" sacrifices to keep the lights on each month.

Decision 'heavy-handed': AMC
The Assembly of Manitoba Chiefs, an intervener in the appeal, had backed the utility board's position. It said on-reserve customers are disproportionately vulnerable to rate hikes over time.

Grand Chief Arlen Dumas said Wednesday he was surprised by the court's ruling. 

He argued Indigenous people are unduly excluded in the setting of electricity rates in Manitoba.

"I will be speaking with my federal and provincial counterparts on how we deal with this issue, because I think it's the wrong [decision]. It's heavy-handed and we need to address it."

The appeal court judges said there is past precedent for setting equal electricity rates, regardless of where customers live. Legislation to that effect was made in the early 2000s and a few years ago, the PUB recognized that geographical limitations should not be imposed on a class of customers.

Since the board's new order didn't extend the same savings to First Nations members who don't live on reserve but face similar financial circumstances, it is clear the deciding factor was geography, rather than poverty or treaty status, the judges said.

Manitoba Hydro temporarily cutting 200 jobs, many of them front-line workers
"In my view, the PUB erred in law when it created an on-reserve class based solely on a geographic region of the province in which customers are located," the decision read.

While Manitoba Hydro objected to the PUB's order in 2018, it still devoted money to create the new customer class.

Spokesperson Bruce Owen said the utility is still studying the impact of the court's decision, but it appreciates the ruling.  

"We all recognize that many people on First Nations have challenges, but our argument was solely on whether or not the PUB had the authority to create a special rate class based on where people live."

Owen added that Hydro recognizes electricity rates can be a hardship on individuals facing poverty. He said those considerations are part of the discussions the corporation has with the utilities board.

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Bruce Power PPE Donation supports Canada COVID-19 response, supplying 1.2 million masks, gloves, and gowns to Ontario hospitals, long-term care, and first responders, plus face shields, hand sanitizer, and funding for testing and food banks.

Key Points

Bruce Power PPE Donation is a broad COVID-19 aid delivering PPE, supplies, and funding across Ontario.

✅ 1.2 million masks, gloves, gowns to Ontario care providers

✅ 3-D printed face shields and 50,000 bottles of sanitizer

✅ Funding testing research and supporting regional food banks

The world’s largest nuclear plant, which recently marked an operating record during sustained operations, just made Canada’s largest donation of personal protective equipment (PPE).

Bruce Power is doubling its initial donation of 600,000 masks, gloves and gowns for front-line health workers, to 1.2 million pieces of PPE.

The company, which operates the Bruce Nuclear station near Kincardine, Ont., where a major reactor refurbishment is underway, plans to have the equipment in the hands of hospitals, long-term care homes and first responders by the end of April.

It’s not the only thing Bruce Power is doing to help out Ontario during the COVID-19 pandemic:

 Bruce Power has donated $300,000 to 37 food banks in Midwestern Ontario, highlighting the broader economic benefits of Canadian nuclear projects for communities.

•  They’re also working with NPX in Kincardine to make face shields with 3-D printers, leveraging local manufacturing contracts to accelerate production.
•  They’re teaming up with the Power Worker’s Union to fund testing research in Toronto.
•  They’re working with Three Sheets Brewing and Junction 56 Distillery to distribute 50,000 bottles of hand sanitizer to those that need it.

And that’s all on top of what they’ve been doing for years, producing Cobalt-60, a medical isotope to sterilize medical equipment, and, after a recent output upgrade at the site, producing about 30 per cent of Ontario’s electricity as the province advances the Pickering B refurbishment to bolster grid reliability.

Bruce Power has over 4,000 employees working out of their nuclear plant, on the shores of Lake Huron, as it explores the proposed Bruce C project for potential future capacity.

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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
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National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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California Electricity Reliability covers grid resilience amid heat waves, rolling blackouts, renewable energy integration, resource adequacy, battery storage, natural gas peakers, ISO oversight, and peak demand management to keep homes, businesses, and industry powered.

Key Points

Dependable California power delivery despite heat waves, peak demand, and challenges integrating renewables into grid.

✅ Rolling blackouts revealed gaps in resource adequacy.

✅ Early evening solar drop requires fast ramping and storage.

✅ Agencies pledge planning reforms and flexible backup supply.

One hallmark of an advanced society is a reliable supply of electrical energy for residential, commercial and industrial consumers. Uncertainty that California electricity will be there when we need it it undermines social cohesion and economic progress, as demonstrated by the travails of poor nations with erratic energy supplies.

California got a small dose of that syndrome in mid-August when a record heat wave struck the state and utilities were ordered to impose rolling blackouts to protect the grid from melting down under heavy air conditioning demands.

Gov. Gavin Newsom quickly demanded that the three overseers of electrical service to most of the state - the Public Utilities Commission, the Energy Commission and the California Independent Service Operator – explain what went wrong.

"These blackouts, which occurred without prior warning or enough time for preparation, are unacceptable and unbefitting of the nation's largest and most innovative state," Newsom wrote. "This cannot stand. California residents and businesses deserve better from their government."

Initially, there was some fingerpointing among the three entities. The blackouts had been ordered by the California Independent System Operator, which manages the grid and its president, Steve Berberich, said he had warned the Public Utilities Commission about the potential supply shortfall facing the state.

"We have indicated in filing after filing after filing that the resource adequacy program was broken and needed to be fixed," he said. "The situation we are in could have been avoided."

However, as political heat increased, the three agencies hung together and produced a joint report that admitted to lapses of supply planning and grid management and promised steps to avoid a repeat next summer.

"The existing resource planning processes are not designed to fully address an extreme heat storm like the one experienced in mid August," their report said. "In transitioning to a reliable, clean and affordable resource mix, resource planning targets have not kept pace to lead to sufficient resources that can be relied upon to meet demand in the early evening hours. This makes balancing demand and supply more challenging."

Although California's grid had experienced greater heat-related demands in previous years, most notably 2006, managers then could draw standby power from natural gas-fired plants and import juice from other Western states when necessary.

Since then, the state has shut down a number of gas-fired plants and become more reliant on renewable but less reliable sources such as windmills and solar panels.

August's air conditioning demand peaked just as output from solar panels was declining with the setting of the sun and grid managers couldn't tap enough electrons from other sources to close the gap.

While the shift to renewables didn't, unto itself, cause the blackouts, they proved the need for a bigger cushion of backup generation or power storage in batteries or some other technology. The Public Utilities Commission, as Beberich suggested, has been somewhat lax in ordering development of backup supply.

In the aftermath of the blackouts, the state Water Resources Control Board, no doubt with direction from Newsom's office, postponed planned shutdowns of more coastal plants, which would have reduced supply flexibility even more.

Shifting to 100% renewable electricity, the state's eventual goal, while maintaining reliability will not get any easier. The state's last nuclear plant, Diablo Canyon, is ticketed for closure and demand will increase as California eliminates gasoline- and diesel-powered vehicles in favor of "zero emission vehicles" as part of its climate policies push and phases out natural gas in homes and businesses.

Politicians such as Newsom and legislators in last week's blackout hearing may endorse a carbon-free future in theory, but they know that they'll pay the price as electricity prices climb if nothing happens when Californians flip the switch.

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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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Canada Clean Electricity Regulations allow flexible, technology-neutral pathways to a 2035 net-zero grid, permitting limited natural gas with carbon capture, strict emissions standards, and exemptions for emergencies and peak demand across provinces and territories.

Key Points

Federal draft rules for a 2035 net-zero grid, allowing limited gas with CCS under strict performance and compliance standards.

✅ Performance cap: 30 tCO2 per GWh annually for gas plants

✅ CCS must sequester 95% of emissions to comply

✅ Emergency and peak demand exemptions permitted

After facing pushback from Alberta and Saskatchewan, and amid looming power challenges nationwide, Canada's draft net-zero electricity regulations — released today — will permit some natural gas power generation. 

Environment Minister Steven Guilbeault released Ottawa's proposed Clean Electricity Regulations on Thursday.

Provinces and territories will have a minimum 75-day window to comment on the draft regulations. The final rules are intended to pave the way to a net-zero power grid in Canada, aligning with 2035 clean electricity goals established nationally. 

Calling the regulations "technology neutral," Guilbeault said the federal government believes there's enough flexibility to accommodate the different energy needs of Canada's diverse provinces and territories, including how Ontario is embracing clean power in its planning. 

"What we're talking about is not a fossil fuel-free grid by 2035; it's a net zero grid by 2035," Guilbeault said. 

"We understand there will be some fossil fuels remaining … but we're working to minimize those, and the fossil fuels that will be used in 2035 will have to comply with rigorous environmental and emission standards," he added. 

Some analysts argue that scrapping coal-fired electricity can be costly and ineffective, underscoring the trade-offs in transition planning.

While non-emitting sources of electricity — hydroelectricity, wind and solar and nuclear — should not have any issues complying with the regulations, natural gas plants will have to meet specific criteria.

Those operations, the government said, will need to emit the equivalent of 30 tonnes of carbon dioxide per gigawatt hour or less annually to help balance demand and emissions across the grid.

Federal officials said existing natural gas power plants could comply with that performance standard with the help of carbon capture and storage systems, which would be required to sequester 95 per cent of their emissions.

"In other words, it's achievable, and it is achievable by existing technology," said a government official speaking to reporters Thursday on background and not for attribution.

The regulations will also allow a certain level of natural gas power production without the need to capture emissions. Capturing emissions will be exempted during emergencies and peak periods when renewables cannot keep up with demand. 

Some newer plants might not have to comply with the rules until the 2040s, because the regulations apply to plants 20 years after they are commissioned, which dovetails with net-zero by 2050 commitments from electricity associations. 

The two-decade grace period does not apply to plants that open after the regulations are expected to be finalized in 2025.

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