Funds to shut nuclear plants fall short

By Associated Press


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The companies that own almost half the nation's nuclear reactors are not setting aside enough money to dismantle them, and many may sit idle for decades and pose safety and security risks as a result, an Associated Press investigation has found.

The shortfalls are caused not by fluctuating appetites for nuclear power but by the stock market and other investments, which have suffered huge losses over the past year and devastated the plants' savings, and by the soaring costs of decommissioning.

At 19 nuclear plants, owners have won approval to idle reactors for as long as 60 years, presumably enough time to allow investments to recover and eventually pay for dismantling the plants and removing radioactive material.

But mothballing nuclear reactors or shutting them down inadequately presents the most severe of risks. Radioactive waste could leak from abandoned plants into ground water or released into the air, and spent nuclear fuel rods could be stolen by terrorists.

During the past two years, estimates of dismantling costs have soared by more than $4.6 billion because rising energy and labor costs, while the investment funds that are supposed to pay for shutting plants down have lost $4.4 billion in the battered stock market.

The power companies have been hammered by the same declining market returns as colleges, companies and private investors. Industry critics say reactor owners weren't saving enough even before the financial collapse, and that federal regulators have not held the industry to a high enough standard.

Federal regulators are releasing a report that will describe shortfalls at 30 of the nation's 104 nuclear plants and ask operators for details about how they plan to resolve the problem.

The amount of money set aside for dismantling the plants has decreased at nearly four of every five reactors, according to an AP analysis of financial records provided every other year to the Nuclear Regulatory Commission. The government could force plant operators to set aside more money.

Plant owners say they have several ways to close the gap. In addition to idling the plants, the government can simply extend licenses to operate them. And investments could recover in the years to come. Industry officials say a 6 percent annual rate of return is a reasonable long-term goal.

Most nuclear plants will be operating for several more decades and will be able to recoup their fund losses, said Steve Kerekes, a spokesman for the Nuclear Energy Institute, a trade group.

Nuclear power critics say those plans are not enough.

"No one at the NRC wants to acknowledge what is absolutely obvious to us, that the funds are inadequate and that the industry has bare assets," said Arnold Gundersen, a retired nuclear engineer and decommissioning expert.

Those critics say the industry is making assumptions about their investments that do not account for another market collapse, political obstacles to getting the licenses renewed and unforeseen safety problems that could make nuclear power less palatable.

British officials reported on a 2007 leak in a cooling tank at the decommissioned Sizewell-A nuclear plant. If the leak had not been promptly discovered, officials said, nuclear fuel rods could have caught fire and sent airborne radioactive waste along the English coast, harming plant operators or the public.

The average cost of dismantling a nuclear reactor is now estimated now at $450 million. The average plant owner has about $300 million saved up for the job. Typically, the money is raised through a small surcharge on electric rates.

NRC records show utilities are trying to close the gaps:

• Owners at 19 plants have won approval to mothball reactors for as long as 60 years. A method called Safestor has been approved for reactors including the three Palo Verde units in the Arizona desert and the Three Mile Island 1 reactor near Harrisburg, Pennsylvania.

Under this method, radioactive fuel is removed from the reactor and the spent fuel storage pool and is stored in dry casks on plant property. Plant systems are drained of water, and the remaining radioactivity in the plant is left to decay until the facility is dismantled.

But some analysts worry the utility companies that own nuclear plants might not even exist in six decades.

"Our concern is that they'll just walk away from it," said Jim Riccio, a Greenpeace nuclear policy analyst. "It's like a sitting time bomb. The notion that you can just walk away from these sites and everything will be hunky-dory is just not true."

• The operators of 54 nuclear plants, or more than half in the U.S., have already received 20-year license extensions. Sixteen more are being reviewed, and the commission expects to receive 21 more applications in the next several years. To date, the NRC hasn't turned down any license extensions.

While companies ask for extensions for other reasons — primarily to keep producing power and making money — some companies have explicitly told shareholders they will use license extensions to meet their decommissioning obligations.

• Some plants are calculating growth projections for their investments with an annual return of 6 percent. While that is roughly what leading market indexes make over decades, the NRC found plant owners lost an average of 13 percent over the past two years.

In Texas, state rules govern utilities' investments, said Ashley Monts, a spokeswoman for Luminant Corp., which owns two nuclear plants near Glen Rose, Texas. Five years before a plant is set to close, she said, Luminant is required to have 60 percent of the cost available. Two and a half years out, the gap must be completely closed.

Luminant has about $385 million set aside to close its two plants in 2030 and 2033. Two years ago, that figure was $439 million. The cost of decommissioning the reactors is $824 million, almost $90 million than was estimated before.

• Plant operators appear to benefit from NRC rules that don't require them to set aside money to store old nuclear fuel, demolish buildings, or return the plant sites to pristine states. Although some states require a full site restoration, the federal government does not.

The Callaway Unit 1 reactor near Fulton, Missouri, reported in March that meeting the NRC savings target for decommissioning would leave it far short of the real cost of cleaning up the site.

It began with a story similar to those told by other plants: The cost to meet the minimum federal requirement for decommissioning rose from $358 million to $406 million in two years. Its savings to pay for it dwindled from $268 million to $236 million.

But a detailed study of the cost of decommissioning Callaway showed something far worse: The federal savings target was about $288 million less than what it would actually cost for a full dismantling, cleanup and safe storage of spent nuclear waste.

The waste disposal problem has become especially acute since the federal government scrapped plans to store nuclear waste at a secure facility in Yucca Mountain, Nevada.

Instead, radioactive fuel rods are now stored in large concrete and steel canisters on plant grounds that are guarded around the clock and tested often for leaks.

The Vermont Yankee plant, in southeastern Vermont along the banks of the Connecticut River, was hailed as the future of power production for New England when it opened in 1972. Its license is set to expire in 2012, and its decommissioning fund has less than half the money expected to be needed.

As recently as December 2007, the fund held $416 million. Now it stands at about $384 million — a rebound from where it stood a few months ago but not even close to the estimated $932 million it will eventually cost to dismantle the plant.

Entergy Corp. is seeking a 20-year license extension for Vermont Yankee, and is hoping to have enough money in the fund to decommission the plant in the 2030s. Jay Thayer, the plant's vice president for operations, said that if the decommissioning fund continues to perform poorly, the company may ask for permission to idle the plant for as long as 60 years under the Safestor program. That would put off the dismantling until 2092.

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National Grid warns of short supply of electricity over next few days

National Grid power supply warning highlights electricity shortage risks amid low wind output, generator outages, and cold weather, reducing capacity margins and grid stability; considering demand response and reserve power to avoid blackout risk.

 

Key Points

An alert that reduced capacity from low wind and outages requires actions to maintain UK grid stability.

✅ Low wind output and generator outages reduce capacity margins

✅ ESO exploring demand response and reserve generation options

✅ Aim: maintain grid stability and avoid blackout risk

 

National Grid has warned that Britain’s electricity will be in short supply over the next few days after a string of unplanned power plant outages and unusually low wind speeds this week, as cheap wind power wanes across the system.

The electricity system operator said it will take action to “make sure there is enough generation” during the cold weather spell, including virtual power plants and other demand-side measures, to prevent a second major blackout in as many years.

“Unusually low wind output coinciding with a number of generator outages means the cushion of spare capacity we operate the system with has been reduced,” the company told its Twitter followers.

“We’re exploring measures and actions to make sure there is enough generation available to increase our buffer of capacity.”

A spokeswoman for National Grid said the latest electricity supply squeeze was not expected to be as severe as recorded last month, following reports that the government’s emergency energy plan was not going ahead, and added that the company did not expect to issue an official warning in the next 24 hours.

“We’re monitoring how the situation develops,” she said.

The warning is the second from the electricity system operator in recent weeks. In mid-September the company issued an official warning to the electricity market as peak power prices climbed, that its ‘buffer’ of power reserves had fallen below 500MW and it may need to call on more power plants to help prevent a blackout. The notice was later withdrawn.

Concerns over National Grid’s electricity supplies have been relatively rare in recent years. It was forced in November 2015 to ask businesses to cut their demand as a “last resort” measure to keep the lights on after a string of coal plant breakdowns.

But since then, National Grid’s greater challenge has been an oversupply of electricity, partly due to record wind generation, which has threatened to overwhelm the grid during times of low electricity demand.

National Grid has already spent almost £1bn on extra measures to prevent blackouts over the first half of the year by paying generators to produce less electricity during the coronavirus lockdown, as daily demand fell.

The company paid wind farms to turn off, and EDF Energy to halve the nuclear generation from its Sizewell B nuclear plant, to avoid overwhelming the grid when demand for electricity fell by almost a quarter from last year.

The electricity supply squeeze comes a little over a year after National Grid left large parts of England and Wales without electricity after the biggest blackout in a decade left a million homes in the dark. National Grid blamed a lightning strike for the widespread power failure.

Similar supply strains have recently caused power cuts in China, underscoring how weather and generation mix can trigger blackouts.

 

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Spain plans switch to 100% renewable electricity by 2050

Spain 2050 Renewable Energy Plan drives decarbonisation with wind and solar, energy efficiency, fossil fuel bans, and Paris Agreement targets, enabling net-zero power, emissions cuts, and just transition measures for workers and coal regions.

 

Key Points

A roadmap to 100 percent renewable power by 2050, deep emissions cuts, and a just transition aligned with Paris goals.

✅ Adds 3,000 MW of wind and solar each year through 2030

✅ Bans new fossil fuel drilling, hydrocarbon extraction, and fracking

✅ Targets 35% energy efficiency gains and 35% green power by 2030

 

Spain has launched an ambitious plan to switch its electricity system entirely to renewable sources, similar to California's 100% clean electricity mandate, by 2050 and completely decarbonise its economy soon after.

By mid-century, as EU electricity demand projections suggest increases, greenhouse gas emissions would be slashed by 90% from 1990 levels under Spain’s draft climate change and energy transition law.

To do this, the country’s social democratic government is committing to installing at least 3,000MW of wind and solar power capacity every year in the next 10 years ahead.

New licences for fossil fuel drills, hydrocarbon exploitation and fracking wells, will be banned, and a fifth of the state budget will be reserved for measures that can mitigate climate change. This money will ratchet upwards from 2025.

Christiana Figueres, a former executive secretary of the UN’s framework convention on climate change (UNFCCC), hailed the draft Spanish law as “an excellent example of the Paris agreement”. She added: “It sets a long-term goal, provides incentives on scaling up emissions technologies and cares about a good transition for the workforce.”

Under the plan, “just transition” contracts will be drawn up, similar to the £220m package announced in October, that will shut most Spanish coalmines in return for a suite of early retirement schemes, re-skilling in clean energy jobs, and environmental restoration. These deals will be partly financed by auction returns from the sale of emissions rights.

The government has already scrapped a controversial “sun tax” that halted Spain’s booming renewables sector earlier this decade, even as IEA analysis finds solar the cheapest electricity worldwide, and the new law will also mandate a 35% electricity share for green energy by 2030.

James Watson, chief executive of the SolarPower Europe trade association, said the law was “a wake-up call to the rest of the world” amid debate on the global energy transition today.

Energy efficiency will also be improved by 35% within 11 years, and government and public sector authorities will be able to lease only buildings that have almost zero energy consumption.

Laurence Tubiana, chief executive of the European Climate Foundation, and former French climate envoy who helped draft the Paris accord, described the agreement as groundbreaking and inspirational. “By planning on going carbon neutral, Spain shows that the battle against climate change is deadly serious, that they are ready to step up and plan to reap the rewards of decarbonisation,” she said.

However, the government’s hold on power is fragile. With just a quarter of parliamentary seats it will depend on the more leftwing Podemos and liberal Ciudadanos parties to pass the climate plan.

No dates were included in the legislation for phaseouts of coal or nuclear energy, and, echoing UK net zero policy shifts, a ban on new cars with petrol or diesel engines was delayed until 2040.

 

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India's Solar Growth Slows with Surge in Coal Generation

India Solar Slowdown and Coal Surge highlights policy uncertainty, grid stability concerns, financing gaps, and land acquisition issues affecting renewable energy, emissions targets, energy security, storage deployment, and tendering delays across the solar value chain.

 

Key Points

Analysis of slowed solar growth and rising coal in India, examining policy, grid, finance, and emissions tradeoffs.

✅ Policy uncertainty and tender delays stall solar pipelines

✅ Grid bottlenecks, storage gaps, and curtailment risks persist

✅ Financing strains and DISCOM payment delays dampen investment

 

India, a global leader in renewable energy adoption where renewables surpassed coal in capacity recently, faces a pivotal moment as the growth of solar power output decelerates while coal generation sees an unexpected surge. This article examines the factors contributing to this shift, its implications for India's energy transition, and the challenges and opportunities it presents.

India's Renewable Energy Ambitions

India has set ambitious targets to expand its renewable energy capacity, including a goal to achieve 175 gigawatts (GW) of renewable energy by 2022, with a significant portion from solar power. Solar energy has been a focal point of India's renewable energy strategy, as documented in on-grid solar development studies, driven by falling costs, technological advancements, and environmental imperatives to reduce greenhouse gas emissions.

Factors Contributing to Slowdown in Solar Power Growth

Despite initial momentum, India's solar power growth has encountered several challenges that have contributed to a slowdown. These include policy uncertainties, regulatory hurdles, land acquisition issues, and financial constraints affecting project development and implementation, even as China's solar PV growth surged in recent years. Delays in tendering processes, grid connectivity issues, and payment delays from utilities have also hindered the expansion of solar capacity.

Surge in Coal Generation

Concurrently, India has witnessed an unexpected increase in coal generation in recent years. Coal continues to dominate India's energy mix, accounting for a significant portion of electricity generation due to its reliability, affordability, and existing infrastructure, even as wind and solar surpassed coal in the U.S. in recent periods. The surge in coal generation reflects the challenges in scaling up renewable energy quickly enough to meet growing energy demand and address grid stability concerns.

Implications for India's Energy Transition

The slowdown in solar power growth and the rise in coal generation pose significant implications for India's energy transition and climate goals. While renewable energy remains central to India's long-term energy strategy, and as global renewables top 30% of electricity generation worldwide, the persistence of coal-fired power plants complicates efforts to reduce carbon emissions and mitigate climate change impacts. Balancing economic development, energy security, and environmental sustainability remains a complex challenge for policymakers.

Challenges and Opportunities

Addressing the challenges facing India's solar sector requires concerted efforts to streamline regulatory processes, improve grid infrastructure, and enhance financial mechanisms to attract investment. Encouraging greater private sector participation, promoting technology innovation, and expanding renewable energy storage capacity are essential to overcoming barriers and accelerating solar power deployment, as wind and solar have doubled their global share in recent years, demonstrating the pace possible.

Policy and Regulatory Framework

India's government plays a crucial role in fostering a conducive policy and regulatory framework to support renewable energy growth and phase out coal dependence, particularly as renewable power is set to shatter records worldwide. This includes implementing renewable energy targets, providing incentives for solar and other clean energy technologies, and addressing systemic barriers that hinder renewable energy adoption.

Path Forward

To accelerate India's energy transition and achieve its renewable energy targets, stakeholders must prioritize integrated energy planning, grid modernization, and sustainable development practices. Investing in renewable energy infrastructure, promoting energy efficiency measures, and fostering international collaboration on technology transfer and capacity building are key to unlocking India's renewable energy potential.

Conclusion

India stands at a crossroads in its energy transition journey, balancing the need to expand renewable energy capacity while managing the challenges associated with coal dependence. By addressing regulatory barriers, enhancing grid reliability, and promoting sustainable energy practices, India can navigate towards a more diversified and resilient energy future. Embracing innovation, strengthening policy frameworks, and fostering public-private partnerships will be essential in realizing India's vision of a cleaner, more sustainable energy landscape for generations to come.

 

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18% of electricity generated in Canada in 2019 came from fossil fuels

EV Decarbonization Strategy weighs life-cycle emissions and climate targets, highlighting mode shift to public transit, cycling, and walking, grid decarbonization, renewable energy, and charging infrastructure to cut greenhouse gases while reducing private car dependence.

 

Key Points

A plan to cut transport emissions by pairing EV adoption with mode shift, clean power, and less private car use.

✅ Prioritize mode shift: transit, cycling, and walking.

✅ Electrify remaining vehicles with clean, renewable power.

✅ Expand charging, improve batteries, and manage critical minerals.

 

California recently announced that it plans to ban the sales of gas-powered vehicles by 2035, a move similar to a 2035 electric vehicle mandate seen elsewhere, Ontario has invested $500 million in the production of electric vehicles (EVs) and Tesla is quickly becoming the world's highest-valued car company.

It almost seems like owning an electric vehicle is a silver bullet in the fight against climate change, but it isn't, as a U of T study explains today. What we should also be focused on is whether anyone should use a private vehicle at all.
 
As a researcher in sustainable mobility, I know this answer is unsatisfying. But this is where my latest research has led.

Battery EVs, such as the Tesla Model 3 - the best selling EV in Canada in 2020 - have no tailpipe emissions. But they do have higher production and manufacturing emissions than conventional vehicles, and often run on electricity that comes from fossil fuels.

Almost 18 per cent of the electricity generated in Canada came from fossil fuels in 2019, and even as Canada's EV goals grow more ambitious today, the grid mix varies from zero in Quebec to 90 per cent in Alberta.
 
Researchers like me compare the greenhouse gas emissions of an alternative vehicle, such as an EV, with those of a conventional vehicle over a vehicle lifetime, an exercise known as a life-cycle assessment. For example, a Tesla Model 3 compared with a Toyota Corolla can provide up to 75 per cent reduction in greenhouse gases emitted per kilometre travelled in Quebec, but no reductions in Alberta.

 

Hundreds of millions of new cars

To avoid extreme and irreversible impacts on ecosystems, communities and the overall global economy, we must keep the increase in global average temperatures to less than 2 C - and ideally 1.5 C - above pre-industrial levels by the year 2100.

We can translate these climate change targets into actionable plans. First, we estimate greenhouse gas emissions budgets using energy and climate models for each sector of the economy and for each country. Then we simulate future emissions, taking alternative technologies into account, as well as future potential economic and societal developments.

I looked at the U.S. passenger vehicle fleet, which adds up to about 260 million vehicles, while noting the potential for Canada-U.S. collaboration in this transition, to answer a simple question: Could the greenhouse gas emissions from the sector be brought in line with climate targets by replacing gasoline-powered vehicles with EVs?

The results were shocking. Assuming no changes to travel behaviours and a decarbonization of 80 per cent of electricity, meeting a 2 C target could require up to 300 million EVs, or 90 per cent of the projected U.S. fleet, by 2050. That would require all new purchased vehicles to be electric from 2035 onwards.

To put that into perspective, there are currently 880,000 EVs in the U.S., or 0.3 per cent of the fleet. Even the most optimistic projections, despite hype about an electric-car revolution gaining steam, from the International Energy Agency suggest that the U.S. fleet will only be at about 50 per cent electrified by 2050.

 

Massive and rapid electrification

Still, 90 per cent is theoretically possible, isn't it? Probably, but is it desirable?

In order to hit that target, we'd need to very rapidly overcome all the challenges associated with EV adoption, such as range anxiety, the higher purchase cost and availability of charging infrastructure.
 
A rapid pace of electrification would severely challenge the electricity infrastructure and the supply chain of many critical materials for the batteries, such as lithium, manganese and cobalt. It would require vast capacity of renewable energy sources and transmission lines, widespread charging infrastructure, a co-ordination between two historically distinct sectors (electricity and transportation systems) and rapid innovations in electric battery technologies. I am not saying it's impossible, but I believe it's unlikely.

Read more: There aren't enough batteries to electrify all cars - focus on trucks and buses instead

So what? Shall we give up, accept our collective fate and stop our efforts at electrification?

On the contrary, I think we should re-examine our priorities and dare to ask an even more critical question: Do we need that many vehicles on the road?

 

Buses, trains and bikes

Simply put, there are three ways to reduce greenhouse gas emissions from passenger transport: avoid the need to travel, shift the transportation modes or improve the technologies. EVs only tackle one side of the problem, the technological one.

And while EVs do decrease emissions compared with conventional vehicles, we should be comparing them to buses, including leading electric bus fleets in North America, trains and bikes. When we do, their potential to reduce greenhouse gas emissions disappears because of their life cycle emissions and the limited number of people they carry at one time.

If we truly want to solve our climate problems, we need to deploy EVs along with other measures, such as public transit and active mobility. This fact is critical, especially given the recent decreases in public transit ridership in the U.S., mostly due to increasing vehicle ownership, low gasoline prices and the advent of ride-hailing (Uber, Lyft)

Governments need to massively invest in public transit, cycling and walking infrastructure to make them larger, safer and more reliable, rather than expanding EV subsidies alone. And we need to reassess our transportation needs and priorities.

The road to decarbonization is long and winding. But if we are willing to get out of our cars and take a shortcut through the forest, we might get there a lot faster.

Author: Alexandre Milovanoff - Postdoctoral Researcher, Environmental Engineering, University of Toronto The Conversation

 

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U.S Bans Russian Uranium to Bolster Domestic Industry

U.S. Russian Uranium Import Ban reshapes nuclear fuel supply, bolstering energy security, domestic enrichment, and sanctions policy while diversifying reactor-grade uranium sources and supply chains through allies, waivers, and funding to sustain utilities and reliability.

 

Key Points

A U.S. law halting Russian uranium imports to boost energy security diversify nuclear fuel and revive U.S. enrichment.

✅ Cuts Russian revenue; reduces geopolitical risk.

✅ Funds U.S. enrichment; supports reactor fuel supply.

✅ Enables waivers to prevent utility shutdowns.

 

In a move aimed at reducing reliance on Russia and fostering domestic energy security for the long term, the United States has banned imports of Russian uranium, a critical component of nuclear fuel. This decision, signed into law by President Biden in May 2024, marks a significant shift in the U.S. nuclear fuel supply chain and has far-reaching economic and geopolitical implications.

For decades, Russia has been a major supplier of enriched uranium, a processed form of uranium used to power nuclear reactors. The U.S. relies on Russia for roughly a quarter of its enriched uranium needs, feeding the nation's network of 94 nuclear reactors operated by utilities which generate nearly 20% of the country's electricity. This dependence has come under scrutiny in recent years, particularly following Russia's invasion of Ukraine.

The ban on Russian uranium is a multifaceted response. First and foremost, it aims to cripple a key revenue stream for the Russian government. Uranium exports are a significant source of income for Russia, and by severing this economic tie, the U.S. hopes to weaken Russia's financial capacity to wage war.

Second, the ban serves as a national energy security measure. Relying on a potentially hostile nation for such a critical resource creates vulnerabilities. The possibility of Russia disrupting uranium supplies, either through political pressure or in the event of a wider conflict, is a major concern. Diversifying the U.S. nuclear fuel supply chain mitigates this risk.

Third, the ban is intended to revitalize the domestic uranium mining and enrichment industry, building on earlier initiatives such as Trump's uranium order announced previously. The U.S. has historically been a major uranium producer, but environmental concerns and competition from cheaper foreign sources led to a decline in domestic production. The ban, coupled with $2.7 billion in federal funding allocated to expand domestic uranium enrichment capacity, aims to reverse this trend.

The transition away from Russian uranium won't be immediate. The law includes a grace period until mid-August 2024, and waivers can be granted to utilities facing potential shutdowns if alternative suppliers aren't readily available. Finding new sources of enriched uranium will require forging partnerships with other uranium-producing nations like Kazakhstan, Canada on minerals cooperation, and Australia.

The long-term success of this strategy hinges on several factors. First, successfully ramping up domestic uranium production will require overcoming regulatory hurdles and addressing environmental concerns, alongside nuclear innovation to modernize the fuel cycle. Second, securing reliable alternative suppliers at competitive prices is crucial, and supportive policy frameworks such as the Nuclear Innovation Act now in law can help. Finally, ensuring the continued safe and efficient operation of existing nuclear reactors is paramount.

The ban on Russian uranium is a bold move with significant economic and geopolitical implications. While challenges lie ahead, the potential benefits of a more secure and domestically sourced nuclear fuel supply chain are undeniable. The success of this initiative will be closely watched not only by the U.S. but also by other nations seeking to lessen their dependence on Russia for critical resources.

 

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Cheaper electricity rate for customers on First Nations not allowed, Manitoba appeal court rules

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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