Clean-coal tax credits going to federal court

Hydro One Avista takeover rejection signals Washington regulators blocking a utility acquisition over governance risk, EPS dilution, and balance sheet impact, as investors applaud share price gains and a potential US$103M break fee.

Key Points

A regulator-led block of Hydro One's Avista bid, citing EPS dilution, balance sheet risk, and governance concerns.

✅ Washington denies approval; Idaho, Oregon decisions pending.

✅ EPS dilution avoided; balance sheet strength preserved.

✅ Shares rise 5.7%; US$103M break fee if deal collapses.

Opposition politicians may not like it but investors are applauding the rejection of Hydro One Ltd.'s $6.7-billion Avista takeover of U.S.-based utility Avista Corp.

Shares in the power company controlled by the Ontario government, which has also proposed a bill redesign to simplify statements, closed at $21.53, up $1.16 or 5.7 per cent, on the Toronto Stock Exchange on Thursday.

On Wednesday, Washington State regulators said they would not allow Ontario's largest utility to buy Avista over concerns about political risk that the provincial government, which owns 47 per cent of Hydro One's shares, might meddle in Avista's operations.

Financial analysts had predicted investors would welcome the news because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet.

"The Washington regulator's denial of Avista is a positive development for the shares, in our opinion," said analyst Ben Pham of BMO Capital Markets in a report on Wednesday.

"While this may sound odd, we note that the Avista deal is expected to be EPS dilutive and result in a weaker balance sheet for (Hydro One). Not acquiring Avista and refocusing its attention on its core Ontario franchise ... along with related interprovincial arrangements such as the Ontario-Quebec electricity deal under discussion would likely be viewed positively if the deal ultimately breaks."

Decisions are yet to come from Idaho and Oregon state regulators, but Washington was probably the most important as the state contains customers making up about 60 per cent of Avista's rate base, Pham said.

He pointed out that a US$103-million break fee is to be paid to Avista if the deal collapses due to a failure to obtain regulatory approval.

CIBC analyst Robert Catellier raised his 12-month Hydro One target price by 25 cents and said many shareholders will feel "relieved" that the deal had failed.

He warned that the company's earnings power could deteriorate as the province seeks to reduce power bills by 12 per cent, despite an Ontario-Quebec hydro deal that may not lower costs.

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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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NB Power eCharge Network expands EV charging in New Brunswick with fast chargers, level 2 stations, Trans-Canada Highway coverage, and green infrastructure, enabling worry-free electric vehicle travel and lower emissions across the province.

Key Points

NB Power eCharge Network is a provincewide EV charging system with fast and level 2 stations for reliable travel.

✅ 15 fast-charging sites on Trans-Canada and northern New Brunswick

✅ Level 2 stations at highways, municipalities, and businesses

✅ 20-30 minute DC fast charging; cut emissions ~80% and fuel ~75%

NB Power announced Friday the eCharge Network, the province’s first electric vehicle charging network aimed at giving drivers worry-free travel everywhere in the province.

The network includes 15 locations along the province’s busiest highways where both fast-chargers and level-2 chargers will be available. In addition, nine level-2 chargers are already located at participating municipalities and businesses throughout the province. The new locations will be installed by the end of 2017.

NB Power is working with public and private partners to add to the network to enable electric vehicle owners to drive with confidence and to encourage others to make the switch from gas to electric vehicles, supported by a provincial rebate program now available.

“We are incredibly proud to offer our customers and visitors to New Brunswick convenient charging with the launch of our eCharge Network,” said Gaëtan Thomas, president and CEO of NB Power. “Our goal is to make it easy for owners of electric vehicles to drive wherever they choose in New Brunswick, and to encourage more drivers to consider an electric vehicle for their next purchase.”

An electric vehicle owner in New Brunswick can shrink their vehicle carbon footprint by about 80 per cent while reducing their fuel-related costs by about 75 per cent, according to NB Power, and broader grid benefits are being explored through Nova Scotia's vehicle-to-grid pilot across the region.

In addition to the network of standard charging stations, the eCharge network will also include 400 volt fast-charging stations along the Trans-Canada Highway and in the northern parts of New Brunswick. The first of their kind in New Brunswick, these 15 fast-charging stations, similar to Newfoundland and Labrador's newly completed fast-charging network connecting communities, will enable all-electric vehicles to recharge in as little as 20 to 30 minutes. Fast-charge sites will include standard level-2 stations for both battery electric vehicles and plug-in hybrids.

NB Power will install fast-charge and level-2 sites at five locations throughout northern New Brunswick, addressing northern coverage challenges seen elsewhere, such as Labrador's infrastructure gaps today, which will be cost-shared with government. Locations include the areas of Saint-Quentin/Kedgwick, Campbellton, Bathurst, Tracadie, and Miramichi.

“Our government understands that embracing the green economy and reducing our carbon footprint is a priority for New Brunswickers,” said Environment and Local Government Minister Serge Rousselle. “Our climate change action plan calls for a collaborative approach to creating the strategic infrastructure to support electric vehicles throughout all regions in the province, and we are pleased to see this important step underway. New Brunswickers will now have the necessary network to adopt new methods of transportation and contribute to our provincial plan to increase the number of electric vehicles on the road and will help meet emission reduction targets as we work to combat climate change.”

An investment of $500,000 from Natural Resources Canada will go towards purchasing and installing the charging stations for the 10 fast-charging stations along the Trans-Canada Highway.

“The eCharge Network will make it easier for Canadians to choose cleaner options and helps put New Brunswick’s transportation system on a path to a lower-carbon future,” said Moncton-Riverview-Dieppe MP Ginette Petitpas Taylor. “The Government of Canada continues to support green infrastructure in the transportation sector that will advance Canada’s efforts to build a clean economy, create well-paying jobs, and achieve our climate change goals.”

Petitpas Taylor attended for federal Natural Resources Minister Jim Carr.

Fast chargers are being installed at the following locations along the Trans-Canada Highway across New Brunswick:

– Irving Big Stop, Aulac

– Edmundston Truck Stop

– Irving Big Stop, Saint-André

– Johnson Guardian, Perth-Andover

– Murray’s Irving, Woodstock

– Petro-Canada / Acorn Restaurant, Prince William

– Irving Big Stop, Waasis

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Tesla Supercharger Billing Update details kWh-based pricing that now includes HVAC, battery thermal management, and other HV loads during charging sessions, improving cost transparency across pay-per-use markets and extreme climate scenarios.

Key Points

Tesla's update bills for kWh used by HVAC, battery heating, and HV loads during charging, reflecting true energy costs.

✅ kWh charges now include HVAC and battery thermal management

✅ Expect 10-25 kWh increases in extreme climates during sessions

✅ Some regions still bill per minute due to regulations

Tesla has updated its Supercharger billing policy to add the cost of electricity use for things other than charging, like HVAC, battery thermal management, etc, while charging at a Supercharger station, a shift that impacts overall EV charging costs for drivers. 

For a long time, Tesla’s Superchargers were free to use, or rather the use was included in the price of its vehicles. But the automaker has been moving to a pay-to-use model over the last two years in order to finance the growth of the charging network amid the Biden-era charging expansion in the United States.

Not charging owners for the electricity enabled Tesla to wait on developing a payment system for its Supercharger network.

It didn’t need one for the first five years of the network, and now the automaker has been fine-tuning its approach to charge owners for the electricity they consume as part of building better charging networks across markets.

At first, it meant fluctuating prices, and now Tesla is also adjusting how it calculates the total power consumption.

Last weekend, Tesla sent a memo to its staff to inform them that they are updating the calculation used to bill Supercharging sessions in order to take into account all the electricity used:

The calculation used to bill for Supercharging has been updated. Owners will also be billed for kWhs consumed by the car going toward the HVAC system, battery heater, and other HV loads during the session. Previously, owners were only billed for the energy used to charge the battery during the charging session.

Tesla says that the new method should more “accurately reflect the value delivered to the customer and the cost incurred by Tesla,” which mirrors recent moves in its solar and home battery pricing strategy as well.

The automaker says that customers in “extreme climates” could see a difference of 10 to 25 kWh for the energy consumed during a charging session:

Owners may see a noticeable increase in billed kWh if they are using energy-consuming features while charging, e.g., air conditioning, heating etc. This is more likely in extreme climates and could be a 10-25 kWh difference from what a customer experienced previously, as states like California explore grid-stability uses for EVs during peak events.

Of course, this is applicable where Tesla is able to charge by the kWh for charging sessions. In some markets, regulations push Tesla to charge by the minute amid ongoing fights over charging control between utilities and private operators.

Electrek’s Take
It actually looks like an oversight from Tesla in the first place. It’s fair to charge for the total electricity used during a session, and not just what was used to charge your battery pack, since Tesla is paying for both, even as some states add EV ownership fees like the Texas EV fee that further shape costs.

However, I wish Tesla would have a clearer way to break down the charging sessions and their costs.

There have been some complaints about Tesla wrongly billing owners for charging sessions, and this is bound to create more confusion if people see a difference between the kWhs gained during charging and what is shown on the bill.

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Alberta-BC Pipeline Dispute centers on Trans Mountain expansion, diluted bitumen shipments, federal approval, spill response capacity, and electricity trade, as Alberta suspends power talks and Ottawa insists the Kinder Morgan project proceeds in national interest.

Key Points

Dispute over Trans Mountain expansion, bitumen limits, and jurisdiction between Alberta, B.C., and Canada.

✅ Alberta suspends BC electricity talks as leverage

✅ Ottawa affirms federal approval and spill response

✅ BC plans advisory panel on diluted bitumen risks

Alberta Premier Rachel Notley says her government is suspending talks with British Columbia on the purchase of electricity from the western province.

It’s the first step in Alberta’s fight against the B.C. government’s proposal to obstruct the Kinder Morgan oil pipeline expansion project by banning increased shipments of diluted bitumen to the province’s coast.

Up to $500 million annually for B.C.’s coffers from electricity exports hangs in the balance, Notley said.

“We’re prepared to do what it takes to get this pipeline built — whatever it takes,” she told a news conference Thursday after speaking with Prime Minister Justin Trudeau on the phone.

Notley said she told Trudeau, who’s in Edmonton for a town-hall meeting, that the federal government needs to act decisively to end the dispute.

Speaking on Edmonton talk radio station CHED earlier in the day, Trudeau said the pipeline expansion is in the national interest and will go ahead, even as the federal government undertakes a study on electrification across sectors.

“That pipeline is going to get built,” Trudeau said. “We will stand by our decision. We will ensure that the Kinder Morgan pipeline gets built.”

B.C.’s environment minister has said his minority government plans to ban increased shipments until it can determine that shippers are prepared and able to properly clean up a spill, and, separately, has implemented an electricity rate freeze affecting consumers. He said he will establish an independent scientific advisory panel to study the issue.

The move infuriated Notley, who has accused B.C. of trying to change the rules after the federal government gave the project the green light. B.C. has the right to regulate how any spills would be cleaned up, but can’t dictate what flows through pipelines, she said.

Trudeau said Canada needs to get Alberta’s oil safely to markets other than the U.S. energy market today. He said the federal government did the research and has spent billions on spill response.

“The Kinder Morgan pipeline is not a danger to the B.C. coast,” he said.

Notley said she thanked Trudeau for his assurance that the project will go ahead, but the federal government has to do more to ensure the pipeline’s expansion.

“This is not an Alberta-B.C. issue. This is a Canada-B.C. issue,” she said. “This kind of uncertainty is bad for investment and bad for working people

“Enough is enough. We need to get these things built.”

B.C. Premier John Horgan said his government consulted Alberta and Ottawa about his province’s intentions, noting that Columbia River Treaty talks also shape regional electricity policy.

“I don’t see what the problem is,” Horgan said Thursday at a school opening north of Kelowna, B.C. “It’s within our jurisdiction to put in place regulations to protect the public interest.

“That’s what we are doing.”

He downplayed any possibility of court action or sanctions by Alberta.

“There’s nothing to take to court,” Horgan said. “We are consulting with the people of B.C. It’s way too premature to talk about those sorts of issues.

“Sabre-rattling doesn’t get you very far.”

Speaking in Ottawa, Natural Resources Minister Jim Carr wouldn’t say what Canada might do if British Columbia implements its regulation.

“That’s speculative,” said Carr.

He noted at this point, B.C. has just pledged to consult. He said the federal government heard from thousands of people before the pipeline was approved.

“That’s what they have announced — an intention to consult. We have already consulted.”

B.C.’s proposal creates more uncertainty for Kinder Morgan’s already-delayed Trans Mountain expansion project that would nearly triple the capacity of its pipeline system to 890,000 barrels a day.

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India Renewable Energy Surge 2024 signals coal's decline as solar and wind capacity soar, aided by policy incentives, grid upgrades, energy storage, and falling costs, accelerating decarbonization and clean power growth.

Key Points

Q1 2024 saw renewables outpace coal in new capacity, led by cheaper solar, wind, policy support, and storage.

✅ 71.5% of new Q1 capacity came from renewables

✅ Solar and wind expand on falling costs and faster permitting

✅ Grid integration needs storage, skills, and just transition

In a landmark shift for the world's second-most populous nation, coal has finally been dethroned as the king of India's energy supply. The first quarter of 2024 saw a historic surge in renewable energy capacity, particularly on-grid solar development across states, pushing its share of power generation past 71.5%. This remarkable feat marks a turning point in India's journey towards a cleaner and more sustainable energy future.

For decades, coal has been the backbone of India's power sector, fueling rapid economic growth but also leading to concerning levels of air pollution. However, a confluence of factors has driven this dramatic shift, even as coal generation surges create short-term fluctuations in the mix. Firstly, the cost of solar and wind power has plummeted in recent years, making them increasingly competitive with coal. Secondly, the Indian government has set ambitious renewable energy targets, aiming for 50% of cumulative power generation capacity from non-fossil fuel sources by 2030. Thirdly, growing public awareness about the environmental impact of coal has spurred a demand for cleaner alternatives.

This surge in renewables is not just about replacing coal. The first quarter of 2024 witnessed a record-breaking addition of 13,669 megawatts (MW) of power generation capacity, with renewables accounting for a staggering 71.5% of that figure, aligning with 30% global renewable electricity milestones seen worldwide. This rapid expansion is driven by factors like falling equipment costs, streamlined permitting processes, and attractive government incentives. Solar and wind energy are leading the charge, and in other major markets renewables are projected to reach one-fourth of U.S. generation in the near term, with large-scale solar farms and wind turbine installations dotting the Indian landscape.

The transition away from coal presents both opportunities and challenges. On the positive side, cleaner air will lead to significant health benefits for millions of Indians. Additionally, India can establish itself as a global leader in the renewable energy sector, attracting investments and creating new jobs, echoing how China's solar PV expansion reshaped markets in the previous decade. However, challenges remain. Integrating such a large amount of variable renewable energy sources like solar and wind into the grid requires robust energy storage solutions. Furthermore, millions of jobs in the coal sector need to be transitioned to new opportunities in the green economy.

Despite these challenges, India's move towards renewables is a significant development with global implications, as U.S. renewable electricity surpassed coal in 2022, underscoring broader momentum. It demonstrates the growing viability of clean energy solutions and paves the way for other developing nations to follow suit. India's success story can inspire a global shift towards a more sustainable energy future, one powered by the sun, wind, and other renewable resources.

Looking ahead, continued government support, technological advancements, and innovative financing mechanisms will be crucial for sustaining India's renewable energy momentum. The future of India's energy sector is undoubtedly bright, fueled by the clean and abundant power of the sun and the wind, as wind and solar surpassed coal in the U.S. in recent comparisons. The world will be watching closely to see if India can successfully navigate this energy transition, setting an example for other nations struggling to balance development with environmental responsibility.

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