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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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BC Hydro COVID-19 Relief Fund enables small businesses to waive electricity bills for commercial properties during the pandemic, offering credits, rate support, and applications for eligible customers forced to temporarily close.

Key Points

A program that lets eligible small businesses waive up to three months of BC Hydro bills during COVID-19 closures.

✅ Eligible small general service BC Hydro accounts

✅ Up to 3 months of waived electricity charges

✅ Must be temporarily closed due to the pandemic

Businesses are taking advantage of a BC Hydro relief fund that allows electricity bills for commercial properties to be waived during the COVID-19 pandemic.

More than 3,000 applications have already been filed since the program launched on Wednesday, allowing commercial properties forced to shutter during the crisis to waive the expense for up to three months, while Ontario rate reductions are taking effect for businesses under separate measures. 

“To be eligible for the COVID-19 Relief Fund, business customers must be on BC Hydro’s small general service rate and have temporarily closed or ceased operation due to the COVID-19 pandemic,” BC Hydro said in a statement. “BC Hydro estimates that around 40,000 small businesses in the province will be eligible for the program.”

The program builds off a similar initiative BC Hydro launched last week for residential customers who have lost employment or income because of COVID-19, and parallels Ontario's subsidized hydro plan introduced to support ratepayers. So far, 57,000 B.C. residents have applied for the relief fund, which amounts to an estimated $16 million in credits, amid scrutiny over deferred BC Hydro operating costs reported by the auditor general.

Electricity use across B.C. has plummeted since the outbreak began. 

According to BC Hydro, daily consumption has fallen 13% in the first two weeks of April, aligning with electricity demand down 10% reports, compared to the three-year average for the same time period.

Electricity use has fallen 30% for recreation facilities, 29% in the restaurant sector and 27% in hotels, while industry groups such as Canadian Manufacturers & Exporters have supported steps to reduce prices. 

For more information about the COVID-19 Relief Fund and advice on avoiding BC Hydro scam attempts, go to bchydro.com/covid19relief.

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IEC-PETL Electricity Agreement streamlines grid management, debt settlement, and bank guarantees, shifting power supply, transmission, and distribution to PETL via IEC-built sub-stations, bolstering energy cooperation, utility billing, and payment assurance in PA areas.

Key Points

A 15-year deal transferring PA grid operations to PETL, settling legacy debt, and securing payments with bank guarantees.

✅ NIS 915 million repaid in 48 installments.

✅ PETL assumes distribution, O&M, and sub-station ownership.

✅ 15-year, NIS 2.8b per year supply and services contract.

The Palestinian Authority will pay Israel Electric NIS 915 million and take over management of its grid through Palestinian electricity supplier PETL.

The Israel Electric Corporation (IEC) (TASE: ELEC.B22) and Palestinian electricity supplier PETL have signed a draft commercial agreement under which the Palestinian Authority's (PA) debt of almost NIS 1 billion will be repaid. The agreement also transfers actual management of the supply of electricity to Palestinian customers from IEC to the Palestinian electricity authority, enabling consideration of distributed solutions such as a virtual power plant program in future planning.

Up until now, the IEC was unable to actually collect debts for electricity from Palestinian customers, because the connection with them was through the PA. Responsibility for collection will now be exclusively in Palestinian hands, with the PA providing hundreds of millions of shekels in bank guarantees for future debts. The agreement, which is valid for 15 years, amounts to an estimated NIS 2.8 billion a year, as of now.

IEC will sell electricity and related services to PETL through four high-tension sub-stations built by IEC for PETL and through high and low-tension connection points, similar to large interconnector projects like the Lake Erie Connector, for the purpose of distribution and supply of the electricity by PETL or an entity on its behalf to consumers in PA territory. PETL will have sole operational and maintenance responsibility for distribution and supply and ownership of the four sub-stations.

NIS 915 million in 48 payments

According to the IEC announcement, the settlement was reached following negotiations following the signing of an agreement in principle in September 2016 by the minister of finance, the government coordinator of activities in the territories, and the Palestinian minister for civilian affairs. The parties reached commercial understandings yesterday that made possible today's signing of the first commercial document of its kind regulating commercial relations - the sales of electricity - between the parties. The agreement will go into effect after it is approved by the IEC board of directors, the Public Utilities Authority (electricity), reflecting regulatory oversight akin to Ontario industrial electricity pricing consultations, and the IDF Chief Electrical Staff Officer. Representatives of IEC, the Ministry of Finance, the Public Utilities Authority (electricity), the government coordinator of activities in the territories, the civilian authority, the PA government, and PETL took part in the negotiations.

The agreement also settles the PA's historical debt to IEC. The PA will begin payment of NIS 915 million in debt for consumption of electricity before September 2016 to IEC Jerusalem District Ltd. in 48 equal installments after the final signing, as stipulated in the agreement in principle signed by the Israeli government and the PA on September 13, 2016.

The PA's debt for electricity amounted to almost NIS 2 billion in 2016. The initial spadework for the current debt settlement was accomplished in that year, after the parties reached understandings on writing off NIS 500 million of the Palestinian debt. The PA paid NIS 600 million in October 2016, and the remainder will be paid now.

It was also reported that an arrangement of securities and guarantees to ensure payment to IEC under the agreement had been settled, including the past debt. IEC will obtain a bank guarantee and a PA guarantee, in addition to the existing collection mechanisms at the company's disposal.

Minister of Finance Moshe Kahlon said, "Signing the commercial agreement is a historic step completing the agreement signed by the governments in September 2016. Strengthening economic cooperation between Israel and the PA is above all an Israeli security interest. The agreement will ensure future payments to the IEC and reinforce its financial position. I congratulate the negotiating teams for the completion of their task."

Minister of National Infrastructure, Energy, and Water Resources Dr. Yuval Steinitz said, "In my meeting last year with Palestinian Prime Minister Rami Hamdallah in Jenin, we agreed that it was necessary to settle the debt and formalize relations between IEC and the PA. The settlement signed today is a breakthrough, both in the measures for payment of the Palestinian debt to IEC and Israel and in arranging future relations to prevent more debts from emerging in the future. With the signing of the agreement, we will be able to make progress with the Palestinians in developing a modern electrical grid, aligning with regional initiatives like the Cyprus electricity highway, according to the model of the sub-station we inaugurated in Jenin."

IEC chairperson Yiftah Ron Tal said, "This is a historic event. In this agreement, IEC is correcting for the first time a historical distortion of accumulated debt without guarantees, ability to collect it, or control over the amount of debt. This anchor agreement not only constitutes an unprecedented financial achievement; it also constitutes an important milestone in regulating electricity commercial relations between the Israeli and Palestinian electric companies, comparable to cross-border efforts such as the Ireland-France interconnector in Europe."

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EU Electricity Price Limits are proposed by the European Commission to curb contagion from gas prices, bolster energy security, stabilize the power market, and manage inflation via LNG imports, gas storage, and reduced demand.

Key Points

Temporary power-price caps to curb gas contagion, shield consumers, and bolster EU energy security.

✅ Limits decouple electricity from volatile gas benchmarks

✅ Short-term LNG imports and storage to enhance supply security

✅ Market design reforms and demand reduction to tame prices

The European Union should consider emergency measures in the coming weeks that could include price cap strategies on electricity prices, European Commission President Ursula von der Leyen told leaders at an EU summit in Versailles.

The reference to the possible measures was contained in a slide deck Ms. von der Leyen used to discuss efforts to curb the EU’s reliance on Russian energy imports, which last year accounted for about 40% of its natural-gas consumption. The slides were posted to Ms. von der Leyen’s Twitter account.

Russia’s invasion of Ukraine has highlighted the vulnerability of Europe’s energy supplies to severe supply disruptions and raised fears that imports could be cut off by Moscow or because of damage to pipelines that run across Ukraine. It has also driven energy prices up sharply, contributing to worries about inflation and economic growth.

Earlier this week, the European Commission, the EU’s executive arm, published the outline of a plan that it said could cut imports of Russian natural gas by two-thirds this year and end the need for those imports entirely before 2030, aligning with calls to ditch fossil fuels in Europe. In the short-term, the plan relies largely on storing natural gas ahead of next winter’s heating season, reducing consumption and boosting imports of liquefied natural gas from other producers.

The Commission acknowledged in its report that high energy prices are rippling through the economy, even as European gas prices have fallen back toward pre-war levels, raising manufacturing costs for energy-intensive businesses and putting pressure on low-income households. It said it would consult “as a matter of urgency” and propose options for dealing with high prices.

The slide deck used by Ms. von der Leyen on Thursday said the Commission plans by the end of March to present emergency options “to limit the contagion effect of gas prices in electricity prices, including temporary price limits, even though rolling back electricity prices can be complex under current market rules.” It also intends this month to set up a task force to prepare for next winter and a proposal for a gas storage policy.

By mid-May, the Commission will set out options to revamp the electricity market and issue a proposal for phasing out EU dependency on Russian fossil fuels by 2027, according to the slides.

French President Emmanuel Macron said Thursday that Europe needs to protect its citizens and companies from the increase in energy prices, adding that some countries, including France, have already taken some national measures.

“If this lasts, we will need to have a more long-lasting European mechanism,” he said. “We will give a mandate to the Commission so that by the end of the month we can get all the necessary legislation ready.”

The problem with price limits is that they reduce the incentive for people and businesses to consume less, said Daniel Gros, distinguished fellow at the Centre for European Policy Studies, a Brussels think tank. He said low-income families and perhaps some businesses will need help dealing with high prices, but that should come as a lump-sum payment that isn’t tied to how much energy they are consuming.

“The key will be to let the price signal work,” Mr. Gros said in a paper published this week, which argued that high energy prices could result in lower demand in Europe and Asia, reducing the need for Russian natural gas. “Energy must be expensive so that people save energy,” he said.

Ms. von der Leyen’s slides suggest the EU hopes to replace 60 billion cubic meters of Russian gas with alternative suppliers, including suppliers of liquefied natural gas, by the end of this year. Another 27 billion cubic meters could be replaced through a combination of hydrogen and EU production of biomethane, according to the slide deck.

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Futaba Partial Reopening marks limited access to the Fukushima exclusion zone, highlighting radiation decontamination progress, the train station restart, and regional recovery ahead of the Tokyo Olympics after the 2011 nuclear disaster and evacuation.

Key Points

A lift of entry bans in Futaba, signaling Fukushima recovery, decontamination progress, and a train station restart.

✅ Unrestricted access to 2.4 km² around Futaba Station

✅ Symbolic step ahead of Tokyo Olympics torch relay

✅ Decommissioning and decontamination to span decades

Japan's government on Wednesday opened part of the last town that had been off-limits due to radiation since the Fukushima nuclear disaster nine years ago, in a symbolic move to show the region's recovery ahead of the Tokyo Olympics, even as grid blackout risks have drawn scrutiny nationwide.

The entire population of 7,000 was forced to evacuate Futaba after three reactors melted down due to damage at the town's nuclear plant caused by a magnitude 9. 0 quake and tsunami March 11, 2011.

The partial lifting of the entry ban comes weeks before the Olympic torch starts from another town in Fukushima, as new energy projects like a large hydrogen system move forward in the prefecture. The torch could also arrive in Futaba, about 4 kilometres (2.4 miles) from the wrecked nuclear plant.

Unrestricted access, however, is only being allowed to a 2.4 square-kilometre (less than 1 square-mile) area near the main Futaba train station, which will reopen later this month to reconnect it with the rest of the region for the first time since the accident. The vast majority of Futaba is restricted to those who get permission for a day visit.

The three reactor meltdowns at the town's Fukushima Dai-ichi nuclear power plant spewed massive amounts of radiation that contaminated the surrounding area and at its peak, forced more than 160,000 people to flee, even as regulators later granted TEPCO restart approval for a separate Niigata plant elsewhere in Japan.

The gate at a checkpoint was opened at midnight Tuesday, and Futaba officials placed a signboard at their new town office, at a time when the shutdown of Germany's last reactors has reshaped energy debates abroad.

“I'm overwhelmed with emotion as we finally bring part of our town operations back to our home town," said Futaba Mayor Shiro Izawa. “I pledge to steadily push forward our recovery and reconstruction."

Town officials say they hope to see Futaba’s former residents return, but prospects are grim because of lingering concern about radiation, and as Germany's nuclear exit underscores shifting policies abroad. Many residents also found new jobs and ties to communities after evacuating, and only about 10% say they plan to return.

Futaba's registered residents already has decreased by 1,000 from its pre-disaster population of 7,000. Many evacuees ended up in Kazo City, north of Tokyo, after long bus trips, various stopovers and stays in shelters at an athletic arena and an abandoned high school. The town's government reopened in a makeshift office in another Fukushima town of Iwaki, while abroad projects like the Bruce reactor refurbishment illustrate long-term nuclear maintenance efforts.

Even after radiation levels declined to safe levels, the region's farming and fishing are hurt by lingering concerns among consumers and retailers. The nuclear plant is being decommission in a process that will take decades, with spent fuel removal delays extending timelines, and it is building temporary storage for massive amounts of debris and soil from ongoing decontamination efforts.

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Manitoba Hydro Allegations Investigation reveals RCMP and OPP probes into 1960s abuses in northern Manitoba, affecting Fox Lake Cree Nation, citing racism, discrimination, sexual assault, and oversight by the IIU and Clean Environment Commission.

Key Points

A coordinated probe into historic abuses tied to Manitoba Hydro projects, led by OPP and IIU after RCMP referral.

✅ OPP to investigate historical cases involving Hydro staff and contractors.

✅ IIU to examine any allegations implicating Manitoba RCMP officers.

✅ Findings follow CEC report on racism and abuse near Fox Lake.

Manitoba RCMP have called in outside investigators to probe alleged assaults linked to hydro projects in the province’s north during the 1960s.

RCMP say any historical criminal investigations involving Manitoba Hydro employees or contractors will be handled by the Ontario Provincial Police.

The Independent Investigation Unit of Manitoba, the province’s police watchdog, will investigate any allegations involving RCMP officers.

A report released last month by an arm’s-length review agency outlined racism, discrimination and sexual abuse at the Crown-owned utility’s work sites dating back decades, while projects like Site C COVID-19 updates provide contemporary examples of reporting.

Much of the development at that time was centered around the community of Gillam and the nearby Fox Lake Cree Nation.

The report said the presence of a largely male construction workforce led to the sexual abuse of Indigenous women, some of whom said their complaints were ignored by the RCMP, and in a different context, Hydro One worker injury highlights safety risks in the sector.

Premier Brian Pallister says his government is taking the right approach to addressing alleged sexual assaults and racism by Manitoba Hydro workers against members of a remote northern First Nation, while pandemic cost-cutting at Manitoba Hydro has shaped recent operations.

Pallister made his first public comments about the allegations after a private meeting with Prime Minister Justin Trudeau on Tuesday evening, as COVID-19 reshaped Saskatchewan and other Prairie priorities were in focus.

The allegations, made by members of Fox Lake Cree Nation, were revealed in a report produced by the Clean Environment Commission. The report was released by the provincial government in August, although it was completed in May.

Allegations against Manitoba Hydro workers: What you need to know

"My reaction would be that's deplorable behaviour, and I have to admit, my puzzlement is why this wasn't investigated sooner or didn't come to light sooner," Pallister said, adding that he believes his government has taken the right approach by referring the information to the RCMP.

Some members of Fox Lake Cree Nation say the government didn't give them any advance notice of the release of the report, so the community was traumatized when it hit the news.

Pallister said his government didn't want to delay the release of the report.

'Pure trauma': Fox Lake members stricken after hasty release of troubling report

"I think the right thing to do is release the report. A lot of this information was in the public domain over the last number of weeks and months anyway. It wasn't the case of it being new in that respect," he said.

However, he accepted criticism of the timeline of the report's release.

"I would rather accept those criticisms, than accept the argument that we were in any way covering up information that is important to be released," he said.

Fox Lake Chief Walter Spence has said he expects Pallister to visit the community.

The premier said Tuesday he was not sure of the effectiveness of such a trip.

"I think most of the communities would prefer that there be electricity jobs for young Canadians created in their communities, that there be better water, many other tangible things rather than symbolism," he said.

"That's what I'm hearing and I've been in dozens of First Nations communities in the last two years."

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