Energy Star for servers do not go far enough

By Reuters


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There's good news and bad news about the just-released Energy Star ratings for servers. The good news is that it exists. The bad news is that it doesn't go nearly far enough.

The new EPA Energy Star program requires that any server to get the Energy Star label needs to adhere to a variety of energy-saving requirements. According to the EPA, here's what servers that can carry the label will include:

• Efficient power supplies that generate less waste heat, reducing the need for excess air conditioning in the facilities where they are housed;

• Improved power quality, which provides building-wide efficiency benefits;

• Capabilities to measure real time power use, processor utilization, and air temperature, which improves manageability and lowers total cost of ownership;

• Advanced power management features to save energy across various operating states; and

• A power and performance data sheet for purchasers that standardizes key information on energy performance, features and other capabilities.

The EPA claims that on average, those servers that can carry the label will be 30% more energy efficient than comparable non-Energy Star servers. The EPA also claims that if every server sold in the U.S. met Energy Star requirements, the energy savings would eventually be $800 million per year, and would eliminate the equivalent of the greenhouse gas emissions of more than 1 million vehicles.

All that is certainly good. But the Energy Star label doesn't nearly go far enough. As a start, it doesn't cover blade servers. Blade servers are at the core of virtualization projects, which can save dramatic amounts of energy and money. Many data centers that are going green go with blade servers rather than traditional servers. In fact, it's likely that you'd use more energy if you bought Energy Star-labeled servers than if you bought blade servers, which can't get the Energy Star label.

The other problem is that the Energy Star specifications measure server use when the server is idle. Servers, by their very nature, are not designed to be idle. If a server is idle, you don't need it. And there's not necessarily a correlation between a server's energy use when idle compared to when it's being heavily used.

The upshot? The Energy Star label for servers is less than useful. Andrew Fanara, who heads the Energy Star product programs, told Infoworld that the agency is currently at work on a Tier 2 specification which will measure server energy use when a server actually does work. That spec may be out by January. When that's out, it will certainly be a step forward. I'm hoping the EPA will tackle blades as well.

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Jordan approves MOU to implement Jordan-Saudi Arabia electricity linkage

Jordan-Saudi Electricity Linkage Project connects NEPCO and Saudi National Electricity Company to launch feasibility studies, advancing cross-border grid interconnection, Arab electricity linkage goals, and enhancing power reliability, stability, and energy security in both countries.

 

Key Points

A bilateral grid interconnection by NEPCO and Saudi Electricity Co. to improve reliability and stability.

✅ Enables joint technical and financial feasibility studies

✅ Improves cross-border grid reliability and stability

✅ Part of Arab electricity linkage; supports energy security

 

The Jordanian Cabinet on has approved the memorandum of understanding to implement the electricity linkage project between Jordan and Saudi Arabia, echoing regional steps such as Lebanon's electricity sector reform to modernize power governance.

The memo will be signed between the National Electric Power Company(NEPCO) and the Saudi National Electricity Company, mirroring cross-border efforts like CEA-Mexico electricity cooperation to strengthen regional interconnections.

The agreement will enable the two sides to initiate technical and financial feasibility studies for the project, which aims to enhance the stability and reliability of electricity networks in both countries, aligning with measures to secure power such as Ireland's electricity supply plan pursued internationally.

The initial feasibility studies, which came as part of the comprehensive Arab electricity linkage issued by the Arab League in 2014, had shown the possibility of implementing the Jordanian-Saudi linkage, as electricity markets evolve in places like Alberta electricity market changes toward new designs.

Regional developments, including a Lebanon electricity goodwill gesture that sowed discord, underscore the complexities of power-sector reform.

Also on Wednesday, the Government approved the third amendment to the grant agreement provided by the EU for a programme of financial inclusion through improving the governance and the spread of micro-financing in Jordan.

Jordan and the EU signed the grant agreement on December 14, 2014 to support the general budget.

The Cabinet also approved the recommendations of the ministerial team tasked with overseeing the annual and financial plans of public credit funds in the Kingdom.

The recommendations included establishing a guidance office to introduce the governmental lending programmes and windows within Iradah centres affiliated with the Planning and International Cooperation Ministry.

The Council of Ministers decided to oblige the government institutions to execute all of their correspondences to the Jordan Customs Department (JCD) electronically.

The decision also includes cancelling the provision of 55 JCD services by conventional paper works and to be provided only online.

The council also approved the outcomes of the study to restructure the governmental body.

The outcomes proposed activating the Higher Health Council, cancelling the independence of the Vocational and Technical Employment Training Fund transferring its functions to the Employment and Development Fund, and activating the National ICT Centre.

The government has cancelled the National Fund to Support Sports and the Scientific Support Fund.

 

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The Great Debate About Bitcoin's Huge Appetite For Electricity Determining Its Future

Bitcoin Energy Debate examines electricity usage, mining costs, environmental impact, and blockchain efficiency, weighing renewable power, carbon footprint, scalability, and transaction throughput to clarify stakeholder claims from Tesla, Square, academics, and policymakers.

 

Key Points

Debate on Bitcoin mining's power use, environmental impact, efficiency, and scalability versus alternative blockchains.

✅ Compares energy intensity with transaction throughput and system outputs.

✅ Weighs renewables, stranded power, and carbon footprint in mining.

✅ Assesses PoS blockchains, stablecoins, and scalability tradeoffs.

 

There is a great debate underway about the electricity required to process Bitcoin transactions. The debate is significant, the stakes are high, the views are diverse, and there are smart people on both sides. Bitcoin generates a lot of emotion, thereby producing too much heat and not enough light. In this post, I explain the importance of identifying the key issues in the debate, and of understanding the nature and extent of disagreement about how much electrical energy Bitcoin consumes.

Consider the background against which the debate is taking place. Because of its unstable price, Bitcoin cannot serve as a global mainstream medium of exchange. The instability is apparent. On January 1, 2021, Bitcoin’s dollar price was just over $29,000. Its price rose above $63,000 in mid-April, and then fell below $35,000, where it has traded recently. Now the financial media is asking whether we are about to experience another “cyber winter” as the prices of cryptocurrencies continue their dramatic declines.

Central banks warns of bubble on bitcoins as it skyrockets
As bitcoins skyrocket to more than $12 000 for one BTC, many central banks as ECB or US Federal ... [+] NURPHOTO VIA GETTY IMAGES
Bitcoin is a high sentiment beta asset, and unless that changes, Bitcoin cannot serve as a global mainstream medium of exchange. Being a high sentiment beta asset means that Bitcoin’s market price is driven much more by investor psychology than by underlying fundamentals.

As a general matter, high sentiment beta assets are difficult to value and difficult to arbitrage. Bitcoin qualifies in this regard. As a general matter, there is great disagreement among investors about the fair values of high sentiment beta assets. Bitcoin qualifies in this regard.

One major disagreement about Bitcoin involves the very high demand for electrical power associated with Bitcoin transaction processing, an issue that came to light several years ago. In recent months, the issue has surfaced again, in a drama featuring disagreement between two prominent industry leaders, Elon Musk (from Tesla and SpaceX) and Jack Dorsey (from Square).

On one side of the argument, Musk contends that Bitcoin’s great need for electrical power is detrimental to the environment, especially amid disruptions in U.S. coal and nuclear power that increase supply strain.  On the other side, Dorsey argues that Bitcoin’s electricity profile is a benefit to the environment, in part because it provides a reliable customer base for clean electric power. This might make sense, in the absence of other motives for generating clean power; however, it seems to me that there has been a surge in investment in alternative technologies for producing electricity that has nothing to do with cryptocurrency. So I am not sure that the argument is especially strong, but will leave it there. In any event, this is a demand side argument.

A supply side argument favoring Bitcoin is that the processing of Bitcoin transactions, known as “Bitcoin mining,” already uses clean electrical power, power which has already been produced, as in hydroelectric plants at night, but not otherwise consumed in an era of flat electricity demand across mature markets.

Both Musk and Dorsey are serious Bitcoin investors. Earlier this year, Tesla purchased $1.5 billion of Bitcoin, agreed to accept Bitcoin as payment for automobile sales, and then reversed itself. This reversal appears to have pricked an expanding Bitcoin bubble. Square is a digital transaction processing firm, and Bitcoin is part of its long-term strategy.

Consider two big questions at the heart of the digital revolution in finance. First, to what degree will blockchain replace conventional transaction technologies? Second, to what degree will competing blockchain based digital assets, which are more efficient than Bitcoin, overcome Bitcoin’s first mover advantage as the first cryptocurrency?

To gain some insight about possible answers to these questions, and the nature of the issues related to the disagreement between Dorsey and Musk, I emailed a series of academics and/or authors who have expertise in blockchain technology.

David Yermack, a financial economist at New York University, has written and lectured extensively on blockchains. In 2019, Yermack wrote the following: “While Bitcoin and successor cryptocurrencies have grown remarkably, data indicates that many of their users have not tried to participate in the mainstream financial system. Instead they have deliberately avoided it in order to transact in black markets for drugs and other contraband … or evade capital controls in countries such as China.” In this regard, cyber-criminals demanding ransom for locking up their targets information systems often require payment in Bitcoin. Recent examples of cyber-criminal activity are not difficult to find, such as incidents involving Kaseya and Colonial Pipeline.

David Yermack continues: “However, the potential benefits of blockchain for improving data security and solving moral hazard problems throughout the financial system have become widely apparent as cryptocurrencies have grown.” In his recent correspondence with me, he argues that the electrical power issue associated with Bitcoin “mining,” is relatively minor because Bitcoin miners are incentivized to seek out cheap electric power, and patterns shifted as COVID-19 changed U.S. electricity consumption across sectors.

Thomas Philippon, also a financial economist at NYU, has done important work characterizing the impact of technology on the resource requirements of the financial sector. He has argued that historically, the financial sector has comprised about 6-to-7% of the economy on average, with variability over time. Unit costs, as a percentage of assets, have consistently been about 2%, even with technological advances. In respect to Bitcoin, he writes in his correspondence with me that Bitcoin is too energy inefficient to generate net positive social benefits, and that energy crisis pressures on U.S. electricity and fuels complicate the picture, but acknowledges that over time positive benefits might be possible.

Emin Gün Sirer is a computer scientist at Cornell University, whose venture AVA Labs has been developing alternative blockchain technology for the financial sector. In his correspondence with me, he writes that he rejects the argument that Bitcoin will spur investment in renewable energy relative to other stimuli. He also questions the social value of maintaining a fairly centralized ledger largely created by miners that had been in China and are now migrating to other locations such as El Salvador.

Bob Seeman is an engineer, lawyer, and businessman, who has written a book entitled Bitcoin: The Mother of All Scams. In his correspondence with me, he writes that his professional experience with Bitcoin led him to conclude that Bitcoin is nothing more than unlicensed gambling, a point he makes in his book.

David Gautschi is an academic at Fordham University with expertise in global energy. I asked him about studies that compare Bitcoin’s use of energy with that of the U.S. financial sector. In correspondence with me, he cautioned that the issues are complex, and noted that online technology generally consumes a lot of power, with electricity demand during COVID-19 highlighting shifting load profiles.

My question to David Gautschi was prompted by a study undertaken by the cryptocurrency firm Galaxy Digital. This study found that the financial sector together with the gold industry consumes twice as much electrical power as Bitcoin transaction processing. The claim by Galaxy is that Bitcoin’s electrical power needs are “at least two times lower than the total energy consumed by the banking system as well as the gold industry on an annual basis.”

Galaxy’s analysis is detailed and bottom up based. In order to assess the plausibility of its claims, I did a rough top down analysis whose results were roughly consistent with the claims in the Galaxy study. For sake of disclosure, I placed the heuristic calculations I ran in a footnote.1 If we accept the Galaxy numbers, there remains the question of understanding the outputs produced by the electrical consumption associated with both Bitcoin mining and U.S. banks’ production of financial services. I did not see that the Galaxy study addresses the output issue, and it is important.

Consider some quick statistics which relate to the issue of outputs. The total market for global financial services was about $20 trillion in 2020. The number of Bitcoin transactions processed per day was about 330,000 in December 2020, and about 400,000 in January 2021. The corresponding number for Bitcoin’s digital rival Ethereum during this time was about 1.1 million transactions per day. In contrast, the global number of credit card transactions per day in 2018 was about 1 billion.2

Bitcoin Value Falls
LONDON, ENGLAND - NOVEMBER 20: A visual representation of the cryptocurrencies Bitcoin and Ethereum ... [+] GETTY IMAGES
These numbers tell us that Bitcoin transactions comprise a small share, on the order of 0.04%, of global transactions, but use something like a third of the electricity needed for these transactions. That said, the associated costs of processing Bitcoin transactions relate to tying blocks of transactions together in a blockchain, not to the number of transactions. Nevertheless, even if the financial sector does indeed consume twice as much electrical power as Bitcoin, the disparity between Bitcoin and traditional financial technology is striking, and the experience of Texas grid reliability underscores system constraints when it comes to output relative to input.  This, I suggest, weakens the argument that Bitcoin’s electricity demand profile is inconsequential because Bitcoin mining uses slack electricity.

A big question is how much electrical power Bitcoin mining would require, if Bitcoin were to capture a major share of the transactions involved in world commerce. Certainly much more than it does today; but how much more?

Given that Bitcoin is a high sentiment beta asset, there will be a lot of disagreement about the answers to these two questions. Eventually we might get answers.

At the same time, a high sentiment beta asset is ill suited to being a medium of exchange and a store of value. This is why stablecoins have emerged, such as Diem, Tether, USD Coin, and Dai. Increased use of these stable alternatives might prevent Bitcoin from ever achieving a major share of the transactions involved in world commerce.

We shall see what the future brings. Certainly El Salvador’s recent decision to make Bitcoin its legal tender, and to become a leader in Bitcoin mining, is something to watch carefully. Just keep in mind that there is significant downside to experiencing foreign exchange rate volatility. This is why global financial institutions such as the World Bank and IMF do not support El Salvador’s decision; and as I keep saying, Bitcoin is a very high sentiment beta asset.

In the past I suggested that Bitcoin bubble would burst when Bitcoin investors conclude that its associated processing is too energy inefficient. Of course, many Bitcoin investors are passionate devotees, who are vulnerable to the psychological bias known as motivated reasoning. Motivated reasoning-based sentiment, featuring denial,3 can keep a bubble from bursting, or generate a series of bubbles, a pattern we can see from Bitcoin’s history.

I find the argument that Bitcoin is necessary to provide the right incentives for the development of clean alternatives for generating electricity to be interesting, but less than compelling. Are there no other incentives, such as evolving utility trends, or more efficient blockchain technologies? Bitcoin does have a first mover advantage relative to other cryptocurrencies. I just think we need to be concerned about getting locked into an technologically inferior solution because of switching costs.

There is an argument to made that decisions, such as how to use electric power, are made in markets with self-interested agents properly evaluating the tradeoffs. That said, think about why most of the world adopted the Windows operating system in the 1980s over the superior Mac operating system offered by Apple. Yes, we left it to markets to determine the outcome. People did make choices; and it took years for Windows to catch up with the Mac’s operating system.

My experience as a behavioral economist has taught me that the world is far from perfect, to expect to be surprised, and to expect people to make mistakes. We shall see what happens with Bitcoin going forward.

As things stand now, Bitcoin is well suited as an asset for fulfilling some people’s urge to engage in high stakes gambling. Indeed, many people have a strong need to engage in gambling. Last year, per capita expenditure on lottery tickets in Massachusetts was the highest in the U.S. at over $930.

High sentiment beta assets offer lottery-like payoffs. While Bitcoin certainly does a good job of that, it cannot simultaneously serve as an effective medium of exchange and reliable store of value, even setting aside the issue at the heart of the electricity debate.

 

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Atlantic Canadians less charged up to buy electric vehicle than rest of Canada

Atlantic Canada EV adoption lags, a new poll finds, as fewer buyers consider electric vehicles amid limited charging infrastructure, lower provincial rebates, and affordability pressures in Nova Scotia and Newfoundland compared to B.C. and Quebec.

 

Key Points

Atlantic Canada EV adoption reflects demand, shaped by rebates, charging access, costs, and the regional energy mix.

✅ Poll shows lowest purchase intent in Atlantic Canada

✅ Lack of rebates and charging slows EV consideration

✅ Income and energy mix affect affordability and benefits

 

Atlantic Canadians are the least likely to buy a car, truck or SUV in the next year and the most skittish about going electric, according to a new poll. 

Only 31 per cent of Nova Scotians are looking at buying a new or used vehicle before December 2021 rolls around. And just 13 per cent of Newfoundlanders who are planning to buy are considering an electric vehicle. Both those numbers are the lowest in the country. Still, 47 per cent of Nova Scotians considering buying in the next year are thinking about electric options, according to the numbers gathered online by Logit Group and analyzed by Halifax-based Narrative Research. That compares to 41 per cent of Canadians contemplating a vehicle purchase within the next year, with 54 per cent of them considering going electric. 

“There’s still a high level of interest,” said Margaret Chapman, chief operating officer at Narrative Research.  

“I think half of people who are thinking about buying a vehicle thinking about electric is pretty significant. But I think it’s a little lower in Atlantic Canada compared to other parts of the country probably because the infrastructure isn’t quite what it might be elsewhere. And I think also it’s the availability of vehicles as well. Maybe it just hasn’t quite caught on here to the extent that it might have in, say, Ontario or B.C., where the highest level of interest is.” 


Provincial rebates
Provincial rebates also serve to create more interest, she said, citing New Brunswick's rebate program as an example in the region. 

“There’s a $7,500 rebate on top of the $5,000 you get from the feds in B.C. But in Nova Scotia there’s no provincial rebate,” Chapman said. “So I think that kind of thing actually is significant in whether you’re interested in buying an electric vehicle or not.” 

The survey was conducted online Nov. 11–13 with 1,231 Canadian adults. 

Of the people across Canada who said they were not considering an electric vehicle purchase, 55 per cent said a provincial rebate would make them more likely to consider one, she said.  

In Nova Scotia, that number drops to 43 per cent. 

Nova Scotia families have the lowest median after-tax income in the country, according to numbers released earlier this year.  

The national median in 2018 was $61,400, according to Statistics Canada. Nova Scotia was at the bottom of the pack with $52,200, up from $51,400 in 2017. 

So big price tags on electric vehicles might put them out of reach for many Nova Scotians, and a recent cost-focused survey found similar concerns nationwide. 

“I think it’s probably that combination of cost and infrastructure,” Chapman said. 

“But you saw this week in the financial update from the federal government that they’re putting $150 million into new charging station, so were some of that cash to be spread in Atlantic Canada, I’m sure there would be an increase in interest … The more charging stations around you see, you think ‘Alright, it might not be so hard to ensure that I don’t run out of power for my car.’ All of that stuff I think will start to pick up. But right now it is a little bit lagging in Atlantic Canada, and in Labrador infrastructure still lags despite a government push in N.L. to expand EVs.” 


'Simple dollars and cents'
The lack of a provincial government rebate here for electric vehicles definitely factors into the equation, said Sean O’Regan, president and chief executive officer of O'Regan's Automotive Group.  

“Where you see the highest adoption are in the provinces where there are large government rebates,” he said. “It’s a simple dollars and cents (thing). In Quebec, when you combine the rebates it’s up to over $10,000, if not $12,000, towards the car. If you can get that kind of a rebate on a car, I don’t know that it would matter much what it was – it would help sell it.” 

A lot of people who want to buy electric cars are trying to make a conscious decision about the environment, O’Regan said. 

While Nova Scotia Power is moving towards renewable energy, he points out that much of our electricity still comes from burning coal and other fossil fuels, and N.L. lags in energy efficiency as the region works to improve.  

“So the power that you get is not necessarily the cleanest of power,” O’Regan said. “The green advantage is not the same (in Nova Scotia as it is in provinces that produce a lot of hydro power).” 

Compared to five years ago, the charging infrastructure here is a lot better, he said. But it doesn’t compare well to provinces including Quebec and B.C., though Newfoundland recently completed its first fast-charging network for electric car owners. 

“Certainly (with) electric cars – we're selling more and more and more of them,” O'Regan said, noting the per centage would be in the single digits of his overall sales. “But you're starting from zero a few years ago.” 

The highest number of people looking at buying electric cars was in B.C., with 57 per cent of those looking at buying a car saying they’d go electric, and even in southern Alberta interest is growing; like Bob Dylan in 1965 at the Newport Folk Festival.  

“The trends move from west to east across Canada,” said Jeff Farwell, chief executive officer of the All EV Canada electric car store in Burnside.  

“I would use the example of the craft beer market. It started in B.C. about 15 years before it finally went crazy in Nova Scotia. And if you look at Vancouver right now there’s (electric vehicles) everywhere.” 


Expectations high
Farwell expects electric vehicle sales to take off faster in Atlantic Canada than the craft beer market. “A lot faster.” 

His company also sells used electric vehicles in Prince Edward Island and is making moves to set up in Moncton, N.B. 

He’s been talking to Nova Scotia’s Department of Energy and Mines about creating rebates here for new and used electric vehicles. 

 “I guess they’re interested, but nothing’s happened,” Farwell said.  

Electric vehicles require “a bit of a lifestyle change,” he said. 

“The misconception is it takes a lot longer to charge a vehicle if it’s electric and gas only takes me 10 minutes to fill up at the gas station,” Farwell said.  

“The reality is when I go home at night, I plug my vehicle in,” he said. “I get up in the morning and I unplug it and I never have to think about it. It takes two seconds.”  
 

 

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Can California Manage its Solar Boom?

California Duck Curve highlights midday solar oversupply and steep evening peak demand, stressing grid stability. Solutions include battery storage, demand response, diverse renewables like wind, geothermal, nuclear, and regional integration to reduce curtailment.

 

Key Points

A mismatch between midday solar surplus and evening demand spikes, straining the grid without storage and flexibility.

✅ Midday solar oversupply forces curtailment and wasted clean energy.

✅ Evening ramps require fast, fossil peaker plants to stabilize load.

✅ Batteries, demand response, regional trading flatten the curve.

 

California's remarkable success in adopting solar power, including a near-100% renewable milestone, has created a unique challenge: managing the infamous "duck curve." This distinctive curve illustrates a growing mismatch between solar electricity generation and the state's energy demands, creating potential problems for grid stability and ultimately threatening to slow California's progress in the fight against climate change.


The Shape of the Problem

The duck curve arises from a combination of high solar energy production during midday hours and surging energy demand in the late afternoon and evening when solar power declines. During peak solar hours, the grid often has an overabundance of electricity, and curtailments are increasing as a result, while as the sun sets, demand surges when people return home and businesses ramp up operations. California's energy grid operators must scramble to make up this difference, often relying on fast-acting but less environmentally friendly power sources.


The Consequences of the Duck Curve

The increasing severity of the duck curve has several potential consequences for California:

  • Grid Strain: The rapid ramp-up of power sources to meet evening demand puts significant strain on the electrical grid. This can lead to higher operational costs and potentially increase the risk of blackouts during peak demand times.
  • Curtailed Energy: To avoid overloading the grid, operators may sometimes have to curtail excess solar energy during midday, as rising curtailment reports indicate, essentially wasting clean electricity that could have been used to displace fossil fuel generation.
  • Obstacle to More Solar: The duck curve can make it harder to add new solar capacity, as seen in Alberta's solar expansion challenges, for fear of further destabilizing the grid and increasing the need for fossil fuel-based peaking plants.


Addressing the Challenge

California is actively seeking solutions to mitigate the duck curve, aligning with national decarbonization pathways that emphasize practicality. Potential strategies include:

  • Energy Storage: Deploying large-scale battery storage can help soak up excess solar electricity during the day and release it later when demand peaks, smoothing out the duck curve.
  • Demand Flexibility: Encouraging consumers to shift their energy use to off-peak hours through incentives and smart grid technologies can help reduce late-afternoon surges in demand.
  • Diverse Power Sources: While solar is crucial, a balanced mix of energy sources, including geothermal, wind, and nuclear, can improve grid stability and reduce reliance on rapid-response fossil fuel plants.
  • Regional Cooperation: Integrating California's grid with neighboring states can aid in balancing energy supply and demand across a wider geographical area.


The Ongoing Solar Debate

The duck curve has become a central point of debate about the future of California's energy landscape. While acknowledging the challenge, solar advocates argue for continued expansion, backed by measures like a bill to require solar on new buildings, emphasizing the urgent need to transition away from fossil fuels. Grid operators and some utility companies call for a more cautious approach, emphasizing grid reliability and potential costs if the problem isn't effectively managed.


Balancing California's Needs and its Green Ambitions

Finding the right path forward is essential; it will determine whether California can continue to lead the way in solar energy adoption while ensuring a reliable and affordable electricity supply. Successfully navigating the duck curve will require innovation, collaboration, and a strong commitment to building a sustainable energy system, as wildfire smoke impacts on solar continue to challenge generation predictability.

 

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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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Nova Scotia regulator approves 14% electricity rate hike, defying premier

Nova Scotia Power Rate Increase 2023-2024 approved by the UARB lifts electricity rates 14 percent, citing fuel costs and investments, despite Bill 212; includes ROE 9 percent, decarbonization deferral, and a storm cost recovery rider.

 

Key Points

An approved UARB rate case raising electricity bills about 14% over 2023-2024, with ROE 9% and cost recovery tools.

✅ UARB approves average 6.9% annual increases for 2023 and 2024.

✅ Maintains 9% ROE; sets storm cost rider trial and decarbonization deferral.

✅ Government opposed via Bill 212, but settlement mostly upheld.

 

Nova Scotia regulators approved a 14 per cent electricity rate hike on Thursday, defying calls by Premier Tim Houston to reject the increase.

Rates will rise on average by 6.9 per cent each year in 2023 and 2024.

In Newfoundland and Labrador, the NL Consumer Advocate called an 18 per cent electricity rate hike unacceptable amid affordability concerns.

The Nova Scotia Utility and Review Board (UARB) issued a 203-page decision ratifying most of the elements in a settlement agreement reached between Nova Scotia Power and customer groups after Houston's government legislated a rate, spending and profit cap on the utility in November.

The board said approval was in the public interest and the increase is "reasonable and appropriate."

"The board cannot simply disallow N.S. Power's reasonable costs to make rates more affordable. These principles ensure fair rates and the financial health of a utility so it can continue to invest in the system providing services to its customers," the three-member panel wrote.

"While the board can (and has) disallowed costs found to be imprudent or unreasonable, absent such a finding, N.S. Power's costs must be reflected in the rates."

In addition to the 14 per cent hike, the board maintained Nova Scotia Power's current return on equity of 9 per cent, with an earnings band of 8.75 to 9.25 per cent. It agreed in principle to establish a decarbonization deferral account to pay for the retirement of coal plants and related decommissioning costs, and implemented a storm cost recovery rider for a three-year trial period.

The board rejected several items in the agreement, including rolling some Maritime Link transmission capital projects into consumers' rates.

Nova Scotia Power welcomed the ruling in a statement, describing it as "the culmination of an extensive and transparent regulatory process over the past year."

Natural Resources and Renewables Minister Tory Rushton, who has said the government cannot order lower power rates in Nova Scotia, stated the UARB decision was not what the government wanted, but he did not indicate the government has any plans to bring forward legislation to overturn it. 

"We're disappointed by the decision today. We've always been very clear that we were standing by ratepayers right from the get-go but we also respect the independent body of the UARB and their decision today."


Pressure from the province
Houston claimed the settlement breached his government's legislation, known as Bill 212 in Nova Scotia, which he said was intended to protect ratepayers. It capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

Bill 212 was passed after the board concluded weeks of public hearings into Nova Scotia Power's request for an electricity rate increase, its first general rate application in 10 years. Nova Scotia Power is a subsidiary of Halifax-based Emera, which is a publicly traded company.

The legislation triggered credit downgrades from two credit rating agencies who said it compromised the independence of the Nova Scotia Utility and Review Board.

In Newfoundland and Labrador, electricity users have begun paying for Muskrat Falls as project costs flow through rates, highlighting broader pressures on Atlantic Canada utilities.

In its decision, the board accepted that legislation was intended to protect ratepayers but did not preclude increases in rates.

"Given the exclusion of fuel and purchased power costs when these were expected to cause significant upward pressure on rates, it also did not preclude large increases in rates. Instead, the protection afforded by the Public Utilities Act amendments appears to be focused on N.S. Power's non-fuel costs, with several amendments targeting N.S. Power's cost of capital and earnings."

The board noted the province was the only intervenor in the rate case to object to the settlement.


Opposition reaction
Rushton said despite the outcome, Bill 212 achieved its goal, which was to protect ratepayers.

"Without Bill 212 the rates would have actually been higher," he said. "It would have double-digit rates for this year and next year and now it's single digits."

NDP Leader Claudia Chender said the end result is that Nova Scotians are still facing "incredibly unaffordable power."

Similar criticism emerged in Saskatchewan after an 8 per cent SaskPower increase, which the NDP opposed during provincial debates.

"It's really unfortunate for a lot of Nova Scotians who are heading into a freezing weekend where heat is not optional."

Chender said a different legislative approach is needed to change the regulatory system, and more needs to be done to help people pay their electricity bills.

Liberal MLA Kelly Regan echoed that sentiment.

"There are lots of people who can absorb this. There are a lot of people who cannot, and those are the people that we should be worried about right now. This is why we've been saying all along the government needs to actually give money directly to Nova Scotians who need help with power rates."

Rushton said the government has introduced programs to help Nova Scotians pay for heat, including raising the income threshold to access the Heating Assistance Rebate Program and creating incentives to install heat pumps.

Elsewhere, some governments have provided a lump-sum credit on electricity bills to ease short-term costs for households.

 

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