Another reactor, another problem

By Reuters


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Electricity wholesaler Japan Atomic Power Co said it would consider shutting a reactor at its Tsuruga nuclear plant due to a technical problem, adding that there had been no radiation leak from the facility.

The plant is around 450 km 280 miles west of Tokyo in Fukui prefecture, an area that was not affected by a massive earthquake and subsequent tsunami that hit Japan on March 11.

The company said it had identified a possible leak of iodine from the 1,160-megawatt No.2 reactor's nuclear fuel assemblies into its coolant.

Japan's Fukushima Daiichi nuclear reactor complex, run by Tokyo Electric Power Co, was hit by the quake and tsunami, touching off the world's worst nuclear crisis since Chernobyl in 1986 as radiation from damaged reactors spewed into the surroundings.

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NY Governor Cuomo Announces Green New Deal Included in 2019 Executive Budget

New York Green New Deal accelerates clean energy and climate action, targeting carbon neutrality with renewable energy, offshore wind, solar, energy storage, and green jobs while advancing environmental justice and economy-wide decarbonization.

 

Key Points

New York's plan for 100% clean power by 2040 and 70% renewables by 2030, with a just transition and green jobs.

✅ 100% carbon-free electricity by 2040; 70% renewables by 2030

✅ 9,000 MW offshore wind and 3,000 MW energy storage targets

✅ Just transition focuses on jobs, equity, and affordability

 

New York Governor Andrew M. Cuomo announced the Green New Deal, a nation-leading clean energy and jobs agenda that will aggressively put New York State on a path to net-zero electricity and economy-wide carbon neutrality, is included in the 2019 Executive Budget. The landmark plan provides for a just transition to clean energy that spurs growth of the green economy and prioritizes the needs of low- to moderate-income New Yorkers.

"Climate change is a reality, and the consequences of delay are a matter of life and death. We know what we must do. Now we have to have the vision, the courage, and the competence to get it done," Governor Cuomo said. "While the federal government shamefully ignores the reality of climate change and fails to take meaningful action, we are launching the first-in-the-nation Green New Deal to seize the potential of the clean energy economy, set nation's most ambitious goal for carbon-free power, and ultimately eliminate our entire carbon footprint."

During Governor Cuomo's first two terms, New York banned fracking of natural gas, committed to phasing out coal power by 2020, mandated 50 percent renewable power by 2030, and established the U.S. Climate Alliance to uphold the Paris Agreement, reflecting the view that decarbonization is irreversible under a clean energy economy. Under the Reforming the Energy Vision agenda, New York has held the largest renewable energy procurements in U.S. history, solar has increased nearly 1,500 percent, and offshore wind is poised to transform the State's electricity supply to be cleaner and more sustainable. Through Governor Cuomo's Green New Deal, New York will take the bold next steps to secure a clean energy future that protects the environment for generations to come while growing the clean energy economy.

 

100 Percent Clean Power by 2040 Coupled with New Nation-leading Renewable Energy Mandates

The Green New Deal will statutorily mandate New York's power be 100 percent carbon-free by 2040, the most aggressive goal in the United States and five years ahead of a target recently adopted by California state policymakers. The cornerstone of this new mandate is a significant increase of New York's successful Clean Energy Standard mandate from 50 percent to 70 percent renewable electricity by 2030. This globally unprecedented ramp-up of renewable energy will include:

  • Quadrupling New York's offshore wind target to 9,000 megawatts by 2035, up from 2,400 megawatts by 2030
  • Doubling distributed solar deployment to 6,000 megawatts by 2025, up from 3,000 megawatts by 2023
  • More than doubling new large-scale land-based wind and solar resources through the Clean Energy Standard
  • Maximizing the contributions and potential of New York's existing renewable resources
  • Deploying 3,000 megawatts of energy storage by 2030, up from 1,500 megawatts by 2025
  • Develop an Implementation Plan to Make New York Carbon Neutral

The Green New Deal will create the State's first statutory Climate Action Council, comprised of the heads of relevant State agencies and other workforce, environmental justice, and clean energy experts to develop a comprehensive plan to make New York carbon neutral by significantly and cost-effectively reducing emissions from all major sources, including electricity, transportation, buildings, industry, commercial activity, and agriculture. The Climate Action Council will consider a range of possible options, including the feasibility of working with the U.S. Climate Alliance to create a new multistate emissions reduction program that covers all sectors of the economy, including transportation and industry, and exploring ways to leverage the successful Regional Greenhouse Gas Initiative to drive transformational investment in the clean energy economy and support a just transition.

At the national level, a historic climate deal is reshaping incentives and standards for clean energy deployment across the country.

The Green New Deal will also include an ambitious strategy to move New York's statewide building stock to carbon neutrality. The agenda includes:

Advancing legislative changes to strengthen building energy codes and establish appliance efficiency standards

Directing State agencies to ensure that their facilities uphold the strongest energy efficiency and sustainability standards

Developing a Net Zero Roadmap to chart a course to statewide carbon neutrality in buildings

A Multibillion Dollar Green New Deal Investment in the Clean Tech Economy that will Reduce Greenhouse Gas Emissions

Demonstrating New York's immediate commitment to implementing the nation's most ambitious clean energy agenda and creating high-quality clean energy jobs, Governor Cuomo is announcing $1.5 billion in competitive awards to support 20 large-scale solar, wind and energy storage projects across upstate New York. These investments will add over 1,650 megawatts of capacity and generate over 3,800,000 megawatt-hours of renewable energy annually - enough to power nearly 550,000 homes and create over 2,600 short and long-term jobs. Combined with the renewable energy projects previously announced under the Clean Energy Standard, New York has now awarded more than $2.9 billion to 46 projects statewide, enough to power over one million households.

The Green New Deal also includes new investments to jumpstart New York's offshore wind energy industry and support the State's world-leading target of 9,000 megawatts by 2035. New York will invest up to $200 million in port infrastructure to match private sector investment in regional development of offshore wind. This multi-location investment represents the nation's largest infrastructure commitment to offshore wind and solidifies New York's position as the hub of the burgeoning U.S. offshore wind industry.

These new investments build upon a $250 million commitment to electric vehicle infrastructure by the New York Power Authority's EVolve program, $3.5 billion in private investment in distributed solar driven by NYSERDA's NY-Sun program, and NY Green Bank transactions mobilizing nearly $1.75 billion in private capital for clean energy projects.

 

A Just Transition to a Clean Energy Economy

Deliver Climate Justice for Underserved Communities: The Green New Deal will help historically underserved communities prepare for a clean energy future and adapt to climate change by:

Giving communities a seat at the table by codifying the Environmental Justice and Just Transition Working Group into law and incorporating it into the planning process for the Green New Deal's implementation.

Directing the State's low-income energy task force to identify reforms to achieve greater impact of the public energy funds expended each year in order to increase the effect of funds and initiatives that target energy affordability to underserved communities.

Directing each of the State's ten Regional Economic Development Councils to develop an environmental justice strategy for their region.

Finance a Property Tax Compensation Fund to Help Communities Transition to the Clean Energy Economy: Governor Cuomo is introducing legislation to finance the State's $70 million Property Tax Compensation Fund to continue helping communities directly affected by the transition away from dirty and obsolete energy industries and toward the new clean energy economy. Specifically, this funding will protect communities impacted by the retirement of conventional power generation facilities.

Protect Labor Rights: To ensure creation of high-quality clean energy jobs, large-scale renewable energy projects supported by the Green New Deal will require prevailing wage, and the State's offshore wind projects will be supported by a requirement for a Project Labor Agreement.

Develop the Clean Tech Workforce: To prepare New York's workforce for the transition, New York State will take new steps to support workforce development, including establishing a New York State Advisory Council on Offshore Wind Economic and Workforce Development, as well as investing in an offshore wind training center that will provide New Yorkers with the skills and safety training required to construct this clean energy technology in New York.   

Richard Kauffman, Chairman of Energy and Finance for New York, said, "Governor Cuomo's Green New Deal will advance New York State further into the clean energy future, and we won't let the Trump Administration push us backwards. Governor Cuomo's new commitments ensure New York is the undisputed national clean energy and climate leader, and we will continue to build upon the foundations of the REV agenda to achieve a sustainable economy and healthy environment for generations of New Yorkers to come."

Alicia Barton, President and CEO, NYSERDA, said, "Climate scientists have made frighteningly clear that averting the worst effects of climate change will require bold action, not incremental steps, and Governor Cuomo's Green New Deal boldly goes where no others have before. His unwavering climate agenda includes the most aggressive clean energy target in U.S. history, the largest commitments to renewable energy and to offshore wind in the nation, a massive mobilization of clean energy jobs and an unprecedented investment in offshore wind port infrastructure. Together these actions make New York the clear national leader in the fight against climate change, and will show the world that New York can and will achieve a clean energy future for the sake of future generations."

DEC Commissioner Basil Seggos said, "The threat of climate change calls for bold action like Governor Cuomo's comprehensive agenda to make New York State carbon neutral. The Green New Deal ensures New York is continuing our nation-leading efforts to capitalize on the economic potential of the clean energy economy, while making sure those most vulnerable to climate change are benefitting from the state's efforts and investments. I look forward to working with my agency and authority partners on the Climate Action Council to develop and implement meaningful solutions to reduce greenhouse gas emissions from all sectors of our economy."  

John B. Rhodes, CEO, Department of Public Service, said, "With this nation-leading Green New Deal, Governor Cuomo puts New York on the path to fully clean electricity and to carbon neutrality with the strongest renewable energy goals in the nation. This will deliver the energy system that New York needs - cost-effective, reliable, and 100% clean.”

 

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Electrification Of Vehicles Prompts BC Hydro's First Call For Power In 15 Years

BC Hydro Clean Power Call 2024 seeks utility-scale renewable energy, including wind and solar, to meet rising electricity demand, advance clean goals, expand grid, and support Indigenous participation through competitive procurement and equity opportunities.

 

Key Points

BC Hydro's 2024 bid to add zero-emission wind and solar to meet rising demand and support Indigenous equity.

✅ Competitive procurement for utility-scale wind and solar

✅ Targets 3,000 GWh new greenfield by fiscal 2029

✅ Encourages Indigenous ownership and equity stakes

 

The Government of British Columbia (the Government or Province) has announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably including wind and solar, even as nuclear power remains a divisive option among residents. The call, expected to launch in spring 2024, is BC Hydro's first call for power in 15 years and will seek power from larger scale projects.

Over the past decade, British Columbia has experienced a growing economy and population as well as a move by the housing, business and transportation sectors towards electrification, with industrial demand from LNG facilities also influencing load growth. As the Government highlighted in their recent announcement, the number of registered light-duty electric vehicles in British Columbia increased from 5,000 in 2016 to more than 100,000 in 2023. Zero-emission vehicles represented 18.1 percent of new light-duty passenger vehicles sold in British Columbia in 2022, the highest percentage for any province or territory.

Ultimately, the Province now expects electricity demand in British Columbia to increase by 15 percent by 2030. BC Hydro elaborated on the growing need for electricity in their recent Signposts Update to the British Columbia Utilities Commission (BCUC), and noted additions such as new generating stations coming online to support capacity. BC Hydro implemented its Signposts Update process to monitor whether the "Near-term actions" established in its 2021 Integrated Resource Plan continue to be appropriate and align with the changing circumstances in electricity demand. Those actions outline how BC Hydro will meet the electricity needs of its customers over the next 20 years. The original Near-term actions focused on demand-side management and not incremental electricity production.

In its Update, BC Hydro emphasized that increased use of electricity and decreased supply, along with episodes of importing out-of-province fossil power during tight periods, has advanced the forecast of the province's need for additional renewable energy by three years. Accordingly, BC Hydro has updated its 2021 Integrated Resource Plan to, among other things:

accelerate the timing of several Near-term actions on energy efficiency, demand response, industrial load curtailment, electricity purchase agreement renewals and utility-scale batteries; and
add new Near-term actions for BC Hydro to acquire an additional 3,000 GWh per year of new clean, renewable energy from greenfield facilities in the province able to achieve commercial operation as early as fiscal 2029, as well as approximately 700 GWh per year of new clean, renewable energy from existing facilities prior to fiscal 2029.
The Province's predictions align with Canada Energy Regulator's (CER) "Canada's Energy Future 2023" flagship report (Report) released on June 20, 2023. The Report, which looks at Canadians' possible energy futures, includes two long-term scenarios modelled on Canada reaching net-zero by 2050. Under either scenario, the electricity sector is predicted to serve as the cornerstone of the net-zero energy system, with examples such as Hydro-Quebec's decarbonization strategy illustrating this shift as it transforms and expands to accommodate increasing electricity use.

Key Details of the Call
Though not finalized, the call for power will be a competitive process, with the exact details to be designed by BC Hydro and the Province, incorporating input from the recently-formed BC Hydro Task Force made up of Indigenous communities, industry and stakeholders. This is a shift from previous calls for power, which operated as a continuous-intake program with a standing offer at a fixed rate, after projects like the Siwash Creek project were left in limbo.

Drawing on advice from Indigenous and external energy experts, the Province seeks to advance Indigenous ownership and equity interest opportunities in the electricity sector, potentially with minimum requirements for Indigenous participation in new projects to be a condition of the competitive process. The Province has also committed $140 million to the B.C. Indigenous Clean Energy Initiative (BCICEI) to support Indigenous-led power projects and their ability to respond to future electricity demand, facilitating their ability to compete in the call for power, despite their smaller size.

BC Hydro expects to initiate the call in spring 2024, with the goal of acquiring new sources of electricity as early as 2028, even as clean electricity affordability features prominently in Ontario's election discourse.

 

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Iran to Become Regional Hub for Renewable Energies

Iran Renewable Energy Strategy targets productivity first, then wind power expansion, investment, and exports, overcoming US sanctions, banking and forex limits, via private sector partnerships, precise wind maps, and regional grid interconnections.

 

Key Points

A policy prioritizing efficiency, wind deployment, and investor access while navigating US sanctions and currency limits.

✅ Prioritize efficiency, then scale wind generation capacity

✅ Leverage private sector, rial contracts, attract foreign capital

✅ Map high-wind corridors: Zabol, Khaf, Doroud; target exports

 

Deputy Energy Minister on Renewable Energies Affairs says the U.S. sanctions have currently affected the economic, banking and forex sectors of the country as the country‘s medicine is under sanctions and it means renewable energies are also under sanctions, and, globally, pandemic disruptions have compounded pressures on supply chains.

Speaking in a press conference yesterday, Mohammad Satkin said leading countries first focus on productivity then they turn to electricity production and the ministry in the first step has focused on productivity then on renewables, noting that renewables are now the cheapest new power in many regions, reiterating that the ministry will use all existing potentials in this regard especially in utilizing wind.

He added that the ministry is doing its best that the country would become the hub in the region for rush of investors and those who want take advantage of Iran’s experience in renewables, as markets like the U.S. scale renewables to a quarter of generation in coming years.

Satkin added that in the eastern part, the country has the biggest windy fields with capacity over 40mw. So the ministry is doing its best with full support of the private sector in equipping and investing in this field to carry out new policies.

He noted that in the past 12 years, wind potentials of the country have been under study, noting that country has three special channels in the east as one of them is north of Zabol which is very valuable in terms of energy and it has capability for construction of 2 to 3mw power station.

Satkin further said Khaf channel is the other one which has one of the most unique winds in the world, while Saudi wind expansion underscores regional momentum, and it can be developed for over 1000mw station. The windy region of Doroud is the third channel where the 50mw project has been kicked off there and it has capability for construction of some thousand-megawatt wind power station.

He added that Iran has prepared one of the most precise maps and it has even identified the border regions like with Afghanistan and perhaps in the future, Iran and Afghanistan may launch a joint project as Iran has enough expertise to offer its neighboring countries and as IRENA's decarbonisation roadmap highlights wider socio-economic benefits.

On signing agreement with foreign companies, Satkin said the ministry pays the sum of all contracts with domestic companies is paid in national currency rial as it is unable to pay in dollar or other currencies but Iranian companies may enjoy having foreign backings, including initiatives like ADFD-IRENA funding that support developing markets, and the ministry tries to attract foreign capital.

He also pointed to exports of renewables, adding that the government has authorized export of renewable energy but it needs proper planning to be assured of electricity production in order to export it to the neighboring states whenever they need, especially as Ireland targets over one-third green power within a few years.

 

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Calgary's electricity use soars in frigid February, Enmax says

Calgary Winter Energy Usage Surge highlights soaring electricity demand, added megawatt-hours, and grid reliability challenges driven by extreme cold, heating loads, and climate change, with summer air conditioning also shifting seasonal peaks.

 

Key Points

A spike in Calgary's power use from extreme cold, adding 22k MWh and testing reliability as heating demand rises.

✅ +22,000 MWh vs Feb 2018 amid fourth-coldest February

✅ Heating loads spike; summer A/C now drives peak demand

✅ Grid reliability monitored; more solar and green resources ahead

 

February was so cold in Calgary that the city used enough extra energy to power 3,400 homes for a whole year, echoing record-breaking demand in B.C. in 2021 during severe cold.

Enmax Power Corporation, the primary electricity utility in the city, says the city 's energy consumption was up 22,000 megawatt hours last month compared with Februray 2018.

"We've seen through this cold period our system has held up very well. It's been very reliable," Enmax vice-president Andre van Dijk told the Calgary Eyeopener on Friday. "You know, in the absence of a windstorm combined with cold temperatures and that sort of thing, the system has actually held up pretty well."

The past month was the fourth coldest in Calgary's history, and similar conditions have pushed all-time high demand in B.C. in recent years across the West. The average temperature for last month was –18.1 C. The long-term average for February is –5.4 C.

 

Watching use, predicting issues

The electricity company monitors demand and load on a daily basis, always trying to predict issues before they happen, van Dijk said, and utilities have introduced winter payment plans to help customers manage bills during prolonged cold.

One of the issues they're watching is climate change, and how extreme temperatures and weather affect both the grid's reliability, as seen when Quebec shattered consumption records during cold snaps, and the public's energy use.

The colder it gets, the higher you turn up the heat. The hotter it is, the more you use air conditioning.

He also noted that using fuels then contributes to climate change, creating a cycle.

​"We are seeing variations in temperature and we've seen large weather events across the continent, across the world, in fact, that impact electrical systems, whether that's flooding, as we've experienced here, or high winds, tornadoes," van Dijk said.

"Climate change and changing weather patterns have definitely had had an impact on us as an electrical industry."

In 2012, he said, Calgary switched from using the most power during winter to using the most during summer, in large part due to air conditioning, he said.

"Temperature is a strong influencer of energy consumption and of our demand," van Dijk said.

Christmas tree lights have also become primarily LED, van Dijk said, which cuts down on a big energy draw in the winter.

He said he expects more solar and other green resources will be added into the electrical system in the future to mitigate how much the increasingly levels of energy use impact climate change, and to help moderate electricity costs in Alberta over time.

 

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France Demonstrates the Role of Nuclear Power Plants

France Nuclear Power Strategy illustrates a low-carbon, reliable baseload complementing renewables in the energy transition, enhancing grid reliability, energy security, and emissions reduction, offering actionable lessons for Germany on infrastructure, policy, and public acceptance.

 

Key Points

France's nuclear strategy is a low-carbon baseload model supporting renewables, grid reliability, and energy security.

✅ Stable low-carbon baseload complements intermittent renewables

✅ Enhances grid reliability and national energy security

✅ Requires long-term investment, safety, and waste management

 

In recent months, France has showcased the critical role that nuclear power plants can play in an energy transition, offering valuable lessons for Germany and other countries grappling with their own energy challenges. As Europe continues to navigate its path towards a sustainable and reliable energy system, France's experience with nuclear energy underscores its potential benefits and the complexities involved, including outage risks in France that operators must manage effectively.

France, a long-time proponent of nuclear energy, generates about 70% of its electricity from nuclear power, making it one of the most nuclear-dependent countries in the world. This high reliance on nuclear energy has allowed France to maintain a stable and low-carbon electricity supply, which is increasingly significant as nations aim to reduce greenhouse gas emissions, even as Europe's nuclear capacity declines in several markets, and combat climate change.

Recent events in France have highlighted several key aspects of nuclear power's role in energy transition:

  1. Reliability and Stability: During periods of high renewable energy generation or extreme weather events, nuclear power plants have proven to be a stable and reliable source of electricity. Unlike solar and wind power, which are intermittent and depend on weather conditions, nuclear plants provide a consistent and continuous supply of power. This stability is crucial for maintaining grid reliability and ensuring that energy demand is met even when renewable sources are not producing electricity.

  2. Low Carbon Footprint: France’s commitment to nuclear energy has significantly contributed to its low carbon emissions. By relying heavily on nuclear power, France has managed to reduce its greenhouse gas emissions substantially compared to many other countries. This achievement is particularly relevant as Europe strives to meet ambitious climate targets, with debates over a nuclear option in Germany highlighting climate trade-offs, and reduce overall carbon footprints. The low emissions associated with nuclear power make it an important tool for achieving climate goals and transitioning away from fossil fuels.

  3. Energy Security: Nuclear power has played a vital role in France's energy security. The country’s extensive network of nuclear power plants ensures a stable and secure supply of electricity, reducing its dependency on imported energy sources. This energy security is particularly important in the context of global energy market fluctuations and geopolitical uncertainties. France’s experience demonstrates how nuclear energy can contribute to a nation’s energy independence and resilience.

  4. Economic Benefits: The nuclear industry in France also provides significant economic benefits. It supports thousands of jobs in construction, operation, and maintenance of power plants, as well as in the supply chain for nuclear fuel and waste management. Additionally, the stable and relatively low cost of nuclear-generated electricity can contribute to lower energy prices for consumers and businesses, enhancing economic stability.

Germany, in contrast, has been moving away from nuclear energy, particularly following the Fukushima disaster in 2011. The country has committed to phasing out its nuclear reactors by 2022 and focusing on expanding renewable energy sources such as wind and solar power. While Germany's renewable energy transition has made significant strides, it has also faced challenges related to grid stability, as Germany's energy balancing act illustrates for policymakers, energy storage, and maintaining reliable power supplies during periods of low renewable generation.

France’s experience with nuclear energy offers several lessons for Germany and other nations considering their own energy strategies:

  • Balanced Energy Mix: A diverse energy mix that includes nuclear power alongside renewable sources can help ensure a stable and reliable electricity supply, as ongoing discussions about a nuclear resurgence in Germany emphasize for policymakers today. While renewable energy is essential for reducing carbon emissions, it can be intermittent and may require backup from other sources to maintain grid reliability. Nuclear power can complement renewable energy by providing a steady and consistent supply of electricity.

  • Investment in Infrastructure: To maximize the benefits of nuclear energy, investment in infrastructure is crucial. This includes not only the construction and maintenance of power plants but also the development of waste management systems and safety protocols. France’s experience demonstrates the importance of long-term planning and investment to ensure the safe and effective use of nuclear technology.

  • Public Perception and Policy: Public perception of nuclear energy can significantly impact its adoption and deployment, and ongoing Franco-German nuclear disputes show how politics shape outcomes across borders. Transparent communication, rigorous safety standards, and effective waste management are essential for addressing public concerns and building trust in nuclear technology. France’s successful use of nuclear power is partly due to its emphasis on safety and regulatory compliance.

In conclusion, France's experience with nuclear power provides valuable insights into the role that this technology can play in an energy transition. By offering a stable, low-carbon, and reliable source of electricity, nuclear power complements renewable energy sources and supports overall energy security. As Germany and other countries navigate their energy transitions, France's example underscores the importance of a balanced energy mix, robust infrastructure, and effective public engagement in harnessing the benefits of nuclear power while addressing associated challenges, with industry voices such as Eon boss on nuclear debate underscoring the sensitivity of cross-border critiques.

 

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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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