A green giant emerges from ChinaÂ’s smog

By Globe and Mail


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In an artist's rendition, the Pearl River Tower soars above the Guangzhou skyline looking like a cross between a flattened rocket ship and a cellphone.

Still a half-completed, hulking concrete shell, the 71-storey building in China's southern industrial hub is billed to become one of the world's greenest office towers when it's finished late next year.

"We believe it will be the most energy-efficient tower in the world," said Roger Frechette, an engineer and the Chicago-based director of sustainable engineering with Skidmore Owings and Merrill LLP (SOM), the U.S. firm that designed the building and is overseeing its construction.

"Hopefully it will be the first of many built in the world. We really need them now," Mr. Frechette said in an interview during one of his many trips to Guangzhou. He calls the 2.2-million-square-foot tower "the project of a lifetime."

Though the total cost of the building has not been disclosed, it will use about $13-million (US) in environmental technologies and adaptations, including wind turbines to supply its power, and heat-saving and cooling technologies to minimize the amount of electricity consumed. The tower's top 10 floors are to serve as the headquarters of the state-government-affiliated Guangdong Tobacco Co., with additional office space to be leased later.

The state affiliation has allowed the designers to test what they believe is a new frontier in sustainable construction, which they say at present may be possible only in China. While the recession has slowed building work in other booming centres such as Dubai (where SOM was the architect behind the spindle-like Burj Dubai skyscraper), massive government spending in China has kept the cranes operating.

Until recently, environmental concerns have taken a back seat to the incredible pace of development in China, where the government has resisted accepting targets to limit carbon emissions ahead of the UN climate summit in Copenhagen.

But there is increasing interest in the use of green technologies. Under law, China is required to produce 15 per cent of its energy from renewable sources by 2020. The 2006 law is driving the construction of massive wind farms, the world's biggest plant to convert sunlight to electricity, and an entire city — Ordos in Inner Mongolia — built on the concept of sustainable living.

In Beijing, developments such as the Modern MOMA office and residential complex include geothermal heating, wastewater recycling to feed its surrounding gardens, and a specialized indoor ventilation system.

But the Pearl River Tower is seen as one of China's most experimental buildings yet.

"When we first put the design together, we had a lot of people look at it, even in our own firm, who said, 'You're wasting your time. China's not really interested in sustainability,' " Mr. Frechette recalls.

"A lot of people made that assumption and I think it's wrong.... In the last few years, we've seen China get very aggressive on sustainability."

Initially, the tower was designed to be a "zero-energy" structure, meaning it would produce as much power as it consumed using a series of wind turbines. Though that design had to be modified to fit local regulations, the tower will still use half as much power as regular office buildings for heating and cooling, ventilation and lighting.

Two floors of the tower will have wind turbines built inside; the building is designed to funnel the prevailing winds in through openings in its walls to keep the turbines running.

Double windows and automated window shades will help regulate the temperature; rooms will be cooled using chilled water run through copper pipes, saving space over traditional air conditioning systems.

The architects also promise that the cutting-edge ventilation system will produce better indoor air quality, a key issue in China where air pollution and outbreaks of airborne viruses such as H1N1 and, in years past, SARS are major concerns.

Opinions are mixed as to whether the tower will live up to its billing. "China's green technology must fit with China-specific conditions," cautioned Qin Youguo, a professor in the School of Architecture at Beijing's prestigious Tsinghua University.

"Being green here means the technology helps people in harmony with nature in a low-energy and sustainable way," Prof. Qin said. "What works as green technology in another country may not be green in China if it doesn't fit the situation here."

While Prof. Qin criticized many of the efforts thus far as showpieces with little real impact, others in the industry say real progress is being made. Architects say Chinese developers' interest in green concepts such as water recycling and energy efficiency is growing, and that clients are also calling for such ideas in project proposals.

"Generally, I can feel more interest of Chinese developers on the green concepts, such as environmentally friendly, power-saving, water-saving, low-carbon-emission [designs], especially in the last couple of years," said Ma Weijun, assistant chief engineer at Shanghai-based East China Architectural Design and Research Institute Co. (ECADI), one of China's leading architectural firms. "Sometimes, it is the clients' requests but we also guide our clients in this way. I can feel the change through our clients," Mr. Ma said.

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The Haves and Have-Nots of Electricity in California

California Public Safety Power Shutoffs highlight wildfire prevention as PG&E outages disrupt schools, businesses, and rural communities, driving generator use, economic hardship, and emergency preparedness across Northern California during high-wind events.

 

Key Points

Utility outages to reduce wildfire risk during extreme winds, impacting homes and businesses in high-risk California.

✅ PG&E cuts power during high winds to prevent wildfires

✅ Costs rise for generators, fuel, batteries, and spoiled food

✅ Rural, low-income communities face greater economic losses

 

The intentional blackout by California’s largest utility this week put Forest Jones out of work and his son out of school. On Friday morning Mr. Jones, a handyman and single father, sat in his apartment above a tattoo parlor waiting for the power to come back on and for school to reopen.

“I’ll probably lose $400 or $500 dollars because of this,” said Mr. Jones, who lives in the town of Paradise, which was razed by fire last year and is slowly rebuilding. “Things have been really tough up here.”

Millions of people were affected by the blackout, which spanned the outskirts of Silicon Valley to the forests of Humboldt County near the Oregon border. But the outage, which the power company said was necessary to reduce wildfire risk across the region, also drew a line between those who were merely inconvenienced and those who faced a major financial hardship.

To have the lights on, the television running and kitchen appliances humming is often taken for granted in America, even as U.S. grid during coronavirus questions persisted. During California’s blackout it became an economic privilege.

The economic impacts of the shut-off were especially acute in rural, northern towns like Paradise, where incomes are a fraction of those in the San Francisco Bay Area.

Both wealthy and poorer areas were affected by the blackout but interviews across the state suggested that being forced off the grid disproportionately hurt the less affluent. One family in Humboldt County said they had spent $150 on batteries and water alone during the shutdown.

“To be prepared costs money,” Sue Warhaftig, a massage therapist who lives in Mill Valley, a wealthy suburb across the Golden Gate Bridge from San Francisco. Ms. Warhaftig spent around two days without electricity but said she had been spared from significant sacrifices during the blackout.

She invested in a generator to keep the refrigerator running and to provide some light. She cooked in the family’s Volkswagen camper van in her driveway. At night she watched Netflix on her phone, which she was able to charge with the generator. Her husband, a businessman, is in London on a work trip. Her two sons, both grown, live in Southern California and Seattle.

“We were inconvenienced but life wasn’t interrupted,” Ms. Warhaftig said. “But so many people’s lives were.

Pacific Gas & Electric restored power to large sections of Northern California on Friday, including Paradise, where the electricity came back on in the afternoon. But hundreds of thousands of people in other areas remained in the dark. The carcasses of burned cars still littered the landscape around Paradise, where 86 people died in the Camp Fire last year, some of them while trying to escape.

Officials at power company said that by Saturday they hoped to have restored power to 98 percent of the customers who were affected.

The same dangerous winds that spurred the shut-off in Northern California have put firefighters to work in the south. The authorities in Los Angeles County ordered the evacuation of nearly 100,000 people on Friday as the Saddleridge Fire burned nearly 5,000 acres and destroyed 25 structures. The Sandalwood Fire, which ignited Thursday in Riverside County, had spread to more than 800 acres and destroyed 74 structures by Friday afternoon.

While this week’s outage was the first time many customers in Northern California experienced a deliberate power shut-off, residents in and around Paradise have had their power cut four times in recent months, residents say.

Many use a generator, but running one has become increasingly expensive with gasoline now at more than $4 a gallon in California.

On Friday, Dennis and Viola Timmer drove up the hill to their home in Magalia, a town adjacent to Paradise, loaded with $102 dollars of gasoline for their generators. It was their second gasoline run since the power went out Tuesday night.

The couple, retired and on a fixed income after Mr. Timmer’s time in the Navy and in construction, said the power outage had severely limited their ability to do essential tasks like cooking, or to leave the house.

“You know what it feels like? You’re in jail,” said Ms. Timmer, 72. “You can’t go anywhere with the generators running.”

Since the generators are not powerful enough to run heat or air conditioning, the couple slept in their den with an electric space heater.

“It’s really difficult because you don’t have a normal life,” Ms. Timmer said. “You’re trying to survive.”

To be sure, the shutdown has affected many people regardless of economic status, and similar disruptions abroad, like a London power outage that disrupted routines, show how widespread such challenges can be. The areas without power were as diverse as the wealthy suburbs of Silicon Valley, the old Gold Rush towns of the Sierra Nevada, the East Bay of San Francisco and the seaside city of Arcata.

Ms. Cahn’s cellphone ran out of power during the blackout and even when she managed to recharge it in her car cell service was spotty, as it was in many areas hit by the blackout.

Accustomed to staying warm at night with an electric blanket, Ms. Cahn slept under a stack of four blankets.

“I’m doing what I have to do which is not doing very much,” she said.

Further south in Marin City, Chanay Jackson stood surrounded by fumes from generators still powering parts of the city.

She said that food stamps were issued on the first of the month and that many residents who had to throw away food were out of luck.

“They’re not going to issue more food stamps just because the power went out,” Ms. Jackson said. “So they’re just screwed until next month.”

Strong winds have many times in the past caused power lines to come in contact with vegetation, igniting fires that are then propelled by the gusts, and hurricanes elsewhere have crippled infrastructure with Louisiana grid rebuild after Laura according to state officials. This was the case with the Camp Fire.

Since higher elevations had more extreme winds many of the neighborhoods where power was turned off this week were in hills and canyons, including in the Sierra Nevada.

The shut-off, which by one estimate affected a total of 2.5 million people, has come under strong criticism by residents and politicians, and warnings from Cal ISO about rolling blackouts as the power grid strained. The company’s website crashed just as customers sought information about the outage. Gov. Gavin Newsom called it unacceptable. But his comments were nuanced, criticizing the way the shut-off was handled, not the rationale for it. Mr. Newsom and others said the ravages of the Camp Fire demanded preventive action to prevent a reoccurrence.

Yet the calculus of trying to avoid deadly fires by shutting off power will continue to be debated as California enters its peak wildfire season, even as electricity reliability during COVID-19 was generally maintained for most consumers.

In the city of Grass Valley, Matthew Gottschalk said he and his wife realized that a generator was essential when they calculated that they had around $500 worth of food in their fridge.

“I don’t know what we would have done,” said Mr. Gottschalk, whose power went out Tuesday night.

His neighbors are filling coolers with ice. Everyone is hoping the power will come back on soon.

“Ice is going to run out and gas is going to run out,” he said.

 

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Tesla CEO Elon Musk slams Texas energy agency as unreliable: "not earning that R"

ERCOT Texas Power Grid Crisis disrupts millions amid a winter storm, with rolling blackouts, power outages, and energy demand; Elon Musk criticizes ERCOT as Tesla owners use Camp Mode while wind turbines face icing

 

Key Points

A Texas blackout during a winter storm, exposing ERCOT failures, rolling blackouts, and urgent grid resilience measures.

✅ Millions without power amid record cold and energy demand

✅ Elon Musk criticizes ERCOT over grid reliability failures

✅ Tesla Camp Mode aids warmth during extended outages

 

Tesla CEO Elon Musk on Wednesday slammed the Texas agency responsible for a statewide blackout amid a U.S. grid with frequent outages that has left millions of people to fend for themselves in a freezing cold winter storm.

Musk tweeted that Texas’ power grid manager, the Electricity Reliability Council of Texas (ERCOT), is not earning the “R” in the acronym, highlighting broader grid vulnerabilities that critics have noted.

Musk moved to Texas from California in December and is building a new Tesla factory in Austin. His critique of the state’s electrical grid operator came after multiple Tesla owners in the state said they had slept in their vehicles to keep warm amid the lingering power outage.

In 2019, Tesla released a vehicle with a “Camp Mode,” which enables owners to use the vehicle’s features – like lights and climate control – without significantly depleting the battery.

“We had the power go out for 6 hours last night. Our house does not have gas, and we ran out of firewood... what are we going to do,” one Reddit user wrote on “r/TeslaMotors.”

“So my wife my dog and my newborn daughter slept in the garage in our Model3 all nice and cozy. If I didn't have this car, it would have been a very rough night.”

More than two dozen people have died in the extreme weather this week, some while struggling to find warmth inside their homes. In the Houston area, one family succumbed to carbon monoxide from car exhaust in their garage. Another perished as they used a fireplace to keep warm.

Utilities from Minnesota to Texas and Mississippi have implemented rolling blackouts to ease the burden on power grids straining to meet extreme demand for heat and electricity, as longer, more frequent outages hit systems nationwide.

More than 3 million customers remained without power in Texas, Louisiana and Mississippi, more than 200,000 more in four Appalachian states, and nearly that many in the Pacific Northwest, according to poweroutage.us, which tracks utility outage reports, and advocates warn that millions could face summer shut-offs without protections.

ERCOT said early Wednesday that electricity had been restored to 600,000 homes and businesses by Tuesday night, though nearly 3 million homes and businesses remained without power, as California turns to batteries to help balance demand. Officials did not know when power would be restored.

ERCOT President Bill Magness said he hoped many customers would see at least partial service restored soon but could not say definitively when that would be.

Magness has defended ERCOT’s decision, saying it prevented an “even more catastrophic than the terrible events we've seen this week."

Utility crews raced Wednesday to restore power to nearly 3.4 million customers around the U.S. who were still without electricity in the aftermath of a deadly winter storm, even as officials urge residents to prepare for summer blackouts that could tax systems further, and another blast of ice and snow threatened to sow more chaos.

The latest storm front was expected to bring more hardship to states that are unaccustomed to such frigid weather — parts of Texas, Arkansas and the Lower Mississippi Valley — before moving into the Northeast on Thursday.

"There's really no letup to some of the misery people are feeling across that area," said Bob Oravec, lead forecaster with the National Weather Service, referring to Texas.

Sweden, known for its brutally cold climate, has offered some advice to Texans unaccustomed to such freezing temperatures, as Canadian grids are increasingly exposed to harsh weather that strains reliability. Stefan Skarp of the Swedish power company told Bloomberg on Tuesday: “The problem with sub-zero temperatures and humid air is that ice will form on the wind turbines.”

“When ice freezes on to the wings, the aerodynamic changes for the worse so that wings catch less and less wind until they don't catch any wind at all,” he said.

 

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NRC Begins Special Inspection at River Bend Nuclear Power Plant

NRC Special Inspection at River Bend reviews failures of portable emergency diesel generators, nuclear safety measures, and Entergy Operations actions after Fukushima; off-site power loss readiness, remote COVID-19 oversight, and corrective action plans are assessed.

 

Key Points

An NRC review of generator test failures at River Bend, assessing nuclear safety, root causes, and corrective actions.

✅ Evaluates failures of portable emergency diesel generators

✅ Reviews causal analyses and adequacy of corrective actions

✅ Remote COVID-19 oversight; public report expected within 45 days

 

The Nuclear Regulatory Commission has begun a special inspection at the River Bend nuclear power plant, part of broader oversight that includes the Turkey Point renewal application, to review circumstances related to the failure of five portable emergency diesel generators during testing. The plant, operated by Entergy Operations, is located in St. Francisville, La., as nations like France outage risks continue to highlight broader reliability concerns.

The generators are used to supply power to plant systems in the event of a prolonged loss of off-site electrical power coupled with a failure of the permanently installed emergency generators, a concern underscored by incidents such as the SC nuclear plant leak that shut down production for weeks. These portable generators were acquired as part of the facility's safety enhancements mandated by the NRC following the 2011 accident at the Fukushima Dai-ichi facility in Japan, and amid constraints like France limiting output from warm rivers, the emphasis on resilience remains.

The three-member NRC team will develop a chronology of the test failures and evaluate the licensee's causal analyses and the adequacy of corrective actions, informed by lessons from cases like Davis-Besse closure stakes that underscore risk management.

Due to the COVID-19 pandemic, they will complete most of their work remotely, while other regions address constraints such as high river temperatures limiting output for nuclear stations. An inspection report documenting the team's findings, released as global nuclear project milestones continue across the sector, will be publicly available within 45 days of the end of the inspection.
 

 

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Hydro One shares jump 5.7 per cent after U.S. regulators reject $6.7B takeover

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

 

Key Points

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

✅ Washington denies approval; Idaho, Oregon decisions pending.

✅ EPS dilution avoided; balance sheet strength preserved.

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

 

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

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

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

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

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

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

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

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

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

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

 

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Iceland Cryptocurrency mining uses so much energy, electricity may run out

Iceland Bitcoin Mining Energy Shortage highlights surging cryptocurrency and blockchain data center electricity demand, as hydroelectric and geothermal power strain to cool servers, stabilize grid, and meet rapid mining farm growth amid Arctic-friendly conditions.

 

Key Points

Crypto mining data centers in Iceland are outpacing renewable power, straining the grid and exceeding residential electricity demand.

✅ Hydroelectric and geothermal capacity nearing allocation limits

✅ Cooling-friendly climate draws energy-hungry mining farms

✅ Grid planning and regulation lag rapid data center growth

 

The value of bitcoin may have stumbled in recent months, but in Iceland it has known only one direction so far: upward. The stunning success of cryptocurrencies around the globe has had a more unexpected repercussion on the island of 340,000 people: It could soon result in an energy shortage in the middle of the Atlantic Ocean.

As Iceland has become one of the world's prime locations for energy-hungry cryptocurrency servers — something analysts describe as a 21st-century gold-rush equivalent — the industry’s electricity demands have skyrocketed, too. For the first time, they now exceed Icelanders’ own private energy consumption, and energy producers fear that they won’t be able to keep up with rising demand if Iceland continues to attract new companies bidding on the success of cryptocurrencies, a concern echoed by policy moves like Russia's proposed mining ban amid electricity deficits.

Companies have flooded Iceland with requests to open new data centers to “mine” cryptocurrencies in recent months, even as concerns mount that the country may have to slow down investments amid an increasingly stretched electricity generation capacity, a dynamic seen in BC Hydro's suspension of new crypto connections in Canada.

“There was a lot of talk about data centers in Iceland about five years ago, but it was a slow start,” Johann Snorri Sigurbergsson, a spokesman for Icelandic energy producer HS Orka, told The Washington Post. “But six months ago, interest suddenly began to spike. And over the last three months, we have received about one call per day from foreign companies interested in setting up projects here.”

“If all these projects are realized, we won’t have enough energy for it,” Sigurbergsson said.

Every cryptocurrency in the world relies on a “blockchain” platform, which is needed to trade with digital currencies. Tracking and verifying a transaction on such a platform is like solving a puzzle because networks are often decentralized, and there is no single authority in charge of monitoring payments. As a result, a transaction involves an immense number of mathematical calculations, which in turn occupy vast computer server capacity. And that requires a lot of electricity, as analyses of bitcoin's energy use indicate worldwide.

The bitcoin rush may have come as a surprise to locals in sleepy Icelandic towns that are suddenly bustling with cryptocurrency technicians, but there’s a simple explanation. “The economics of bitcoin mining mean that most miners need access to reliable and very cheap power on the order of 2 or 3 cents per kilowatt hour. As a result, a lot are located near sources of hydro power, where it’s cheap,” Sam Hartnett, an associate at the nonprofit energy research and consulting group Rocky Mountain Institute, told the Washington Post.

Top financial regulators briefed a Senate panel on Feb. 6 about their work with cryptocurrencies like Bitcoin, and the risks to potential investors. (Reuters)

Located in the middle of the Atlantic Ocean and famous for its hot springs and mighty rivers, Iceland produces about 80 percent of its energy in hydroelectric power stations, compared with about 6 percent in the United States, and innovations such as underwater kites illustrate novel ways to harness marine energy. That and the cold climate make it a perfect location for new data-mining centers filled with servers in danger of overheating.

Those conditions have attracted scores of foreign companies to the remote location, including Germany's Genesis Mining, which moved to Iceland about three years ago. More have followed suit since then or are in the process of moving. 

While some analysts are already sensing a possible new revenue source for the country that is so far mostly known abroad as a tourist haven and low-budget airline hub, others are more concerned by a phenomenon that has so far mostly alarmed analysts because of its possible financial unsustainability, alongside issues such as clean energy's dirty secret that complicate the picture. Some predictions have concluded that cryptocurrency computer operations may account for “all of the world’s energy by 2020” or may already account for the equivalent of Denmark's energy needs. Those predictions are probably too alarmist, though. 

Most analysts agree that the real energy-consumption figure is likely smaller, and several experts recently told the Washington Post that bitcoin — currently the world's biggest cryptocurrency — used no more than 0.14 percent of the world’s generated electricity, as of last December. Even though global consumption may not be as significant as some have claimed, it still presents a worrisome drain for a tiny country such as Iceland, where consumption suddenly began to spike with almost no warning — and continues to grow fast.

Some networks are considering or have already pushed through changes to their protocols, designed to reduce energy use. But implementing such changes for the leading currency, bitcoin, won't be as easy because it is inherently decentralized. The companies that provide the vast amounts of computing power needed for these transactions earn a small share, comparable to a processing fee or a reward.

They are the source of the Icelandic bitcoin miners’ income — a revenue source that many Icelanders are still not quite sure what to make of, especially if the lights start flickering.

 

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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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