SDTC calls for clean technology funding applications

Drax Biomass Conversion accelerates renewable energy by replacing coal with wood pellets, sustainable forestry feedstock, and piloting carbon capture and storage, supporting the UK grid, emissions cuts, and a net-zero pathway.

Key Points

Drax Biomass Conversion is Drax's shift from coal to biomass with CCS pilots to cut emissions and aid UK's net-zero.

✅ Coal units converted to biomass wood pellets

✅ Sourced from sustainable forestry residues

✅ CCS pilots target lifecycle emissions cuts

A power station that used to be the biggest polluter in western Europe has made a near-complete switch to renewable energy, mirroring broader shifts as Denmark's largest energy company plans to end coal by 2023.

The Drax Power Station in Yorkshire, England, used to spew out millions of tons of carbon dioxide a year by burning coal. But over the past eight years, it has overhauled its operations by converting four of its six coal-fired units to biomass. The plant's owners say it now generates 15% of the country's renewable power, as Britain recently went a full week without coal power for the first time.

The change means that just 6% of the utility's power now comes from coal, as the wider UK coal share hits record lows across the national electricity system. The ultimate goal is to stop using coal altogether.

"We've probably reduced our emissions more than any other utility in the world by transforming the way we generate power," Will Gardner, CEO of the Drax Group, told CNN Business.

Subsidies have helped finance the switch to biomass, which consists of plant and agricultural matter and is viewed as a promising substitute for coal, and utilities such as Nova Scotia Power are also increasing biomass use. Last year, Drax received £789 million ($1 billion) in government support.

Is biomass good for the environment?

While scientists disagree over the extent to which biomass as a fuel is environmentally friendly, and some environmentalists urge reducing biomass use amid concerns about lifecycle emissions, Drax highlights that its supplies come from from sustainably managed and growing forests.

Most of the biomass used by Drax consists of low-grade wood, sawmill residue and trees with little commercial value from the United States. The material is compressed into sawdust pellets.

Gardner says that by purchasing bits of wood not used for construction or furniture, Drax makes it more financially viable for forests to be replanted. And planting new trees helps offset biomass emissions.

Forests "absorb carbon as they're growing, once they reach maturity, they stop absorbing carbon," said Raphael Slade, a senior research fellow at Imperial College London.

But John Sterman, a professor at MIT's Sloan School of Management, says that in the short term burning wood pellets adds more carbon to the atmosphere than burning coal.

That carbon can be absorbed by new trees, but Sterman says the process can take decades.

"If you're looking at five years, [biomass is] not very good ... If you're looking at a century-long time scale, which is the sort of time scale that many foresters plan, then [biomass] can be a lot more beneficial," says Slade.

Carbon capture

Enter carbon capture and storage technology, which seeks to prevent CO2 emissions from entering the atmosphere and has been touted as a possible solution to the climate crisis.

Drax, for example, is developing a system to capture the carbon it produces from burning biomass. But that could be 10 years away.

The Coal King is racing to avoid bankruptcy

The power station is currently capturing just 1 metric ton of CO2 emissions per day. Gardner says it hopes to increase this to 10,000 metric tons per day by the mid to late 2020s.

"The technology works but scaling it up and rolling it out, and financing it, are going to be significant challenges," says Slade.

The Intergovernmental Panel on Climate Change shares this view. The group said in a 2018 report that while the potential for CO2 capture and storage was considerable, its importance in the fight against climate change would depend on financial incentives for deployment, and whether the risks of storage could be successfully managed. These include a potential CO2 pipeline break.

In the United Kingdom, the government believes that carbon capture and storage will be crucial to reaching its goal of achieving net-zero greenhouse gas emissions by 2050, even as low-carbon generation stalled in 2019 according to industry analysis.

It has committed to consulting on a market-based industrial carbon capture framework and in June awarded £26 million ($33 million) in funding for nine carbon capture, usage and storage projects, amid record coal-free generation on the British grid.

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Ontario Hydro Crisis highlights soaring electricity rates, costly subsidies, nuclear refurbishments, and stalled renewables in Ontario. Policy missteps, weak planning, and rising natural gas emissions burden ratepayers while energy efficiency and storage remain underused.

Key Points

High power costs and subsidies from policy errors, nuclear refurbishments, stalled efficiency and renewables in Ontario.

✅ $5.6B yearly subsidy masks electricity rates and deficits

✅ Nuclear refurbishments embed rising costs for decades

✅ Efficiency, storage, and DERs stalled amid weak planning

By Mark Winfield

While the troubled Site C and Muskrat Falls hydroelectric dam projects in B.C. and Newfoundland and Labrador have drawn a great deal of national attention over the past few months, Ontario has quietly been having a hydro crisis of its own.

One of the central promises in the 2018 platform of the Ontario Progressive Conservative party was to “clean up the hydro mess,” and then-PC leader Doug Ford vowed to fire Hydro One's leadership as part of that effort. There certainly is a mess, with the costs of subsidies taken from general provincial revenues to artificially lower hydro rates nearing $7 billion annually. That is a level approaching the province’s total pre-COVID-19 annual deficit. After only two years, that will also exceed total expected cost overruns of the Site C and Muskrat Falls projects, currently estimated at $12 billion ($6 billion each).

There is no doubt that Doug Ford’s government inherited a significant mess around the province’s electricity system from the previous Liberal governments of former premiers Dalton McGuinty and Kathleen Wynne. But the Ford government has also demonstrated a remarkable capacity for undoing the things its predecessors had managed to get right while doubling down on their mistakes.

The Liberals did have some significant achievements. Most notably: coal-fired electricity generation, which constituted 25 per cent of the province’s electricity supply in the early 2000s, was phased out in 2014. The phaseout dramatically improved air quality in the province. There was also a significant growth in renewable energy production. From  virtually zero in 2003, the province installed 4,500 MW of wind-powered generation, and 450 MW of solar photovoltaic by 2018, a total capacity more than double that of the Sir Adam Beck Generating Stations at Niagara Falls.

At the same time, public concerns over rising hydro rates flowing from a major reconstruction of the province’s electricity system from 2003 onwards became a central political issue in the province. But rather than reconsider the role of the key drivers of the continuing rate increases – namely the massively expensive and risky refurbishments of the Darlington and Bruce nuclear facilities, the Liberals adopted a financially ruinous Fair Hydro Plan. The central feature of the 2017 plan was a short-term 25 per cent reduction in hydro rates, financed by removing the provincial portion of the HST from hydro bills, and by extending the amortization period for capital projects within the system. The total cost of the plan in terms of lost revenues and financing costs has been estimated in excess of $40 billion over 29 years, with the burden largely falling on future ratepayers and taxpayers.

Decision-making around the electricity system became deeply politicized, and a secret cabinet forecast of soaring prices intensified public debate across Ontario. Legislation adopted by the Wynne government in 2016 eliminated the requirement for the development of system plans to be subject to any form of meaningful regulatory oversight or review. Instead, the system was guided through directives from the provincial cabinet. Major investments like the Darlington and Bruce refurbishments proceeded without meaningful, public, external reviews of their feasibility, costs or alternatives.

The Ford government proceeded to add more layers to these troubles. The province’s relatively comprehensive framework for energy efficiency was effectively dismantled in March, 2019, with little meaningful replacement. That was despite strong evidence that energy efficiency offered the most cost-effective strategy for reducing greenhouse gas emissions and electricity costs.

The Ford government basically retained the Fair Hydro Plan and promised further rate reductions, later tabling legislation to lower electricity rates as well. To its credit, the government did take steps to clarify real costs of the plan. Last year, these were revealed to amount to a de facto $5.6 billion-per-year subsidy coming from general revenues, and rising. That constituted the major portion of the province’s $7.4 billion pre-COVID-19 deficit. The financial hole was deepened further through November’s financial statement, with the addition of a further $1.3 billion subsidy to commercial and industrial consumers. The numbers can only get worse as the costs of the Darlington and Bruce refurbishments become embedded more fully into electricity rates.

The government also quietly dispensed with the last public vestige of an energy planning framework, relieving itself of the requirement to produce a Long-Term Energy Plan every three years. The next plan would normally have been due next month, in February.

Even the gains from the 2014 phaseout of coal-fired electricity are at risk. Major increases are projected in emissions of greenhouse gases, smog-causing nitrogen oxides and particulate matter from natural gas-fired power plants as the plants are run to cover electricity needs during the Bruce and Darlington refurbishments over the next decade. These developments could erode as much as 40 per cent of the improvements in air quality and greenhouse gas emission gained through the coal phaseout.

The province’s activities around renewable energy, energy storage and distributed energy resources are at a standstill, with exception of a few experimental “sandbox” projects, while other jurisdictions face profound electricity-sector change and adapt. Globally, these technologies are seen as the leading edge of energy-system development and decarbonization. Ontario seems to have chosen to make itself an energy innovation wasteland instead.

The overall result is a system with little or no space for innovation that is embedding ever-higher costs while trying to disguise those costs at enormous expense to the provincial treasury and still failing to provide effective relief to low-income electricity consumers.

The decline in electricity demand associated with the COVID-19 pandemic, along with the introduction of a temporary recovery rate for electricity, gives the province an opportunity to step back and consider its next steps with the electricity system. A phaseout of the Fair Hydro Plan electricity-rate reduction and its replacement with a more cost-effective strategy of targeted relief aimed at those most heavily burdened by rising hydro rates, particularly rural and low-income consumers, as reconnection efforts for nonpayment have underscored the hardship faced by many households, would be a good place to start.

Next, the province needs to conduct a comprehensive, public review of electricity options available to it, including additional renewables – the costs of which have fallen dramatically over the past decade – distributed energy resources, hydro imports from Quebec and energy efficiency before proceeding with further nuclear refurbishments.

In the longer term, a transparent, evidence-based process for electricity system planning needs to be established – one that is subject to substantive public and regulatory oversight and review. Finally, the province needs to establish a new organization to be called Energy Efficiency Ontario to revive its efforts around energy efficiency, developing a comprehensive energy-efficiency strategy for the province, covering electricity and natural gas use, and addressing the needs of marginalized communities.

Without these kinds of steps, the province seems destined to continue to lurch from contradictory decision after contradictory decision as the economic and environmental costs of the system’s existing trajectory continue to rise.

Mark Winfield is a professor of environmental studies at York University and co-chair of the university’s Sustainable Energy Initiative.

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Massachusetts Energy Code Updates align DOER regulations with BBRS standards, advancing Stretch Code and Specialized Code beyond the Base Energy Code to accelerate net-zero construction, electrification, and high-efficiency building performance across municipal opt-in communities.

Key Points

They are DOER-led changes to Base, Stretch, and Specialized Codes to drive net-zero, electrified, efficient buildings.

✅ Updates apply Base, Stretch, or opt-in Specialized Code.

✅ Targets net-zero by 2050 with electrification-first design.

✅ Municipalities choose code path via City Council or Town Meeting.

Massachusetts will soon see significant updates to the energy codes that govern the construction and alteration of buildings throughout the Commonwealth.

As required by the 2021 climate bill, the Massachusetts Department of Energy Resources (DOER) has recently finalized regulations updating the current Stretch Energy Code, previously promulgated by the state's Board of Building Regulations and Standards (BBRS), and establishing a new Specialized Code geared toward achieving net-zero building energy performance.

The final code has been submitted to the Joint Committee on Telecommunications, Utilities, and Energy for review as required under state law, amid ongoing Connecticut market overhaul discussions that could influence regional dynamics.

Under the new regulations, each municipality must apply one of the following:

Base Energy Code - The current Base Energy Code is being updated by the BBRS as part of its routine updates to the full set of building codes. This base code is the default if a municipality has not opted in to an alternative energy code.

Stretch Code - The updated Stretch Code creates stricter guidelines on energy-efficiency for almost all new constructions and alterations in municipalities that have adopted the previous Stretch Code, paralleling 100% carbon-free target in Minnesota and elsewhere to support building decarbonization. The updated Stretch Code will automatically become the applicable code in any municipality that previously opted-in to the Stretch Code.

Specialized Code - The newly created Specialized Code includes additional requirements above and beyond the Stretch Code, designed to get to ensure that new construction is consistent with a net-zero economy by 2050, similar to Canada's clean electricity regulations that set a 2050 decarbonization pathway. Municipalities must opt-in to adopt the Specialized Code by vote of City Council or Town Meeting.

The new codes are much too detailed to summarize in a blog post. You can read more here. Without going into those details here, it is worth noting a few significant policy implications of the new regulations:

With roughly 90% of Massachusetts municipalities having already adopted the prior version of the Stretch Code, the Commonwealth will effectively soon have a new base code that, even if it does not mandate zero-energy buildings, is nonetheless very aggressive in pushing new construction to be as energy-efficient as possible, as jurisdictions such as Ontario clean electricity regulations continue to reshape the power mix.

Although some concerns have been raised about the cost of compliance, particularly in a period of high inflation, and amid solar demand charge debates in Massachusetts, our understanding is that many developers have indicated that they can work with the new regulations without significant adverse impacts.

Of course, the success of the new codes depends on the success of the Commonwealth's efforts to transition quickly to a zero-carbon electrical grid, supported by initiatives like the state's energy storage solicitation to bolster reliability. If the cost of doing so is higher than expected, there could well be public resistance. If new transmission doesn't get built out sufficiently quickly or other problems occur, such that the power is not available to electrify all new construction, that would be a much more significant problem - for many reasons!

In short, the new regulations unquestionably set the Commonwealth on a course to electrify new construction and squeeze carbon emissions out of new buildings. However, as with the rest of our climate goals, there are a lot of moving pieces, including proposals for a clean electricity standard shaping the power sector that are going to have to come together to make the zero-carbon economy a reality.

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AI Load Forecasting for Utilities leverages machine learning, smart meters, and predictive analytics to balance energy demand during COVID-19 disruptions, optimize grid reliability, support demand response, and stabilize rates for residential and commercial customers.

Key Points

AI predicts utility demand with ML and smart meters to improve reliability and reduce costs.

✅ Adapts to rapid demand shifts with accurate short term forecasts

✅ Optimizes demand response and distributed energy resources

✅ Reduces outages risk while lowering procurement and operating costs

The spread of the novel coronavirus that causes COVID-19 has prompted state and local governments around the U.S. to institute shelter-in-place orders and business closures. As millions suddenly find themselves confined to their homes, the shift has strained not only internet service providers, streaming platforms, and online retailers, but the utilities supplying power to the nation’s electrical grid, which face longer, more frequent outages as well.

U.S. electricity use on March 27, 2020 was 3% lower than it was on March 27, 2019, a loss of about three years of sales growth. Peter Fox-Penner, director of the Boston University Institute for Sustainable Energy, asserted in a recent op-ed that utility revenues will suffer because providers are halting shutoffs and deferring rate increases. Moreover, according to research firm Wood Mackenzie, the rise in household electricity demand won’t offset reduced business electricity demand, mainly because residential demand makes up just 40% of the total demand across North America.

Some utilities are employing AI and machine learning for the energy transition to address the windfalls and fluctuations in energy usage resulting from COVID-19. Precise load forecasting could ensure that operations aren’t interrupted in the coming months, thereby preventing blackouts and brownouts. And they might also bolster the efficiency of utilities’ internal processes, leading to reduced prices and improved service long after the pandemic ends.

Innowatts
Innowatts, a startup developing an automated toolkit for energy monitoring and management, counts several major U.S. utility companies among its customers, including Portland General Electric, Gexa Energy, Avangrid, Arizona Public Service Electric, WGL, and Mega Energy. Its eUtility platform ingests data from over 34 million smart energy meters across 21 million customers in more than 13 regional energy markets, while its machine learning algorithms analyze the data to forecast short- and long-term loads, variances, weather sensitivity, and more.

Beyond these table-stakes predictions, Innowatts helps evaluate the effects of different rate configurations by mapping utilities’ rate structures against disaggregated cost models. It also produces cost curves for each customer that reveal the margin impacts on the wider business, and it validates the yield of products and cost of customer acquisition with models that learn the relationships between marketing efforts and customer behaviors (like real-time load).

Innowwatts told VentureBeat that it observed “dramatic” shifts in energy usage between the first and fourth weeks of March. In the Northeast, “non-essential” retailers like salons, clothing shops, and dry cleaners were using only 35% as much energy toward the end of the month (after shelter-in-place orders were enacted) versus the beginning of the month, while restaurants (excepting pizza chains) were using only 28%. In Texas, conversely, storage facilities were using 142% as much energy in the fourth week compared with the first.

Innowatts says that throughout these usage surges and declines, its clients took advantage of AI-based load forecasting to learn from short-term shocks and make timely adjustments. Within three days of shelter-in-place orders, the company said, its forecasting models were able to learn new consumption patterns and produce accurate forecasts, accounting for real-time changes.

Innowatts CEO Sid Sachdeva believes that if utility companies had not leveraged machine learning models, demand forecasts in mid-March would have seen variances of 10-20%, significantly impacting operations.

“During these turbulent times, AI-based load forecasting gives energy providers the ability to … develop informed, data-driven strategies for future success,” Sachdeva told VentureBeat. “With utilities and energy retailers seeing a once-in-a-lifetime 30%-plus drop in commercial energy consumption, accurate forecasting has never been more important. Without AI tools, utilities would see their forecasts swing wildly, leading to inaccuracies of 20% or more, placing an enormous strain on their operations and ultimately driving up costs for businesses and consumers.”

Autogrid
Autogrid works with over 50 customers in 10 countries — including Energy Australia, Florida Power & Light, and Southern California Edison — to deliver AI-informed power usage insights. Its platform makes 10 million predictions every 10 minutes and optimizes over 50 megawatts of power, which is enough to supply the average suburb.

Flex, the company’s flagship product, predicts and controls tens of thousands of energy resources from millions of customers by ingesting, storing, and managing petabytes of data from trillions of endpoints. Using a combination of data science, machine learning, and network optimization algorithms, Flex models both physics and customer behavior, automatically anticipating and adjusting for supply and demand patterns through virtual power plants that coordinate distributed assets.

Autogrid also offers a fully managed solution for integrating and utilizing end-customer installations of grid batteries and microgrids. Like Flex, it automatically aggregates, forecasts, and optimizes capacity from assets at sub-stations and transformers, reacting to distribution management needs while providing capacity to avoid capital investments in system upgrades.

Autogrid CEO Dr. Amit Narayan told VentureBeat that the COVID-19 crisis has heavily shifted daily power distribution in California, where it’s having a “significant” downward impact on hourly prices in the energy market. He says that Autogrid has also heard from customers about transformer failures in some regions due to overloaded circuits, which he expects will become a problem in heavily residential and saturated load areas during the summer months (as utilities prepare for blackouts across the U.S. when air conditioning usage goes up).

“In California, [as you’ll recall], more than a million residents faced wildfire prevention-related outages in PG&E territory in 2019,” Narayan said, referring to the controversial planned outages orchestrated by Pacific Gas & Electric last summer. “The demand continues to be high in 2020 in spite of the COVID-19 crisis, as residents prepare to keep the lights on and brace for a similar situation this summer. If a 2019 repeat happens again, it will be even more devastating, given the health crisis and difficulty in buying groceries.”

AI making a difference
AI and machine learning isn’t a silver bullet for the power grid — even with predictive tools at their disposal, utilities are beholden to a tumultuous demand curve and to mounting climate risks across the grid. But providers say they see evidence the tools are already helping to prevent the worst of the pandemic’s effects — chiefly by enabling them to better adjust to shifted daily and weekly power load profiles.

“The societal impact [of the pandemic] will continue to be felt — people may continue working remotely instead of going into the office, they may alter their commute times to avoid rush hour crowds, or may look to alternative modes of transportation,” Schneider Electric chief innovation officer Emmanuel Lagarrigue told VentureBeat. “All of this will impact the daily load curve, and that is where AI and automation can help us with maintenance, performance, and diagnostics within our homes, buildings, and in the grid.”

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AWS Renewable Energy Projects deliver new wind power for AWS data centers in Ireland, Sweden, and the US, adding 229 MW and 670,000 MWh annually, supporting 100% renewable targets and global cloud sustainability.

Key Points

AWS projects add wind power in Ireland, Sweden, and the US to supply clean energy for AWS data centers.

✅ 229 MW new wind capacity; 670,000 MWh annual generation

✅ Sites: Donegal (IE), Backhammar (SE), Tehachapi (US)

✅ Advances 100% renewable goal for global AWS infrastructure

 Amazon has announced three new clean energy projects as part of its long-term goal to power all Amazon Web Services (AWS) global infrastructure with renewable energy. These projects – one in Ireland, one in Sweden, and one in the United States – will deliver wind-generated energy that will total over 229 megawatts (MW) of power, with expected generation of over 670,000 megawatt hours (MWh) of renewable energy annually. The new projects are part of AWS’s long-term commitment to achieve 100 percent renewable energy for its global infrastructure. In 2018, AWS exceeded 50 percent renewable energy for its global infrastructure.

Once complete, these projects, combined with AWS’s previous nine renewable energy projects, reflect how renewable power developers benefit from diversified sources and are expected to generate more than 2,700,000 MWh of renewable energy annually – equivalent to the annual electricity consumption of over 262,000 US homes, which is approximately the size of the city of Nashville, Tennessee.

“Each of these projects brings us closer to our long-term commitment to use 100 percent renewable energy to power our global AWS infrastructure,” said Peter DeSantis, Vice President of Global Infrastructure and Customer Support, Amazon Web Services. “These projects are well-positioned to serve AWS data centers in Ireland, Sweden, and the US. We expect more projects in 2019 as we continue toward our goal of powering all AWS global infrastructure with renewable energy.”

Amazon has committed to buying the energy from a new wind project in Ireland, a 91.2 MW wind farm in Donegal. The Donegal wind farm project is expected to deliver clean energy no later than the end of 2021.

“AWS’s investment in renewable projects in Ireland illustrates their continued commitment to adding clean energy to the grid and it will make a positive contribution to Ireland’s renewable energy goals,” said Leo Varadkar, An Taoiseach of Ireland. “As a significant employer in Ireland, it is very encouraging to see Amazon taking a lead on this issue. We look forward to continuing to work with Amazon as we strive to make Ireland a leader on renewable energy.”

Amazon will also purchase 91 MW of power from a new wind farm in Bäckhammar, Sweden, which is expected to deliver renewable energy by the end of 2020.

“Sweden has long been known for ambitious renewable energy goals, and this new wind farm showcases both our country’s leadership and AWS’s commitment to renewable energy,” said Anders Ygeman, Sweden’s Minister for Energy and Digital Development. “This is a significant step in Sweden’s renewable energy production as we work toward our target of 100 percent renewable energy by 2040.”

California leads the United States in renewable electricity generation from non-hydroelectric sources, as US solar and wind growth accelerates, and the state’s Tehachapi Mountains, where AWS’s wind farm will be located, contain some of the largest wind farms in the country. The wind farm project in Tehachapi is expected to bring up to 47 MW of new renewable energy capacity by the end of 2020.

“This announcement from AWS is great news, not just for California, but for the entire country, as it reaffirms our role as a leader in renewable energy and allows us to take an important step forward on deploying the clean energy we need to respond to climate change,” said California State Senator Jerry Hill, San Mateo and Santa Clara Counties, a member of the Senate Standing Committee on Energy, Utilities and Communications.

Beyond the sustainability initiatives focused on powering the AWS global infrastructure, Amazon recently announced Shipment Zero, which is Amazon’s vision to make all Amazon shipments net zero carbon, with 50 percent of all shipments net zero by 2030. Additional sustainability programs across the company include Amazon Wind Farm Texas, which adds more than 1 million MWh of clean energy each year, alongside Amazon Wind Farm US East that is now fully operational, demonstrating scale. In total, Amazon has enabled 53 wind and solar projects worldwide, which produce more than 1,016 MW and are expected to deliver over 3,075,636 million MWh of energy annually, while peers like Arvato's solar power plant underscore broader momentum across the industry. These projects support hundreds of jobs, while providing tens of millions of dollars of investment in local communities, with Iowa wind power offering a strong example. Amazon has also set a goal to host solar energy systems at 50 fulfillment centers by 2020. This deployment of rooftop solar systems, aided by cheap batteries that enhance storage, is part of a long-term initiative that will start in North America and spread across the globe. Amazon also implemented the District Energy Project that uses recycled energy for heating Amazon offices in Seattle. For more information on Amazon’s sustainability initiatives, visit www.amazon.com/sustainability.

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Manitoba Hydro Court Ruling affirms the Public Utilities Board exceeded its jurisdiction by ordering a First Nations rate class, overturning an electricity rates appeal tied to geography, poverty, and regulatory authority in Manitoba.

Key Points

A decision holding the PUB lacked authority to create a First Nations rate class, restoring uniform electricity pricing.

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

✅ Geography, not poverty, found decisive in unlawful rate class

Manitoba Hydro was wrongly forced to create a new rate class for electricity customers living on First Nations, the Manitoba Court of Appeal has ruled. 

The court decided the Public Utilities Board "exceeded its jurisdiction" by mandating Indigenous customers on First Nations could have a different electricity rate from other Manitobans. 

The board made the order in 2018, which exempted those customers from the general rate increase that year of 3.6 per cent.

"The directive constituted the creation and implementation of general social policy, an area outside of the PUB's jurisdiction and encroaching into areas that are better suited to the federal and provincial government," says the decision, which was released Tuesday.

Hydro's appeal of the PUB's decision went to court earlier this year.

At the time, the Crown corporation acknowledged many Indigenous people on First Nations live in poverty, but it argued the Public Utilities Board was overstepping its authority in trying to address the issue by creating a new rate class.

It also argued it was against provincial law to charge different rates in different areas of the province.

The PUB, however, insisted that legislation gives it the right to decide which factors are relevant when considering electricity prices, such as social issues. 

Special Manitoba Hydro rate class needed to offset challenges of living on First Nations, appeal court hears
Manitoba Hydro can appeal order to create special First Nation rate
The board had heard evidence that some customers were making "unacceptable" sacrifices to keep the lights on each month.

Decision 'heavy-handed': AMC
The Assembly of Manitoba Chiefs, an intervener in the appeal, had backed the utility board's position. It said on-reserve customers are disproportionately vulnerable to rate hikes over time.

Grand Chief Arlen Dumas said Wednesday he was surprised by the court's ruling. 

He argued Indigenous people are unduly excluded in the setting of electricity rates in Manitoba.

"I will be speaking with my federal and provincial counterparts on how we deal with this issue, because I think it's the wrong [decision]. It's heavy-handed and we need to address it."

The appeal court judges said there is past precedent for setting equal electricity rates, regardless of where customers live. Legislation to that effect was made in the early 2000s and a few years ago, the PUB recognized that geographical limitations should not be imposed on a class of customers.

Since the board's new order didn't extend the same savings to First Nations members who don't live on reserve but face similar financial circumstances, it is clear the deciding factor was geography, rather than poverty or treaty status, the judges said.

Manitoba Hydro temporarily cutting 200 jobs, many of them front-line workers
"In my view, the PUB erred in law when it created an on-reserve class based solely on a geographic region of the province in which customers are located," the decision read.

While Manitoba Hydro objected to the PUB's order in 2018, it still devoted money to create the new customer class.

Spokesperson Bruce Owen said the utility is still studying the impact of the court's decision, but it appreciates the ruling.  

"We all recognize that many people on First Nations have challenges, but our argument was solely on whether or not the PUB had the authority to create a special rate class based on where people live."

Owen added that Hydro recognizes electricity rates can be a hardship on individuals facing poverty. He said those considerations are part of the discussions the corporation has with the utilities board.

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