Darlington upgrades may raise power rates

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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Calgary Winter Storm and Extreme Cold delivers heavy snowfall, ECCC warnings, blowing snow, icy roads, and dangerous wind chill across southern Alberta, as a low-pressure system and northerly inflow fuel hazardous travel and frostbite risks.

Key Points

A severe Alberta storm with heavy snow, strong winds, ECCC warnings, dangerous wind chill, and high frostbite risk.

✅ ECCC extends snowfall and winter storm warnings regionwide.

✅ Wind chill -28 to -47; frostbite possible within 5-30 minutes.

✅ AMA rescues surge; non-essential travel strongly discouraged.

Calgary and much of southern Alberta faced a significant winter storm that brought heavy snowfall, strong winds, and dangerously low temperatures. Environment and Climate Change Canada (ECCC) issued extended and expanded snowfall and winter storm warnings as persistent precipitation streamed along the southern borders. The combination of a low-pressure system off the West Coast, where a B.C. 'bomb cyclone' had left tens of thousands without power, and a northerly inflow at the surface led to significant snow accumulations in a short period.

The storm resulted in poor driving conditions across much of southern Alberta, with snow-packed and icy roads, as well as limited visibility due to blowing snow. ECCC advised postponing non-essential travel until conditions improved. As of 10 a.m. on January 17, the 511 Alberta map showed poor driving conditions throughout the region, while B.C. electricity demand hit an all-time high amid the cold.

In Calgary, the city recorded four centimeters of snow on January 16, with an additional four centimeters expected on January 17. Temperatures remained far below seasonal averages until the end of the week, and Calgary electricity use tends to surge during such cold snaps according to Enmax, with improvements starting on Sunday.

The extreme cold posed significant risks, with wind chills of -28 to -39 capable of causing frostbite in 10 to 30 minutes, as a Quebec power demand record illustrated during the deep freeze. When wind chills dropped to -40 to -47, frostbite could occur in as little as five to 10 minutes. Residents were advised to watch for signs of frostbite, including color changes on fingers and toes, pain, numbness, tingling sensations, or swelling. Those most at risk included young children, older adults, people with chronic illnesses, individuals working or exercising outdoors, and those without proper shelter.

In response to the severe weather, the Alberta Motor Association (AMA) experienced a surge in calls for roadside assistance. Between January 12 and 14, there were approximately 32,000 calls, with about 22,000 of those requiring rescues between January 12 and 14. The high volume of requests led the AMA to temporarily cease providing wait time updates on their website due to the inability to provide accurate information, while debates over Alberta electricity prices also intensified during the cold.

The storm also had broader implications across Canada. Heavy snow was expected to fall across wide swaths of southern British Columbia and parts of southern Alberta, as BC Hydro's winter payment plan offered billing relief to customers during the stretch. Northern Alberta was under extreme cold warnings, with temperatures expected to dip to -40°C through the rest of the week. Similar extreme cold was forecast for southern Ontario, with wind chill values reaching -30°C.

As the storm progressed, conditions began to improve. The wind warning for central Alberta ended by January 17, though a blowing snow advisory remained in effect for the southeast corner of the province. Northwest winds gusting up to 90 km/h combined with falling snow continued to cause poor visibility in some areas, while California power outages and landslides were reported amid concurrent severe storms along the coast. Conditions were expected to improve by mid-morning.

In the aftermath of the storm, residents were reminded of the importance of preparedness and caution during severe winter weather. Staying informed through official weather advisories, adjusting travel plans, and taking necessary precautions can help mitigate the risks associated with such extreme conditions.

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Estonia energy prices 2021 show sharp electricity hikes versus the EU average, mixed natural gas trends, kWh tariffs on Nord Pool spiking, and VAT, taxes, and support measures shaping household bills.

Key Points

EU-high electricity growth, early gas dip, then Nord Pool spikes; taxes, VAT, and subsidies shaped energy bills.

✅ Electricity up 7% on year; EU average 2.8% in H1 2021.

✅ Gas fell 1% in H1; later spiked with global market.

✅ VAT, taxes, excise and aid impacted household costs.

Estonia saw one of the highest rates in growth of electricity prices in the first half of 2021, compared with the same period in key trends in 2020 across Europe. These figures were posted before the more recent, record level of electricity and natural gas prices; the latter actually dropped slightly in Estonia in the first half of the year.

While electricity prices rose 7 percent on year in the first half of 2021 in Estonia, the average for the EU as a whole, where energy prices drove inflation across the bloc, stood at 2.8 percent over the same period, BNS reports.

Hungary (€10 per 100 Kwh) and Bulgaria (€10.20 per 100 Kwh) saw the lowest electricity prices EU-wide, while at €31.9 per KWH, Germany's power prices posted the most expensive rate, while Denmark, Belgium and Ireland also had high prices, in excess of €25 per Kwh.

Slovenia saw the highest electricity price rise, at 15 percent, and even the United States' electricity prices saw their steepest rise in decades during the same era, while Estonia was in third place, joint with Romania at 7 percent as noted, and behind Poland (8 percent).

Lithuania, on the other hand, experienced the third highest electricity price fall over the first half of 2021, compared with the same period in 2020, at 6 percent, behind only Cyprus (7 percent) and the Netherlands (10 percent, largely due to a tax cut).

Urmas Reinsalu: VAT on electricity, gas and heating needs to be lowered
The EU average price of electricity was €21.9 percent per Kwh, with taxes and excise accounting for 39 percent of this, even as prices in Spain surged across the day-ahead market.

Estonia has also seen severe electricity price rises in the second half of the year so far, with records set and then promptly broken several times earlier in October, while an Irish electricity provider raised prices amid similar pressures, and a support package for low income households rolled out for the winter season (October to March next year). The price on the Nord Pool market as of €95.01 per Kwh; a day earlier it had stood at €66.21 per Kwh, while on October 19 the price was €140.68 per Kwh.

Gas prices
Natural gas prices to household, meanwhile, dropped in Estonia over the same period, at a sharper rate (1 percent) than the EU average (0.5 percent), according to Eurostat.

Gas prices across the EU were lowest in Lithuania (€2.8 per 100 Kwh) and highest in the Netherlands (€9.6 per KWH), while the highest growth was seen in Denmark (19 percent), in the first half of 2021.

Natural gas prices dropped in 20 member states, however, with the largest drop again coming in Lithuania (23 percent).

The average price of natural gas EU-side in the first half of 2021 was €6.4, and taxes and excise duties accounted on average for 36 percent of the total.

The second half of the year has seen steep gas price rises in Estonia, largely the result of increases on the world market, though European gas benchmarks later fell to pre-Ukraine war levels.

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Peterborough Distribution Inc. Sale to Hydro One delivers a $105 million deal pending Ontario Energy Board approval, a 1% distribution rate cut, five-year rate freeze, job protections, and a new operations centre and fleet facility.

Key Points

A $105M acquisition of PDI by Hydro One, with OEB review, rate freeze, job protections, and a new operations centre.

✅ $105 million purchase; Ontario Energy Board approval required

✅ 1% distribution rate cut and a five-year rate freeze

✅ New operations centre; PDI employees offered roles at Hydro One

The City of Peterborough said Wednesday it has agreed to sell Peterborough Distribution Inc. to Hydro One for $105 million, amid a period when Hydro One shares fell after leadership changes.

The deal requires approval from the Ontario Energy Board before it can proceed.

According to the city, the deal includes a one per cent distribution rate reduction and a five-year freeze in distribution rates for customers, plus:

• A second five-year period with distribution rate increases limited to inflation and an earnings sharing mechanism to offset rates in year 11 and onward
• Protections for PDI employees with employees receiving employment offers to move to Hydro One
• A sale price of $105 million
• An agreement to develop a regional operations centre and new fleet maintenance facility in Peterborough

“Hydro One was unique in its ability to offer new investment and job creation in our community through the addition of a new operations centre to serve customers throughout the broader region,” Mayor Daryl Bennett said.

“We’re surrounded by Hydro One territory — in fact, we already have Hydro One customers within the City of Peterborough and new subdivisions will be in Hydro One territory. Hydro One will be able to create efficiencies by better utilizing its existing infrastructure, benefiting customers and supporting growth.”

The sale comes after months of negotiations amid investor concerns about Hydro One’s uncertainties. At one point, it looked like the sale wouldn’t go through, after it was announced that Hydro One had walked away from the bargaining table.

City council approved the sale of PDI in December 2016, despite a strong public opposition and debate over proposals to make hydro public again among some parties.

Elsewhere in Canada, political decisions around utilities have also sparked debate, as seen when Manitoba Hydro faced controversy over policy shifts.

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Solid-State AC Switching reimagines electrification with silicon-based, firmware-driven controls, smart outlets, programmable circuit breakers, AC-DC conversion, and embedded sensors for IoT, energy monitoring, surge protection, and safer, globally compatible devices.

Key Points

Solid-state AC switching replaces mechanical switches with silicon chips for intelligent, programmable power control.

✅ Programmable breakers trip faster and add surge and GFCI protection

✅ Shrinks AC-DC conversion, boosting efficiency and device longevity

✅ Enables sensor-rich, IoT-ready outlets with energy monitoring

Electricity is a paradox. On the one hand, it powers our most modern clean cars and miracles of computing like your phone and laptop. On the other hand, it’s one of the least updated, despite efforts to build a smarter electricity infrastructure nationwide, and most ready-for-disruption parts of our homes, offices, and factories.

A startup in Silicon Valley plans to change all that, in California’s energy transition where reliability is top of mind, and has just signed deals with leading global electronics manufacturers to make it happen.

“The end point of the electrification infrastructure of every building out there right now is based on old technology,” Thar Casey, CEO of Amber Solutions, told me recently on the TechFirst podcast. “Basically some was invented ... last century and some came in a little bit later on in the fifties and sixties.”

Ultimately, it’s an almost 18th century part of modern homes.

Even smart homes, with add-ons like the Tesla Powerwall, still rely on legacy switching.

The fuses, breakers, light switches, and electrical outlets in your home are ancient technology that would easily understood by Thomas Edison, who was born in 1847. When you flip a switch and instantly flood your room with light, it feels like a modern right. But you are simply pushing a piece of plastic which physically moves one wire to touch another wire. That completes a circuit, electricity flows, and ... let there be light.

Casey wants to change all that. To transform our hard-wired electrical worlds and make them, in a sense, soft wired. And the addressable market is literally tens of billions of devices.

The core innovation is a transition to solid-state switches.

“Take your table, which is a solid piece of wood,” Casey says. “If you can mimic what an electromechanical switch does, opening and closing, inside that table without any actual moving parts, that means you are now solid state AC switching.”

And solid-state is exactly what Silicon Valley is all about.

“Solid state it means it can be silicon,” Casey says. “It can be a chip, it can be smaller, it can be intelligent, you can have firmware, you can add software ... now you have a mini computer.”

That’s a significant innovation with a huge number of implications. It means that the AC to DC converters attached to every appliance you plug into the wall — the big “bricks” that are part of your power cord, for instance — can now be a tiny fraction of the size. Appliance run on DC, direct current, and the electricity in your walls is AC, alternating current; similar principles underpin advanced smart inverters in solar systems, and it needs to be converted before it’s usable, and that chunk of hardware, with electrolytics, magnetics, transformers and more, can now be replaced, saving space in thermostats, CO2 sensors, coffee machines, hair dryers, smoke detectors ... any small electric device.

(Since those components generally fail before the device does, replacing them is a double win.)

Going solid state also means that you can have dynamic input range: 45 volts all the way up to 600 volts.

So you can standardize one component across many different electric devices, and it’ll work in the U.S., it’ll work in Europe, it’ll work in Japan, and it will work whether it’s getting 100 or 120 or 220 volts.

Building it small and building it solid state has other benefits as well, Casey says, including a much better circuit breaker for power spikes as the U.S. grid faces climate change impacts today.

“This circuit breaker is programmable, it has intelligence, it has WiFi, it has Bluetooth, it has energy monitoring metering, it has surge protection, it has GFCI, and here’s the best part: we trip 3000 times faster than a mechanical circuit breaker.”

What that means is much more ambient intelligence that can be applied all throughout your home. Rather than one CO2 sensor in one location, every power outlet is now a CO2 sensor that can feed virtual power plant programs, too. And a particulate matter sensor and temperature sensor and dampness sensor and ... you name it.

Amber’s next-generation system-on-chip complete replacement for smart outlets
Amber’s next-generation system-on-chip complete replacement for smart outlets JOHN KOETSIER
“We put as many as fifteen functions ... in one single gang box in a wall,” Casey told me.

Solid state is the gift that keeps giving, because now every outlet can be surge-protected. Every outlet can have GFCI — ground fault circuit interruption — not just the ones in your bathroom. And every outlet and light switch in your home can participate in the sensor network that powers your home security system. Oh, and, if you want, Alexa or Siri or the Google Assistant too. Plus energy-efficient dimmers for all lighting appliances that don’t buzz.

So when can you buy Amber switches and outlets?

In a sense, never.

Casey says Amber isn’t trying to be a consumer-facing company and won’t bring these innovations to market themselves. This July, Amber announced a letter of intent with a global manufacturer that includes revenue, plus MOUs with six other major electronics manufacturers. Letters of intent can be a dime a dozen, as can memoranda of understanding, but attaching revenue makes it more serious and significant.

The company has only raised $6.7 million, according to Craft, and has a number of competitors, such as Blixt, which has funding from the European Union, and Atom Power, which is already shipping technology. But since Amber is not trying to be a consumer product and take its innovations to market itself, it needs much less cash to build a brand and a market. You’ll be able to buy Amber’s technology at some point; just not under the Amber name.

“We have over 25 companies that we’re in discussions with,” Casey says. “We’re going to give them a complete solution and back them up and support them toward success. Their success will be our success at the end of the day.”

Ultimately, of course, cost will be a big part of the discussion.

There are literally tens of billions of switches and outlets on the planet, and modernizing all of them won’t happen overnight. And if it’s expensive, it won’t happen quickly either, even as California turns to grid-scale batteries to ease strain.

Casey is a big cagey with costs — there are still a lot of variables, after all. But it seems it won’t cost that much more than current technology.

“This can’t be $1.50 to manufacture, at least not right now, maybe down the road,” he told me. “We’re very competitive, we feel very good. We’re talking to these partners. They recognize that what we’re bringing, it’s a cost that is cost effective.”

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Ontario COVID-19 Business Tax Relief outlines permanent Employer Health Tax exemptions, lower Business Education Tax rates, optional municipal property tax cuts, and hydro bill subsidies to support small businesses, industrial and commercial recovery.

Key Points

A provincial package of tax breaks and hydro subsidies to help small, industrial, and commercial businesses recover.

✅ Permanent Employer Health Tax exemption to $1M payroll

✅ Lower Business Education Tax rates for 94% of firms

✅ Hydro subsidies cut medium-large rates by 14-16%

The Ontario government's latest plan to help businesses survive and recover from the COVID-19 pandemic includes a suite of new tax breaks for small businesses and $1.3 billion to subsidize electricity bills for industrial and commercial operations.

The new measures were announced Thursday as part of Ontario's 2020 budget, which sets new provincial records for both spending and deficit projections.

The government of Premier Doug Ford says the budget will address barriers impeding long-term growth, ensuring the province forges a path to a full recovery from the pandemic.

"When the pandemic is over, Ontario will come back with a vengeance, stronger and more prosperous than ever before," Ford said at an afternoon news conference.

Small businesses with payrolls under $1 million will no longer have to pay the Employer Health Tax. The province temporarily raised the exemption from $490,000 to $1 million earlier this year, but the government is now making the change permanent.

The higher exemption means that about 90 per cent of Ontario businesses will no longer have to pay the tax, amounting to about $360 million by 2022, according to the province.

"We have heard from employers across Ontario that this measure helped them keep workers on the job during COVID-19," Finance Minister Rod Phillips told the legislature.

The 2020 budget lowers rates for the Business Education Tax (BET), a property tax earmarked for public education. More than 200,000 Ontario businesses, or 94 per cent, will see a lower rate.

"I believe this budget takes some significant initial steps to help stabilize the economy and help businesses, especially small businesses," said Toronto Mayor John Tory in a statement. Tory's office estimates that reductions to the BET will result in $117 million in lower taxes for commercial properties in Canada's largest city.

Municipal governments will also be permitted to reduce property taxes for small businesses, should they choose to do so. The province says it will "consider matching these reductions," which could amount to $385 million in tax relief by 2023.

Finance Minister Rod Phillips tabled the largest spending plan in Ontario history on Thursday afternoon. (Frank Gunn/The Canadian Press)
Municipalities currently have few options to provide targeted relief to local businesses. Guelph Mayor Cam Guthrie, chair of Ontario's Big City Mayors, said the prospect of lowering property taxes will likely be welcomed by local governments across the province.

"I really am looking forward to looking into that because it would give targeted relief to these businesses that have been asking for something from local governments for the past nine months," he said in an interview.

Tax cuts 'won't help a boarded up business,' NDP says
The 2020 budget does not contain any new direct funding for small businesses or their employees. NDP leader Andrea Horwath, who has proposed to make hydro public again, said those types of funding would help businesses more than potential tax reductions.

"A future hydro or tax cut won't help a boarded up business and it certainly won't help the folks that used to work there," Horwath said.

"Those measures are great if you're a company that's doing really well ... but let's face it, main streets across Ontario are crumbling."

Ontario did reveal on Thursday more details about a previously announced $300-million fund to support businesses in Toronto, Ottawa, Peel Region and York Region, which were placed under modified Stage 2 restrictions this fall. The money can be used to cover property taxes and energy bills for eligible businesses.

In a similar move, B.C. provided a three-month break on electricity bills for residents and businesses during the pandemic.

An undetermined amount of the $300 million will also be made available to businesses that are placed under "control" and "lockdown" rules, which are the two most severe restrictions in the province's updated reopening guidelines announced in October.

No regions are currently under these restrictions.

Elsewhere, B.C. saw commercial electricity consumption plummet during the COVID-19 pandemic.

Government to subsidize hydro bills for industrial businesses
The Ford government, which earlier oversaw a Hydro One leadership overhaul, is also taking aim at what it calls "job-killing electricity prices" in Ontario's industrial and commercial sectors.

The budget includes a $1.3 billion investment over three years to subsidize their hydro bills, a move praised by Canadian Manufacturers & Exporters as supportive of industry, which the province says have been inflated due to contracts signed by the previous Liberal government to purchase electricity generated by wind, solar and bioenergy.

"This is the legacy that is making our businesses uncompetitive," Phillips told reporters Thursday afternoon.

Ontario says its $1.3-billion investment to subsidize electricity bills will offset expensive contracts for green energy signed by the previous Liberal government. (Patrick Pleul/dpa via Associated Press)
The investment will lower rates for medium- and large-sized business by between 14 and 16 per cent, and follows an OEB decision on Hydro One rates that affects transmission and distribution costs, according to Ontario's calculations. Phillips said those rates will be among the lowest of any jurisdiction in the Great Lakes region.

The provincial government said the investment is necessary for Ontario to recover from the COVID-19 downturn. The Ford government expects that no further subsidies will be required by around 2040.

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