German protesters object to nuclear extension

By United Press International


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Tens of thousands of anti-nuclear activists took to the streets in Berlin to protest German Chancellor Angela Merkel's plan to extend the lifespan of nuclear power in the country by at least a decade.

A smiling red sun printed on large yellow banners and around it the words "Nuclear power? No thanks!" It's Germany's oldest anti-nuclear slogan, drafted during the 1980s when the movement against the controversial energy sources was at its height but it was sported by thousands of protesters who traveled to Berlin. While organizers said around 100,000 people attended the protests past Merkel's chancellery, police officials put the number at around 40,000.

In any case, the protests are the largest sign of resistance yet to the government's plan to extend the life of the country's 17 reactors for another 12 years on average beyond the previously scheduled 2021 deadline.

"This is a signal," Claudia Roth, the head of the opposition Green Party, the group that championed the anti-nuclear movement in Europe, told German news channel N-TV.

The opposition says the current agreement, struck after marathon talks in the chancellery, is but a gift to the country's four main utilities - Eon, RWE, EnBW and Vattenfall Europe.

Sigmar Gabriel, a former environment minister who leads the opposition Social Democrats, called for a national referendum to decide the nuclear issue.

"Angela Merkel's nuclear deal is driving people into the streets because it is a stimulus program for political disaffection when the head of a government cuts a backroom deal with four energy bosses that's worth hundreds of billions of euros and safety issues for old nuclear plants are sorted out on the side," Gabriel told Spiegel Online. "Those dealings should all be public.... It would be best if the people could vote on the lifespan extension in a referendum."

The government says it wants to keep nuclear in the mix as a stable, reliable and cost-effective energy source until renewables can take over completely.

The plan to keep nuclear in the mix is one of several steps laid out in the government's new energy policy strategy paper, an ambitious bill Merkel wants the Parliament to green light this fall.

The strategy update, long called for by energy experts, sets out nine points to achieve "a clean, reliable and affordable energy supply" until 2050.

The decision is part of a major energy policy strategy paper the government presented to the public after marathon talks Sunday in the chancellor's office.

Struck following months of wrangling with the country's large utilities, the strategy paper includes financial commitments from the nuclear industry to support renewable energy sources and energy efficiency measures in exchange for longer running times. It also lists ambitious pledges to green the country's energy mix. Germany aims to boost the share of renewables to 80 percent of the electricity consumption until 2050, halve Germany's energy consumption by 2050 and reduce carbon dioxide emissions by 80 percent by 2050.

The nuclear industry agreed to pay around $380 million per year to support renewables and climate protection efforts, with total contributions to amount to $19 billion, the government said. The industry agreed to pay a new "fuel rod" tax of around $2 billion per year starting in 2011. The tax is less than expected and limited to six years - a clear negotiation victory for the utilities, observers say.

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Paris Finalises Energy Roadmap for 2025–2035 with Imminent Decree

France 2025–2035 Energy Roadmap accelerates carbon neutrality via renewables expansion, energy efficiency, EV adoption, heat pumps, hydrogen, CCS, nuclear buildout, and wind and solar targets, cutting fossil fuels and emissions across transport, housing, industry.

 

Key Points

A national plan to cut fossil use and emissions, boost renewables, and scale efficiency and clean technologies.

✅ Cuts fossil share to 30% by 2035 with efficiency gains

✅ Scales solar PV and wind; revives nuclear with EPR 2

✅ Electrifies transport and industry with EVs, hydrogen, CCS

 

Paris is on the verge of finalising its energy roadmap for the period 2025–2035, with an imminent decree expected to be published by the end of the first quarter of 2025. This roadmap is part of France's broader strategy to achieve carbon neutrality by 2050, aligning with wider moves toward clean electricity regulations in other jurisdictions.

Key Objectives of the Roadmap

The energy roadmap outlines ambitious targets for reducing greenhouse gas emissions across various sectors, including transport, housing, food, and energy. The primary goals are:

  • Reducing Fossil Fuel Dependency: Building on the EU's plan to dump Russian energy, the share of fossil fuels in final energy consumption is to fall from 60% in 2022 to 42% in 2030 and 30% in 2035.

  • Enhancing Energy Efficiency: A target of a 28.6% reduction in energy consumption between 2012 and 2030 is set, focusing on conservation and energy efficiency measures.

  • Expanding Decarbonised Energy Production: The roadmap aims to accelerate the development of renewable energies and the revival.

Sector-Specific Targets

  • Transport: The government aims to cut emissions by 31, focusing on the growth of electric vehicles, increasing public transport, and expanding charging infrastructure.

  • Housing: Emissions from buildings are to be reduced by 44%, with plans to replace 75% of oil-fired and install 1 million heat pumps.

  • Agriculture and Food: The roadmap includes measures to reduce emissions from agriculture by 9%, promoting organic farming and reducing the use of nitrogen fertilizers.

  • Industry: A 37% reduction in emissions is targeted through the use of electricity, biomass, hydrogen, and CO₂ capture and storage technologies informed by energy technology pathways outlined in ETP 2017.

Renewable Energy Targets

The roadmap sets ambitious targets for renewable energy production that align with Europe's ongoing electricity market reform efforts:

  • Photovoltaic Power: A sixfold increase in photovoltaic power between 2022

  • Offshore Wind Power: Reaching 18 gigawatts up from 0.6 GW

  • Onshore Wind Power: Doubling capacity from 21 GW to 45 GW over the same period.

  • Nuclear Power: The commissioning of the evolutionary power and the construction of six EPR 2 reactors, underpinned by France's deal on electricity prices with EDF to support long-term investment, with the potential for eight more.
     

Implementation and Governance

The final version of the roadmap will be adopted by decree, alongside a proposed electricity pricing scheme to address EU concerns, rather than being enshrined in law as required by the Energy Code. The government had previously abandoned the energy-climate planning. The decree is expected to be published at the end of the Multiannual Energy Program (PPE) and in the second half of the third National Low-Carbon Strategy (SNBC).

Paris's finalisation of its energy roadmap for 2025–2035 marks a significant step towards achieving carbon neutrality by 2050. The ambitious targets set across various sectors reflect a comprehensive approach to reducing greenhouse gas emissions and transitioning to a more sustainable energy system amid the ongoing EU electricity reform debate shaping market rules. The imminent decree will provide the legal framework necessary to implement these plans and drive the necessary changes across the country.

 

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Trump's Proposal on Ukraine's Nuclear Plants Sparks Controversy

Ukraine Nuclear Plant Ownership Proposal outlines U.S. management of Ukrainian reactors amid the Russia-Ukraine war, citing nuclear safety, energy security, and IAEA oversight; Kyiv rejects ownership transfer, especially regarding Zaporizhzhia under Russian control.

 

Key Points

U.S. control of Ukraine's nuclear plants for safety; Kyiv rejects transfer, citing sovereignty risks at Zaporizhzhia.

✅ U.S. proposal to manage Ukraine's reactors amid war

✅ Kyiv refuses ownership transfer; open to investment

✅ Zaporizhzhia under Russian control raises safety risks

 

In the midst of the ongoing conflict between Russia and Ukraine, U.S. President Donald Trump has proposed a controversial idea: Ukraine should give its nuclear power plants to the United States for safekeeping and management. This suggestion came during a phone call with Ukrainian President Volodymyr Zelenskyy, wherein Trump expressed the belief that American ownership of these nuclear plants could offer them the best protection amid the ongoing war. But Kyiv, while open to foreign support, has firmly rejected the idea of transferring ownership, especially as the Zaporizhzhia nuclear plant remains under Russian occupation.

Ukraine’s nuclear energy infrastructure has always been a vital component of its power generation. Before the war, the country’s four nuclear plants supplied nearly half of its electricity. As Russia's military forces target Ukraine's energy infrastructure, including power plants and coal mines, international watchdogs like the IAEA have warned of nuclear risks as these nuclear facilities have become crucial to maintaining the nation’s energy stability. The Zaporizhzhia plant, in particular, has attracted international concern due to its size and the ongoing threat of a potential nuclear disaster.

Trump’s Proposal and Ukraine’s Response

Trump’s proposal of U.S. ownership came as a response to the ongoing threats posed by Russia’s occupation of the Zaporizhzhia plant. Trump argued that the U.S., with its expertise in running nuclear power plants, could safeguard these facilities from further damage and potential nuclear accidents. However, Zelenskyy quickly clarified that the discussion was only focused on the Zaporizhzhia plant, which is currently under Russian control. The Ukrainian president emphasized that Kyiv would not entertain the idea of permanently transferring ownership of its nuclear plants, even though they would welcome investment in their restoration and modernization, particularly after the war.

The Zaporizhzhia nuclear plant has been a focal point of geopolitical tensions since Russia's occupation in 2022. Despite being in "cold shutdown" to prevent further risk of explosions, the facility remains a major concern due to its potential to cause a nuclear disaster. Ukrainian officials, along with international observers, have raised alarm about the safety risks posed by the plant, including mines at Zaporizhzhia reported by UN watchdogs, which is situated in a war zone and under the control of Russian forces who are reportedly neglecting proper safety protocols.

The Fear of a Nuclear Provocation

Ukrainians have expressed concerns that Trump’s proposal could embolden Russia to escalate tensions further, even as a potential agreement on power-plant attacks has been discussed by some parties. Some fear that any attempt to reclaim the plant by Ukraine could trigger a Russian provocation, including a deliberate attack on the plant, which would have catastrophic consequences for both Ukraine and the broader region. The analogy is drawn with the destruction of the Nova Kakhovka dam, which Ukraine accuses Russia of sabotaging, an act that severely disrupted water supplies to the Zaporizhzhia plant. Ukrainian military officials, including Ihor Romanenko, a former deputy head of Ukraine’s armed forces, warned that Trump’s suggestion might be an exploitation of Ukraine’s vulnerable position in the ongoing war.

Despite these fears, there are some voices within Ukraine, including former employees of the Zaporizhzhia plant, who believe that a deliberate attack by Russian forces is unlikely. They argue that the Russian military needs the plant in functioning condition for future negotiations, with Russia building new power lines to reactivate the site as part of that calculus, and any damage could reduce its value in such exchanges. However, the possibility of Russian negligence or mismanagement remains a significant risk.

The Strategic Role of Ukraine's Nuclear Plants

Ukraine's nuclear plants were a cornerstone of the country’s energy sector long before the conflict began. In recent years, as Ukraine lost access to coal resources in the Donbas region due to Russian occupation, nuclear power became even more vital, alongside a growing focus on wind power to improve resilience. The country’s reliance on these plants grew as Russia launched a sustained campaign to destroy Ukraine’s energy infrastructure, including attacks on nuclear power stations.

The Zaporizhzhia plant, in particular, holds strategic importance not only due to its size but also because of its location in southeastern Ukraine, an area that has been at the heart of the conflict. Despite being in Russian hands, the plant’s reactors have been safely shut down, reducing the immediate risk of a nuclear explosion. However, the plant’s future remains uncertain, as Russia’s long-term control over it could disrupt Ukraine’s energy security for years to come.

Wider Concerns About Aging Nuclear Infrastructure

Beyond the geopolitical tensions, there are broader concerns about the aging infrastructure of Ukraine's nuclear power plants. International watchdogs, including the environmentalist group Bankwatch, have criticized these facilities as “zombie reactors” due to their outdated designs and safety risks. Experts have called for Ukraine to decommission some of these reactors, fearing that they are increasingly unsafe, especially in the context of a war.

However, Ukrainian officials, including Petro Kotin, head of Energoatom (Ukraine's state-owned nuclear energy company), argue that these reactors are still functional and critical to Ukraine's energy needs. The ongoing conflict, however, complicates efforts to modernize and secure these facilities, which are increasingly vulnerable to both physical damage and potential nuclear hazards.

The Global Implications

Trump's suggestion to take control of Ukraine's nuclear power plants has raised significant concerns on the international stage. Some fear that such a move could set a dangerous precedent for nuclear security and sovereignty. Others see it as an opportunistic proposal that exploits Ukraine's wartime vulnerability.

While the future of Ukraine's nuclear plants remains uncertain, one thing is clear: these facilities are now at the center of a geopolitical struggle that could have far-reaching consequences for the energy security of Europe and the world. The safety of these plants and their role in Ukraine's energy future will remain a critical issue as the war continues and as Ukraine navigates its relations with both the U.S. and Russia, with the grid even having resumed electricity exports at times.

 

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ABL Secures Contract for UK Subsea Power

ABL has secured a contract for the UK Subsea Power Link, highlighting ABL Group’s marine warranty role in Eastern Green Link 2, a 2 GW offshore electricity superhighway connecting Scotland and England to enhance grid reliability and renewable energy transmission.

 

Key Points: ABL Group’s contract for the UK Subsea Power Link

ABL Group has been appointed to provide marine warranty survey services for the 2 GW Eastern Green Link 2 subsea interconnector between Scotland and England.

✅ Manages vessel suitability checks, installation oversight, and DP assurance

✅ Strengthens UK grid reliability and advances the clean energy transition

✅ Sizeable contract valued between USD 1 million and 3 million

 

Energy and marine consultancy ABL, a subsidiary of ABL Group, has been awarded a contract by Eastern Green Link 2 (EGL2) to provide marine warranty survey (MWS) services for the installation of a new 2 GW subsea power connection between Scotland and England.

EGL2 is one of the United Kingdom’s most significant energy-infrastructure projects, involving the creation of a 505-kilometre “electricity superhighway” that will enable simultaneous power transfer between Peterhead in Aberdeenshire and Drax in North Yorkshire, mirroring a renewable power link announced for the same corridor recently. The project is designed to strengthen grid resilience, integrate renewable energy from Scotland’s offshore resources, and advance the UK’s broader energy transition goals.

Under the terms of the contract, ABL will be responsible for the technical review and approval of the project and procedural documentation, as well as conducting suitability surveys of the proposed fleet for marine transportation and installation operations. The company will also provide dynamic positioning (DP) assurance where required and will review and approve all warranted operations through on-site attendances, reflecting practices used on projects like the Great Northern Transmission Line in North America.

Cable-laying operations for the link are scheduled to take place between January and September 2028, amid wider efforts to fast-track grid connections across the UK. According to ABL, the engagement represents a “sizeable” contract, valued between USD 1 million and 3 million.

“This appointment reflects ABL's reputation as a trusted MWS partner for major power transmission infrastructure development and reinforces our position at the forefront of supporting the UK's energy transition,” said Hege Norheim, CEO of ABL Group. “We look forward to contributing to this strategic initiative.”

The subsea interconnector, known as Eastern Green Link 2, will transmit up to 2 gigawatts of electricity—enough to power approximately 2 million homes. It forms part of the Great Grid Upgrade, National Grid’s nationwide program to modernize and expand the transmission network in preparation for a low-carbon future, alongside a recent 2 GW substation milestone.

By linking renewable-rich northern Scotland with high-demand regions in England, EGL2 is expected to reduce congestion on the existing grid by leveraging HVDC technology to improve transfer efficiency, enhance security of supply, and facilitate the more efficient flow of surplus renewable energy south. The connection will also support the UK government’s target of decarbonizing the electricity system by 2035.

ABL’s appointment follows a period of intensive marine and geotechnical surveys along the proposed cable route to assess seabed conditions and environmental sensitivities. The company’s marine warranty oversight will ensure that transportation and installation operations meet strict safety, technical, and environmental standards demanded by insurers and project partners, as seen in a recent cross-border transmission approval in North America.

For ABL Group, which provides engineering and risk services to the offshore energy and marine industries worldwide, the contract marks another milestone in its expanding portfolio of subsea power and transmission projects across Europe. With operations set to begin in 2028, the Eastern Green Link 2 initiative represents both a major engineering challenge and a key enabler of the UK’s offshore energy ambitions, echoing a recent offshore wind power milestone in the U.S.

 

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Top Senate Democrat calls for permanent renewable energy, storage, EV tax credits

Clean Energy Tax Incentives could expand under Democratic proposals, including ITC, PTC, and EV tax credits, boosting renewable energy, energy storage, and grid modernization within a broader infrastructure package influenced by Green New Deal goals.

 

Key Points

Federal incentives like ITC, PTC, and EV credits that cut costs and speed renewables, storage, and grid upgrades.

✅ Proposes permanence for ITC, PTC, and EV tax credits

✅ Could accelerate solar, wind, storage, and grid upgrades

✅ Passage depends on bipartisan infrastructure compromise

 

The 115th U.S. Congress has not even adjourned for the winter, and already a newly resurgent Democratic Party is making demands that reflect its majority status in the U.S. House come January.

Climate appears to be near the top of the list. Last Thursday, Senator Chuck Schumer (D-NY), the Democratic Leader in the Senate, sent a letter to President Trump demanding that any infrastructure package taken up in 2019 include “policies and funding to transition to a clean energy economy and mitigate the risks that the United States is already facing due to climate change.”

And in a list of policies that Schumer says should be included, the top item is “permanent tax incentives for domestic production of clean electricity and storage, energy efficient homes and commercial buildings, electric vehicles, and modernizing the electric grid.”

In concrete terms, this could mean an extension of the Investment Tax Credit (ITC) for solar and energy storage, the Production Tax Credit (PTC) for wind and the federal electric vehicle (EV) tax credit program as well.

 

Pressure from the Left

This strong statement on climate change, clean energy and infrastructure investment comes as at least 30 incoming members of the U.S. House of Representatives have signed onto a call for the creation of a committee to explore a “Green New Deal” and to move the nation to 100% renewable energy by 2030.*

It also comes as Schumer has come under fire by activists for rumors that he plans to replace Senator Maria Cantwell (D-Washington) with coal state Democrat Joe Manchin (D-West Virginia) as the top Democrat on the Senate Energy and Natural Resources Committee.

As such, one possible way to read these moves is that centrist leaders like Schumer are responding to pressure from an energized and newly elected Left wing of the Democratic Party. It is notable that Schumer’s program includes many of the aims of the Green New Deal, while avoiding any explicit use of that phrase.

 

Implications of a potential ITC extension

The details of levels and timelines are important here, particularly for the ITC.

The ITC was set to expire at the end of 2016, but was extended in legislative horse-trading at the end of 2015 to a schedule where it remains at 30% through the end of 2019 and then steps down for the next three years, and disappears entirely for residential projects. Since that extension the IRS has issued guidance around the use of co-located energy storage, as well as setting a standard under which PV projects can claim the ITC for the year that they begin construction.

This language around construction means that projects can start work in 2019, complete in 2023 and still claim the 30% ITC, and this may be why we at pv magazine USA are seeing an unprecedented boom in project pipelines across the United States.

Of course, if the ITC were to become permanent some of those projects would be pushed out to later years. But as we saw in 2016, despite an extension of the ITC many projects were still completed before the deadline, leading to the largest volume of PV installed in the United States in any one year to date.

This means that if the ITC were extended by the end of 2020, we could see the same thing all over again – a boom in projects created by the expected sunset, and then after a slight lull a continuation of growth.

Or it is possible that a combination of raw economics, increased investor and utility interest, and accelerating renewable energy mandates will cause solar growth rates to continue every year, and that any changes in the ITC will only be a bump against a larger trend.

While the basis for expiration of the EV tax credit is the number of vehicles sold, not any year, both the battery storage and EV industries, which many see at an inflection point, could see similar effects if the ITC and EV tax credits are made permanent.

 

Will consensus be reached?

It is also unclear that any such infrastructure package will be taken up by Republicans, or that both parties will be able to come to a compromise on this issue. While the U.S. Congress passed an infrastructure bill in 2017, given the sharp and growing differences between the two parties, and divergent trade approaches such as the 100% tariff on Chinese-made EVs, it is not clear that they will be able to come to a meaningful compromise during the next two years.

 

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Iraq plans nuclear power plants to tackle electricity shortage

Iraq Nuclear Power Plan targets eight reactors and 11 GW to ease blackouts, curb emissions, and support desalination, with financing via partners like Rosatom and Kepco amid OPEC-linked demand growth and chronic grid shortages.

 

Key Points

A $40B push to build eight reactors adding 11 GW, easing blackouts, cutting emissions, and supporting desalination.

✅ $40B, 20-year payback via partner financing

✅ Talks with Rosatom, Kepco; U.S. and France consulted

✅ Parallel solar buildout to meet 2030 demand

 

Iraq is working on a plan to build nuclear reactors as the electricity-starved petrostate seeks to end the widespread blackouts that have sparked social unrest.

OPEC’s No. 2 oil producer – already suffering from power shortages and insufficient investment in aging plants – needs to meet an expected 50% jump in demand by the end of the decade. Building atomic plants could help to close the supply gap, though the country will face significant financial and geopolitical challenges in bringing its plan to fruition.

Iraq seeks to build eight reactors capable of producing about 11 gigawatts, said Kamal Hussain Latif, chairman of the Iraqi Radioactive Sources Regulatory Authority. It would seek funding from prospective partners for the $40 billion plan and pay back the costs over 20 years, he said, adding that the authority had discussed cooperation with Russian and South Korean officials, as Iran-Iraq energy cooperation progresses across the sector.

Plunging crude prices last year deprived Iraq of funds to maintain and expand its long-neglected electricity system, though grid rehabilitation deals have been finalized to support upgrades. The resulting outages triggered protests that threatened to topple the government.

“We have several forecasts that show that without nuclear power by 2030, we will be in big trouble,” Latif said in an interview at his office in Baghdad. Not only is there the power shortage and surge in demand to deal with, but Iraq is also trying to cut emissions and produce more water via desalination — “issues that raise the alarm for me.”

Raising financing will be a major task given that Iraq has suffered budgetary crises amid volatile oil prices. Even with crude at about $70 a barrel now, the country is only just balancing its budget, according to data from the International Monetary Fund.

The government will also have to tackle geopolitical concerns around the safety of atomic energy, which have stymied nuclear ambitions elsewhere in the region, even as Europe's nuclear decline underscores broader energy challenges.

Nuclear power, which doesn’t produce carbon dioxide, would help Gulf states’ efforts to cut emissions as governments worldwide, including India's nuclear push to expand capacity, look to become greener. The technology would also allow them to earmark more of their valuable hydrocarbons for export. Saudi Arabia, which is building a test reactor, burns as much as 1 million barrels of crude a day in power plants during its summer months when temperatures soar beyond 50 degrees Celsius (122 Fahrenheit).

The Iraqi cabinet is reviewing an agreement with Russia’s Rosatom Corp. to cooperate in building reactors, Latif said. South Korean officials this year said they wanted to help build the plants and offered the Iraqis a tour of UAE nuclear reactors run by Korea Electric Power Corp. Latif said the nuclear authority has also spoken with French and U.S. officials about the plan.

Kepco, Rosatom
Kepco, as the Korean energy producer is known, is not aware of Iraq’s nuclear plans and hasn’t been in touch with Iraqi officials or been asked to work on any projects there, a company spokesman said Tuesday. Rosatom didn’t immediately comment when asked about an agreement with Iraq.

Even if Iraq builds the planned number of power stations, that still won’t be sufficient to cover future consumption. The country already faces a 10-gigawatt gap between capacity and demand and expects to need an additional 14 gigawatts this decade, Latif said.

With this in mind, Iraq plans to build enough solar plants to generate a similar amount of power to the nuclear program by the end of the decade.
Iraq currently boasts 18.4 gigawatts of electricity, including 1.2 gigawatts imported from Iran into the grid. Capacity additions mean generation will rise to as much as 22 gigawatts by August, but that’s well short of notional demand that stands at almost 28 gigawatts under normal conditions. Peak usage during the hot summer months of July and August exceeds 30 gigawatts, according to the Electricity Ministry. Demand will hit 42 gigawatts by 2030, Latif said.

The nuclear authority has picked 20 potential sites for the reactors and Latif suggested that the first contracts could be signed in the next year.

It won’t be Iraq’s first attempt to go nuclear. Four decades ago, an Israeli air strike destroyed a reactor under construction south of Baghdad. The Israelis alleged the facility, called Osirak, was aimed at producing nuclear weapons for use against them. Iraq suffered more than a decade of violence and upheaval after the 2003 U.S. invasion, which was also motivated by allegations that Iraq wanted to develop weapons.

 

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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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