Nuclear planning to the year 1,002,008

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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Nova Scotia Power Rate Increase Settlement faces UARB scrutiny as regulators weigh electricity rates, fuel costs, storm rider provisions, Bill 212 limits, and Muskrat Falls impacts on ratepayers and affordability for residential and industrial customers.

Key Points

A deal proposing 13.8% electricity hikes for 2023-2024, before the UARB, covering fuel costs, a storm rider, and Bill 212.

✅ UARB review may set different rates than the settlement

✅ Fuel cost prepayment and hedging incentives questioned

✅ Storm rider shifts climate risk onto ratepayers

Nova Scotia Premier Tim Houston is calling on provincial regulators to reject a settlement agreement between Nova Scotia Power and customer groups that would see electricity rates rise by nearly 14% electricity rate hike over the next two years.

"It is our shared responsibility to protect ratepayers and I can't state strongly enough how concerned I am that the agreement before you does not do that," Houston wrote in a letter to the Nova Scotia Utility and Review Board late Monday.

Houston urged the three-member panel to "set the agreement aside and reach its own conclusion on the aforementioned application."

"I do not believe, based on what I know, that the proposed agreement is in the best interest of ratepayers," he said.

The letter does not spell out what his Progressive Conservative government would do if the board accepts the settlement reached last week between Nova Scotia Power and lawyers representing residential, small business and large industrial customer classes.

Other groups also endorsed the deal, although Nova Scotia Power's biggest customer — Port Hawkesbury Paper — did not sign on.

'We're protecting the ratepayers'
Natural Resources Minister Tory Rushton said the province was not part of the negotiations leading up to the settlement.

"As a government or department we had no intel on those conversations that were taking place," he said Tuesday. "So, we saw the information the same as the public did late last week, and right now we're protecting the ratepayers of Nova Scotia, even though the province cannot order Nova Scotia Power to lower rates under current law. We want to make sure that that voice is still heard at the UARB level."

Rushton said he didn't want to presuppose what the UARB will say.

"But I think the premier's been very loud and clear and I believe I have been, too. The ratepayers are at the top of our mind. We have different tools at our [disposal] and we'll certainly do what we can and need to [do] to protect those ratepayers."

The settlement agreement
If approved by regulators, rates would rise by 6.9 per cent in 2023 and 6.9 per cent in 2024 — almost the same amount on the table when hearings before the review board ended in September.

The Houston government later intervened with legislation, known as Bill 212, that capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

In a statement announcing the agreement, Nova Scotia Power president Peter Gregg claimed the settlement adhered "to the direction provided by the provincial government through Bill 212."

Consumer advocate Bill Mahody, representing residential customers, told CBC News the proposed 13.8 per cent increase was "a reasonable rate increase given the revenue requirement that was testified to at the hearing."

Settlement 'remarkably' similar to NSP application
The premier disagrees, noting that the settlement and rate application that triggered the rate cap are "remarkably consistent."

He objects to the increased amount of fuel costs rolled into rates next year before the annual true up of actual fuel costs, which are automatically passed on to ratepayers.

"If Nova Scotia Power is effectively paid in advance, what motive do they have to hedge and mitigate the adjustment eventually required," Houston asked in his letter.

He also objected to the inclusion of a storm rider in rates to cover extreme weather, which he said pushed the risk of climate change on to ratepayers.

Premier second-guesses Muskrat Falls approval
Houston also second-guessed the board for approving Nova Scotia Power's participation in the Muskrat Falls hydro project in Labrador.

"The fact that Nova Scotians have paid over $500 million for this project with minimal benefit, and no one has been held accountable, is wrong," he said. "It was this board of the day that approved the contracts and entered the final project into rates."

Ratepayers are committed to paying $1.7 billion for the Maritime Link to bring the green source of electricity into the province, while rate mitigation talks in Newfoundland lack public details for their customers.

Although the Maritime Link was built on time and on budget by an affiliated company, only a fraction of Muskrat Falls hydro has been delivered because of ongoing problems in Newfoundland, including an 18% electricity rate hike deemed unacceptable by the province's consumer advocate.

"I find it remarkable that those contracts did not include different risk sharing mechanisms; they should have had provisions for issues in oversight of project management. Nevertheless, it was approved, and is causing significant harm to ratepayers in the form of increased rates."

Houston notes that because of non-delivery from Muskrat Falls, Nova Scotia Power has been forced to buy much more expensive coal to burn to generate electricity.

Opposition reaction
Opposition parties in Nova Scotia reacted to Houston's letter.

NDP Leader Claudia Chender dismissed it as bluster.

"It exposes his Bill 212 as not really helping Nova Scotians in the way that he said it would," she said. "Nothing in the settlement agreement contravenes that bill. But it seems that he's upset that he's been found out. And so here we are with another intervention in an independent regulatory body."

Liberal Leader Zach Churchill said the government should intervene to help ratepayers directly.

"We just think that it makes more sense to do that directly by supporting ratepayers through heating assistance, lump-sum electricity credits, rebate programs and expanding the eligibility for that or to provide funding directly to ratepayers instead of intervening in the energy market in this way," he said.

The premier's office said that no one was available when asked about an interview on Tuesday.

"The letter speaks for itself," the office responded.

Nova Scotia Power issued a statement Tuesday. It did not directly address Houston's claims.

"The settlement agreement is now with the NS Utility and Review Board," the utility said.

"The UARB process is designed to ensure customers are represented with strong advocates and independent oversight. The UARB will determine whether the settlement results in just and reasonable rates and is in the public interest."

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Ontario Hydro Disconnection Ban ends May 1, prompting utilities and Hydro One to push payment plans, address arrears, and link low-income assistance, as Sudbury officials urge customers to avoid spring electricity disconnections.

Key Points

A seasonal policy halting winter shutoffs in Ontario, ending May 1 as utilities emphasize payment plans and assistance.

✅ Disconnections resume after winter moratorium ends May 1.

✅ Utilities offer payment plans, arrears management, relief funds.

✅ Hydro One delays shutoffs until June 1; arrears down 60%.

The first of May has taken on new meaning this year in Ontario.

It's when the province's ban on hydro disconnections during the winter months comes to an end, even as Ontario considers extending moratoriums in some cases.

Wendy Watson, the director of communications at Greater Sudbury Utilities, says signs of the approaching deadline could be seen in their office of the past few weeks.

"We've had quite an active stream of people into our front office to catch up on their accounts and also we've had a lot of people calling us to make payment arrangements or pay their bill or deal with their arrears," she says.

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Watson says there are 590 customers in Sudbury who could face possible disconnection this spring, compared with just 60 when the ban started in November.

"They will put off until tomorrow what they can avoid today," she says.

Watson says they are hoping to work with customers to figure payment plans with more choice and flexibility and avoid the need to cut power to certain homes and businesses. 

"As we like to say we're in the distribution of energy business, not the disconnection of energy business. We want you to be able to turn the lights on," she says.

Joseph Leblanc from the Social Planning Council of Sudbury says the winter hydro disconnection ban is one of several government measures that keep low income families on the brink of disaster. (CBC)

Hydro One executive vice-president of customer care Ferio Pugilese, whose utility later extended disconnection bans across its service area, tells a different story.

He says the company has worked hard to configure payment plans for customers over the last three years amid unchanged peak-rate policies and find ways for them to pay "that fit their lifestyle."

"The threat of a disconnection is not on its own something that's going to motivate someone to pay their bills," says Pugilese.

He says Hydro One is also sending out notices this spring, but won't begin cutting anyone off until June 1st.

He says that disconnections and the amount owing from outstanding bills to Hydro One are down 60 per cent in the last year. 

Ontario Energy Minister Glenn Thibeault says there is plenty of help from government programs and utility financing options like Hydro One's relief fund for those having trouble paying their power bills. (CBC)

Sudbury MPP and Energy Minister Glenn Thibeault says his hope is that people having trouble paying their power bills will talk to their hydro utility and look at the numerous programs the government offers to help low-income citizens.

"You know, I really want every customer to have a conversation with their local utility about getting back on track and we do have those programs in place," he says.

However, Joseph Leblanc, the executive director of the Social Planning Council of Sudbury, says the winter disconnection ban is just another government policy that keeps the poor on the brink of disaster.

"It's a feel good story for the government to say that, but it's a band-aid solution. We can stop the bleeding for a little while, make sure people aren't freezing to death in Ontario," he says. 

"People choose between rent, hydro, medicine, food, and there's an option for one of those to take some pressure off for a little while."

Instead, Leblanc would like to see the government fast track the province-wide implementation of the basic income program it's testing out in a few cities. 

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Taltson Hydro Electric Heating directs surplus hydro power in the South Slave to space heat via discounted rates, displacing diesel and cutting greenhouse gas emissions, with rebates, separate metering, and backup systems shaping adoption.

Key Points

An initiative using Taltson's surplus hydro to heat buildings, discount rates replace diesel and cut emissions.

✅ 6.3 cents/kWh heating rate needs separate metering, backup heat

✅ 4-6 MW surplus hydro; outages require diesel; rebates available

✅ Program may be curtailed if new mines or mills demand power

A Northwest Territories green energy advocate says there's an obvious way to expand demand for electricity in the territory's South Slave region without relying on new mining developments — direct it toward heating.

One of the reasons the N.W.T. has always had some of the highest electricity rates in Canada is that a small number of people have to shoulder the huge costs of hydro facilities and power plants.

But some observers point out that residents consume as much energy for heat as they do for conventional uses of electricity, such as lighting and powering appliances. Right now almost all of that heat is generated by expensive oil imported from the United States.

The Northwest Territories Power Corporation says the 18-megawatt Taltson hydro system that serves the South Slave typically has four to six megawatts of excess generating capacity, even as record demand in Yukon is reported. It says using some of that to generate heat is a government priority.

But renewable energy advocate and former N.W.T. MP Dennis Bevington, who lives in the South Slave and heats his home using electricity, says the government is not making it easy for people to tap into that surplus to heat their homes and businesses, a debate that some say would benefit from independent planning at the national level.

Discount rate for heating, but there are catches
The power corporation offers hydro electricity from Taltson to use for heating at a much lower price than it charges for electricity generally. The discounted rate is not available to residential customers.

According to the corporation, consumers pay only 6.3 cents per kilowatt hour compared to the regular rate of just under 24 cents, while Manitoba Hydro financial pressures highlight the risks of expanding demand without new generation.

But to distinguish between the two, users are required to cover the cost of installing a separate power meter. Bevington, who developed the N.W.T.'s first energy strategy, says that is an unnecessary expense.

Taltson expansion key to reducing N.W.T.'s greenhouse gas emissions, says gov't
"The billing is how you control that," he said. "You establish an average electrical use in the winter months. That could be the base rate. Then, if you use power in the winter months above that, you get the discount."

Users are also required to have a back-up heating system. Taltson hydro power offers heating on the understanding that when the hydro system is down — such as during power outages or annual summer maintenance of the hydro system — electricity is not available for heating.
The president and CEO of the power corporation says there's a good reason for that. "The diesels are more expensive to run and they're actually greenhouse gas emitting," said Noel Voykin. "The whole idea of this [electric heat] program is to provide clean energy that is not otherwise being used."

According to the corporation, there have been huge savings for the few who have tapped into the hydro system to heat their buildings, and across Canada utilities are exploring novel generation such as NB Power's Belledune seawater project to diversify supply.

It's being used to heat Aurora College's Breynat Hall, and Joseph B. Tyrrell Elementary School and the transportation department garage in Fort Smith, N.W.T. Electricity is also used to heat the Jackfish power plant in the North Slave region.

The corporation says that during a four-year period, this saved more than 600,000 litres of diesel fuel and reduced greenhouse gas emissions by about 1,700 tonnes.

Bevington says the most obvious place to expand the use of electrical heat is to government housing.

"We have a hundred public housing units in Fort Smith," he said. "The government is putting diesel into those units [for heating] and they could be putting in their own electricity."

Heating a tiny part of energy market
The corporation says it sells only about 2.5 megawatts of electricity for heating each year, which is less than four per cent of the power it sells in the region. It says with some upgrades, another two megawatts of electricity could be made available for electrical heat.

Bevington says the corporation could do more to market electricity for heating. Voykin said that's the government's job. There are three programs that offer rebates to residents and businesses converting to electric heating.

If you build it, will they come? N.W.T. gov't hopes hydro expansion will attract investment
There are better options than billion dollar Taltson expansion, say energy leaders
There may be a reason why the government and the corporation are not more aggressively promoting using surplus electricity in the Taltson system for heating, as large hydro ambitions have reopened old wounds in places like Quebec and Newfoundland and Labrador during recent debates.

It is anticipating that new industrial customers may require that excess capacity in the coming years, and experiences elsewhere show that accommodating new energy-intensive customers can be challenging for utilities. Voykin said those potential new customers include a proposed mine at Pine Point and a pellet mill in Enterprise, N.W.T., even as biomass use faces environmental pushback in some regions.

The corporation says any surplus power in the system will be sold at standard rates to any new industrial customers instead of at discount rates for heating. If that requires cutting back on the heating program, it will be cut back.

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Wind and Solar Surpass Coal in U.S. power generation, as EIA data cites falling LCOE, clean energy incentives, grid upgrades, and battery storage driving renewables growth, lower emissions, jobs, and less fossil fuel reliance.

Key Points

An EIA-noted milestone where U.S. renewables outproduce coal, driven by lower LCOE, policy credits, and grid upgrades.

✅ EIA data shows wind and solar exceed coal generation

✅ Falling LCOE boosts project viability across the grid

✅ Policies and storage advances strengthen reliability

In a landmark shift for the energy sector, wind and solar power have recently surpassed coal in electricity generation in the United States. This milestone, reported by Warp News, marks a significant turning point in the country’s energy landscape and underscores the growing dominance of renewable energy sources.

A Landmark Achievement

The achievement of wind and solar energy generating more electricity than coal is a landmark moment in the U.S. energy sector. Historically, coal has been a cornerstone of electricity production, providing a substantial portion of the nation's power needs. However, recent data reveals a transformative shift, with renewables surpassing coal for the first time in 130 years, as renewable energy sources, particularly wind and solar, have begun to outpace coal in terms of electricity generation.

The U.S. Energy Information Administration (EIA) reported that in recent months, wind and solar combined produced more electricity than coal, including a record 28% share in April, reflecting a broader trend towards cleaner energy sources. This development is driven by several factors, including advancements in renewable technology, decreasing costs, and a growing commitment to reducing greenhouse gas emissions.

Technological Advancements and Cost Reductions

One of the key drivers behind this shift is the rapid advancement in wind and solar technologies, as wind power surges in the U.S. electricity mix across regions. Improvements in turbine and panel efficiency have significantly increased the amount of electricity that can be generated from these sources. Additionally, technological innovations have led to lower production costs, making wind and solar energy more competitive with traditional fossil fuels.

The cost of solar panels and wind turbines has decreased dramatically over the past decade, making renewable energy projects more economically viable. According to Warp News, the levelized cost of electricity (LCOE) from solar and wind has fallen to levels that are now comparable to or lower than coal-fired power. This trend has been pivotal in accelerating the transition to renewable energy sources.

Policy Support and Investment

Government policies and incentives have also played a crucial role in supporting the growth of wind and solar energy, with wind now the most-used renewable electricity source in the U.S. helping drive deployment. Federal and state-level initiatives, such as tax credits, subsidies, and renewable energy mandates, have encouraged investment in clean energy technologies. These policies have provided the financial and regulatory support necessary for the expansion of renewable energy infrastructure.

The Biden administration’s focus on addressing climate change and promoting clean energy has further bolstered the transition. The Infrastructure Investment and Jobs Act and the Inflation Reduction Act, among other legislative efforts, have allocated significant funding for renewable energy projects, grid modernization, and research into advanced technologies.

Environmental and Economic Implications

The surpassing of coal by wind and solar energy has significant environmental and economic implications, building on the milestone when renewables became the second-most prevalent U.S. electricity source in 2020 and set the stage for further gains. Environmentally, it represents a major step forward in reducing carbon emissions and mitigating climate change. Coal-fired power plants are among the largest sources of greenhouse gases, and transitioning to cleaner energy sources is essential for meeting climate targets and improving air quality.

Economically, the shift towards wind and solar energy is creating new opportunities and industries. The growth of the renewable energy sector is generating jobs in manufacturing, installation, and maintenance. Additionally, the decreased reliance on imported fossil fuels enhances energy security and stabilizes energy prices.

Challenges and Future Outlook

Despite the progress, there are still challenges to address. The intermittency of wind and solar power requires advancements in energy storage and grid management to ensure a reliable electricity supply. Investments in battery storage technologies and smart grid infrastructure are crucial for overcoming these challenges and integrating higher shares of renewable energy into the grid.

Looking ahead, the trend towards renewable energy is expected to continue, with renewables projected to soon provide about one-fourth of U.S. electricity as deployment accelerates, driven by ongoing technological advancements, supportive policies, and a growing commitment to sustainability. As wind and solar power become increasingly cost-competitive and efficient, their role in the U.S. energy mix will likely expand, further displacing coal and other fossil fuels.

Conclusion

The surpassing of coal by wind and solar energy in U.S. electricity generation is a significant milestone in the transition to a cleaner, more sustainable energy future. This achievement highlights the growing importance of renewable energy sources and the success of technological advancements and supportive policies in driving this transition. As the U.S. continues to invest in and develop renewable energy infrastructure, the move away from coal represents a crucial step towards achieving environmental goals and fostering economic growth in the clean energy sector.

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Sycamore Energy Manitoba Hydro Lawsuit centers on alleged mismanagement of the solar rebate incentive program, project delays, inspection backlogs, and alleged customer interference, impacting renewable energy installations, contractors, and clean power investment across Manitoba.

Key Points

Claim alleging mismanagement of Manitoba's solar rebate, delays, and inducing customers to switch installers.

✅ Lawsuit alleges mismanaged solar rebate incentive program

✅ Delays in inspections left hundreds of projects incomplete

✅ Claims Hydro urged customers to switch installers for rebates

Sycamore Energy filed a statement of claim Monday in Manitoba Court of Queens Bench against Manitoba Hydro saying it badly mismanaged its Solar Energy Program, a dispute that comes as Canada's solar progress faces criticism nationwide.

The claim also noted the crown corporation caused significant financial and reputational damage to Sycamore Energy, echoing disputes like Ontario wind cancellation costs seen elsewhere.

The statement of claim says Manitoba Hydro was telling customers to find other companies to complete solar panel installations, even as Nova Scotia's solar charge debate has unfolded.

'I'm still waiting': dozens of Manitoba solar system installations in the queue under expired incentive program
This all comes after a pilot project was launched in the province in April 2016, which would allow people to apply for a rebate under the incentive program, while Saskatchewan adjusted solar credits in parallel, and the project would cover about 25 per cent of the installation costs.

The project ended in April 2018, but hundreds of approved projects had yet to be finished.

According to Manitoba Hydro, in November there were 252 approved projects awaiting completion by more than one contractor, and Sycamore Energy said it had about 100 of those projects, a dynamic seen as New England's solar growth strains grid upgrades in other regions.

At the time Sycamore Energy COO, Alex Stuart, blamed Manitoba Hydro for the delays, stating it took too long to get inspections after solar systems were installed.

Scott Powell, Manitoba Hydro’s director of corporate communications, said in November he disagreed with Sycamore Energy’s comments, even as Ontario moves to reintroduce renewables elsewhere.

In a news release, the company said it sold more installations under Manitoba Hydro’s Solar Energy Program compared to other companies and it was instrumental in helping set up standards for the program.

“Manitoba Hydro mismanaged the solar rebate program from the beginning. In the end, they targeted our company unfairly and unlawfully by inducing our customers to break their contracts with us. Manitoba Hydro told our customers they could get an extension to their rebate but only if they switched to different installers,” said Justin Phillips, CEO of Sycamore Energy in a news release.

“We would much rather be installing clean, effective solar power projects for our customers right now. The last thing we want to do is to be suing Manitoba Hydro, but we feel we have no choice. Their actions have cost us millions in lost business. They’ve also cost the province jobs, millions in private investment and a positive way forward to help combat climate change.”

Manitoba Hydro now has 20 days to respond to the action, and a recent Cornwall wind-farm ruling underscores the stakes.

When asked for a response from CTV News, a spokesperson for the Crown corporation said it hadn’t yet been made aware of the suit.

“If a statement of claim is filed and served, we’ll file a statement of defence in due course. As this matter is now apparently before the courts, we have no further comment,” the spokesperson said.

None of these allegations have been proven in court.

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