Smooth the path to deregulation

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In Canada, as in the United States and much of the world, the role of regulation, planning, and government provision has been shrinking, and replaced by an increased reliance on competition in markets to set prices and determine what goods and services are available to us. The net result of opening markets in finance, transportation, and communications is generally positive.

In electricity, opinions and actions are far less harmonious. This is understandable, particularly from the U.S. perspective, where we have seen the California market implode, a major blackout in the Northeast, and widespread massive rate increases - more than 70% in Maryland, where I live.

The diversity of opinion is reflected in what different jurisdictions do. Some provinces, primarily Ontario and Alberta, have already opened parts of the electricity sector - "retail" sales to some customers and "wholesale" bulk deliveries to the utilities and other enterprises supplying those customers. Other provinces have kept one or both of the wholesale and retail sectors as regulated or Crown companies.

The United States' pattern is similar. The federal government has set rules for opening U.S. wholesale bulk markets but with no mandate to do so, leaving a patchwork of practices across the country. The individual states control retail markets, of which some have opened (perhaps Texas most successfully), some never did (mostly in the Southeast and Midwest), and some opting to go back to regulation (most recently, Virginia).

Why the difference across provinces and states? Some U.S. evidence suggests that initial moves to deregulate were made where electricity rates were relatively high, but it does not explain all of the difference. A second possibility is that some have it right and some are blinded by ideology, either for or against markets. A third is that nobody really knows how best to open electricity markets and, consequently, whether doing so is worth the trouble.

At the retail level, a fair question is whether consumers, particularly residential consumers, really want it. In Maryland, which has open markets, competitors to the traditional utilities make less than 3% of residential electricity sales. Competition is more successful in sales to larger commercial and industrial customers; among the biggest, almost 95% of the sales come from new competitors. Other factors might explain residential resistance - and the record is, admittedly, a little better in some provinces and states. One outstanding question: Do we do households a favour in forcing them to choose?

Electricity combines attributes that make opening markets difficult. First, if the power goes out, economic activity grinds to a halt and public health and safety are at risk. Second, electricity is too costly to store; what we use must roughly match what gets produced. Supplying electricity to meet peak demands is hugely more expensive than at low demand. In Ontario, the top 10% of capacity is called upon less than 0.5% of the hours during a year - not much time to recover costs.

These rare peaks can justify prices, during those few hours, that are 10 or more times usual rates, but the system becomes vulnerable to generators holding back electricity to drive prices up even more. This is why "smart meters" enabling real-time price variation can help electricity markets work. Ontario has taken steps in this direction, but even time-of-day pricing - when not tuned to actual market conditions - will not constrain demand in those few extreme hours when meeting peak demand is the most costly.

The third and most crucial aspect of electricity is its interconnectedness. Because generators share the same set of transmission wires, one supplier's failure to meet its customers' needs will cause the whole system to come down. With products like cars, customers can pay for reliability. With electricity, reliability is a collective service.

Central control to ensure reliability may be consistent with overall competition - think of air traffic control. But it could require so much co-ordinated planning that entrepreneurial spirit is stifled. This is particularly important if generation - the competitive part - has to be planned along with transmission, a regulated monopoly for the foreseeable future.

We can smooth the path to competition by focusing efforts on opening retail markets for large commercial and industrial users, which comprise up to two-thirds of the market. "Smart meters" that allow real-time pricing can promote reliability and reduce overall costs. Provinces worried about generation companies potentially exercising market power should focus on whether generators actually withhold electricity, especially at peak periods. To avoid tilting the playing field, they should follow Ontario and Alberta in seeking to keep control of regulated transmission and distribution out of the hands of generators.

The road to competition in electricity is far from straightforward. We are lucky to have many jurisdictions taking many paths, providing lessons from which we all can learn.

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Bruce nuclear reactor taken offline as $2.1B project 'officially' begins

Bruce Power Unit 6 refurbishment replaces major reactor components, shifting supply to hydroelectric and natural gas, sustaining Ontario jobs, extending plant life to 2064, and managing radioactive waste along Lake Huron, on-time and on-budget.

 

Key Points

A 4-year, $2.1B reactor overhaul within a 13-year, $13B program to extend plant life to 2064 and support Ontario jobs.

✅ Unit 6 offline 4 years; capacity shift to hydro and gas

✅ Part of 13-year, $13B program; extends life to 2064

✅ Creates jobs; manages radioactive waste at Lake Huron

 

The world’s largest nuclear fleet, became a little smaller Monday morning. Bruce Power has began the process to take Unit 6 offline to begin a $2.1 billion project, supported by manufacturing contracts with key suppliers, to replace all the major components of the reactor.

The reactor, which produces enough electricity to power 750,000 homes and reflects higher output after upgrades across the site, will be out of service for the next four years.

In its place, hydroelectric power and natural gas will be utilized more.

Taking Unit 6 offline is just the “official” beginning of a 13-year, $13-billion project to refurbish six of Bruce Power’s eight nuclear reactors, as Ontario advances the Pickering B refurbishment as well on its grid.

Work to extend the life of the nuclear plant started in 2016, and the company recently marked an operating record while supporting pandemic response, but the longest and hardest part of the project - the major component replacement - begins now.

“The Unit 6 project marks the next big step in a long campaign to revitalize this site,” says Mike Rencheck, Bruce Power’s president and CEO.

The overall project is expected to last until 2033, and mirrors life extensions at Pickering supporting Ontario’s zero-carbon goals, but will extend the life of the nuclear plant until 2064.

Extending the life of the Bruce Power nuclear plant will sustain 22,000 jobs in Ontario and add $4 billion a year in economic activity to the province, say Bruce Power officials.

About 2,000 skilled tradespeople will be required for each of the six reactor refurbishments - 4,200 people already work at the sprawling nuclear plant near Kincardine.

It will also mean tons of radioactive nuclear waste will be created that is currently stored in buildings on the Bruce Power site, along the shores of Lake Huron.

Bruce Power restarted two reactors back in 2012, and in later years doubled a PPE donation to support regional health partners. That project was $2-billion over-budget, and three years behind schedule.

Bruce Power officials say this refurbishment project is currently on-time and on-budget.

 

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PG&E's bankruptcy plan wins support from wildfire victims

PG&E Bankruptcy Plan outlines wildfire victims compensation via a $13.5B trust funded by cash and stock, aiming CPUC and court approval before June 30 to access the state wildfire insurance fund and finalize settlement.

 

Key Points

A regulator-approved plan funding a $13.5B wildfire victims trust with cash and PG&E stock to exit bankruptcy.

✅ $13.5B trust split between cash and PG&E shares

✅ Targets CPUC and court approval to meet June 30 deadline

✅ Accesses state wildfire insurance fund for future risks

 

Pacific Gas & Electric's plan for getting out of bankruptcy has won overwhelming support from the victims of deadly Northern California wildfires ignited by the utility's fraying electrical grid, while some have pursued mega-fire lawsuits through the courts as well, despite concerns that they will be shortchanged by a $13.5 billion fund that's supposed to cover their losses.

The company announced the preliminary results of the vote on Monday without providing a specific tally. Those numbers are supposed to be filed with U.S. Bankruptcy Judge Dennis Montali by Friday.

The backing of the wildfire victims keeps PG&E on track to meet a June 30 deadline to emerge from bankruptcy in time to qualify for a coverage from a California wildfire insurance fund created to help protect the utility from getting into financial trouble again.

The current bankruptcy case, which began early last year, will require PG&E to pay out about $25.5 billion to cover the devastation caused by its neglect, including a Camp Fire guilty plea that underscored liabilities in court proceedings. It's the second time in less than 20 years that PG&E has filed for bankruptcy.

The backing for PG&E's plan isn't a surprise, even though some of the roughly 80,000 wildfire victims had been trying to rally resistance to what they consider to be a deeply flawed plan. The misgivings mostly center on the massive debt that the utility will take on to finance the plan and uncertainties about the fluctuating value of the $6.75 billion in company stock that comprises half of the $13.5 billion promised them.

As it became apparent that the COVID-19 pandemic would drive the economy into a deep recession, PG&E's shares plunged along with the rest of the stock market during March, even as it announced pandemic response measures for customers and employees during that period. That led one financial expert to estimate the PG&E stock earmarked for the wildfire victims' trust would be worth only $4.85 billion, a nearly 30% markdown.

But PG&E's stock price has rebounded in recent weeks and it's now worth more than it was when the deal setting up the victims' trust was struck last December. The shares surged more than 8% to $12.28 in Monday's late afternoon trading. The stock stood at $9.65 when PG&E reached its settlement the wildfire victims.

Critics of the utility's plan also are upset because the company still hasn't specified when the fire victims will be able to sell the shares. It now seems likely the victims will have to hold the stock through the upcoming wildfire season in Northern California, raising the specter that another calamity caused by the utility's badly outdated equipment, as power line fire reports have underscored, could cause the shares to plummet before they can cash out.

A petition signed by more than 3,100 wildfire victims recently urged Gov. Gavin Newsom to consider pushing back the deadline for qualifying for the state's wildfire from June 30 to late August to allow for more time to revise PG&E's plan, as many also turn to a wildfire assistance program for interim aid while they wait. Newsom's office hasn't responded to inquiry about the plan from The Associated Press.

But the lawyers representing the wildfire victims advised their clients to vote in favor of PG&E's plan, contending that it's the best deal they are going to get.

PG&E still must get its plan approved by the judge supervising its case, and a recent judge order on dividend use underscores the focus on wildfire mitigation. The confirmation hearings are scheduled to begin May 27. The judge, though, has indicated he will give great weight to the wishes of the wildfire victims.

California state regulators also must approve PG&E's plan, amid projections that rates will stabilize in 2025 for customers. A vote on that is scheduled Thursday before the Public Utilities Commission.

 

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The nuclear power dispute driving a wedge between France and Germany

Franco-German Nuclear Power Divide shapes EU energy policy, electricity market reform, and decarbonization strategies, as Paris backs reactors and state subsidies while Berlin prioritizes renewables, hydrogen, and energy security after Russian gas shocks.

 

Key Points

A policy rift over nuclear shaping EU market reform, subsidies, and the balance between reactors and renewables.

✅ Nuclear in EU targets vs. renewables-first strategy

✅ Market design disputes over long-term power prices

✅ Energy security after Russian gas; hydrogen definitions

 

Near the French village of Fessenheim, facing Germany across the Rhine, a nuclear power station stands dormant. The German protesters that once demanded the site’s closure have decamped, in a sign of Europe's nuclear decline, and the last watts were produced three years ago. 

But disagreements over how the plant from 1977 should be repurposed persist, speaking to a much deeper divide over nuclear power, which Eon chief's warning to Germany underscored, between the two countries on either side of the river’s banks.

German officials have disputed a proposal to turn it into a centre to treat metals exposed to low levels of radioactivity, Fessenheim’s mayor Claude Brender says. “They are not on board with anything that might in some way make the nuclear industry more acceptable,” he adds.

France and Germany’s split over nuclear power is a tale of diverging mindsets fashioned over decades, including since the Chernobyl disaster in USSR-era Ukraine. But it has now become a major faultline in a touchy relationship between Europe’s two biggest economies.

Their stand-off over how to treat nuclear in a series of EU reforms has consequences for how Europe plans to advance towards cleaner energy. It will also affect how the bloc secures power supplies as the region weans itself off Russian gas, even though nuclear would do little for the gas issue, and how it provides its industry with affordable energy to compete with the US and China. 

“There can be squabbles between partners. But we’re not in a retirement home today squabbling over trivial matters. Europe is in a serious situation,” says Eric-André Martin, a specialist in Franco-German relations at French think-tank IFRI. 

France, which produces two-thirds of its power from nuclear plants and has plans for more reactors, is fighting for the low-carbon technology to be factored into its targets for reducing emissions and for leeway to use state subsidies to fund the sector.

For Germany, which closed its last nuclear plants this year and, having turned its back on nuclear, has been particularly shaken by its former reliance on Russian gas, there’s concern that a nuclear drive will detract from renewable energy advances.

But there is also an economic subtext in a region still reeling from an energy crisis last year, reviving arguments for a needed nuclear option for climate in Germany, when prices spiked and laid bare how vulnerable households and manufacturers could become.

Berlin is wary that Paris would benefit more than its neighbours if it ends up being able to guarantee low power prices from its large nuclear output as a result of new EU rules on electricity markets, amid talk of a possible U-turn on the phaseout, people close to talks between the two countries say.

Ministers on both sides have acknowledged there is a problem. “The conflict is painful. It’s painful for the two governments as well as for our [EU] partners,” Sven Giegold, state secretary at the German economy and climate action ministry, where debates about whether a nuclear resurgence is possible persist, tells the Financial Times. 

Agnès Pannier-Runacher, France’s energy minister, says she wants to “get out of the realm of the emotional and move past the considerable misunderstandings that have accumulated in this discussion”.

In a joint appearance in Hamburg last week, German chancellor Olaf Scholz and French president Emmanuel Macron made encouraging noises over their ability to break the latest deadlock: a disagreement over the design of the EU’s electricity market. Ministers had been due to agree a plan in June but will now meet on October 17 to discuss the reform, aimed at stabilising long-term prices.

But the French and German impasse on nuclear has already slowed down debates on key EU policies such as rules on renewable energy and how hydrogen should be produced. Smaller member states are becoming impatient. The delay on the market design is “a big Franco-German show of incompetence again”, says an energy ministry official from another EU country who requested anonymity. 

 

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Rolls-Royce expecting UK approval for mini nuclear reactor by mid-2024

Rolls-Royce SMR UK Approval underscores nuclear innovation as regulators review a 470 MW factory-built modular reactor, aiming for grid power by 2029 to boost energy security, cut fossil fuels, and accelerate decarbonization.

 

Key Points

UK regulatory clearance for Rolls-Royce's 470 MW modular reactor, targeting grid power by 2029 to support clean energy.

✅ UK design approval expected by mid 2024

✅ First 470 MW unit aims for grid power by 2029

✅ Modular, factory-built; est. £1.8b per 10-acre site

 

A Rolls-Royce (RR.L) design for a small modular nuclear reactor (SMR) will likely receive UK regulatory approval by mid-2024, reflecting progress seen in the US NRC safety evaluation for NuScale as a regulatory benchmark, and be able to produce grid power by 2029, Paul Stein, chairman of Rolls-Royce Small Modular Reactors.

The British government asked its nuclear regulator to start the approval process in March, in line with the UK's green industrial revolution agenda, having backed Rolls-Royce’s $546 million funding round in November to develop the country’s first SMR reactor.

Policymakers hope SMRs will help cut dependence on fossil fuels and lower carbon emissions, as projects like Ontario's first SMR move ahead in Canada, showing momentum.

Speaking to Reuters in an interview conducted virtually, Stein said the regulatory “process has been kicked off, amid broader moves such as a Canadian SMR initiative to coordinate development, and will likely be complete in the middle of 2024.

“We are trying to work with the UK Government, and others to get going now placing orders, echoing expansions like Darlington SMR plans in Ontario, so we can get power on grid by 2029.”

In the meantime, Rolls-Royce will start manufacturing parts of the design that are most unlikely to change, while advancing partnerships like a MoU with Exelon to support deployment, Stein added.

Each 470 megawatt (MW) SMR unit costs 1.8 billion pounds ($2.34 billion) and would be built on a 10-acre site, the size of around 10 football fields, though projects in New Brunswick SMR debate have prompted questions about costs and timelines.

Unlike traditional reactors, SMRs are cheaper and quicker to build and can also be deployed on ships and aircraft. Their “modular” format means they can be shipped by container from the factory and installed relatively quickly on any proposed site.

 

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Electricity Regulation With Equity & Justice For All

Energy equity in utility regulation prioritizes fair rates, clean energy access, and DERs, addressing fixed charges and energy burdens on low-income households through stakeholder engagement and public utility commission reforms.

 

Key Points

Fairly allocates clean energy benefits and rate burdens, ensuring access and protections for low-income households.

✅ Reduces fixed charges that burden low-income households

✅ Funds community participation in utility proceedings

✅ Prioritizes DERs, energy efficiency, and solar in impacted areas

 

By Kiran Julin

Pouring over the line items on your monthly electricity bill may not sound like an enticing way to spend an afternoon, but the way electricity bills are structured has a significant impact on equitable energy access and distribution. For example, fixed fees can have a disproportionate impact on low-income households. And combined with other factors, low-income households and households of color are far more likely to report losing home heating service, with evidence from pandemic power shut-offs highlighting these disparities, according to recent federal data.

Advancing Equity in Utility Regulation, a new report published by the U.S. Department of Energy’s (DOE’s) Lawrence Berkeley National Laboratory (Berkeley Lab), makes a unifying case that utilities, regulators, and stakeholders need to prioritize energy equity in the deployment of clean energy technologies and resources, aligning with a people-and-planet electricity future envisioned by advocacy groups. Equity in this context is the fair distribution of the benefits and burdens of energy production and consumption. The report outlines systemic changes needed to advance equity in electric utility regulation by providing perspectives from four organizations — Portland General Electric, a utility company; the National Consumer Law Center, a consumer advocacy organization; and the Partnership for Southern Equity and the Center for Biological Diversity, social justice and environmental organizations.
 
“While government and ratepayer-funded energy efficiency programs have made strides towards equity by enabling low-income households to access energy-efficiency measures, that has not yet extended in a major way to other clean-energy technologies,” said Lisa Schwartz, a manager and strategic advisor at Berkeley Lab and technical editor of the report. “States and utilities can take the lead to make sure the clean-energy transition does not leave behind low-income households and communities of color. Decarbonization and energy equity goals are not mutually exclusive, and in fact, they need to go hand-in-hand.”

Energy bills and electricity rates are governed by state laws and utility regulators, whose mission is to ensure that utility services are reliable, safe, and fairly priced. Public utility commissions also are increasingly recognizing equity as an important goal, tool, and metric, and some customers face major changes to electric bills as reforms advance. While states can use existing authorities to advance equity in their decision-making, several, including Illinois, Maine, Oregon, and Washington, have enacted legislation over the last couple of years to more explicitly require utility regulators to consider equity.

“The infrastructure investments that utility companies make today, and regulator decisions about what goes into electricity bills, including new rate design steps that shape customer costs, will have significant impacts for decades to come,” Schwartz said.

Solutions recommended in the report include considering energy justice goals when determining the “public interest” in regulatory decisions, allocating funding for energy justice organizations to participate in utility proceedings, supporting utility programs that increase deployment of energy efficiency and solar for low-income households, and accounting for energy inequities and access in designing electricity rates, while examining future utility revenue models as technologies evolve.

The report is part of the Future of Electric Utility Regulation series that started in 2015, led by Berkeley Lab and funded by DOE, to encourage informed discussion and debate on utility trends and tackling the toughest issues related to state electric utility regulation. An advisory group of utilities, public utility commissioners, consumer advocates, environmental and social justice organizations, and other experts provides guidance.

 

Taking stock of past and current energy inequities

One focus of the report is electricity bills. In addition to charges based on usage, electricity bills usually also have a fixed basic customer charge, which is the minimum amount a household has to pay every month to access electricity. The fixed charge varies widely, from $5 to more than $20. In recent years, utility companies have sought sizable increases in this charge to cover more costs, amid rising electricity prices in some markets.

This fixed charge means that no matter what a household does to use energy more efficiently or to conserve energy, there is always a minimum cost. Moreover, low-income households often live in older, poorly insulated housing. Current levels of public and utility funding for energy-efficiency programs fall far short of the need. The combined result is that the energy burden – or percent of income needed to keep the lights on and their homes at a healthy temperature – is far greater for lower-income households.

“While all households require basic lighting, heating, cooling, and refrigeration, low-income households must devote a greater proportion of income to maintain basic service,” explained John Howat and Jenifer Bosco from the National Consumer Law Center and co-authors of Berkeley Lab’s report. Their analysis of data from the most recent U.S. Energy Information Administration’s Residential Energy Consumption Survey shows households with income less than $20,000 reported losing home heating service at a pace more than five times higher than households with income over $80,000. Households of color were far more likely than those with a white householder to report loss of heating service. In addition, low-income households and households of color are more likely to have to choose between paying their energy bill or paying for other necessities, such as healthcare or food.

Based on the most recent data (2015) from the U.S. Energy Information Administration (EIA), households with income less than $20,000 reported losing home heating service at a rate more than five times higher than households with income over $80,000. Households of color were far more likely than those with a white householder to report loss of heating service. Click on chart for larger view. (Credit: John Howat/National Consumer Law Center, using EIA data)

Moreover, while many of the infrastructure investment decisions that utilities make, such as whether and where to build a new power plant, often have long-term environmental and health consequences, impacted communities often are not at the table. “Despite bearing an inequitable proportion of the negative impacts of environmental injustices related to fossil fuel-based energy production and climate change, marginalized communities remain virtually unrepresented in the energy planning and decision-making processes that drive energy production, distribution, and regulation,” wrote Chandra Farley, CEO of ReSolve and a co-author of the report.


Engaging impacted communities
Each of the perspectives in the report identify a need for meaningful engagement of underrepresented and disadvantaged communities in energy planning and utility decision-making. “Connecting the dots between energy, racial injustice, economic disinvestment, health disparities, and other associated equity challenges becomes a clarion call for communities that are being completely left out of the clean energy economy,” wrote Farley, who previously served as the Just Energy Director at Partnership for Southern Equity. “We must prioritize the voices and lived experiences of residents if we are to have more equity in utility regulation and equitably transform the energy sector.”

In another essay in the report, Nidhi Thaker and Jake Wise from Portland General Electric identify the importance of collaborating directly with the communities they serve. In 2021, the Oregon Legislature passed Oregon HB 2475, which allows the Oregon Public Utility Commission to allocate ratepayer funding for organizations representing people most affected by a high energy burden, enabling them to participate in utility regulatory processes.

The report explains why energy equity requires correcting inequities resulting from past and present failures as well as rethinking how we achieve future energy and decarbonization goals. “Equity in energy requires adopting an expansive definition of the ‘public interest’ that encompasses energy, climate, and environmental justice. Energy equity also means prioritizing the deployment of distributed energy resources and clean energy technologies in areas that have been hit first and worst by the existing fossil fuel economy,” wrote Jean Su, energy justice director and senior attorney at the Center for Biological Diversity.

This report was supported by DOE’s Grid Modernization Laboratory Consortium, with funding from the Office of Energy Efficiency and Renewable Energy and the Office of Electricity.

 

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Building begins on facility linking Canada hydropower to NYC

Champlain Hudson Power Express Converter Station brings Canadian hydropower via HVDC to Queens, converting 1,250 MW to AC for New York City's grid, replacing a retired fossil site with a zero-emission, grid-scale clean energy hub.

 

Key Points

A Queens converter turning 1,250 MW HVDC hydropower into AC for NYC's grid, repurposing an Astoria fossil site.

✅ 340-mile underwater/underground HVDC link from Quebec to Queens

✅ 1,250 MW DC-AC conversion feeding directly into NY grid by 2026

✅ Replaces Astoria oil site; supports NY's 70% renewables by 2030

 

New York Governor Kathy Hochul has announced the start of construction on the converter station of the Champlain Hudson Power Express transmission line, a project to bring electricity generated from Canadian hydropower to New York City.

The 340 mile (547 km) transmission line is a proposed underwater and underground high-voltage direct current power transmission line to deliver the power from Quebec, Canada, to Queens, New York City. The project is being developed by Montreal-based public utility Hydro-Quebec (QBEC.UL) and its U.S. partner Transmission Developers, while neighboring New Brunswick has signed NB Power deals to bring more Quebec electricity into the province.

The converter station for the line will be the first-ever transformation of a fossil fuel site into a grid-scale zero-emission facility in New York City, its backers say.

Workers have already removed six tanks that previously stored 12 million gallons (45.4 million liters) of heavy oil for burning in power plants and nearly four miles (6.44 km) of piping from the site in the Astoria, Queens neighborhood, echoing Hydro-Quebec's push to wean the province off fossil fuels as regional power systems decarbonize.

The facility is expected to begin operating in 2026, even as the Ontario-Quebec power deal was not renewed elsewhere in the region. Once the construction is completed, it will convert 1,250 megawatts of energy from direct current to alternating current power that will be fed directly into the state's power grid, helping address transmission constraints that have impeded incremental Quebec-to-U.S. power deliveries.

“Renewable energy plays a critical role in the transformation of our power grid while creating a cleaner environment for our future generations,” Hochul said. The converter station is a step towards New York’s target for 70% of the state’s electricity to come from renewable sources by 2030, as neighboring Quebec has closed the door on nuclear power and continues to lean on hydropower.

 

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