ABB starts up photovoltaic solar plant in Spain

Geothermal Emergency Permitting accelerates BLM approvals on public lands via categorical exclusions for exploratory drilling and geophysical surveys, boosting domestic energy security, cutting timelines by up to a year, and streamlining low-impact reviews.

Key Points

A policy fast-tracking geothermal exploration on public lands, using BLM categorical exclusions to cut review delays.

✅ Categorical exclusions speed exploratory drilling approvals

✅ Cuts permitting timelines by up to one year

✅ Focused on public lands to enhance energy security

In a significant policy shift, the U.S. Department of the Interior has introduced emergency permitting procedures aimed at expediting the development of geothermal energy projects. This initiative, announced on May 30, 2025, is part of a broader strategy to enhance domestic energy production, seen in proposals to replace Obama's power plant overhaul and reduce reliance on foreign energy sources.

Background and Rationale

The decision to fast-track geothermal energy projects comes in the wake of President Donald Trump's declaration of a national energy emergency, which faces a legal challenge from Washington's attorney general, on January 20, 2025. This declaration cited high energy costs and an unreliable energy grid as threats to national security and economic prosperity. While the emergency order includes traditional energy resources such as oil, gas, coal, and uranium and nuclear energy resources, it notably excludes renewable sources like solar, wind, and hydrogen from its scope.

Geothermal energy, which harnesses heat from beneath the Earth's surface to generate electricity, is considered a reliable and low-emission energy source. However, its development has been hindered by lengthy permitting processes and environmental reviews, with recent NEPA rule changes influencing timelines. The new emergency permitting procedures aim to address these challenges by streamlining the approval process for geothermal projects.

Key Features of the Emergency Permitting Procedures

Under the new guidelines, the Bureau of Land Management (BLM) has adopted categorical exclusions to expedite the review and approval of geothermal energy exploration on public lands. These exclusions allow for faster permitting of low-impact activities, such as drilling exploratory wells and conducting geophysical surveys, without the need for extensive environmental assessments.

Additionally, the BLM has proposed a new categorical exclusion that would apply to operations related to the search for indirect evidence of geothermal resources. This proposal is currently open for public comment and, if finalized, would further accelerate the discovery of new geothermal resources on public lands.

Expected Impact on Geothermal Energy Development

The implementation of these emergency permitting procedures is expected to significantly reduce the time and cost associated with developing geothermal energy projects. According to the Department of the Interior, the new measures could cut permitting timelines by up to a year for certain types of geothermal exploration activities.

This acceleration in project development is particularly important given the untapped geothermal potential in regions like Nevada, which is home to some of the largest undeveloped geothermal resources in the country.

Industry and Environmental Reactions

The geothermal industry has largely welcomed the new permitting procedures, viewing them as a necessary step to unlock the full potential of geothermal energy. Industry advocates argue that reducing permitting delays will facilitate the deployment of geothermal projects, contributing to a more reliable and sustainable energy grid amid debates over electricity pricing changes that affect market signals.

However, the exclusion of solar and wind energy projects from the emergency permitting procedures has drawn criticism from some environmental groups. Critics argue that a comprehensive approach to energy development should include all renewable sources, not just geothermal, to effectively address climate change, as reflected in new EPA pollution limits for coal and gas power plants, and promote energy sustainability.

The U.S. government's move to implement emergency permitting procedures for geothermal energy development marks a significant step toward enhancing domestic energy production and reducing reliance on foreign energy sources. By streamlining the approval process for geothermal projects, the administration aims to accelerate the deployment of this reliable and low-emission energy source. While the exclusion of other renewable energy sources from the emergency procedures has sparked debate, especially after states like California halted an energy rebate program during a federal freeze, the focus on geothermal energy underscores its potential role in the nation's energy future.

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Proton Conducting Fuel Cells enable reversible hydrogen energy storage, coupling electrolyzers and fuel cells with ceramic catalysts and proton-conducting membranes to convert wind and solar electricity into fuel and back to reliable grid power.

Key Points

Proton conducting fuel cells store renewable power as hydrogen and generate electricity using reversible catalysts.

✅ Reversible electrolysis and fuel-cell operation in one device

✅ Ceramic air electrodes hit up to 98% splitting efficiency

✅ Scalable path to low-cost grid energy storage with hydrogen

If we want a shot at transitioning to renewable energy, we’ll need one crucial thing: technologies that can convert electricity from wind, sun, and even electricity from raindrops into a chemical fuel for storage and vice versa. Commercial devices that do this exist, but most are costly and perform only half of the equation. Now, researchers have created lab-scale gadgets that do both jobs. If larger versions work as well, they would help make it possible—or at least more affordable—to run the world on renewables.

The market for such technologies has grown along with renewables: In 2007, solar and wind provided just 0.8% of all power in the United States; in 2017, that number was 8%, according to the U.S. Energy Information Administration. But the demand for electricity often doesn’t match the supply from solar and wind, a key reason why the U.S. grid isn't 100% renewable today. In sunny California, for example, solar panels regularly produce more power than needed in the middle of the day, but none at night, after most workers and students return home.

Some utilities are beginning to install massive banks of cheaper solar batteries in hopes of storing excess energy and evening out the balance sheet. But batteries are costly and store only enough energy to back up the grid for a few hours at most. Another option is to store the energy by converting it into hydrogen fuel. Devices called electrolyzers do this by using electricity—ideally from solar and wind power—to split water into oxygen and hydrogen gas, a carbon-free fuel. A second set of devices called fuel cells can then convert that hydrogen back to electricity to power cars, trucks, and buses, or to feed it to the grid.

But commercial electrolyzers and fuel cells use different catalysts to speed up the two reactions, meaning a single device can’t do both jobs. To get around this, researchers have been experimenting with a newer type of fuel cell, called a proton conducting fuel cell (PCFC), which can make fuel or convert it back into electricity using just one set of catalysts.

PCFCs consist of two electrodes separated by a membrane that allows protons across. At the first electrode, known as the air electrode, steam and electricity are fed into a ceramic catalyst, which splits the steam’s water molecules into positively charged hydrogen ions (protons), electrons, and oxygen molecules. The electrons travel through an external wire to the second electrode—the fuel electrode—where they meet up with the protons that crossed through the membrane. There, a nickel-based catalyst stitches them together to make hydrogen gas (H2). In previous PCFCs, the nickel catalysts performed well, but the ceramic catalysts were inefficient, using less than 70% of the electricity to split the water molecules. Much of the energy was lost as heat.

Now, two research teams have made key strides in improving this efficiency, and a new fuel cell concept brings biological design ideas into the mix. They both focused on making improvements to the air electrode, because the nickel-based fuel electrode did a good enough job. In January, researchers led by chemist Sossina Haile at Northwestern University in Evanston, Illinois, reported in Energy & Environmental Science that they came up with a fuel electrode made from a ceramic alloy containing six elements that harnessed 76% of its electricity to split water molecules. And in today’s issue of Nature Energy, Ryan O’Hayre, a chemist at the Colorado School of Mines in Golden, reports that his team has done one better. Their ceramic alloy electrode, made up of five elements, harnesses as much as 98% of the energy it’s fed to split water.

When both teams run their setups in reverse, the fuel electrode splits H2 molecules into protons and electrons. The electrons travel through an external wire to the air electrode—providing electricity to power devices. When they reach the electrode, they combine with oxygen from the air and protons that crossed back over the membrane to produce water.

The O’Hayre group’s latest work is “impressive,” Haile says. “The electricity you are putting in is making H2 and not heating up your system. They did a really good job with that.” Still, she cautions, both her new device and the one from the O’Hayre lab are small laboratory demonstrations. For the technology to have a societal impact, researchers will need to scale up the button-size devices, a process that typically reduces performance. If engineers can make that happen, the cost of storing renewable energy could drop precipitously, thereby moving us closer to cheap abundant electricity at scale, helping utilities do away with their dependence on fossil fuels.

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Smart Street Lighting NY delivers Syracuse-wide LED retrofits with smart controls, Wi-Fi, and sensors, saving $3.3 million annually and cutting nearly 8,500 tons of greenhouse gases, improving energy efficiency, safety, and maintenance.

Key Points

A NYPA-backed program replacing streetlights with LED and controls to cut costs and emissions across New York by 2025.

✅ Syracuse replaced 17,500 fixtures with LED and smart controls.

✅ Saves $3.3M yearly; cuts 8,500 tons CO2e; improves safety.

✅ NYPA financing and maintenance support enable Smart City sensors.

Governor Andrew M. Cuomo today announced the completed installation of energy-efficient LED streetlights throughout the City of Syracuse as part of the Governor's Smart Street Lighting NY program. Syracuse, through a partnership with the New York Power Authority, replaced all of its streetlights with the most comprehensive set of innovative Smart City technologies in the state, saving the city $3.3 million annually and reducing greenhouse gas emissions by nearly 8,500 tons a year--the equivalent of taking more than 1,660 cars off the road. New York has now replaced more than 100,000 of its streetlights with LED fixtures, reflecting broader state renewable ambitions across the country, a significant milestone in the Governor's goal to replace at least 500,000 streetlights with LED technology by 2025 under Smart Street Lighting NY.

Today's announcement directly supports the goals of the Climate Leadership and Community Protection Act, the most aggressive climate change law in the nation, through the increased use of energy efficiency, exemplified by Seattle City Light's program that helps customers reduce bills, to annually reduce electricity demand by three percent--equivalent to 1.8 million New York households--by 2025.

"As we move further into the 21st century, it's critical we make the investments necessary for building smarter, more sustainable communities and that's exactly what we are doing in Syracuse," Governor Cuomo said. "Not only is the Smart Street Lighting NY program reducing the city's carbon footprint, but millions of taxpayer dollars will be saved thanks to a reduction in utility costs. Climate change is not going away and it is these types of smart, forward-thinking programs which will help communities build towards the future."

The more than $16 million cutting-edge initiative, implemented by NYPA, includes the replacement of approximately 17,500 streetlights throughout the city with SMART, LED fixtures, improving lighting quality and neighborhood safety while saving energy and maintenance costs. The city's streetlights are now outfitted with SMART controls that provide programmed dimming ability, energy metering, fault monitoring, and additional tools for emergency services through on-demand lighting levels.

"The completion of the replacement of LED streetlights in Syracuse is part of our overall efforts to upgrade more than 100,000 streetlights across the state," Lieutenant Governor Kathy Hochul said. "The new lights will save the city $3.3 million annually, helping to reduce cost for energy and maintenance and reducing greenhouse gas emissions. These new light fixtures will also help to improve safety and provide additional tools for emergency services. The conversion of streetlights statewide to high-tech LED fixtures will help local governments and taxpayers save money, while increasing efficiency and safety as we work to build back better and stronger for the future."

NYPA provided Syracuse with a $500,000 Smart Cities grant for the project. The city utilized the additional funding to support special features on the streetlights that demonstrate the latest in Smart City technologies, focused on digital connectivity, environmental monitoring and public safety. These features are expected to be fully implemented in early 2021.

Connectivity: The city is planning to deploy exterior Wi-Fi at community centers and public spaces, including in neighborhoods in need of expanded digital network services.

Environmental Monitoring: Ice and snow detection systems that assist city officials in pinpointing streets covered in ice or snow and require attention to prevent accidents and improve safety. The sensors provide data that can tell the city where salt trucks and plows are most needed instead of directing trucks to drive pre-determined routes. Flood reporting and monitoring systems will also be installed.

Public Safety and Property Protection: Illegal dumping and vandalism detection sensors will be installed at strategic locations to help mitigate these disturbances. Vacant house monitoring will also be deployed by the city. The system can monitor for potential fires, detect motion and provide temperature and humidity readings of vacant homes. Trash bin sensors will be installed at various locations throughout the city that will detect when a trash bin is full and alert local officials for pick-up.

NYPA President and CEO Gil C. Quiniones said, "Syracuse is truly a pioneer in its exploration of using SMART technologies to improve public services and the Power Authority was thrilled to partner with the city on this innovative initiative. Helping our customers bring their streetlights into the future further advances NYPA's reputation as a first-mover in the energy-sector."

New York State Public Service Commission Chair John B. Rhodes said, "Governor Cuomo signed legislation making it easier for municipalities to purchase and upgrade their street lighting systems. With smart projects like these, cities such as Syracuse can install state-of-the-art, energy efficient lights and take control over their energy use, lower costs to taxpayers and protect the environment."

Mayor Ben Walsh said, "Governor Cuomo and the New York Power Authority have helped power Syracuse to the front of the pack of cities in the U.S., leveraging SMART LED lighting to save money and make life better for our residents. Because of our progress, even in the midst of a global pandemic, the Syracuse Surge, our strategy for inclusive growth in the New Economy, continues to move forward. Syracuse and all of New York State are well positioned to lead the nation and the world because of NYPA's support and the Governor's leadership."

To date, NYPA has installed more than 50,000 LED streetlights statewide, with more than 115,000 lighting replacements currently implemented. Some of the cities and towns that have already converted to LED lights, in collaboration with NYPA, include Albany, Rochester, and White Plains. In addition, the Public Service Commission, whose ongoing retail energy markets review informs consumer protections, in conjunction with investor-owned utilities around the state, has facilitated the installation of more than 50,000 additional LED lights.

The NYPA Board of Trustees, in support of the Smart Street Lighting NY program, authorized at its September meeting the expenditure of $150 million over the next five years to secure the services of Candela Systems in Hawthorne, D&M Contracting in Elmsford and E-J Electric T&D in Wallingford, Connecticut, while in other regions, city officials take a clean energy message to Georgia Power and the PSC to spur utility action. All three firms will work on behalf of NYPA to continue to implement LED lighting replacements throughout New York State to meet the Governor's goal of 500,000 LED streetlights installed by 2025.

Smart Street Lighting NY: Energy Efficient and Economically Advantageous

NYPA is working with cities, towns, villages and counties throughout New York to fully manage and implement a customer's transition to LED streetlight technology. NYPA provides upfront financing for the project, and during emergencies, New York's utility disconnection moratorium helps protect customers while payments to NYPA are made in the years following from the cost-savings created by the reduced energy use of the LED streetlights, which are 50 to 65 percent more efficient than alternative street lighting options.

Through this statewide street lighting program, NYPA's government customers are provided a wide-array of lighting options to help meet their individual needs, including specifications on the lights to incorporate SMART technology, which can be used for dozens of other functions, such as cameras and other safety features, weather sensors, Wi-Fi and energy meters.

To further advance the Governor's effort to replace existing New York street lighting, in 2019, NYPA launched a new maintenance service to provide routine and on-call maintenance services for LED street lighting fixtures installed by NYPA throughout the state, and during the COVID-19 response, New York and New Jersey suspended utility shut-offs to protect customers and maintain essential services. The new service is available to municipalities that have engaged NYPA to implement a LED street lighting conversion and have elected to install an asset management controls system on their street lighting system, reducing the number of failures and repairs needed after installation is complete.

To learn more about the Smart Street Lighting NY program, visit the program webpage on NYPA's website.

New York State's Nation-Leading Climate Plan

Governor Cuomo's nation-leading climate plan is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State builds back better as it recovers from the COVID-19 pandemic. Enshrined into law through the CLCPA, New York is on a path to reach its mandated goals of economy wide carbon neutrality and achieving a zero-carbon emissions electricity sector by 2040, similar to Ontario's clean electricity regulations that advance decarbonization, faster than any other state. It builds on New York's unprecedented ramp-up of clean energy including a $3.9 billion investment in 67 large-scale renewable projects across the state, the creation of more than 150,000 jobs in New York's clean energy sector, a commitment to develop over 9,000 megawatts of offshore wind by 2035, and 1,800 percent growth in the distributed solar sector since 2011. New York's Climate Action Council is working on a scoping plan to build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 40 percent of the benefits of clean energy investments benefit disadvantaged communities, and advancing progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 TBtus.

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San Juan Generating Station eyed for $1 coal-plant sale, as Farmington and Acme propose CCS retrofit, meeting emissions caps and renewable mandates by selling captured CO2 for enhanced oil recovery via a nearby pipeline.

Key Points

A New Mexico coal plant eyed for $1 and a CCS retrofit to cut emissions and sell CO2 for enhanced oil recovery.

✅ $400M-$800M CCS retrofit; 90% CO2 capture target

✅ CO2 sales for enhanced oil recovery; 20-mile pipeline gap

✅ PNM projects shutdown savings; renewable and emissions mandates

One dollar. That’s how much an aging New Mexico coal plant is worth. And by some estimates, even that may be too much.

Acme Equities LLC, a New York-based holding company, is in talks to buy the 847-megawatt San Juan Generating Station for $1, after four of its five owners decided to shut it down. The fifth owner, the nearby city of Farmington, says it’s pursuing the bargain-basement deal with Acme to avoid losing about 1,600 direct and indirect jobs in the area amid a broader just transition debate for energy workers.

We respectfully disagree with the notion that the plant is not economical

Acme’s interest comes as others are looking to exit a coal industry that’s been plagued by costly anti-pollution regulations. Acme’s plan: Buy the plant "at a very low cost," invest in carbon capture technology that will lower emissions, and then sell the captured CO2 to oil companies, said Larry Heller, a principal at the holding group.

By doing this, Acme “believes we can generate an acceptable rate of return,” Heller said in an email.

Meanwhile, San Juan’s majority owner, PNM Resources Inc., offers a distinctly different view, echoing declining coal returns reported by other utilities. A 2022 shutdown will push ratepayers to other energy alternatives now being planned, saving them about $3 to $4 a month on average, PNM has said.

“We could not identify a solution that would make running San Juan Generating Station economical,” said Tom Fallgren, a PNM vice president, in an email.

The potential sale comes as a new clean-energy bill, supported by Governor Lujan Grisham, is working its way through the state legislature. It would require the state to get half of its power from renewable sources by 2030, and 100 percent by 2045, even as other jurisdictions explore small modular reactor strategies to meet future demand. At the same time, the legislation imposes an emissions cap that’s about 60 percent lower than San Juan’s current levels.

In response, Acme is planning to spend $400 million to $800 million to retrofit the facility with carbon capture and sequestration technology that would collect carbon dioxide before it’s released into the atmosphere, Heller said. That would put the facility into compliance with the pending legislation and, at the same time, help generate revenue for the plant.

The company estimates the system would cut emissions by as much as 90 percent, and the captured gas could be sold to oil companies, which uses it to enhance well recovery. The bottom line, according to Heller: “A winning financial formula.”

It’s a tricky formula at best. Carbon-capture technology has been controversial, even as new coal plant openings remain rare, expensive to install and unproven at scale. Additionally, to make it work at the San Juan plant, the company would need to figure out how to deliver the CO2 to customers since the nearest pipeline is about 20 miles (32 kilometers) away.

Reducing costs

Acme is also evaluating ways to reduce costs at San Juan, Heller said, including approaches seen at operators extending the life of coal plants under regulatory scrutiny, such as negotiating a cheaper coal-supply contract and qualifying for subsidies.

Farmington’s stake in the plant is less than 10 percent. But under terms of the partnership, the city — population 45,000 — can assume full control of San Juan should the other partners decide to pull out, mirroring policy debates over saving struggling nuclear plants in other regions. That’s given Farmington the legal authority to pursue the plant’s sale to Acme.

At the end of the day, nobody wants the energy

“We respectfully disagree with the notion that the plant is not economical,” Farmington Mayor Nate Duckett said by email. Ducket said he’s in better position than the other owners to assess San Juan’s importance “because we sit at Ground Zero.”

The city’s economy would benefit from keeping open both the plant and a nearby coal mine that feeds it, according to Duckett, with operations that contribute about $170 million annually to the local area.

While the loss of those jobs would be painful to some, Camilla Feibelman, a Sierra Club chapter director, is hard pressed to see a business case for keeping San Juan open, pointing to sector closures such as the Three Mile Island shutdown as evidence of shifting economics. The plant isn’t economical now, and would almost certainly be less so after investing the capital to add carbon-capture systems.

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H2 Gateway Hydrogen Network accelerates clean energy in B.C., building electrolysis plants and hydrogen fueling stations for zero-emission vehicles, heavy-duty trucks, and long-haul transit, supporting decarbonization, green hydrogen supply, and infrastructure investment.

Key Points

A $900M B.C. initiative by HTEC to build electrolysis plants and 20 hydrogen fueling stations for zero-emission transport.

✅ $900M project with HTEC, CIB, and B.C. government

✅ 3 electrolysis plants plus byproduct liquefaction in North Vancouver

✅ Up to 20 stations; 14 for heavy-duty vehicles in B.C. and Alberta

British Columbia is taking a significant step towards a cleaner future with a brand new $900 million project. This initiative, spearheaded by hydrogen company HTEC and supported by the CIB in B.C. and the B.C. government, aims to establish a comprehensive hydrogen network across the province. This network will encompass both hydrogen production plants and fueling stations, marking a major leap in developing hydrogen infrastructure in B.C.

The project, dubbed "H2 Gateway," boasts several key components. At its core lies the construction of three brand new electrolysis hydrogen production plants. These facilities will be strategically located in Burnaby, Nanaimo, and Prince George, ensuring a wide distribution of hydrogen fuel. An additional facility in North Vancouver will focus on liquefying byproduct hydrogen, maximizing resource efficiency.

The most visible aspect of H2 Gateway will undoubtedly be the network of hydrogen fueling stations. The project envisions up to 20 stations spread across British Columbia and Alberta, complementing the province's Electric Highway build-out, with 18 being situated within B.C. itself. This extensive network will significantly enhance the accessibility of hydrogen fuel, making it a more viable option for motorists. Notably, 14 of these stations will be designed to handle heavy-duty vehicles, catering to the transportation sector's clean energy needs.

The economic and environmental benefits of H2 Gateway are undeniable. The project is expected to generate nearly 300 jobs, aligning with recent grid job creation efforts, providing a much-needed boost to the B.C. economy. More importantly, the widespread adoption of hydrogen fuel promises significant reductions in greenhouse gas emissions. Hydrogen-powered vehicles produce zero tailpipe emissions, making them a crucial tool in combating climate change.

British Columbia's investment in hydrogen infrastructure aligns with a global trend. As countries strive to achieve ambitious climate goals, hydrogen is increasingly viewed as a promising clean energy source. Hydrogen fuel cells offer several advantages over traditional electric vehicles, and while B.C. leads the country in going electric, they boast longer driving ranges and shorter refueling times, making them particularly attractive for long-distance travel and heavy-duty applications.

While H2 Gateway represents a significant step forward, challenges remain. The production of clean hydrogen, often achieved through electrolysis using renewable energy sources, faces power supply challenges and requires substantial initial investment. Additionally, the number of hydrogen-powered vehicles on the road is still relatively low.

However, projects like H2 Gateway are crucial in overcoming these hurdles. By creating a robust hydrogen infrastructure, B.C. is sending a strong signal to the industry and, alongside BC Hydro's EV charging expansion across southern B.C., is building a comprehensive clean transportation network. This investment will not only benefit the environment but also incentivize the development and adoption of hydrogen-powered vehicles. As the technology matures and production costs decrease, hydrogen fuel has the potential to revolutionize transportation and play a key role in a sustainable future.

The road ahead for hydrogen may not be entirely smooth, but British Columbia's commitment to H2 Gateway demonstrates a clear vision. By investing in clean energy infrastructure, the province is not only positioning itself as a leader in the fight against climate change, with Canada and B.C. investing in green energy solutions to accelerate progress, but also paving the way for a more sustainable transportation landscape.

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

Key Points

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

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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