BC Transmission chooses 3M conductor

By Business Wire


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BC Transmission Corporation (BCTC), the transmission system operator for the province of British Columbia, is the first Canadian utility to install 3MÂ’s light-weight, high-capacity electricity conductor, 3M Aluminum Conductor Composite Reinforced (ACCR).

3M ACCR can carry twice the current of conventional steel-core conductors of the same diameter, without requiring larger towers, even across long spans.

BCTC will deploy 3M ACCR in two cross-water segments through islands in the Straight of Georgia as part of an upgrade for a transmission line linking Vancouver Island with British ColumbiaÂ’s lower mainland. The upgrade is known as the Vancouver Island Transmission Reinforcement (VITR) Project.

The 3M ACCR segments, which include a 5,800-foot (1,770-meter) single-span crossing the Sansum Channel between Vancouver Island and Salt Spring Island, in addition to a 6,000-foot (1,830-meter) multi-span crossing, are located about 25 miles north of Victoria, the provincial capital. The installation is currently in progress and scheduled to be completed in June 2008.

According to Tim Koenig, director of the 3M High Capacity Conductor Program, 3M ACCR was chosen, in part, to permit the re-use of existing towers, and avoid potential environmental sensitivities and costs associated with building larger towers for the conventional ACSR conductors.

“Larger towers to accommodate double bundling, for example, would have required bringing heavy equipment into remote areas, some by barge, installing new foundations and guide wires, installing new towers, digging out the existing footings and then transporting the aggregate for an additional 24 towers,” says Koenig. “Moreover, one of the segments goes through part of a provincial park. Preserving the existing sightline and minimizing installation requirements are definitely pluses.”

3M ACCR is currently in service for several domestic utilities, including Xcel Energy in Minneapolis, Platte River Power Authority in Colorado, Arizona Public Service in Phoenix, and Allegheny Power near Washington D.C. In addition, Shanghai Electric Power Company Ltd. and Companhia de Transmissão de Energia Elétrica Paulista (CTEEP) became the first utilities outside of North America to purchase 3M ACCR, choosing it to boost transmission capacity in China and Brazil, respectively.

“There is a growing realization that an exhaustively tested and reliable solution exists for many of the power constraint problems that affect the grid today,” says Koenig. “And that solution is 3M ACCR. It’s cost-effective for many applications, and is becoming widely used in the U.S. and abroad.”

3M ACCR was developed with the support of the U.S. Department of Energy, which tested the conductor at Oak Ridge National Laboratory (ORNL) in Tennessee, and with early contributions by the Defense Advanced Research Projects Agency. The ORNL tests demonstrated the conductorÂ’s integrity after exposure to temperatures even higher than the rated continuous operating temperature of 210 degrees Celsius, which provides a significant safety factor. Since 3M ACCR is based on aluminum, it is not adversely affected by environmental conditions, such as moisture or UV exposure, and it has the durability typically associated with all-aluminum conductors.

In addition to testing installations at Oak Ridge, 3M ACCR has been in use, both in continuous field tests and commercial operation, for several years, under a wide range of harsh climate conditions. The conductor has met all performance and reliability expectations and has never experienced a failure in the field, in either installation or operation.

3M ACCRÂ’s strength and durability result from its core, composed of aluminum oxide (alumina) fibers embedded in high-purity aluminum, utilizing a highly specialized and patented process. The constituent materials are chemically compatible with each other and can withstand high temperatures without adverse chemical reactions or any appreciable loss in strength. The conductor also is highly resistant to corrosion.

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Failed PG&E power line blamed for Drum fire off Hwy 246 last June

PG&E Drum Fire Cause identified as a power line failure in Santa Barbara County, with arcing electricity igniting vegetation near Buellton on Drum Canyon Road; 696 acres burned as investigators and CPUC review PG&E safety.

 

Key Points

A failed PG&E power line sparked the 696-acre Drum Fire near Buellton; the utility is conducting its own probe.

✅ Power line failed between poles, arcing ignited vegetation.

✅ 696 acres burned; no structures damaged or injuries.

✅ PG&E filed CPUC incident report; ongoing investigation.

 

A downed Pacific Gas and Electric Co. power line was the cause of the Drum fire that broke out June 14 on Drum Canyon Road northwest of Buellton, a reminder that a transformer explosion can also spark multiple fires, the Santa Barbara County Fire Department announced Thursday.

The fire broke out about 12:50 p.m. north of Highway 246 and burned about 696 acres of wildland before firefighters brought it under control, although no structures were damaged or mass outages like the Los Angeles power outage occurred, according to an incident summary.

A team of investigators pinpointed the official cause as a power line that failed between two utility poles and fell to the ground, and as downed line safety tips emphasize, arcing electricity ignited the surrounding vegetation, said County Fire Department spokesman Capt. Daniel Bertucelli.

In response, a PG&E spokesman said the utility is conducting its own investigation and does not have access to whatever data investigators used, and, as the ATCO regulatory penalty illustrates, such matters can draw significant oversight, but he noted the company filed an electric incident report on the wire with the California Public Utilities Commission on June 14.

"We are grateful to the first responders who fought the 2020 Drum fire in Santa Barbara County and helped make sure that there were no injuries or fatalities, outcomes not always seen in copper theft incidents, and no reports of structures damaged or burned," PG&E spokesman Mark Mesesan said.

"While we are continuing to conduct our own investigation into the events that led to the Drum fire, and as the Site C watchdog inquiry shows, oversight bodies can seek more transparency, PG&E does not have access to the Santa Barbara County Fire Department's report."

He said PG&E remains focused on reducing wildfire risk across its service area while limiting the scope and duration of public safety power shutoffs, including strategies like line-burying decisions adopted by other utilities, and that the safety of customers and communities it serves are its most important responsibility.

 

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The crisis in numbers: How COVID-19 has reshaped Saskatchewan

Saskatchewan COVID-19 economic impact: real-time data shows drops in electricity demand, oil well licensing, traffic and tickets, plus spikes in internet usage, government site visits, remote work, and alcohol wholesale volumes.

 

Key Points

COVID-19 reduced energy use, drilling and traffic, while pushing activity online; jobs, rents and sales show strain.

✅ Electricity demand down 6.7%; residential usage up

✅ Oil well license applications fell 15-fold in April

✅ Internet traffic up 16%-46%; wireless LTE up 34%

 

We’re only just beginning to grasp how COVID-19 has upended Saskatchewan’s economy, its government and all of our lives.

The numbers that usually make headlines — job losses, economic contraction, bankruptcies — are still well behind the pace of the virus and its toll.

But other numbers change more quickly. Saskatchewan people are using less power, and the power industry is adopting on-site staffing plans to ensure reliability as conditions evolve. We’re racking up fewer speeding tickets. And as new restrictions come, we’re clicking onto Saskatchewan.ca as much as 10,000 times per minute.

Here’s some data that provides a first glimpse into how much our province has changed in just six weeks.

Electricity use tends to rise and fall in tandem with the health of the economy, and the most recent data from SaskPower suggests businesses are powering down, while regional utilities such as Manitoba Hydro seek unpaid days off to trim costs.

Peak load requirements between March 15 and April 26 were 220 MW lower than during the same period in 2019, and elsewhere BC Hydro is posting COVID-19 updates at Site C as it manages project impacts. That’s a decrease of 6.7 per cent, with total load on April 29 at 2,551 MW. A megawatt is enough electricity to power about 1,000 homes.

Separate from pandemic impacts, an external investigation at Manitoba Hydro has drawn attention to workplace conduct issues.

But it’s not homes that are turning off the lights. SaskPower spokesman Joel Cherry said commercial and industrial usage is down, while residential demand is up, with household electricity bills rising as more people stay home.

The timing of power demand has also shifted, a pattern seen as residential electricity use rises during work-from-home routines. Peak load would usually come around 8 or 9 p.m. in April. Now it’s coming earlier, typically between 5 and 6 p.m.

Oil well applications fall 15-fold
Oil prices have cratered since late February, and producers in Saskatchewan have reacted by pulling back on drilling plans, while neighbouring Alberta provides transition support for coal workers amid broader energy shifts.

Applications for well licences fell from 242 in January to 203 in February (including nine potash and one helium operations), before dropping to 84 in March. April, the month benchmark oil prices went negative for one day, producers submitted just 15 applications.

That’s 15 times fewer than the 231 applications the Ministry of Energy and Resources received in April 2019.

Well licences are needed for drilling, operating, injecting, producing or exploring an oil and gas or potash well in the province.

There has been no clear trend in well abandonment, however. There were 176 applications for abandonment in March and 155 in April, roughly in line with figures from the year before.

SGI spokesman Tyler McMurchy believes the lower numbers might stem from a combination of lower traffic volumes during part of the month, possibly combined with a shift in police priorities. The March 2020 numbers are also well below January and February figures.

Indeed, the Ministry of Highways and infrastructure reported a 16 per cent decrease in average daily traffic last month compared to March 2019, through its traffic counts at 11 different spots on highways across the province.

In Regina, traffic counts at 16 locations dropped from a high of 2.1 million in the first week of March to a low of 1.3 million during the week of March 22. That’s a 44 per cent decrease.

Counts have gradually recovered to 1.6 million in the weeks since. The data was fairly consistent at all 16 spots, which are largely major intersections, though the city cautioned they may not be representative of Regina as a whole.

Tickets for cellphone use while driving also fell, dropping from 562 in February to 314 in March. McMurchy noted that distracted driving numbers in general have been falling since November as stiffer penalties were announced. Impaired driving tickets were up, by contrast, but still within a typical range.

Internet traffic shoots up 16 per cent, far more for rural high speed
You may be spending a lot more time on Netflix and Facebook in the age of social distancing, and SaskTel has noticed.

From late February to late April, SaskTel has seen “very significant increases in provincial data traffic.” DSL and fibre optic networks have handled a 16 per cent increase in traffic, while demand on the wireless LTE network is up 34 per cent.

Usage on the Fusion network up 46 per cent. That network serves rural areas that don’t have access to other high-speed options.

The specific reference dates for comparison were February 24 and April 27.

“We attribute these changes in data usage to the pandemic and not expected seasonal or yearly shifts in usage patterns,” said spokesman Greg Jacobs.

Saskatchewan.ca was attracting just 70 page views per minute on average in February. But page views jumped over 10,000 per minute at 2:38 p.m. on March 18, as Moe was still announcing the new measures.

That’s a 14,000 per cent increase.

For all of March, visitor sessions on the site clocked in at 3,905,061, almost four times the 944,904 recorded for February.

Bureaucracy has increasingly migrated to cyberspace, with 62 per cent of civil servants now working from home. Government Skype calls, both audio and video, have tripled from 12,000 sessions per day to 35,000.Telephone conference calls increased by a factor of 14 from the first week of February to the second full week of April, with 25 times more weekly call participants. 

The Ministry of Central Services reported a 17 per cent jump in emails received by government over the past two months, excluding the Ministry of Health.

But as civil servants spend more time on their computers, the government’s fleet is spending a lot less time on the road. The ministry has purchased 40 per cent fewer litres of fuel for its vehicles over the past four weeks, compared to the same time last year.

Alcohol wholesale volumes up 22 per cent, then fall back to normal
Retailers bought more alcohol from the Saskatchewan Liquor and Gaming Authority (SLGA) last month, just as the government began tightening pandemic restrictions.

Wholesale sales volumes were up 22 per cent over March 15 to 28, compared to the same period in 2019. SLGA spokesman David Morris said the additional demand “was likely the result of retailers stocking-up as restrictions related to COVID-19 took effect.”

But the jump didn’t last. Wholesale volumes were back to normal for the first two weeks of April. SLGA did notice a very slight uptick last week, however, with volumes out of its distribution centre up three per cent. The numbers do not include Brewer’s Distributors Ltd.

It’s unclear how much more alcohol consumers actually purchased, since province-wide retail numbers were not available.

There was no discernible trend in March for anti-anxiety medication, however. The number of prescriptions filled for benzodiazepines like Valium, Xanax and Ativan see-sawed over March, according to data provided by the College of Physicians and Surgeons, but its associate registrar does not believe the trends are statistically relevant.

One-fifth of tenants miss April rent
About 20 per cent of residential rent went totally unpaid in the first six days of April, according to the Saskatchewan Landlord Association (SLA).

The precise number is 19.7 per cent, but there’s some uncertainty due to the survey method, which is based on responses from 300 residential landlords with 14,000 units. An additional 12 per cent of tenants paid a portion of their rent, but not the full amount. The figures do not include social housing.

Cameron Choquette, the association’s executive officer, partly blames the province’s decision to suspend most landlord tenant board hearings for evictions, saying it “allows more people to take advantage of landlords by not paying their rent and not facing any consequences.”

The government has defended the suspension by saying it’s needed to ensure everyone has a safe place to self-isolate if needed during the pandemic.

March’s jobs numbers were bad, with almost 21,000 fewer Saskatchewan people employed compared to February.

April’s labour force survey is expected on Friday. But new April numbers released Wednesday show that two-thirds of the province’s businesses managed to avoid laying off staff almost entirely.

According to Statistics Canada, 66.2 per cent of businesses reported laying off between zero and one per cent of their employees due to COVID-19. That was better than any other province. Just 7.6 per cent laid off all of their employees, again the best number outside the territories. The survey period was April 3 to 24.

Some businesses are even hiring. Walmart, for instance, has hired 300 people in Saskatchewan since mid-March.

Trade and Export Development Minister Jeremy Harrison chalked the data up to a relatively more optimistic business outlook in Saskatchewan, combined with “very targeted” restrictions and a support program for small and medium businesses.

That support program, which provides $5,000 grants to qualifying businesses affected by government restrictions, has only been around for three weeks. But it’s already been bombarded with 6,317 applications.

The total value of those applications would be $24,178,000, according to Harrison. Of them, 3,586 have been approved with a value of $11,755,000.

Businesses are coming to Harrison’s ministry with thousands of questions. Since it opened in March, the Business Response Team has received 4,125 calls and 1,758 emails.

The kinds of questions have changed over the course of the pandemic. Many are now asking when they can open their doors, according to Harrison, as they wonder about “grey areas” in the Re-Open Saskatchewan plan.

 

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Reliability of power winter supply puts Newfoundland 'at mercy of weather': report

Labrador Island Link Reliability faces scrutiny as Nalcor Energy and General Electric address software issues; Liberty Consulting warns of Holyrood risks, winter outages, grid stability concerns, and PUB oversight for Newfoundland and Labrador.

 

Key Points

It is the expected dependability of the link this winter, currently uncertain due to GE software and Holyrood risks.

✅ GE software delays may hinder reliable in-service by mid-November.

✅ Holyrood performance issues increase winter outage risk.

✅ PUB directs Hydro to plan contingencies and improve assets.

 

An independent consultant is questioning if the brand new Labrador Island link can be counted on to supply power to Newfoundland this coming winter.

In June, Nalcor Energy confirmed it had successfully sent power from Churchill Falls to the Avalon Peninsula through its more than 1500-kilometre link, but now the Liberty Consulting Group says it doesn't expect the link will be up and running consistently this winter.

"What we have learned supports a conclusion that the Labrador Island Link is unlikely to be reliably in commercial operation at the start of the winter," says the report dated Aug. 30, 2018.

The link relies on software provided by General Electric but Liberty says there are lingering questions about GE's ability to ensure the necessary software will be in place this fall.

"At an August meeting, company representatives did not express confidence in GE's ability to meet an in-service date for the Labrador Island Link of mid-November," says the report.

Liberty also says testing the link for a brief period this spring and fall doesn't demonstrate long-term reliability.

"The link will remain prone to the uncertainties any new major facility faces early in its operating life, especially one involving technology new to the operating company," according to the report.

Holyrood trouble

The report goes on to say island residents should also be worried about the reliability of the troubled Holyrood facility — a facility that's important when demand for energy is high during winter months.

Liberty says "poor performance at the Holyrood thermal generating station increases the risk of outages considerably."

The group's report concludes the deteriorating condition of Holyrood is a major threat to the island's power supply and Liberty says that threat "could produce very severe consequences when the Labrador Island Link is unavailable."

The consultant says questions about the Labrador Island Link's readiness combined with concerns about the reliability of Holyrood may mean power outages, and for vulnerable customers, debates over hydro disconnections policies often intensify during winter.

"This all suggests that, for at least part of this winter, the island interconnected system may be at the mercy of the weather, where severe events can test utilities' storm response efforts further."

The consultant's report also includes five recommendations to the PUB, reflecting the kind of focused nuclear alert investigation follow-up seen elsewhere.

In essence, Liberty is calling for the board to direct Newfoundland and Labrador Hydro to make plans for the possibility that the link won't be available this winter. It's also calling on hydro to do more to improve the reliability of its other assets, such as Holyrood, as some operators have even contemplated locking down key staff to maintain operations during crises.

Response to Liberty's report

Nalcor CEO Stan Marshall defended the Crown corporation's winter preparedness in an email statement to CBC.

"The right level of planning and investment has been made for our existing equipment so we can continue to meet all of our customer electricity needs for this coming winter season," he wrote.

Regarding the Labrador Island Link, Marshall called for patience.

"This is new technology for our province and integrating the new transmission assets into our current electricity system is complex work that takes time," he said.

There is also a more detailed response from Newfoundland and Labrador Hydro which was sent to the province's Public Utiltiies Board.

Hydro says it will keep testing the Labrador Island Link and increasing the megawatts that are wheeled through it. It also says in October it will begin to give the PUB regular reports on the link's anticipated in-service date.

 

 

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B.C. ordered to pay $10M for denying Squamish power project

Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

 

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

 

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

 

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Vancouver's Reversal on Gas Appliances

Vancouver Natural Gas Ban Reversal spotlights energy policy, electrification tradeoffs, heat pumps, emissions, grid reliability, and affordability, reshaping building codes and decarbonization pathways while inviting stakeholders to weigh practical constraints and climate goals.

 

Key Points

Vancouver ending its ban on natural gas in new homes to balance climate goals with reliability, costs, and technology.

✅ Balances emissions goals with reliability and affordability

✅ Impacts builders, homeowners, and energy infrastructure

✅ Spurs debate on electrification, heat pumps, and grid capacity

 

In a significant policy shift, Vancouver has decided to lift its ban on natural gas appliances in new homes, a move that marks a pivotal moment in the city's energy policy and environmental strategy. This decision, announced recently and following the city's Clean Energy Champion recognition for Bloedel upgrades, has sparked a broader conversation about the future of energy systems and the balance between environmental goals and practical energy needs. Stewart Muir, CEO of Resource Works, argues that this reversal should catalyze a necessary dialogue on energy choices, highlighting both the benefits and challenges of such a policy change.

Vancouver's original ban on natural gas appliances was part of a broader initiative aimed at reducing greenhouse gas emissions and promoting sustainability, including progress toward phasing out fossil fuels where feasible over time. The city had adopted stringent regulations to encourage the use of electric heat pumps and other low-carbon technologies in new residential buildings. This move was aligned with Vancouver’s ambitious climate goals, which include achieving carbon neutrality by 2050 and significantly cutting down on fossil fuel use.

However, the recent decision to reverse the ban reflects a growing recognition of the complexities involved in transitioning to entirely new energy systems. The city's administration acknowledged that while electric alternatives offer environmental benefits, they also come with challenges that can affect homeowners, builders, and the broader energy infrastructure, including options for bridging the electricity gap with Alberta to enhance regional reliability.

Stewart Muir argues that Vancouver’s policy shift is not just about natural gas appliances but represents a larger conversation about energy system choices and their implications. He suggests that the reversal of the ban provides an opportunity to address key issues related to energy reliability, affordability, and the practicalities of integrating new technologies, including electrified LNG options for industry within the province into existing systems.

One of the primary reasons behind the reversal is the recognition of the practical limitations and costs associated with transitioning to electric-only systems. For many homeowners and builders, natural gas appliances have long been a reliable and cost-effective option. The initial ban on these appliances led to concerns about increased construction costs and potential disruptions for homeowners who were accustomed to natural gas heating and cooking.

In addition to cost considerations, there are concerns about the reliability and efficiency of electric alternatives. Natural gas has been praised for its stable energy supply and efficient performance, especially in colder climates where electric heating systems might struggle to maintain consistent temperatures or fully utilize Site C's electricity under peak demand. By reversing the ban, Vancouver acknowledges that a one-size-fits-all approach may not be suitable for every situation, particularly when considering diverse housing needs and energy demands.

Muir emphasizes that the reversal of the ban should prompt a broader discussion about how to balance environmental goals with practical energy needs. He argues that rather than enforcing a blanket ban on specific technologies, it is crucial to explore a range of solutions that can effectively address climate objectives while accommodating the diverse requirements of different communities and households.

The debate also touches on the role of technological innovation in achieving sustainability goals. As energy technologies continue to evolve, renewable electricity is coming on strong and new solutions and advancements could potentially offer more efficient and environmentally friendly alternatives. The conversation should include exploring these innovations and considering how they can be integrated into existing energy systems to support long-term sustainability.

Moreover, Muir advocates for a more inclusive approach to energy policy that involves engaging various stakeholders, including residents, businesses, and energy experts. A collaborative approach can help identify practical solutions that address both environmental concerns and the realities of everyday energy use.

In the broader context, Vancouver’s decision reflects a growing trend in cities and regions grappling with energy transitions. Many urban centers are evaluating their energy policies and considering adjustments based on new information and emerging technologies. The key is to find a balance that supports climate goals such as 2050 greenhouse gas targets while ensuring that energy systems remain reliable, affordable, and adaptable to changing needs.

As Vancouver moves forward with its revised policy, it will be important to monitor the outcomes and assess the impacts on both the environment and the community. The reversal of the natural gas ban could serve as a case study for other cities facing similar challenges and could provide valuable insights into how to navigate the complexities of energy transitions.

In conclusion, Vancouver’s decision to reverse its ban on natural gas appliances in new homes is a significant development that opens the door for a critical dialogue about energy system choices. Stewart Muir’s call for a broader conversation emphasizes the need to balance environmental ambitions with practical considerations, such as cost, reliability, and technological advancements. As cities continue to navigate their energy futures, finding a pragmatic and inclusive approach will be essential in achieving both sustainability and functionality in energy systems.

 

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Cheaper electricity rate for customers on First Nations not allowed, Manitoba appeal court rules

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

 

Key Points

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

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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