EPSA urges Supreme Court to deny Market-Based Rate petition

By Electric Power Supply Association EPSA


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The Electric Power Supply Association EPSA has filed a brief with the U.S. Supreme Court urging the court to deny a petition for review of a decision by the U.S. Court of Appeals for the Ninth Circuit upholding the Federal Energy Regulatory Commission's FERC market-based rate authority for wholesale electricity markets.

The case is Public Citizen, Inc., v. Federal Energy Regulatory Commission and involves FERC Order 697 issued in 2007 to improve market-based rate regulations. EPSA is joined on the brief by PPL Corporation, a fellow respondent in the case.

EPSA's brief argues that, "The Court should deny the petition for at least three reasons. First, no decision of this Court or any court of appeals conflicts with the lower court's holding that the Commission's market-based rate regime comports with the requirements of the Federal Power Act. Second, the court of appeals correctly held that the Commission's market-based rate regime does not violate any statutory requirement."

"In fact, Congress ratified the regime when it enacted the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594, which includes multiple provisions that would make no sense if, as petitioners contend, the Commission lacked authority to approve market-based rate tariffs. Third, denying the petition would not raise any issues of exceptional importance."

"In contrast, granting the relief petitioners seek could have devastating consequences for the nationÂ’s energy markets and the consumers who rely on those markets."

EPSA's brief concludes by stating that, "Any decision that accepts petitioners' suggestion that the CommissionÂ’s market-based program is per se unlawful under the Federal Power Act would jeopardize these markets and set the stage for crisis. Even if one could ignore the billions of dollars in benefits that would be lost from a retreat from a competitive, market-based regime, there is no ignoring the substantial costs that such a retreat would impose on consumers."

"Moreover, thousands of market participants have built power plants, made other investments and ordered their affairs based on the pro-competitive policies that the Commission has implemented over the last two decades, which have been consistently upheld by courts, and which Congress affirmed in the 2005 legislation."

EPSA President and CEO John E. Shelk said, "EPSA is pleased to support FERC's important work in this area as it has done in the past, including before the Ninth Circuit. As EPSA's brief documents in detail, every court that has considered the question has concluded that FERC is acting within its authority under the Federal Power Act. Wholesale power markets provide tangible benefits to consumers, the economy and the environment. EPSA is hopeful that the U.S. Supreme Court will not inject costly uncertainty into the nation's electricity equation at this critical time by granting the petitioners' petition for review in this case."

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Ontario Power Generation's Commitment to Small Modular Reactors

OPG Small Modular Reactors advance clean energy with advanced nuclear, baseload power, renewables integration, and grid reliability; factory built, scalable, and cost effective to support Ontario energy security and net zero goals.

 

Key Points

Factory built nuclear units delivering reliable, low carbon power to support Ontario's grid, renewables, climate goals.

✅ Factory built modules cut costs and shorten schedules

✅ Provides baseload power to balance wind and solar

✅ Enhances grid reliability with advanced safety and waste reduction

 

Ontario Power Generation (OPG) is at the forefront of Canada’s energy transformation, demonstrating a robust commitment to sustainable energy solutions. One of the most promising avenues under exploration is the development of Small Modular Reactors (SMRs), as OPG broke ground on the first SMR at Darlington to launch this next phase. These innovative technologies represent a significant leap forward in the quest for reliable, clean, and cost-effective energy generation, aligning with Ontario’s ambitious climate goals and energy security needs.

Understanding Small Modular Reactors

Small Modular Reactors are advanced nuclear power plants that are designed to be smaller in size and capacity compared to traditional nuclear reactors. Typically generating up to 300 megawatts of electricity, SMRs can be constructed in factories and transported to their installation sites, offering flexibility and scalability that larger reactors do not provide. This modular approach reduces construction time and costs, making them an appealing option for meeting energy demands.

One of the key advantages of SMRs is their ability to provide baseload power—energy that is consistently available—while simultaneously supporting intermittent renewable sources like wind and solar. As Ontario continues to increase its reliance on renewables, SMRs could play a crucial role in ensuring that the energy supply remains stable and secure.

OPG’s Initiative

In its commitment to advancing clean energy technologies, OPG has been a strong advocate for the adoption of SMRs. The province of Ontario has announced plans to develop three additional small modular reactors, part of its plans for four Darlington SMRs that would further enhance the region’s energy portfolio. This initiative aligns with both provincial and federal climate objectives, and reflects a collaborative provincial push on nuclear innovation to accelerate clean energy.

The deployment of SMRs in Ontario is particularly strategic, given the province’s existing nuclear infrastructure, including the continued operation of Pickering NGS that supports grid reliability. OPG operates a significant portion of Ontario’s nuclear fleet, and leveraging this existing expertise can facilitate the integration of SMRs into the energy mix. By building on established operational frameworks, OPG can ensure that new reactors are deployed safely and efficiently.

Economic and Environmental Benefits

The introduction of SMRs is expected to bring substantial economic benefits to Ontario. The construction and operation of these reactors will create jobs, including work associated with the Pickering B refurbishment across the province, stimulate local economies, and foster innovation in nuclear technology. Additionally, SMRs have the potential to attract investment from both domestic and international stakeholders, positioning Ontario as a leader in advanced nuclear technology.

From an environmental perspective, SMRs are designed with enhanced safety features and lower waste production compared to traditional reactors, complementing life-extension measures at Pickering that bolster system reliability. They can significantly contribute to Ontario’s goal of achieving net-zero emissions by 2050. By providing a reliable source of clean energy, SMRs will help mitigate the impacts of climate change while supporting the province's transition to a sustainable energy future.

Community Engagement and Collaboration

Recognizing the importance of community acceptance and stakeholder engagement, OPG is committed to an open dialogue with local communities and Indigenous groups. This collaboration is essential to addressing concerns and ensuring that the deployment of SMRs is aligned with the values and priorities of the residents of Ontario. By fostering a transparent process, OPG aims to build trust and support for this innovative energy solution.

Moreover, the development of SMRs will involve partnerships with various stakeholders, including government agencies, research institutions, and private industry, such as the OPG-TVA partnership to advance new nuclear technology. These collaborations will not only enhance the technical aspects of SMR deployment but also ensure that Ontario can capitalize on shared expertise and resources.

Looking Ahead

As Ontario Power Generation moves forward with plans for three additional Small Modular Reactors, the province stands at a critical juncture in its energy evolution. The integration of SMRs into Ontario’s energy landscape promises a sustainable, reliable, and economically viable solution to meet growing energy demands while addressing climate change challenges.

With the support of government initiatives, community collaboration, and continued innovation in nuclear technology, Ontario is poised to become a leader in the advancement of Small Modular Reactors. The successful implementation of these projects could serve as a model for other jurisdictions seeking to transition to cleaner energy sources, highlighting the role of nuclear power in a balanced and sustainable energy future.

In conclusion, OPG's commitment to developing Small Modular Reactors not only reinforces Ontario’s energy security but also demonstrates a proactive approach to addressing the pressing challenges of climate change and environmental sustainability. The future of energy in Ontario looks promising, driven by innovation and a commitment to clean energy solutions.

 

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Ontario Breaks Ground on First Small Modular Nuclear Reactor

Ontario SMR BWRX-300 leads Canada in next-gen nuclear energy at Darlington, with GE Vernova and Hitachi, delivering clean, reliable power via modular design, passive safety, scalability, and lower costs for grid integration.

 

Key Points

Ontario SMR BWRX-300 is a 300 MW modular boiling water reactor at Darlington with passive safety and clean power.

✅ 300 MW BWR supplies power for about 300,000 homes

✅ Passive safety enables safe shutdown without external power

✅ Modular design reduces costs and speeds grid integration

 

Ontario has initiated the construction of Canada's first small modular nuclear reactor (SMR), supported by OPG's SMR commitment to deployment, marking a significant milestone in the province's energy strategy. This development positions Ontario at the forefront of next-generation nuclear technology within the G7 nations.

The project, known as the Darlington New Nuclear Project, is being led by Ontario Power Generation (OPG) in collaboration with GE Vernova and Hitachi Nuclear Energy, and through its OPG-TVA partnership on new nuclear technology development. The chosen design is the BWRX-300, a 300-megawatt boiling water reactor that is approximately one-tenth the size and complexity of traditional nuclear reactors. The first unit is expected to be operational by 2029, with plans for additional units to follow.

Each BWRX-300 reactor is projected to supply electricity to about 300,000 homes, contributing to Ontario's efforts, which include the decision to refurbish Pickering B for additional baseload capacity, to meet the anticipated 75% increase in electricity demand by 2050. The compact design of the SMR allows for easier integration into existing infrastructure, reducing the need for extensive new transmission lines.

The economic impact of the project is substantial. The construction of four such reactors is expected to create up to 18,000 jobs and contribute approximately $38.5 billion CAD to the Canadian economy, reflecting the economic benefits of nuclear projects over 65 years. The modular nature of SMRs also allows for scalability, with each additional unit potentially reducing costs through economies of scale.

Safety is a paramount consideration in the design of the BWRX-300. The reactor employs passive safety features, meaning it can safely shut down without the need for external power or operator intervention. This design enhances the reactor's resilience to potential emergencies, aligning with stringent regulatory standards.

Ontario's commitment to nuclear energy is further demonstrated by its plans for four SMRs at the Darlington site. This initiative reflects a broader strategy to diversify the province's energy mix, incorporating clean and reliable power sources to complement renewable energy efforts.

While the development of SMRs in Ontario is a significant step forward, it also aligns with the Canadian nuclear initiative positioning Canada as a leader in the global nuclear energy landscape. The successful implementation of the BWRX-300 could serve as a model for other nations exploring advanced nuclear technologies.

Ontario's groundbreaking work on small modular nuclear reactors represents a forward-thinking approach to energy generation. By embracing innovative technologies, the province is not only addressing future energy demands but also, through the Pickering NGS life extension, contributing to the global transition towards sustainable and secure energy solutions.

 

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Tories 'taking the heart out of Manitoba Hydro' by promoting subsidiaries, scrapping low-cost pledges: NDP

Manitoba Hydro Privatization Debate centers on subsidiaries, Crown corporation governance, clean energy priorities, and electricity rates, as board terms shift oversight and transparency, sparking concerns about sell-offs and government control.

 

Key Points

A dispute over Hydro's governance, subsidiaries, electricity rates, and clean energy amid fears of partial privatization.

✅ Rewritten terms allow subsidiaries and shift board duties.

✅ Low rates and clean energy mandates softened in guidance.

✅ Govt cites Hydro Act; NDP warns of sell-off risks.

 

The board of Manitoba Hydro is being reminded it can divvy up some of the utility's work to subsidiaries — which the NDP is decrying as a step toward privatization. 

A sentence seemingly granting the board permission to create subsidiaries was included in the board's new terms of reference, which the NDP raised during question period Wednesday. 

The document also eliminated references asking Manitoba Hydro to keep electricity rates low, even as rate hike hearings proceed, and supply power in an environmentally-friendly fashion.

NDP raises spectre of Manitoba Hydro's privatization with new CEO
"They're essentially taking the heart out of Manitoba Hydro," NDP leader Wab Kinew said.

Cheap, clean energy is the basis by which the Crown corporation was formed, even as scaled-back rate increases are planned for next year, he said. 

"That's the whole reason we created this utility in the first place."

Another addition to the board's guidelines include stating the corporation is responsible to the government minister, who must be "proactively informed" when significant issues arise. 

The provincial government, however, says the rewritten terms of reference was the directive of the Manitoba Hydro board and not itself.

CBC's requests to the government for an interview were directed to Manitoba Hydro.

In an interview, Manitoba Hydro spokesperson Scott Powell said the energy utility has undergone no legislative changes, and is still governed by the Manitoba Hydro Act. 

The terms of reference were altered to align the board's duties with the new act overseeing Crown corporations, Powell said.

"Whether you have one or two words different in the terms of reference, the essence of the company hasn't changed."

While the new terms of reference no longer instructs the corporation to ensure an "environmentally responsible supply of energy for Manitobans," it encourages the board to "promote economy and efficiency in all phases of power generation and distribution."

On the cost to ratepayers, the updated directions asks the utility to deliver "safe, reliable energy services at a fair price," a standard clarified by a recent appeal court ruling on First Nations rates, but the board is not specifically instructed with keeping electricity rates low. 

Kinew contends the added sentence on subsidiaries permits Hydro to be broken off and sold for parts, although the terms of reference does not specify if any subsidiary would be wholly owned by Hydro or contracted to a private company.

Powell said Manitoba Hydro has been permitted to create subsidiaries since 1997, and nothing has changed since.

Kinew warned about Hydro's privatization last week when Jay Grewal was announced as Hydro's incoming CEO and president.

She was employed with B.C. Hydro when then-premier Gordon Campbell — hired by the Manitoba government to investigate costly overruns on two electricity megaprojects — sold off segments of the utility.

She then became managing director of Accenture, a global management consulting firm, which acquired several B.C. Hydro departments.

During question period Wednesday, Pallister disputed that Manitoba Hydro is bound to be sold.

He slammed the NDP's "Americanization strategy" of producing more electricity than it is capable of selling, which has saddled ratepayers with billions in debt and prompted proposed 2.5% annual increases in coming years. 

The makeup of the Hydro board has undergone a complete turnover in under a year, a contrast to Ontario's Hydro One shakeup vow during that period.

Nine of the 10 members resigned en masse this March over an impasse with the Pallister government. The lone holdover, Cliff Graydon, was dismissed from his post last month after the Progressive Conservatives removed him from caucus. 

 

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As New Zealand gets serious about climate change, can electricity replace fossil fuels in time?

New Zealand Energy Transition will electrify transport and industry with renewables, grid-scale solar, wind farms, geothermal, batteries, demand response, pumped hydro, and transmission upgrades to manage dry-year risk and winter peak loads.

 

Key Points

A shift to renewables and smart demand to decarbonise transport and industry while ensuring reliable, affordable power.

✅ Electrifies transport and industrial heat with renewables

✅ Uses demand response, batteries, and pumped hydro for resilience

✅ Targets 99%+ renewable supply, managing dry-year and peak loads

 

As fossil fuels are phased out over the coming decades, the Climate Change Commission (CCC) suggests electricity will take up much of the slack, aligning with the vision of a sustainable electric planet powering our vehicle fleet and replacing coal and gas in industrial processes.

But can the electricity system really provide for this increased load where and when it is needed? The answer is “yes”, with some caveats.

Our research examines climate change impacts on the New Zealand energy system. It shows we’ll need to pay close attention to demand as well as supply. And we’ll have to factor in the impacts of climate change when we plan for growth in the energy sector.

 

Demand for electricity to grow
While electricity use has not increased in NZ in the past decade, many agencies project steeply rising demand in coming years. This is partly due to both increasing population and gross domestic product, but mostly due to the anticipated electrification of transport and industry, which could result in a doubling of demand by mid-century.

It’s hard to get a sense of the scale of the new generation required, but if wind was the sole technology employed to meet demand by 2050, between 10 and 60 new wind farms would be needed nationwide.

Of course, we won’t only build wind farms, as renewables are coming on strong and grid-scale solar, rooftop solar, new geothermal, some new small hydro plant and possibly tidal and wave power will all have a part to play.

 

Managing the demand
As well as providing more electricity supply, demand management and batteries will also be important. Our modelling shows peak demand (which usually occurs when everyone turns on their heaters and ovens at 6pm in winter) could be up to 40% higher by 2050 than it is now.

But meeting this daily period of high demand could see expensive plant sitting idle for much of the time (with the last 25% of generation capacity only used about 10% of the time).

This is particularly a problem in a renewable electricity system when the hydro lakes are dry, as hydro is one of the few renewable electricity sources that can be stored during the day (as water behind the dam) and used over the evening peak (by generating with that stored water).

Demand response will therefore be needed. For example, this might involve an industrial plant turning off when there is too much load on the electricity grid.

 

But by 2050, a significant number of households will also need smart appliances and meters that automatically use cheaper electricity at non-peak times. For example, washing machines and electric car chargers could run automatically at 2am, rather than 6pm when demand is high.

Our modelling shows a well set up demand response system could mitigate dry-year risk (when hydro lakes are low on water) in coming decades, where currently gas and coal generation is often used.

Instead of (or as well as) having demand response and battery systems to combat dry-year risk, a pumped storage system could be built. This is where water is pumped uphill when hydro lake inflows are plentiful, and used to generate electricity during dry periods.

The NZ Battery project is currently considering the potential for this in New Zealand, and debates such as whether we would use Site C's electricity offer relevant lessons.

 

Almost (but not quite) 100% renewable
Dry-year risk would be greatly reduced and there would be “greater greenhouse gas emissions savings” if the Interim Climate Change Committee’s (ICCC) 2019 recommendation to aim for 99% renewable electricity was adopted, rather than aiming for 100%.

A small amount of gas-peaking plant would therefore be retained. The ICCC said going from 99% to 100% renewable electricity by overbuilding would only avoid a very small amount of carbon emissions, at a very high cost.

Our modelling supports this view. The CCC’s draft advice on the issue also makes the point that, although 100% renewable electricity is the “desired end point”, timing is important to enable a smooth transition.

Despite these views, Energy Minister Megan Woods has said the government will be keeping the target of a 100% renewable electricity sector by 2030.

 

Impacts of climate change
In future, the electricity system will have to respond to changing climate patterns as well, becoming resilient to climate risks over time.

The National Institute of Water and Atmospheric Research predicts winds will increase in the South Island and decrease in the far north in coming decades.

Inflows to the biggest hydro lakes will get wetter (more rain in their headwaters), and their seasonality will change due to changes in the amount of snow in these catchments.

Our modelling shows the electricity system can adapt to those changing conditions. One good news story (unless you’re a skier) is that warmer temperatures will mean less snow storage at lower elevations, and therefore higher lake inflows in the big hydro catchments in winter, leading to a better match between times of high electricity demand and higher inflows.

 

The price is right
The modelling also shows the cost of generating electricity is not likely to increase, because the price of building new sources of renewable energy continues to fall globally.

Because the cost of building new renewables is now cheaper than non-renewables (such as coal-fired plants), investing in carbon-free electricity is increasingly compelling, and renewables are more likely to be built to meet new demand in the near term.

While New Zealand’s electricity system can enable the rapid decarbonisation of (at least) our transport and industrial heat sectors, international efforts like cleaning up Canada's electricity underline the need for certainty so the electricity industry can start building to meet demand everywhere.

Bipartisan cooperation at government level will be important to encourage significant investment in generation and transmission projects with long lead times and life expectancies, as analyses of climate policy and grid implications underscore in comparable markets.

Infrastructure and markets are needed to support demand response uptake, as well as certainty around the Tiwai exit in 2024 and whether pumped storage is likely to be built.

Our electricity system can support the rapid decarbonisation needed if New Zealand is to do its fair share globally to tackle climate change.

But sound planning, firm decisions and a supportive and relatively stable regulatory framework are all required before shovels can hit the ground.

 

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Iran, Iraq Discuss Further Cooperation in Energy Sector

Iran-Iraq Electricity Cooperation advances with power grid synchronization, cross-border energy trade, 400-kV transmission lines, and education partnerships, boosting grid reliability, infrastructure investment, and electricity exports between Tehran and Baghdad for improved supply and stability.

 

Key Points

A bilateral initiative to synchronize grids, expand networks, and sustain electricity exports, improving reliability.

✅ 400-kV Amarah-Karkheh line enables synchronized operations.

✅ Extends electricity export contracts to meet Iraq demand.

✅ Enhances grid reliability, training, and infrastructure investment.

 

Aradakanian has focused his one-day visit to Iraq on discussions pertaining to promoting bilateral collaboration between the two neighboring nations in the field of electricity, grid development deals and synchronizing power grid between Tehran and Baghdad, cooperating in education, and expansion of power networks.

He is also scheduled to meet with Iraqi top officials in a bid to boost cooperation in the relevant fields.

Back in December 2019, Ardakanian announced that Iran will continue exports of electricity to Iraq by renewing earlier contract as it is supplying about 40% of Iraq's power today.

"Iran has signed a 3-year-long cooperation agreement with Iraq to help the country's power industry in different aspects. The documents states at its end that we will export electricity to Iraq as far as they need," Ardakanian told FNA on December 9, 2019.

The contract to "export Iran's electricity" to Iraq will be extended, he added.

Ardakanian also said that Iran and Iraq's power grids have become synchronized in a move that supports Iran's regional power hub plans since a month ago.

In 2004 Iran started selling electricity to Iraq. Iran electricity exports to the western neighbor are at its highest level of 1,361 megawatts per day now, as the country weighs summer power sufficiency ahead of peak demand.

The new Amarah-Karkheh 400-KV transmission line stretching over 73 kilometers, is now synchronized to provide electricity to both countries, reflecting regional power export trends as well. It also paves the way for increasing export to power-hungry Iraq in the near future.

With synchronization of the two grids, the quality of electricity in Iraq will improve as the country explores nuclear power options to tackle shortages.

According to official data, 82% of Iraq's electricity is generated by thermal power plants that use gas as feedstock, while Iran is converting thermal plants to combined cycle to save energy. This is expected to reach 84% by 2027.

 

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Quebec Hit by Widespread Power Outages Following Severe Windstorm

Quebec Windstorm 2025 disrupted Montreal and surrounding regions, triggering power outages, Hydro-Québec repairs, fallen trees, infrastructure damage, and transport delays, while emergency response and community resilience accelerated restoration and recovery efforts across the province.

 

Key Points

A severe April 29 windstorm with 100 km/h gusts caused outages, damage, and emergency recovery across Quebec.

✅ Gusts exceeded 100 km/h across Montreal and nearby regions

✅ Hydro-Québec restored power; crews cleared debris and lines

✅ Communities shared resources, shelters, and volunteer support

 

A powerful windstorm swept across Quebec on April 29, 2025, leaving tens of thousands of residents without electricity and causing significant damage to infrastructure. The storm's intensity disrupted daily life, leading to widespread outages across the province, fallen trees, and transportation delays.

Storm's Impact

The windstorm, characterized by gusts exceeding 100 km/h, struck various regions of Quebec, including Montreal and its surrounding areas. Hydro-Québec reported extensive power outages affecting numerous customers. The storm's ferocity led to the uprooting of trees, downing of power lines, and significant damage to buildings and vehicles.

Response and Recovery Efforts

In the aftermath, emergency services and utility companies mobilized to restore power and clear debris. Hydro-Québec crews worked tirelessly, much like Sudbury Hydro teams did in Ontario, to repair damaged infrastructure, while municipal authorities coordinated efforts to ensure public safety and facilitate the restoration process. Despite these efforts, some areas experienced prolonged outages, highlighting the storm's severity.

Community Resilience

Residents demonstrated remarkable resilience during the crisis. Many communities came together to support one another, as seen when Toronto neighborhoods rallied during lingering outages, sharing resources and providing assistance to those in need. Local shelters were set up to offer warmth and supplies to displaced individuals, and volunteers played a crucial role in the recovery process.

Lessons Learned

The storm underscored the importance of preparedness and infrastructure resilience, including vulnerabilities highlighted by a recent manhole fire affecting Hydro-Québec customers. In response, discussions have been initiated regarding the strengthening of power grids and the implementation of more robust emergency response strategies to mitigate the impact of future natural disasters.

As Quebec continues to recover, the collective efforts of its residents and emergency services serve as a testament to the province's strength and unity, even as similar strong-wind outages affect other regions, in the face of adversity.

 

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