Hydro One, Avista to ask U.S. regulator to reconsider order against acquisition


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Hydro One Avista Takeover faces Washington UTC scrutiny as regulators deny approval; companies plan a reconsideration petition, citing acquisition terms, governance concerns, merger risks, EPS dilution, and balance sheet impacts across regulated utility operations.

 

Key Points

A $6.7B bid by Hydro One to buy Avista, denied by Washington UTC on governance risk, under reconsideration petition.

✅ UTC denied over potential provincial interference.

✅ Petition for reconsideration due by Dec. 17.

✅ Deal seen diluting EPS, weakening balance sheet.

 

Hydro One Ltd. and Avista Corp. say they plan to formally request that the Washington Utilities and Transportation Commission reconsider its order last week denying approval of the $6.7-billion takeover, which previously received U.S. antitrust clearance from federal regulators, of the U.S.-based energy utility.

The two companies say they will file a petition no later than Dec. 17 but haven't indicated on what grounds they are making the request, even as investor concerns about Hydro One persist.

Under Washington State law, the UTC has 20 days to consider the petition, otherwise it is deemed to be denied.

If it reconsiders its decision, the UTC can modify the prior order or take any actions it deems appropriate, similar to provincial rulings such as the OEB decision on Hydro One's first combined T&D rates, including extending deliberations.

Washington State regulators said they would not allow Ontario's largest utility to buy Avista for fear the provincial government, which owns 47 per cent of Hydro One's shares and recently prompted a CEO and board exit at the utility, might meddle in Avista's operations.

Hydro One's shares have risen since the order because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet, according to analysts, even as the company reported a one-time-boosted Q2 profit earlier this year.

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The Need for Electricity During the COVID-19 Pandemic

US utilities COVID-19 resilience shows electric utilities maintaining demand stability, reaffirming earnings guidance, and accessing the bond market for low-cost financing, as Dominion, NextEra, and Con Edison manage recession risks.

 

Key Points

It is the sector's capacity to sustain demand, financing access, and guidance despite pandemic recession pressures.

✅ Bond market access locks in low-cost, long-term debt

✅ Stable residential load offsets industrial weakness

✅ Guidance largely reaffirmed by major utilities

 

Dominion Energy (D) expects "incremental residential load" gains, consistent with COVID-19 electricity demand patterns, as a result of COVID-19 fallout. Southern Company CEO Tom Fanning says his company is "nowhere near" a need to review earnings guidance because of a potential recession, in a region where efficiency and demand response can help level electricity demand for years.

Sempra Energy (SRE) has reaffirmed earnings per share guidance for 2020 and 2021, as well timing for the sale of assets in Chile and Peru, and peers such as Duke Energy's renewables plan have reaffirmed capital investments to deliver cleaner energy and economic growth. And Xcel Energy (XEL) says it still "hasn’t seen material impact on its business."

Several electric utilities have demonstrated ability to tap the bond market, in line with utility sector trends in recent years, to lock in low-cost financing, as America moves toward broader electrification, despite ongoing turmoil. Their ranks include Dominion Energy, renewable energy leader NextEra Energy (NEE) and Consolidated Edison (ED), which last week sold $1 billion of 30-year bonds at a coupon rate of just 3.95 percent.

It’s still early days for US COVID-19 fallout. And most electric companies have yet to issue guidance. That’s understandable, since so much is still unknown about the virus and the damage it will ultimately do to human health and the global economy. But so far, the US power industry is showing typical resilience in tough times, as it coordinates closely with federal partners to maintain reliability.

Will it last? We won’t know for certain until there’s a lot more data. NextEra is usually first to report its Q1 earnings reports and detailed guidance. But that’s not expected until April 23. And companies may delay financials further, should the virus and efforts to control it impede collection and analysis of data, and as they address electricity shut-off risks affecting customers.

 

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ATCO Electric agrees to $31 million penalty following regulator's investigation

ATCO Electric administrative penalty underscores an Alberta Utilities Commission probe into a sole-sourced First Nation contract, Jasper transmission line overpayments, and nondisclosure to ratepayers, sparked by a whistleblower and pending settlement approval.

 

Key Points

A $31M AUC settlement over alleged overpayment, sole-sourcing, and nondisclosure tied to a Jasper transmission line.

✅ $31M administrative penalty; AUC settlement pending approval

✅ Sole-sourced First Nation contract to protect related ATCO deal

✅ Overpayment concealed when seeking recovery from ratepayers

 

Regulated Alberta utility ATCO Electric has agreed to pay a $31 million administrative penalty after an Alberta Utilities Commission utilities watchdog investigation found it deliberately overpaid a First Nation group for work on a new transmission line, and then failed to disclose the reasons for it when it applied to be reimbursed by ratepayers for the extra cost.

An agreed statement of facts contained in a settlement agreement between ATCO Electric Ltd. and the commission's enforcement staff says the company sole-sourced a contract in 2018 for work that was necessary for an electric transmission line to Jasper, Alta., even as BC Hydro marked a Site C transmission line milestone elsewhere.

The company that won the contract was co-owned by the Simpcw First Nation in Barriere, B.C., while debates over a First Nations electricity line in Ontario underscore related issues, and the agreement says one of the reasons for the sole-sourcing was that another of Calgary-based ATCO's subsidiaries had a prior deal with the First Nation for infrastructure projects that included the provision of work camps on the Trans Mountain Pipeline expansion project.

The statement of facts says ATCO Electric feared that if it didn't grant the contract to the First Nation group and instead put the work to tender, amid legal pressures such as a treaty rights challenge, the group might back out of its deal with ATCO Structures and Logistics and partner with another, non-ATCO company on the Trans Mountain work.

The agreed statement says ATCO Electric paid several million dollars more than market value for some of the Jasper line work, while a Manitoba-Minnesota line delay was being weighed in another jurisdiction, and staff attempted to conceal the reasons for the overpayment when they sought to recover the extra money from Alberta consumers.

It states the investigation was sparked by a whistleblower, and notes the agreement between the utility commission's enforcement staff and ATCO Electric must still be approved by the Alberta Utilities Commission, a process comparable to hearings that consider oral traditional evidence on interprovincial lines.

The commission must be satisfied the settlement is in the public interest, a consideration often informed by concerns from Site C opponents in other regions.

 

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Green hydrogen, green energy: inside Brazil's $5.4bn green hydrogen plant

Enegix Base One Green Hydrogen Plant will produce renewable hydrogen via electrolysis in Ceara, Brazil, leveraging 3.4 GW baseload renewables, offshore wind, and hydro to scale clean energy, storage, and export logistics.

 

Key Points

A $5.4bn Ceara, Brazil project to produce 600m kg of green hydrogen annually using 3.4 GW of baseload renewables.

✅ 3.4 GW baseload from hydro and offshore wind pipelines

✅ Targets 600m kg green hydrogen per year via electrolysis

✅ Focus on storage, transport, and export supply chains

 

In March, Enegix Energy announced some of the most ambitious hydrogen plans the world has ever seen. The company signed a memorandum of understanding (MOU) with the government of the Brazilian state of Ceará to build the world’s largest green hydrogen plant in the state on the country’s north-eastern coast, and the figures are staggering.

The Base One facility will produce more than 600 million kilograms of green hydrogen annually from 3.4GW of baseload renewable energy, and receive $5.4bn in investment to get the project off the ground and producing within four years.

Green hydrogen, hydrogen produced by electrolysis that is powered by renewables, has significant potential as a clean energy source. Already seeing increased usage in the transport sector, the power source boasts the energy efficiency and the environmental viability to be a cornerstone of the world’s energy mix.

Yet practical challenges have often derailed large-scale green hydrogen projects, from the inherent obstacle of requiring separate renewable power facilities to the logistical and technological challenges of storing and transporting hydrogen. Could vast investment, clever planning, and supportive governments and programs like the DOE’s hydrogen hubs initiative help Enegix to deliver on green hydrogen’s oft-touted potential?

Brazilian billions
The Base One project is exceptional not only for its huge scale, but the timing of its construction, with demand for hydrogen set to increase dramatically over the next few decades. Figures from Wood Mackenzie suggest that hydrogen could account for 1.4 billion tonnes of energy demand by 2050, one-tenth of the world’s supply, with green hydrogen set to be the majority of this figure.

Yet considering that, prior to the announcement of the Enegix project, global green hydrogen capacity was just 94MW, advances in offshore green hydrogen and the development of a project of this size and scope could scale up the role of green hydrogen by orders of magnitude.

“We really need to [advance clean energy] without any emissions on a completely clean, carbon neutral and net-zero framework, and so we needed access to a large amount of green energy projects,” explains Wesley Cooke, founder and CEO of Enegix, a goal aligned with analyses that zero-emissions electricity by 2035 is possible, discussing the motivation behind the vast project.

With these ambitious goals in mind, the company needed to find a region with a particular combination of political will and environmental traits to enable such a project to take off.


“When we looked at all of these key things: pipeline for renewables, access to water, cost of renewables, and appetite for renewables, Brazil really stood out to us,” Cooke continues. “The state of Ceará, that we’ve got an MOU with the government in at the moment, ticks all of these boxes.”

Ceará’s own clean energy plans align with Enegix’s, at least in terms of their ambition and desire for short-term development. Last October, the state announced that it plans to add 5GW of new offshore wind capacity in the next five years. With BI Energia alone providing $2.5bn in investment for its 1.2GW Camocim wind facility, there is significant financial muscle behind these lofty ambitions.

“One thing I should add is that Brazil is very blessed when it comes to baseload renewables,” says Cooke. “They have an incredibly high percentage of their country-wide energy that comes from renewable sources and a lot of this is in part due to the vast hydro schemes that they have for hydro dams. Not a lot of countries have that, and specifically when you’re trying to produce hydrogen, having access to vast amounts of renewables [is vital].”

Changing perceptions and tackling challenges
This combination of vast investment and integration with the existing renewable power infrastructure of Ceará could have cultural impacts too. The combination of state support for and private investment in clean energy offsets many of the narratives emerging from Brazil concerning its energy policies and environmental protections, even as debates over clean energy's trade-offs persist in Brazil and beyond, from the infamous Brumadinho disaster to widespread allegations of illegal deforestation and gold mining.

“I can’t speak for the whole of Brazil, but if we look at Ceará specifically, and even from what we’ve seen from a federal government standpoint, they have been talking about a hydrogen roadmap for Brazil for quite some time now,” says Cooke, highlighting the state’s long-standing support for green hydrogen. “I think we came in at the perfect time with a very solid plan for what we wanted to do, [and] we’ve had nothing but great cooperation, and even further than just cooperation, excitement around the MOU.”

This narrative shift could help overcome one of the key challenges facing many hydrogen projects, the idea that its practical difficulties render it fundamentally unsuitable for baseload power generation. By establishing a large-scale green hydrogen facility in a country that has recently struggled to present itself as one that is invested in renewables, the Base One facility could be the ultimate proof that such clean hydrogen projects are viable.

Nevertheless, practical challenges remain, as is the case with any energy project of this scale. Cooke mentions a number of solutions to two of the obstacles facing hydrogen production around the world: renewable energy storage and transportation of the material.

“We were looking at compressed hydrogen via specialised tankers [and] we were looking at liquefied hydrogen, [as] you have to get liquefied hydrogen very cool to around -253°, and you can use 30% to 40% of your total energy that you started with just to get it down to that temperature,” Cooke explains.

“The other aspect is that if you’re transporting this internationally, you really have to think about the supply chain. If you land in a country like Indonesia, that’s wonderful, but how do you get it from Indonesia to the customers that need it? What is the supply chain? What does that look like? Does it exist today?”

The future of green hydrogen
These practical challenges present something of a chicken and egg problem for the future of green hydrogen: considerable up-front investment is required for functions such as storage and transport, but the difficulties of these functions can scare off investors and make such investments uncommon.

Yet with the world’s environmental situation increasingly dire, more dramatic, and indeed risky, moves are needed to alter its energy mix, and Enegix is one company taking responsibility and accepting these risks.

“We need to have the renewables to match the dirty fuel types,” Cooke says. “This [investment] will really come from the decisions that are being made right now by large-scale companies, multi-billion-euro-per-year revenue companies, committing to building out large scale factories in Europe and Asia, to support PEM [hydrolysis].”

This idea of large-scale green hydrogen is also highly ambitious, considering the current state of the energy source. The International Renewable Energy Agency reports that around 95% of hydrogen comes from fossil fuels, so hydrogen has a long ways to go to clean up its own carbon footprint before going on to displace fossil fuel-driven industries.

Yet this displacement is exactly what Enegix is targeting. Cooke notes that the ultimate goal of Enegix is not simply to increase hydrogen production for use in a single industry, such as clean vehicles. Instead, the idea is to develop green hydrogen infrastructure to the point where it can replace coal and oil as a source of baseload power, leapfrogging other renewables to form the bedrock of the world’s future energy mix.

“The problem with [renewable] baseload is that they’re intermittent; the wind’s not always blowing and the sun’s not always shining and batteries are still very expensive, although that is changing. When you put those projects together and look at the levelised cost of energy, this creates a chasm, really, for baseload.

“And for us, this is really where we believe that hydrogen needs to be thought of in more detail and this is what we’re really evangelising about at the moment.”

A more hydrogen-reliant energy mix could also bring social benefits, with Cooke suggesting that the same traits that make hydrogen unwieldy in countries with established energy infrastructures could make hydrogen more practically viable in other parts of the world.

“When you look at emerging markets and developing markets at the moment, the power infrastructure in some cases can be quite messy,” Cooke says. “You’ve got the potential for either paying for the power or extending your transmission grid, but rarely being able to do both of those.

“I think being able to do that last mile piece, utilising liquid organic hydrogen carrier as an energy vector that’s very cost-effective, very scalable, non-toxic, and non-flammable; [you can] get that power where you need it.

“We believe hydrogen has the potential to be very cost-effective at scale, supporting a vision of cheap, abundant electricity over time, but also very modular and usable in many different use cases.”

 

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Three New Solar Electricity Facilities in Alberta Contracted At Lower Cost than Natural Gas

Alberta Solar Energy Contracts secure low-cost photovoltaic PPAs for government operations, delivering renewable electricity at 4.8 cents/kWh, beating natural gas LCOE, enhancing summer grid efficiency across Hays, Tilley, and Jenner with Canadian Solar.

 

Key Points

Low-cost PV power agreements meeting 55% of Alberta government electricity demand via new Canadian Solar facilities.

✅ Price: 4.8 cents/kWh CAD, under gas-fired generation LCOE.

✅ Sites: Hays, Tilley, Jenner; 50% equity with Conklin Métis Local #193.

✅ Supplies 55% of provincial government electricity demand.

 

Three new solar electricity facilities to be built in south eastern Alberta (Canada) amid Alberta's solar growth have been selected through a competitive process to supply the Government of Alberta with 55 per cent of their annual electricity needs. The facilities will be built near Hays, Tilley, and Jenner, by Canadian Solar with Conklin Métis Local #193 as 50-percent equity owners.

The Government of Alberta's operations have been powered 100 per cent with wind power since 2007. Upon the expiration of some of these contracts, they have been renewed to switch from wind to solar energy. The average contract pricing will be $0.048 per kilowatt hour (3.6 cents/kWh USD), which is less than the average historical wholesale power pool price paid to natural gas-fired electricity in the province in years 2008 - 2018.

"The conversation about solar energy has long been fixated on its price competitiveness with fossil fuels," said John Gorman, CanSIA President & CEO. "Today's announcement demonstrates that low cost solar energy has arrived as a mainstream option in Alberta, even as demand for solar lags in Canada according to federal assessments. The conversation should next focus on how to optimize an all-of-the-above strategy for developing the province's renewable and non-renewable resources."

"This price discovery is monumental for the solar industry in Canada" said Patrick Bateman, CanSIA Director of Policy & Market Development. "At less than five cents per kilowatt hour, this solar electricity has a cost that is less than that of natural gas. Achieving Alberta's legislated 30 per cent by 2030 renewable electricity target just became a whole lot cheaper!".

 

Quick Facts:

  • The contract price of 4.8 cents/kWh CAD to be paid by Alberta Infrastructure for this solar electricity represents a lower Levelized Cost of Electricity (LCOE) than the average annual wholesale price paid by the power pool to combined-cycle and single-cycle natural gas-fired electricity generation which was 7.1 cents/kWh and 11.2 cents/kWh respectively from 2008 - 2018.
  • Alberta receives more hours of sunshine than Miami, Florida in the summer months. Alberta's electricity supply is most strained in summer, highlighting challenges for solar expansion when high temperatures increase the resistance of the distribution and transmission systems, and reduce the efficiency of cooling thermal power plants. For this reason, solar facilities sited near to electricity demand improves overall grid efficiency. Supply shortages are atypical in Alberta in winter when solar energy is least available. When they do occur, imports are increased and large loads are decreased.
  • In 2018, Alberta's solar electricity generation exceeded 50 MW. While representing much less than 1% of the province's electricity supply today, the Canadian Solar Industries Association (CanSIA) forecasts that solar energy could supply as much as 3 per cent of the province's electricity by 2030, supporting renewable energy job growth across Alberta. A recent supply chain study of the solar electricity sector in Alberta by Solas Energy Consulting Inc. found a potential of $4.1 billion in market value and a labour force rising to 10,000 in 2030.

 

To learn more about solar energy and the best way for consumers to go solar, please visit the Canadian Solar Industries Association at www.CanSIA.ca.

 

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Canada's Electricity Exports at Risk Amid Growing U.S.-Canada Trade Tensions

US-Canada Electricity Tariff Dispute intensifies as proposed tariffs spur Canadian threats to restrict hydroelectric exports, risking cross-border energy supply, grid reliability, higher electricity prices, and clean energy goals in the Northeast and Midwest.

 

Key Points

Trade clash over tariffs and hydroelectric exports that threatens power supply, prices, and grid reliability.

✅ Potential export curbs on Canadian hydro to US markets

✅ Risks: higher prices, strained grids, reduced clean energy

✅ Diplomacy urged to avoid retaliatory trade measures

 

In early February 2025, escalating trade tensions between the United States and Canada have raised concerns about the future of electricity exports from Canada to the U.S. The potential imposition of tariffs by the U.S. has prompted Canadian officials to consider retaliatory measures, including restricting electricity exports and pursuing high-level talks such as Ford's Washington meeting with federal counterparts.

Background of the Trade Dispute

In late November 2024, President-elect Donald Trump announced plans to impose a 25% tariff on all Canadian products, citing issues related to illegal immigration and drug trafficking. This proposal has been met with strong opposition from Canadian leaders, who view such tariffs as unjustified and detrimental to both economies, even as tariff threats boost support for Canadian energy projects among some stakeholders.

Canada's Response and Potential Retaliatory Measures

In response to the proposed tariffs, Canadian officials have discussed various countermeasures. Ontario Premier Doug Ford has threatened to cut electricity supplies to 1.5 million Americans and ban imports of U.S.-made beer and liquor. Other provinces, such as Quebec and Alberta, are also considering similar actions, though experts advise against cutting Quebec's energy exports due to reliability concerns.

Impact on U.S. Energy Supply

Canada is a significant supplier of electricity to the United States, particularly in regions like the Northeast and Midwest. A reduction or cessation of these exports could lead to energy shortages and increased electricity prices in affected U.S. states, with New York especially vulnerable according to regional assessments. For instance, Ontario exports substantial amounts of electricity to neighboring U.S. states, and any disruption could strain local energy grids.

Economic Implications

The imposition of tariffs and subsequent retaliatory measures could have far-reaching economic consequences. In Canada, industries such as agriculture, manufacturing, and energy could face significant challenges due to reduced access to the U.S. market, even as many Canadians support energy and mineral tariffs as leverage. Conversely, U.S. consumers might experience higher prices for goods and services that rely on Canadian imports, including energy products.

Environmental Considerations

Beyond economic factors, the trade dispute could impact environmental initiatives. Canada's hydroelectric power exports are a clean energy source that helps reduce carbon emissions in the U.S., where policymakers look to Canada for green power to meet targets. A reduction in these exports could lead to increased reliance on fossil fuels, potentially hindering environmental goals.

The escalating trade tensions between the United States and Canada, particularly concerning electricity exports, underscore the complex interdependence of the two nations. While the situation remains fluid, it highlights the need for diplomatic engagement to resolve disputes and maintain the stability of cross-border energy trade.

 

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Florida Court Blocks Push to Break Electricity Monopolies

Florida Electricity Deregulation Ruling highlights the Florida Supreme Court decision blocking a ballot measure on retail choice, preserving utility monopolies for NextEra and Duke Energy, while similar deregulation efforts arise in Virginia and Arizona.

 

Key Points

A high court decision removing a retail choice ballot measure, keeping Florida utility monopolies intact for incumbents.

✅ Petition language deemed misleading for 2020 ballot

✅ Preserves NextEra and Duke Energy market dominance

✅ Similar retail choice pushes in VA and AZ

 

Florida’s top court ruled against a proposed constitutional amendment that would have allowed customers to pick their electricity provider, even as Florida solar incentives face rejection by state leaders, threatening monopolies held by utilities such as NextEra Energy Inc. and Duke Energy Corp.

In a ruling Thursday, the court said the petition’s language is “misleading” and doesn’t comply with requirements to be included on the 2020 ballot, reflecting debates over electricity pricing changes at the federal level. The measure’s sponsor, Citizens for Energy Choice, said the move ends the initiative, even as electricity future advocacy continues nationwide.

“While we were confident in our plan to gather the remaining signatures required, we cannot overcome this last obstacle,” the group’s chair, Alex Patton, noting ongoing energy freedom in the South efforts, said in a statement.

The proposed measure was one of several efforts underway to deregulate U.S. electricity markets, including New York’s review of retail energy markets this year. Earlier this week, two Virginia state lawmakers unveiled a bill to allow residents and businesses to pick their electricity provider, threatening Dominion Energy Inc.’s longstanding local monopoly. And in Arizona, where Arizona Public Service Co. has long reigned, regulators are considering a similar move, while in New England Hydro-Quebec’s export bid has been energized by a court decision.

 

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