Kansas responds to Sunflower lawsuit

By Associated Press


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Attorney General Steve Six's office is asking a federal court to dismiss Sunflower Electric Power Corp.'s lawsuit against the state for denying an air quality permit it needs to build two coal-fired power plants in southwest Kansas.

Sunflower filed the lawsuit last month in U.S. District Court in Wichita, saying Health and Environment Secretary Rod Bremby's decision to deny the permit violated its right to equal protection and its right to conduct interstate commerce.

It asked U.S. District Judge Eric Melgren to set aside the denial order and issue an injunction to keep the state from considering CO2 emissions in any future proceedings on Sunflower's application. No hearing date has been set.

In its response, the attorney general's office said the federal court lacks jurisdiction in the case because there's an ongoing appeal with Office of Administrative Hearings. There's also a pending case in the Kansas Supreme Court, which has postponed any action until the OAH rules.

Sunflower's lawsuit was the latest in an ongoing battle with the state over the October 2007 decision by Bremby, who cited potential carbon dioxide emissions and global warming for denying the permit. Many scientists link man-made greenhouse gas emissions to global warming.

"Even a cursory analysis of plaintiff's requested relief indicates this case constitutes nothing more than plaintiff's most recent attempt to achieve judicial review of the secretary's denial order prior to the OAH and Kansas Supreme Court completing their ongoing proceedings and the secretary issuing a final order," Six's motion said.

The motion also said both proceedings deal with the Kansas environment and its pollution permitting process "which are important state interests that, as a matter of law, are exclusively assigned to the KDHE."

KDHE spokeswoman Maggie Thompson said the agency doesn't comment on pending litigation.

"We believe the ratepayers of central and western Kansas have not received equal treatment under the law and have been denied the opportunity to benefit from interstate commerce," Clare Gustin, Sunflower vice president, said.

Gustin said Sunflower is committed to developing the power plants at Holcomb in Finney County to bring "low cost, reliable power to central and western Kansas."

In September 2007, the attorney general's office told Bremby he had the authority to deny the permit to protect the health of people or environment, even though there's no state or federal regulations setting limits for CO2 emissions.

Environmentalists opposed the $3.6 billion plants, but there was bipartisan support because many legislators, especially those from western Kansas, viewed it as economic development.

The Legislature tried three times this year to overturn Bremby's decision and allow the Hays-based Sunflower to build the plants. Each bill was vetoed by Gov. Kathleen Sebelius and legislators didn't have the votes to override her veto.

Sebelius and Lt. Gov. Mark Parkinson, along with Bremby, were named in Sunflower's lawsuit. The state's motion asks the court to remove Sebelius and Parkinson as defendants because they don't have the authority to act on Sunflower's application.

Sunflower wants to sell about 86 percent of the new power to two out-of-state electric cooperatives that are helping finance the project. They are Tri-State Generation and Transmission Association Inc. of Westminster, Colo., and Golden Spread Electric Cooperative, in Amarillo, Texas.

The new generating capacity, totaling 1,400 megawatts, would be enough to meet the peak demands of 700,000 households, according to one state estimate. Sunflower and a sister utility, Midwest Energy Inc., serve about 400,000 customers in 55 Kansas counties.

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Alberta shift from coal to cleaner energy

Alberta Coal-to-Gas Transition will retire coal units, convert plants to natural gas, boost renewables, and affect electricity prices, with policy tools like a price cap and carbon tax shaping the power market.

 

Key Points

Shift retiring coal units and converting to natural gas and renewables, targeting coal elimination by 2030.

✅ TransAlta retires Sundance coal unit; more units convert to gas.

✅ Forward prices seen near $40 to low $50/MWh in 2018.

✅ 6.8-cent cap shields consumers; carbon tax backstops costs.

 

The turn of the calendar to 2018 saw TransAlta retire one of its coal power generating units at its Sundance plant west of Edmonton and mothball another as it begins the transition to cleaner sources of energy across Alberta.

The company will say goodbye to three more units over the next year and a half to prepare them for conversion to natural gas.

This is part of a fundamental shift in Alberta, which will see coal power retired ahead of schedule by 2030, replaced by a mix of natural gas and renewable sources.

“We’re going to see that transition continue right up from now until 2030, and likely beyond 2030 as wind generation starts to outpace coal and new technologies become available.”

Coal has long been the backbone of Alberta’s grid, currently providing nearly 40 per cent of the provinces power. Analysts believe removing it will come with a cost to consumers, according to a report on coal phase-out costs published recently.

“The open question over the next couple of years is whether they’re going to inch up gradually, or whether they’re going to inch up like they did in 2012 and 2013, by having periods of very high power prices.”

Albertans are currently paying historically low power prices, with generation costs last year averaging below $23/MWh, less than half of the average of the past 10 years.

A report released in mid-December by electricity consultant firm EDC Associates showed forward prices moving from the $40/MWh in the first three months of 2018, to the low $50/MWh range.

“The forwards tend to take several weeks to fully react to announcements, so its anticipated that prices will continue to gradually track upwards over the coming weeks,” the report reads.

The NDP government has taken steps to protect consumers against price surges. Last spring, a price cap of 6.8 cents/MWh was put in place until the spring of 2021, with any cost above that to be covered by carbon tax revenue.

 

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Starting Texas Schools After Labor Day: Power Grid and Cost Benefits?

Texas After-Labor Day School Start could ease ERCOT's power grid strain by shifting peak demand, lowering air-conditioning loads in schools, improving grid reliability, reducing electricity costs, and curbing emissions during extreme heat the summer months.

 

Key Points

A proposed calendar shift to start school after Labor Day to lower ERCOT peak demand, costs, and grid risk.

✅ Cuts school HVAC loads during peak summer heat

✅ Lowers costly peaker plant use and electricity rates

✅ Requires calendar changes, testing and activities shifts

 

As Texas faces increasing demands on its power grid, a new proposal is gaining traction: starting the school year after Labor Day. This idea, reported by the Dallas News, suggests that delaying the start of the academic year could help alleviate some of the pressure on the state’s electricity grid during the peak summer months, potentially leading to both grid stability and financial savings. Here’s an in-depth look at how this proposed change could impact Texas’s energy landscape and education system.

The Context of Power Grid Strain

Texas's power grid, operated by the Electric Reliability Council of Texas (ERCOT), has faced significant challenges in recent years. Extreme weather events, record-breaking temperatures, and high energy demand have strained the grid, and some analyses argue that climate change, not demand is the biggest challenge today, leading to concerns about reliability and stability. The summer months are particularly taxing, as the demand for air conditioning surges, often pushing the grid to its limits.

In this context, the idea of adjusting the school calendar to start after Labor Day has been proposed as a potential strategy to help manage electricity demand. By delaying the start of school, proponents argue that it could reduce the load on the power grid during peak usage periods, thereby easing some of the stress on energy resources.

Potential Benefits for the Power Grid

The concept of delaying the school year is rooted in the potential benefits for the power grid. During the hottest months of summer, the demand for electricity often spikes as families use air conditioning to stay cool, and utilities warn to prepare for blackouts as summer takes hold. School buildings, typically large and energy-intensive facilities, contribute significantly to this demand when they are in operation.

Starting school later could help reduce this peak demand, as schools would be closed during the hottest months when the grid is under the most pressure. This reduction in demand could help prevent grid overloads and reduce the risk of power outages, at a time when longer, more frequent outages are afflicting the U.S. power grid, ultimately contributing to a more stable and reliable electricity supply.

Additionally, a decrease in peak demand could help lower electricity costs. Power plants, particularly those that are less efficient and more expensive to operate, are often brought online during periods of high demand. By reducing the peak load, the state could potentially minimize the need for these costly power sources, leading to lower overall energy costs.

Financial and Environmental Considerations

The financial implications of starting school after Labor Day extend beyond just the power grid. By reducing energy consumption during peak periods, the state could see significant savings on electricity costs. This, in turn, could lead to lower utility bills for schools, businesses, and residents alike, a meaningful relief as millions risk electricity shut-offs during summer heat.

Moreover, reducing the demand for electricity from fossil fuel sources can have positive environmental impacts. Lower peak demand may reduce the reliance on less environmentally friendly energy sources, and aligns with calls to invest in a smarter electricity infrastructure nationwide, thereby decreasing greenhouse gas emissions and contributing to overall environmental sustainability.

Challenges and Trade-offs

While the proposal offers potential benefits, it also comes with challenges and trade-offs. Adjusting the school calendar would require significant changes to the academic schedule, potentially affecting extracurricular activities, summer programs, and family plans, and comparisons to California's reliability challenges underscore the complexity. Additionally, there could be resistance from various stakeholders, including parents, educators, and students, who are accustomed to the current school calendar.

There are also logistical considerations to address, such as how a delayed start might impact standardized testing schedules and the academic calendar for higher education institutions. These factors would need to be carefully evaluated to ensure that the proposed changes do not adversely affect educational outcomes or create unintended consequences.

Looking Ahead

The idea of starting Texas schools after Labor Day represents an innovative approach to addressing the challenges facing the state’s power grid. By potentially reducing peak demand and lowering energy costs, and alongside efforts to connect Texas's grid to the rest of the nation, this proposal could contribute to greater grid stability and financial savings. However, careful consideration and planning will be essential to navigate the complexities of altering the school calendar and to ensure that the benefits outweigh the challenges.

As Texas continues to explore solutions for managing its power grid and energy resources, the proposal to shift the school year schedule provides an intriguing possibility. It reflects a broader trend of seeking creative and multifaceted approaches to balancing energy demand, environmental sustainability, and public needs.

In conclusion, starting schools after Labor Day could offer tangible benefits for Texas’s power grid and financial well-being. As discussions on this proposal advance, it will be important to weigh all factors and engage stakeholders to ensure a successful and equitable implementation.

 

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Neo-Nazi, woman accused of plotting 'hate-fueled attacks' on power stations, federal complaint says

Baltimore Substation Attack Plot highlights alleged neo-Nazi plans targeting electrical substations and the power grid, as FBI and DHS warn of domestic extremism threats to critical infrastructure, with arrests in Maryland disrupting potential sniper attacks.

 

Key Points

An alleged extremist plot to disable Baltimore's power grid by shooting substations, thwarted by federal arrests.

✅ Two suspects charged in Maryland conspiracy

✅ Targets included five substations around Baltimore

✅ FBI cites domestic extremism threat to infrastructure

 

A neo-Nazi in Florida and a Maryland woman conspired to attack several electrical substations in the Baltimore area, federal officials say.

Sarah Beth Clendaniel and Brandon Clint Russell were arrested and charged in a conspiracy to disable the power grid by shooting out substations via "sniper attacks," according to a criminal complaint from the U.S. Attorney's Office for the District of Maryland.

Clendaniel allegedly said she wanted to "completely destroy this whole city" and was planning to target five substations situated in a "ring" around Baltimore, the complaint said. Russell is part of a violent extremist group that has cells in multiple states, and he previously planned to attack critical infrastructure in Florida, the complaint said.

"This planned attack threatened lives and would have left thousands of Marylanders in the cold and dark," Maryland U.S. Attorney Erek Barron said in a press release. "We are united and committed to using every legal means necessary to disrupt violence, including hate-fueled attacks."

The news comes as concerns grow about an increase in targeted substation attacks on U.S. substations tied to domestic extremism.

 

What to know about substation attacks

Federal data shows vandalism and suspicious activities at electrical facilities soared nationwide last year, and cyber actors have accessed utilities' control rooms as well.

At the end of the year, attacks or potential attacks were reported on more than a dozen substations and one power plant across five states, and Symantec documented Russia-linked Dragonfly activity targeting the energy sector earlier. Several involved firearms.

In December, targeted attacks on substations in North Carolina left tens of thousands without power amid freezing temperatures, spurring renewed focus on protecting the U.S. power grid among officials. The FBI is investigating.

Vandalism at facilities in Washington left more than 21,000 without electricity on Christmas Day, even as hackers breached power-plant systems in other states. Two men were arrested, and one told police he planned to disrupt power to commit a burglary.

The Department of Homeland Security last year said domestic extremists had been developing "credible, specific plans" since at least 2020 and would continue to "encourage physical attacks against electrical infrastructure," and the U.S. government has condemned Russia for power grid hacking as well.

Last February, three neo-Nazis pleaded guilty to federal crimes related to a scheme to attack the grid with rifles, with each targeting a substation in a different region of the U.S., even as reports that Russians hacked into US electric utilities drew widespread attention.

 

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Alliant aims for carbon-neutral electricity, says plans will save billions for ratepayers

Alliant Energy Net-Zero Carbon Plan outlines carbon-neutral electricity by 2050, coal retirements by 2040, major solar and wind additions, gas transition, battery storage, hydrogen, and carbon credits to reduce emissions and lower customer costs.

 

Key Points

Alliant Energy's strategy to reach carbon-neutral power by 2050 via coal phaseout, renewables, storage, and offsets.

✅ Targets net-zero electricity by 2050

✅ Retires all coal by 2040; expands solar and wind

✅ Uses storage, hydrogen, and offsets to bridge gaps

 

Alliant Energy has joined a small but growing group of utilities aiming for carbon-neutral electricity by 2050.

In a report released Wednesday, the Madison-based company announced a goal of “net-zero carbon dioxide emissions” from its electricity generation along with plans to eliminate all coal-powered generation by 2040, a decade earlier than the company’s previous target.

Alliant, which is pursuing plans that would make it the largest solar energy generator in Wisconsin, said it is on track to cut its 2005 carbon emissions in half by 2030.

Both goals are in line with targets an international group of scientists warn is necessary to avoid the most catastrophic impacts of climate change. But reducing greenhouse gasses was not the primary motivation, said executive vice president and general counsel Jim Gallegos.

“The primary driver is focused on our customers and communities and setting them up … to be competitive,” Gallegos said. “We do think renewables are going to do it better than fossil fuels.”

Alliant has told regulators it can save customers up to $6.5 billion over the next 35 years by adding more than 1,600 megawatts of renewable generation, closing one of its two remaining Wisconsin coal plants and taking other undisclosed actions.

In a statement, Alliant chairman and CEO John Larsen said the goal is part of broader corporate and social responsibility efforts “guided by our strategy and designed to deliver on our purpose — to serve customers and build stronger communities.”

Coal out; gas remains
The goal applies only to Alliant’s electricity generation — the company has no plans to stop distributing natural gas for heating — and is “net-zero,” meaning the company could use some form of carbon capture or purchase carbon credits to offset continuing emissions.

The plan relies heavily on renewable generation — seen in regions embracing clean power across North America — including the addition of up to 1,000 megawatts of new Wisconsin solar plants by the end of 2023 and 1,000 megawatts of Iowa wind generation added over the past four years — as well as natural gas generators to replace its aging coal fleet.

But Jeff Hanson, Alliant’s director of sustainability, said eliminating or offsetting all carbon emissions will require new tools, such as battery storage or possibly carbon-free fuels such as hydrogen, and awareness of the Three Mile Island debate over the role of nuclear power in the mix.

“Getting to the 2040 goals, that’s all based on the technologies of today,” Hanson said. “Can we get to net zero today? The challenge would be a pretty high bar to clear.”

Gallegos said the plan does not call for the construction of more large-scale natural gas generators like the recently completed $700 million West Riverside Energy Center in Beloit, though natural gas will remain a key piece of Alliant’s generation portfolio.

Alliant announced plans in May to close its 400-megawatt Edgewater plant in Sheboygan by the end of 2022, echoing how Alberta is retiring coal by 2023 as markets shift, but has not provided a date for the shutdown of the jointly owned 1,100-megawatt Columbia Energy Center near Portage, which received about $1 billion worth of pollution-control upgrades in the past decade.

Alliant’s Iowa subsidiary plans to convert its 52-year-old, 200-megawatt Burlington plant to natural gas by the end of next year and a pair of small coal-fired generators in Linn County by 2025. That leaves the 250-megawatt plant in Lansing, which is now 43 years old, and the 734-megawatt Ottumwa plant as the remaining coal-fired generators, even as others keep a U.S. coal plant running indefinitely elsewhere.

Earlier this year, the utility asked regulators to approve a roughly $900 million investment in six solar farms across the state with a total capacity of 675 megawatts, similar to plans in Ontario to seek new wind and solar to address supply needs. The company plans to apply next year for permission to add up to 325 additional megawatts.

Alliant said the carbon-neutral plan, which entails closing Edgewater along with other undisclosed actions, would save customers between $2 billion and $6.5 billion through 2055 compared to the status quo.

Tom Content, executive director of the Citizens Utility Board, said the consumer advocacy group wants to ensure that ratepayers aren’t forced to continue paying for coal plants that are no longer needed while also paying for new energy sources and would like to see a bigger role for energy efficiency and more transparency about the utilities’ pathways to decarbonization.

‘They could do better’
Environmental groups said the announcement is a step in the right direction, though they say utilities need to do even more to protect the environment and consumers.

Amid competition from cheaper natural gas and renewable energy and pressure from environmentally conscious investors, U.S. utilities have been closing coal plants at a record pace in recent years, as industry CEOs say a coal comeback is unlikely in the U.S., a trend that is expected to continue through the next decade.

“This is not industry leadership when we’re talking about emission reductions,” said Elizabeth Katt Reinders, regional campaign director for the Sierra Club, which has called on Alliant to retire the Columbia plant by 2026.

Closing Edgewater and Columbia would get Alliant nearly halfway to its emissions goals while saving customers more than $250 million over the next decade, according to a Sierra Club study released earlier this year.

“Retiring Edgewater was a really good decision. Investing in 1,000 megawatts of new solar is game-changing for Wisconsin,” Katt Reinders said. “In the same breath we can say this emissions reduction goal is unambitious. Our analysis has shown they can do far more far sooner.”

Scott Blankman, a former Alliant executive who now works as director of energy and air programs for Clean Wisconsin, said Alliant should not run the Columbia plant for another 20 years.

“If they’re saying they’re looking to get out of coal by 2040 in Wisconsin I’d be very disappointed,” Blankman said. “I do think they could do better.”

Alliant is the 15th U.S. investor-owned utility to set a net-zero target, according to the Natural Resources Defense Council, joining Madison Gas and Electric, which announced a similar goal last year. Minnesota-based Xcel Energy, which serves customers in western Wisconsin, was the first large investor-owned utility to set such a target, as state utilities report declining returns in coal operations.

 

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Nord Stream: Norway and Denmark tighten energy infrastructure security after gas pipeline 'attack'

Nord Stream Pipeline Sabotage triggers Baltic Sea gas leaks as Norway and Denmark tighten energy infrastructure security, offshore surveillance, and exclusion zones, after drone sightings near platforms and explosions reported by experts.

 

Key Points

An alleged attack causing Baltic gas leaks and heightened energy security measures in Norway and Denmark.

✅ Norway boosts offshore and onshore site security

✅ Denmark enforces 5 nm exclusion zone near leaks

✅ Drones spotted; police probe sabotage and safety breaches

 

Norway and Denmark will increase security and surveillance around their energy infrastructure sites after the alleged sabotage of Russia's Nord Stream gas pipeline in the Baltic Sea, as the EU pursues a plan to dump Russian energy to safeguard supplies. 

Major leaks struck two underwater natural gas pipelines running from Russia to Germany, which has moved to a 200 billion-euro energy shield amid surging prices, with experts reporting that explosions rattled the Baltic Sea beforehand.

Norway -- an oil-rich nation and Europe's biggest supplier of gas -- will strengthen security at its land and offshore installations, even as it weighs curbing electricity exports to avoid shortages, the country's energy minister said.

The Scandinavian country's Petroleum Safety Authority also urged vigilance on Monday after unidentified drones were seen flying near Norway's offshore oil and gas platforms.

"The PSA has received a number of warnings/notifications from operator companies on the Norwegian Continental Shelf concerning the observation of unidentified drones/aircraft close to offshore facilities" the agency said in a statement.

"Cases where drones have infringed the safety zone around facilities are now being investigated by the Norwegian police."

Meanwhile Denmark will increase security across its energy sector after the Nord Stream incident, as wider market strains, including Germany's struggling local utilities, ripple across Europe, a spokesperson for gas transmission operator Energinet told Upstream.

The Danish Maritime Agency has also imposed an exclusion zone for five nautical miles around the leaks, warning ships of a danger they could lose buoyancy, and stating there is a risk of the escaping gas igniting "above the water and in the air," even as Europe weighs emergency electricity measures to limit prices.

Denmark's defence minister said there was no cause for security concerns in the Baltic Sea region.

"Russia has a significant military presence in the Baltic Sea region and we expect them to continue their sabre-rattling," Morten Bodskov said in a statement.

Video taken by a Danish military plane on Tuesday afternoon showed the extent of one of gas pipeline leaks, with the surface of the Baltic bubbling up as gas escapes, highlighting Europe's energy crisis for global audiences:

Meanwhile police in Sweden have opened a criminal investigation into "gross sabotage" of the Nord Stream 1 and Nord Stream 2 pipelines, and Sweden's crisis management unit was activated to monitor the situation. The unit brings together representatives from different government agencies. 

Swedish Foreign Minister Ann Linde had a call with her Danish counterpart Jeppe Kofod on Tuesday evening, and the pair also spoke with Norwegian Foreign Minister Anniken Huitfeldt on Wednesday, as the bloc debates gas price cap strategies to address the crisis, with Kofod saying there should be a "clear and unambiguous EU statement about the explosions in the Baltic Sea." 

"Focus now on uncovering exactly what has happened - and why. Any sabotage against European energy infrastructure will be met with a robust and coordinated response," said Kofod. 

 

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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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