Efficiency Groups Sound Alarm on Potential Regulatory Rollbacks

French Antitrust Fines for Electrical Cartel expose price fixing by Schneider Electric, Legrand, Rexel, and Sonepar, after a Competition Authority probe into electrical distribution, collusion, and compliance breaches impacting market competition and customers.

Key Points

Penalties on Schneider Electric, Legrand, Rexel, and Sonepar for electrical price fixing, upholding competition law.

✅ Competition Authority fined four major suppliers.

✅ Collusion raised prices across construction and industry.

✅ Firms bolster compliance programs and training.

In a significant crackdown on corporate malfeasance, French authorities have imposed hefty fines on four major electrical equipment companies—Schneider Electric, Legrand, Rexel, and Sonepar—after concluding a price-fixing investigation. The total fines amount to approximately €500 million, underscoring the seriousness with which regulators are addressing anti-competitive practices in the electrical distribution sector, even as France advances a new electricity pricing scheme to address EU concerns.

Background of the Investigation

The probe, initiated by France’s Competition Authority, sought to uncover collusion among these leading firms regarding the pricing of electrical equipment and services between 2005 and 2012. This investigation is part of a broader initiative to promote fair competition within the market, as Europe prepares to revamp its electricity market to bolster transparency, ensuring that consumers and businesses alike benefit from competitive pricing and innovative products.

The inquiry revealed that these companies had engaged in illicit agreements to fix prices and coordinate their market strategies, limiting competition in a sector critical to both the economy and infrastructure. The findings indicated that the collusion not only stifled competition but also led to inflated prices for customers, illustrating why rolling back electricity prices is often more complex than it appears for customers across various sectors, from construction to manufacturing.

The Fines Imposed

Following the conclusion of the investigation, the fines levied against the companies were substantial. Schneider Electric faced the largest penalty, receiving a fine of €220 million, while Legrand was fined €150 million. Rexel and Sonepar were each fined €70 million and €50 million, respectively. These financial penalties serve as a deterrent to other companies that might consider engaging in similar practices, reinforcing the message that anti-competitive behavior will not be tolerated.

The fines are particularly significant given the size and influence of these companies within the electrical equipment market. Their combined revenues amount to billions of euros annually, making the repercussions of their actions far-reaching. As major players in the industry, their pricing strategies have a direct impact on numerous sectors, from residential construction to large-scale industrial projects.

Industry Reactions

The response from the affected companies has varied. Schneider Electric expressed its commitment to compliance and transparency, acknowledging the importance of adhering to competition laws, amid ongoing EU electricity reform debates that influence market expectations.

Legrand also emphasized its commitment to fair competition, noting that it has taken steps to enhance its compliance framework in response to the investigation. Rexel and Sonepar similarly reaffirmed their dedication to ethical business practices and their intention to cooperate with regulators in the future.

Industry experts have pointed out that these fines, while significant, may not be enough to deter large corporations from engaging in similar behavior unless accompanied by a broader cultural shift within the industry. There is a growing call for enhanced oversight and stricter penalties to ensure that companies prioritize ethical conduct over short-term profits.

Implications for the Market

The fines imposed on Schneider, Legrand, Rexel, and Sonepar could have broader implications for the electrical equipment market and beyond. They signal to other companies within the sector that regulatory bodies are vigilant, even as nine EU countries oppose electricity market reforms proposed as fixes for price spikes, and willing to take decisive action against anti-competitive practices. This could foster a more competitive environment, ultimately benefiting consumers through better prices and enhanced product offerings.

Moreover, the case highlights the importance of regulatory bodies in maintaining fair market conditions. As industries evolve, ongoing vigilance from competition authorities will be necessary to prevent similar instances of collusion and ensure that markets remain competitive and innovative, as seen when New York opened a formal review of retail energy markets.

The recent fines imposed on Schneider Electric, Legrand, Rexel, and Sonepar mark a significant moment in France's ongoing battle against corporate price-fixing and anti-competitive practices, occurring as the government and EDF reached a deal on electricity prices to balance market pressures. With total penalties exceeding €500 million, the investigation underscores the commitment of French authorities to uphold market integrity and protect consumer interests.

As the industry reflects on these developments, it remains crucial for companies to prioritize compliance and ethical business practices. The ultimate goal is to create an environment where competition thrives, innovation flourishes, and consumers benefit from fair pricing. This case serves as a reminder that transparency and accountability are vital in maintaining the health of any market, particularly one as essential as the electrical equipment sector.

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Hong Kong Electricity Tariff Increase reflects a projected 1-2% rise as HK Electric and CLP Power shift to cleaner fuel and natural gas, expand gas-fired units and LNG terminals, and adjust the fuel clause charge.

Key Points

An expected 1-2% 2018 rise from cleaner fuel, natural gas projects, asset growth, and shrinking fuel cost surpluses.

✅ Expected 1-2% rise amid cleaner fuel and gas shift

✅ Fuel clause charge and asset expansion pressure prices

✅ HK Electric and CLP Power urged to use surpluses prudently

Hong Kong customers have been asked to expect higher electricity bills next year, as seen with BC Hydro rate increases in Canada, with a member of a government panel on energy policy anticipating an increase in tariffs of one or two per cent.

The environment minister, Wong Kam-sing, also hinted they should be prepared to dig deeper into their pockets for electricity, as debates over California electric bills illustrate, in the wake of power companies needing to use more expensive but cleaner fuel to generate power in the future.

HK Electric supplies power to Hong Kong Island, Lamma Island and Ap Lei Chau. Photo: David Wong

The city’s two power companies, HK Electric and CLP Power, are to brief lawmakers on their respective annual tariff adjustments for 2018, amid Ontario electricity price pressures drawing international attention, at a Legislative Council economic development panel meeting on Tuesday.

HK Electric supplies electricity to Hong Kong Island and neighbouring Lamma Island and Ap Lei Chau, while CLP Power serves Kowloon and the New Territories, including Lantau Island.

Wong said on Monday: “We have to appreciate that when we use cleaner fuel, there is a need for electricity tariffs to keep pace. I believe it is the hope of mainstream society to see a low-carbon and healthier environment.”

Secretary for the Environment Wong Kam-sing believes most people desire a low-carbon environment. Photo: Sam Tsang

But he declined to comment on how much the tariffs might rise.

World Green Organisation chief executive William Yu Yuen-ping, also a member of the Energy Advisory Committee, urged the companies to better use their “overflowing” surpluses in their fuel cost recovery accounts.

Tariffs are comprised of two components: a basic amount reflecting a company’s operating costs and investments, and the fuel clause charge, which is based on what the company projects it will pay for fuel for the year.

William Yu of World Green Organisation says the companies should use their surpluses more carefully. Photo: May Tse

Critics have claimed the local power suppliers routinely overestimate their fuel costs and amass huge surpluses.

In recent years, the two managed to freeze or cut their tariffs thanks to savings from lower fuel costs. Last year, HK Electric offered special rebates to its customers, which saw its tariff drop by 17.2 per cent. CLP Power froze its own charge for 2017.

Yu said the two companies should use the surpluses “more carefully” to stabilise tariffs.

Rise after fall in Hong Kong electricity use linked to subsidies

“We estimate a big share of the surplus has been used up and so the honeymoon period is over.”

Based on his group’s research, Yu believed the tariffs would increase by one or two per cent.

Economist and fellow committee member Billy Mak Sui-choi said the expansion of the power companies’ fixed asset bases, such as building new gas-fired units and offshore liquefied natural gas terminals, a pattern reflected in Nova Scotia's 14% rate hike recently approved by regulators, would also cause tariffs to rise.

To fight climate change and improve air quality, the government has pledged to cut carbon intensity by between 50 and 60 per cent by 2020. Officials set a target of boosting the use of natural gas for electricity generation to half the total fuel mix from 2020.

Both power companies are privately owned and monitored by the government through a mutually agreed scheme of control agreements, akin to oversight seen under the UK energy price cap in other jurisdictions. These require the firms to seek government approval for their development plans, including their projected basic tariff levels.

At present, the permitted rate of return on their net fixed assets is 9.99 per cent. The deals are due to expire late next year.

Earlier this year, officials reached a deal with the two companies on the post-2018 scheme, settling on a 15-year term. The new agreements slash their permitted rate of return to 8 per cent.

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Crouching Yeti APT targets energy infrastructure with watering-hole attacks, compromising servers to steal credentials and stage intrusions; Kaspersky Lab links the Energetic Bear group to ICS threats across Russia, US, Europe, and Turkey.

Key Points

Crouching Yeti APT, aka Energetic Bear, is a threat group that targets energy firms using watering-hole attacks.

✅ Targets energy infrastructure via watering-hole compromises

✅ Uses open-source tools and backdoored sshd for persistence

✅ Scans global servers to stage intrusions and steal credentials

A hacker collective known for attacking industrial companies around the world have had some of their infrastructure identified by Russian security specialists.

Kaspersky Lab said that it has discovered a number of servers compromised by the group, belonging to different organisations based in Russia, the US, and Turkey, as well as European countries.

The Russian-speaking hackers, known as Crouching Yeti or Energetic Bear, mostly focus on energy facilities, as seen in reports of infiltration of the U.S. power grid targeting critical infrastructure, for the main purpose of stealing valuable data from victim systems.

Hacked servers

Crouching Yeti is described as an advanced persistent threat (APT) group that Kaspersky Lab has been tracking since 2010.

#google#

Kaspersky Lab said that the servers it has compromised are not just limited to industrial companies. The servers were hit in 2016 and 2017 with different intentions. Some were compromised to gain access to other resources or to be used as intermediaries to conduct attacks on other resources.

Others, including those hosting Russian websites, were used as watering holes.

It is a common tactic for Crouching Yeti to utilise watering hole attacks where the attackers inject websites with a link redirecting visitors to a malicious server.

“In the process of analysing infected servers, researchers identified numerous websites and servers used by organisations in Russia, US, Europe, Asia and Latin America that the attackers had scanned with various tools, possibly to find a server that could be used to establish a foothold for hosting the attackers’ tools and to subsequently develop an attack,” said the security specialists in a blog posting.

“The range of websites and servers that captured the attention of the intruders is extensive,” the firm said. “Kaspersky Lab researchers found that the attackers had scanned numerous websites of different types, including online stores and services, public organisations, NGOs, manufacturing, etc.

Kaspersky Lab said that the hackers used publicly available malicious tools, designed for analysing servers, and for seeking out and collecting information. The researchers also found a modified sshd file with a preinstalled backdoor. This was used to replace the original file and could be authorised with a ‘master password’.

“Crouching Yeti is a notorious Russian-speaking group that has been active for many years and is still successfully targeting industrial organisations through watering hole attacks, among other techniques,” explained Vladimir Dashchenko, head of vulnerability research group at Kaspersky Lab ICS CERT.

Russian government?

“Our findings show that the group compromised servers not only for establishing watering holes, but also for further scanning, and they actively used open-sourced tools that made it much harder to identify them afterwards,” he said.

“The group’s activities, such as initial data collection, the theft of authentication data, and the scanning of resources, are used to launch further attacks,” said Dashchenko. “The diversity of infected servers and scanned resources suggests the group may operate in the interests of the third parties.”

This may well tie into a similar conclusion from a rival security vendor.

In 2014 CrowdStrike claimed that the ‘Energetic Bear’ group was also tracked in Symantec's Dragonfly research and had been hacking foreign companies on behalf of the Russian state.

The security vendor had said the group had been carrying out attacks on foreign companies since 2012, with reports of breaches at U.S. power plants that underscored the campaign, and there was evidence that these operations were sanctioned by the Russian government.

Last month the United States for the first time publicly accused Russia in a condemnation of Russian grid hacking of attacks against the American power grid.

Symantec meanwhile warned last year of a resurgence in cyber attacks on European and US energy companies, including reports of access to U.S. utility control rooms that could result in widespread power outages.

And last July the UK’s National Cyber Security Centre (NCSC) acknowledged it was investigating a broad wave of attacks on companies in the British energy and manufacturing sectors.

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Georgia Electricity Imports October 2017 surged as hydropower output fell and thermal power plants underperformed; ESCO balanced demand via low-cost imports, mainly from Azerbaijan, amid rising tariffs, kWh consumption growth, and a widening generation-consumption gap.

Key Points

They mark a record import surge due to costly local generation, lower hydropower, ESCO balancing costs, and rising demand.

✅ Imports rose 832% YoY to 157 mln kWh, mainly from Azerbaijan

✅ TPP output fell despite capacity; only low-tariff plants ran

✅ Balancing price 13.8 tetri/kWh signaled costly domestic PPAs

In October 2017, Georgian power plants generated 828 mln. KWh of electricity, marginally up (+0.79%) compared to September. Following the traditional seasonal pattern and amid European concerns over dispatchable power shortages affecting markets, the share of electricity produced by renewable sources declined to 71% of total generation (87% in September), while thermal power generation’s share increased, accounting for 29% of total generation (compared to 13% in September). When we compare last October’s total generation with the total generation of October 2016, however, we observe an 8.7% decrease in total generation (in October 2016, total generation was 907 mln. kWh). The overall decline in generation with respect to the previous year is due to a simultaneous decline in both thermal power and hydro power generation. 

Consumption of electricity on the local market in the same period was 949 mln. kWh (+7% compared to October 2016, and +3% with respect to September 2017), and reflected global trends such as India's electricity growth in recent years. The gap between consumption and generation increased to 121 mln. kWh (15% of the amount generated in October), up from 100 mln. kWh in September. Even more importantly, the situation was radically different with respect to the prior year, when generation exceeded consumption.

The import figure for October was by far the highest from the last 12 years (since ESCO was established), occurring as Ukraine electricity exports resumed regionally, highlighting wider cross-border dynamics. In October 2017, Georgia imported 157 mln. kWh of electricity (for 5.2 ¢/kWh – 13 tetri/kWh). This constituted an 832% increase compared to October 2016, and is about 50% larger than the second largest import figure (104.2 mln. kWh in October 2014). Most of the October 2017 imports (99.6%) came from Azerbaijan, with the remaining 0.04% coming from Russia.

The main question that comes to mind when observing these statistics is: why did Georgia import so much? One might argue that this is just the result of a bad year for hydropower generation and increased demand. This argument, however, is not fully convincing. While it is true that hydropower generation declined and demand increased, the country’s excess demand could have been easily satisfied by its existing thermal power plants, even as imported coal volumes rose in regional markets. Instead of increasing, however, the electricity coming from thermal power plants declined as well. Therefore, that cannot be the reason, and another must be found. The first that comes to mind is that importing electricity may have been cheaper than buying it from local TPPs, or from other generators selling electricity to ESCO under power purchase agreements (PPAs). We can test the first part of this hypothesis by comparing the average price of imported electricity to the price ceiling on the tariff that TPPs can charge for the electricity they sell. Looking at the trade statistics from Geostat, the average price for imported electricity in October 2017 remained stable with respect to the same month of the previous year, at 5.2 ¢ (13 tetri) per kWh. Only two thermal power plants (Gardabani and Mtkvari) had a price ceiling below 13 tetri per kWh. Observing the electricity balance of Georgia, we see that indeed more than 98% of the electricity generated by TPPs in October 2017 was generated by those two power plants.

What about other potential sources of electricity amid Central Asia's power shortages at the time? To answer this question, we can use the information derived from the weighted average price of balancing electricity. Why balancing electricity? Because it allows us to reconstruct the costs the market operator (ESCO) faced during the month of October to make sure demand and supply were balanced, and it allows us to gain an insight about the price of electricity sold through PPAs.

ESCO reports that the weighted average price of balancing electricity in October 2017 was 13.8 tetri/kWh, (25% higher than in October 2016, when it was below the average weighted cost of imports – 11 vs. 13 – and when the quantity of imported electricity was substantially smaller). Knowing that in October 2017, 61% of balancing electricity came from imports, while 39% came from hydropower and wind power plants selling electricity to ESCO under their PPAs, we can deduce that in this case, internal generation was (on average) also substantially more expensive than imports. Therefore, the high cost of internally generated electricity, rather than the technical impossibility of generating enough electricity to satisfy electricity demand, indeed appears to be one the main reasons why electricity imports spiked in October 2017.

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U.S. Electricity Demand Decoupling signals GDP growth without higher load, driven by energy efficiency, LED adoption, services-led output, and rising renewables integration with the grid, plus EV charging and battery storage supporting decarbonization.

Key Points

GDP grows as electricity use stays flat, driven by efficiency, renewables, and a shift toward services and output.

✅ LEDs and codes cut residential and commercial load intensity.

✅ Wind, solar, and gas gain share as coal and nuclear struggle.

✅ EVs and storage can grow load and enable grid decarbonization.

By Justin Fox

Economic growth picked up a little in the U.S. in 2017. But electricity use fell, with electricity sales projections continuing to decline, according to data released recently by the Energy Information Administration. It's now been basically flat for more than a decade:

Measured on a per-capita basis, electricity use is in clear decline, and is already back to the levels of the mid-1990s.

Sources: U.S. Energy Information Administration, U.S. Bureau of Economic Analysis

*Includes small-scale solar generation from 2014 onward

I constructed these charts to go all the way back to 1949 in part because I can (that's how far back the EIA data series goes) but also because it makes clear what a momentous change this is. Electricity use rose and rose and rose and then ... it didn't anymore.

Slower economic growth since 2007 has been part of the reason, but the 2017 numbers make clear that higher gross domestic product no longer necessarily requires more electricity, although the Iron Law of Climate is often cited to suggest rising energy use with economic growth. I wrote a column last year about this big shift, and there's not a whole lot new to say about what's causing it: mainly increased energy efficiency (driven to a remarkable extent by the rise of LED light bulbs), and the continuing migration of economic activity away from making tangible things and toward providing services and virtual products such as games and binge-watchable TV series (that are themselves consumed on ever-more-energy-efficient electronic devices).

What's worth going over, though, is what this means for those in the business of generating electricity. The Donald Trump administration has made saving coal-fired electric plants a big priority; the struggles of nuclear power plants have sparked concern from multiple quarters. Meanwhile, U.S. natural gas production has grown by more than 40 percent since 2007, thanks to hydraulic fracturing and other new drilling techniques, while wind and solar generation keep making big gains in cost and market share. And this is all happening within the context of a no-growth electricity market.

In China, a mystery in China's electricity data has complicated global comparisons.

Here are the five main sources of electric power in the U.S.:

The big story over the past decade has been coal and natural gas trading places as the top fuel for electricity generation. Over the past year and a half coal regained some of that lost ground as natural gas prices rose from the lows of early 2016. But with overall electricity use flat and production from wind and solar on the rise, that hasn't translated into big increases in coal generation overall.

Oh, and about solar. It's only a major factor in a few states (California especially), so it doesn't make the top five. But it's definitely on the rise.

What happens next? For power generators, the best bet for breaking out of the current no-growth pattern is to electrify more of the U.S. economy, especially transportation. A big part of the attraction of electric cars and trucks for policy-makers and others is their potential to be emissions-free. But they're only really emissions-free if the electricity used to charge them is generated in an emissions-free manner -- creating a pretty strong business case for continuing "decarbonization" of the electric industry. It's conceivable that electric car batteries could even assist in that decarbonization by storing the intermittent power generated by wind and solar and delivering it back onto the grid when needed.

I don't know exactly how all this will play out. Nobody does. But the business of generating electricity isn't going back to its pre-2008 normal. 

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Manitoba Hydro rate hikes face public hearings over electricity rates, utility bills, and debt, with impacts on low-income households, Indigenous communities, and Winnipeg services amid credit rating pressure and rising energy costs.

Key Points

Manitoba Hydro seeks 7.9% annual increases to stabilize finances and debt, impacting electricity costs for households.

✅ Proposed hikes: 7.9% yearly through 2023/24

✅ Driven by debt, credit rating declines, rising interest

✅ Disproportionate impact on low-income and Indigenous communities

Hearings began Monday into Manitoba Hydro’s request for consecutive annual rate hikes of 7.9 per cent.  The crown corporation is asking for the steep hikes to commence April 1, 2018.

The increases would continue through 2023/2024, under a multi-year rate plan before dropping to what Hydro calls “sustainable” levels.

Patti Ramage, legal counsel for Hydro, said while she understands no one welcomes the “exceptional” rate increases, the company is dealing with exceptional circumstances.

It’s the largest rate increase Hydro has ever asked for, though a scaled-back increase was discussed later, saying rising debt and declining credit ratings are affecting its financial stability.

President and CEO Kelvin Shepherd said Hydro is borrowing money to fund its interest payments, and acknowledged that isn’t an effective business model.

Hydro’s application states that it will be spending up to 63 per cent of its revenue on paying financial expenses if the current request for rate hikes is not approved.

If it does get the increase it wants, that number could shrink to 45 per cent – which Ramage says is still quite high, but preferable to the alternative.

She cited the need to take immediate action to fix Hydro’s finances instead of simply hoping for the best.

“The worst thing we can do is defer action… that’s why we need to get this right,” Ramage said.

A number of intervenors presented varying responses to Hydro’s push for increased rates, with many focusing on how the hikes would affect Manitobans with lower incomes.

Senwung Luk spoke on behalf of the Assembly of Manitoba Chiefs, and said the proposed rates would hit First Nations reserves particularly hard.

He noted that 44.2 per cent of housing on reserves in the province needs significant improvement, which means electricity use tends to be higher to compensate for the lower quality of infrastructure.

Luk says this problem is compounded by the higher rates of poverty in Indigenous populations, with 76 per cent of children on reserves in Manitoba living below the poverty line.

If the increase goes forward, he said the AMC hopes to see a reduced rate for those living on reserves, despite a recent appeal court ruling on such pricing.

Byron Williams, speaking on behalf of the Consumers Coalition, said the 7.9 per cent increase unreasonably favours the interests of Hydro, and is unjustly biased against virtually everyone else.

In Saskatchewan, the NDP criticized an SaskPower 8 per cent rate hike as unfair to customers, highlighting regional concerns.

Williams said customers using electric space heating would be more heavily targeted by the rate increase, facing an extra $13.14 a month as opposed to the $6.88 that would be tacked onto the bills of those not using electric space heating.

Williams also called Hydro’s financial forecasts unreliable, bringing the 7.9 per cent figure into question.

Lawyer George Orle, speaking for the Manitoba Keewatinowi Okimakanak, said the proposed rate hikes would “make a mockery” of the sacrifices made by First Nations across the province, given that so much of Hydro’s infrastructure is on Indigenous land.

The city of Winnipeg also spoke out against the jump, saying property taxes could rise or services could be cut if the hikes go ahead to compensate for increased, unsustainable electricity costs.

In British Columbia, a BC Hydro 3 per cent increase also moved forward, drawing attention to affordability.

A common theme at the hearing was that Hydro’s request was not backed by facts, and that it was heading towards fear-mongering.

Manitoba Hydro’s CEO begged to differ as he plead his case during the first hearing of a process that is expected to take 10 weeks.

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