AEP says it won't abandon coal plans

By Knight Ridder Tribune


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Regulatory hurdles, legal challenges and slow site work will keep American Electric Power from starting operations at two coal-fired plants along the Ohio River until the middle of the next decade.

That's about four years later than officials with the Columbus-based utility had hoped for when they announced plans for plants in Meigs County, Ohio, and Mason County, W.Va., in August 2004. But the company's top officer told shareholders at AEP's annual meeting that the utility is committed to the projects.

"Someone like AEP... needs to take that next step, so we can continue as a nation to enjoy that tremendous resource of coal," Michael G. Morris, chairman, president and chief executive, told shareholders at the meeting in Shreveport, La. The plants would capture many emissions from the burning of coal and could be retrofitted to capture carbon dioxide, which is linked to global warming.

Morris also stressed the importance of AEP's projects in Arkansas and Oklahoma to use more efficient oal-pulverizing technology that would generate more electricity and cut emissions. AEP has asked regulators in each state for permission to charge customers for the plants. Ohio officials approved the Meigs County site, but a decision on paying for the $1.3 billion operation has not been made.

Last year, state regulators approved AEP's request to charge customers to study the Meigs County site, but the Ohio Consumers' Counsel and the Industrial Energy Users-Ohio challenged the decision in court.

When it appeared that the project would cost more than expected, the utility told state officials it needed more time to find ways to cut costs. The West Virginia project was delayed for the same reason. AEP is the nation's largest consumer of coal, which provides about two-thirds of the electricity used by the utility's 5.1 million customers from Virginia to Texas. Morris also mentioned work at two existing plants that would remove carbon dioxide from missions after coal is burned.

Such projects are important because of changing winds in Washington. A U.S. Supreme Court decision this month could force AEP and other utilities to pay large penalties for modifying older coal plants without first installing air-pollution equipment.

There also is talk of new federal rules that could cap carbon dioxide e issions. Carbon legislation could pose challenges, even though AEP is doing the right thing with its new coal projects, said Robert Burns, a researcher at the National Regulatory Research Institute at Ohio State University. "It will not be business as usual, but they're already changing strategy in anticipation of the legislation," he said.

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Two new BC generating stations officially commissioned

BC Hydro Site C and Clean Energy Policy shapes B.C.'s power mix, affecting run-of-river hydro, net metering for rooftop solar, independent power producers, and surplus capacity forecasts tied to LNG Canada demand.

 

Key Points

BC Hydro's strategy centers on Site C, limiting new run-of-river projects and tightening net metering amid surplus power

✅ Site C adds long-term capacity with lower projected rates.

✅ Run-of-river IPP growth paused amid surplus forecasts.

✅ Net metering limits deter oversized rooftop solar.

 

Innergex Renewable Energy Inc. is celebrating the official commissioning today of what may be the last large run-of-river hydro project in B.C. for years to come.

The project – two new generating stations on the Upper Lillooet River and Boulder Creek in the Pemberton Valley – actually began producing power in 2017, but the official commissioning was delayed until Friday September 14.

Innergex, which earlier this year bought out Vancouver’s Alterra Power, invested $491 million in the two run-of-river hydro-electric projects, which have a generating capacity of 106 megawatts of power. The project has the generating capacity to power 39,000 homes.

The commissioning happened to coincide with an address by BC Hydro CEO Chris O’Riley to the Greater Vancouver Board of Trade Friday, in which he provided an update on the progress of the $10.7-billion Site C dam project.

That project has put an end, for the foreseeable future, of any major new run-of-river projects like the Innergex project in Pemberton.

BC Hydro expects the new dam to produce a surplus of power when it is commissioned in November 2024, so no new clean energy power calls are expected for years to come.

Independent power producers aren’t the only ones who have seen a decline in opportunities to make money in B.C. providing renewable power, as the Siwash Creek project shows. So will homeowners who over-build their own solar power systems, in an attempt to make money from power sales.

There are about 1,300 homeowners in B.C. with rooftop solar systems, and when they produce surplus power, they can sell it to BC Hydro.

BC Hydro is amending the net metering program to discourage homeowners from over-building. In some cases, some howeowners have been generating 40% to 50% more power than they need.

“We were getting installations that were massively over-sized for their load, and selling this big quantity of power to us,” O’Riley said. “And that was never the idea of the program.”

Going forward, BC Hydro plans to place limits on how much power a homeowner can sell to BC Hydro.

BC Hydro has been criticized for building Site C when the demand for power has been generally flat, and reliance on out-of-province electricity has drawn scrutiny. But O’Riley said the dam isn’t being built for today’s generation, but the next.

“We’re not building Site C for today,” he said. “We have an energy surplus for the short term. We’re not even building it for 2024. We’re building it for the next 100 years.”

O’Riley acknowledged Site C dam has been a contentious and “extremely challenging” project. It has faced numerous court challenges, a late-stage review by the BC Utilities Commission, cost overruns, geotechnical problems and a dispute with the main contractors.

In a separate case, the province was ordered to pay $10 million over the denial of a Squamish power project, highlighting broader legal risk.

But those issues have been resolved, O’Riley said, and the project is back on track with a new construction schedule.

“As we move forward, we have a responsibility to deliver a project on time and against the new revised budget, and I’m confident the changes we’ve made are set up to do that,” O’Riley said.

Currently, there are about 3,300 workers employed on the dam project.

Despite criticisms that BC Hydro is investing in a legacy mega-project at a time when cost of wind and solar have been falling, O’Riley insisted that Site C was the best and lowest cost option.

“First, it’s the lowest cost option,” he said. “We expect over the first 20 years of Site C’s operating life, our customers will see rates 7% to 10% below what it would otherwise be using the alternatives.”

BC Hydro missed a critical window to divert the Peace River, something that can only be done in September, during lower river flows. That added a full year’s delay to the project.

O’Riley said BC Hydro had built in a one-year contingency into the project, so he expects the project can still be completed by 2024 – the original in-service target date. But the delay will add more than $2 billion to the last budget estimate, boosting the estimated capital cost from $8.3 billion to $10.7 billion.

Meeting the 2024 in-service target date could be important, if Royal Dutch Shell and its consortium partners make a final investment decision this year on the $40 billion LNG Canada project.

That project also has a completion target date of 2024, and would be a major new industrial customer with a substantial power draw for operations.

“If they make a decision to go forward, they will be a very big customer of BC Hydro,” O’Riley told Business in Vancouver. “They would be in our top three or four biggest customers.”

 

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Opinion: UK Natural Gas, Rising Prices and Electricity

European Energy Market Crisis drives record natural gas and electricity prices across the EU, as LNG supply constraints, Russian pipeline dependence, marginal pricing, and renewables integration expose volatility in liberalised power markets.

 

Key Points

A 2021 surge in European gas and electricity prices from supply strains, demand rebounds, and marginal pricing exposure.

✅ Record TTF gas and day-ahead power prices across Europe

✅ LNG constraints and Russian pipeline dependence tightened supply

✅ Debate over marginal pricing vs regulated models intensifies

 

By Ronan Bolton

The year 2021 was a turbulent one for energy markets across Europe, as Europe's energy nightmare deepened across the region. Skyrocketing natural gas prices have created a sense of crisis and will lead to cost-of-living problems for many households, as wholesale costs feed through into retail prices for gas and electricity over the coming months.

This has created immediate challenges for governments, but it should also encourage us to rethink the fundamental design of our energy markets as we seek to transition to net zero, with many viewing it as a wake-up call to ditch fossil fuels across the bloc.

This energy crisis was driven by a combination of factors: the relaxation of Covid-19 lockdowns across Europe created a surge in demand, while cold weather early in the year diminished storage levels and contributed to increasing demand from Asian economies. A number of technical issues and supply-side constraints also combined to limit imports of liquefied natural gas (LNG) into the continent.

Europe’s reliance on pipeline imports from Russia has once again been called into question, as Gazprom has refused to ride to the rescue, only fulfilling its pre-existing contracts. The combination of these, and other, factors resulted in record prices – the European benchmark price (the Dutch TTF Gas Futures Contract) reached almost €180/MWh on 21 December, with average day-ahead electricity prices exceeding €300/MWh across much of the continent in the following days.

Countries which rely heavily on natural gas as a source of electricity generation have been particularly exposed, with governments quickly put under pressure to intervene in the market.

In Spain the government and large energy companies have clashed over a proposed windfall tax on power producers. In Ireland, where wind and gas meet much of the country’s surging electricity demand, the government is proposing a €100 rebate for all domestic energy consumers in early 2022; while the UK government is currently negotiating a sector-wide bailout of the energy supply sector and considering ending the gas-electricity price link to curb bills.

This follows the collapse of a number of suppliers who had based their business models on attracting customers with low prices by buying cheap on the spot market. The rising wholesale prices, combined with the retail price cap previously introduced by the Theresa May government, led to their collapse.

While individual governments have little control over prices in an increasingly globalised and interconnected natural gas market, they can exert influence over electricity prices as these markets remain largely national and strongly influenced by domestic policy and regulation. Arising from this, the intersection of gas and power markets has become a key site of contestation and comment about the role of government in mitigating the impacts on consumers of rising fuel bills, even as several EU states oppose major reforms amid the price spike.

Given that renewables are constituting an ever-greater share of production capacity, many are now questioning why gas prices play such a determining role in electricity markets.

As I outline in my forthcoming book, Making Energy Markets, a particular feature of the ‘European model’ of liberalised electricity trade since the 1990s has been a reliance on spot markets to improve the efficiency of electricity systems. The idea was that high marginal prices – often set by expensive-to-run gas peaking plants – would signal when capacity limits are reached, providing clear incentives to consumers to reduce or delay demand at these peak periods.

This, in theory, would lead to an overall more efficient system, and in the long run, if average prices exceeded the costs of entering the market, new investments would be made, thus pushing the more expensive and inefficient plants off the system.

The free-market model became established during a more stable era when domestically-sourced coal, along with gas purchased on long-term contracts from European sources (the North Sea and the Netherlands), constituted a much greater proportion of electricity generation.

While prices fluctuated, they were within a somewhat predictable range, and provided a stable benchmark for the long-term contracts underpinning investment decisions. This is no longer the case as energy markets become increasingly volatile and disrupted during the energy transition.

The idea that free price formation in a competitive market, with governments standing back, would benefit electricity consumers and lead to more efficient systems was rooted in sound economic theory, and is the basis on which other major commodity markets, such as metals and agricultural crops, have been organised for decades.

The free-market model applied to electricity had clear limitations, however, as the majority of domestic consumers have not been exposed directly to real-time price signals. While this is changing with the roll-out of smart meters in many countries, the extent to which the average consumer will be willing or able to reduce demand in a predicable way during peak periods remains uncertain.

Also, experience shows that governments often come under pressure to intervene in markets if prices rise sharply during periods of scarcity, thus undermining a basic tenet of the market model, with EU gas price cap strategies floated as one option.

Given that gas continues to play a crucial role in balancing supply and demand for electricity, the options available to governments are limited, illustrating why rolling back electricity prices is harder than it appears for policymakers. One approach would be would be to keep faith with the liberalised market model, with limited interventions to help consumers in the short term, while ultimately relying on innovations in demand side technologies and alternatives to gas as a means of balancing systems with high shares of variable renewables.

An alternative scenario may see a return to old style national pricing policies, involving a move away from marginal pricing and spot markets, even as the EU prepares to revamp its electricity market in response. In the past, in particular during the post-WWII decades, and until markets were liberalised in the 1990s, governments have taken such an approach, centrally determining prices based on the costs of delivering long term system plans. The operation of gas plants and fuel procurement would become a much more regulated activity under such a model.

Many argue that this ‘traditional model’ better suits a world in which governments have committed to long-term decarbonisation targets, and zero marginal cost sources, such as wind and solar, play a more dominant role in markets and begin to push down prices.

A crucial question for energy policy makers is how to exploit this deflationary effect of renewables and pass-on cost savings to consumers, whilst ensuring that the lights stay on.

Despite the promise of storage technologies such as grid-scale batteries and hydrogen produced from electrolysis, aside from highly polluting coal, no alternative to internationally sourced natural gas as a means of balancing electricity systems and ensuring our energy security is immediately available.

This fact, above all else, will constrain the ambitions of governments to fundamentally transform energy markets.

Ronan Bolton is Reader at the School of Social and Political Science, University of Edinburgh and Co-Director of the UK Energy Research Centre. His book Making Energy Markets: The Origins of Electricity Liberalisation in Europe is to be published by Palgrave Macmillan in 2022.

 

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Canadian nuclear projects bring economic benefits

Ontario Nuclear Refurbishment Economic Impact powers growth as Bruce Power's MCR and OPG's Darlington unit 2 refurbishment drive jobs, supply-chain spending, medical isotopes, clean baseload power, and lower GHG emissions across Ontario and Canada.

 

Key Points

It is the measured gains from Bruce Power's MCR and OPG's Darlington refurbishment in jobs, taxes, and clean energy.

✅ CAD7.6B-10.6B impact in Ontario; CAD8.1B-11.6B nationwide.

✅ Supports 60% nuclear supply, jobs, and medical isotopes.

✅ MCR and Darlington cut GHGs, drive innovation and supply chains.

 

The 13-year Major Component Replacement (MCR) project being undertaken as part of Bruce Power's life-extension programme, which officially began with a reactor taken offline earlier this year, will inject billions of dollars into Ontario's economy, a new report has found. Meanwhile, the major project to refurbish Darlington unit 2 remains on track for completion in 2020, Ontario Power Generation (OPG) has announced.

The Ontario Chamber of Commerce (OCC) said its report, Major Component Replacement Project Economic Impact Analysis, outlines an impartial assessment of the MCR programme and related manufacturing contracts across the supply chain. The report was commissioned by Bruce Power.

"Our analysis shows that Bruce Power's MCR project is a fundamental contributor to the Ontario economy. More broadly, the life-extension of the Bruce Power facility will provide quality jobs for Ontarians, produce a stable supply of medical isotopes for the world's healthcare system, and deliver economic benefit through direct and indirect spending," OCC President and CEO Rocco Rossi said."As Ontario's energy demand grows, nuclear truly is the best option to meet those demands with reduced GHG [greenhouse gas] emissions. The Bruce Power MCR Project will not only drive economic growth in the region, it will position Ontario as a global leader in nuclear innovation and expertise."

According to the OCC's economic analysis, the MCR's economic impact on Ontario is estimated to be between CAD7.6 billion (USD5.6 billion) and CAD10.6 billion. Nationally, its economic impact is estimated to be between CAD8.1 billion and CAD11.6 billion. It estimates that the federal government will receive CAD144 million in excise tax and CAD1.2 billion in income tax, while the provincial government will receive CAD300 million and CAD437 million. Ontario’s municipal governments are estimated to receive a collective CAD192 million in tax.

The nuclear industry currently provides 60% of Ontario’s daily energy supply needs, with Pickering life extension plans bolstering system reliability, and is made up of over 200 companies and more than 60,000 jobs across a diversity of sectors such as operations, manufacturing, skilled trades, healthcare, and research and innovation, the report notes.

Greg Rickford, Ontario's minister of Energy, Northern Development and Mines, and minister of Indigenous Affairs, said continued use of the Bruce generating station which recently set an operating record would create jobs and advance Ontario’s nuclear industrial sector. "It is great to see projects like the MCR that help make Ontario the best place to invest, do business and find a job," he said.

The MCR is part of Bruce Power's overall life-extension programme, which started in January 2016. Bruce 6 will be the first of the six Candu units to undergo an MCR which will take 46 months to complete and give the unit a further 30-35 years of operational life. The total cost of refurbishing Bruce units 3-8 is estimated at about CAD8 billion, in addition to CAD5 billion on other activities under the life-extension programme, which is scheduled for completion by 2053.

 

Darlington milestones

OPG's long-term refurbishment programme at Darlington, alongside SMR plans for the site announced by the province, began with unit 2 in 2016 after years of detailed planning and preparation. Reassembly of the reactor, which was disassembled last year, is scheduled for completion this spring, and the unit 2 refurbishment project remains on track for completion in early 2020. At the same time, final preparations are under way for the start of the refurbishment of unit 3.

"We've entered a critical phase on the project," Senior Vice President of Nuclear Refurbishment Mike Allen said. "OPG and our project partners continue to work as an integrated team to meet our commitments on Unit 2 and our other three reactors at Darlington Nuclear Generating Station."

A 350-tonne generator stator manufactured by GE in Poland is currently in transit to Canada, where it will be installed in Darlington 3's turbine hall as the province also breaks ground on its first SMR this year.

The 10-year Darlington refurbishment is due to be completed in 2026, while the province plans to refurbish Pickering B to extend output beyond that date.

 

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Tariffs on Chinese Electric Vehicles

Canada EV Tariffs weigh protectionism, import duties, and trade policy against affordable electric vehicles, climate goals, and consumer costs, balancing domestic manufacturing, critical minerals, battery supply chains, and China relations amid US-EU actions.

 

Key Points

Canada EV Tariffs are proposed duties on Chinese EV imports to protect jobs vs. prices, climate goals, and trade risks.

✅ Shield domestic automakers; counter subsidies

✅ Raise EV prices; slow adoption, climate targets

✅ Spark China retaliation; hit exports, supply chains

 

Canada, a rising star in critical EV battery minerals, finds itself at a crossroads. The question: should they follow the US and EU and impose tariffs on Chinese electric vehicles (EVs), after the U.S. 100% tariff on Chinese EVs set a precedent?

The Allure of Protectionism

Proponents see tariffs as a shield for Canada's auto industry, supported by recent EV assembly deals that put Canada in the race, a vital job creator. They argue that cheaper Chinese EVs, potentially boosted by government subsidies, threaten Canadian manufacturers. Tariffs, they believe, would level the playing field.

Consumer Concerns and Environmental Impact

Opponents fear tariffs will translate to higher prices, deterring Canadians from buying EVs, especially amid EV shortages and wait times already affecting the market. This could slow down Canada's transition to cleaner transportation, crucial for meeting climate goals. A slower EV adoption could also impact Canada's potential as an EV leader.

The Looming Trade War Shadow

Tariffs risk escalating tensions with China, Canada's second-largest trading partner. China might retaliate with tariffs on Canadian exports, jeopardizing sectors like oil and lumber. This could harm the Canadian economy and disrupt critical mineral and battery development, areas where Canada is strategically positioned, even as opportunities to capitalize on the U.S. EV pivot continue to emerge across North America.

Navigating a Charged Path

The Canadian government faces a complex decision. Protecting domestic jobs is important, but so is keeping EVs affordable for a greener future and advancing EV sales regulations that shape the market. Canada must carefully consider the potential benefits of tariffs against the risks of higher consumer costs and a potential trade war.

This path forward could involve exploring alternative solutions. Canada could invest in its domestic EV industry, providing incentives for both consumers and manufacturers. Additionally, collaborating with other countries, including Canada-U.S. collaboration as companies turn to EVs, to address China's alleged unfair trade practices might be a more strategic approach.

Canada's decision on EV tariffs will have far-reaching consequences. Striking a balance between protecting its domestic industry and fostering a robust, environmentally friendly transportation sector, and meeting ambitious EV goals set by policymakers, is crucial. Only time will tell which path Canada chooses, but the stakes are high, impacting not just jobs, but also the environment and Canada's position in the global EV race.

 

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Northvolt Affirms Continuation of EV Battery Plant Project Near Montreal

Northvolt Montreal EV Battery Plant advances as a Quebec clean energy hub, leveraging hydroelectric power to supply EV batteries, strengthen North American supply chains, and support automakers' electrification with sustainable manufacturing and regional distribution.

 

Key Points

A Quebec-based EV battery facility using hydroelectric power to scale sustainable production for North America.

✅ Powered by Quebec hydro for lower-carbon cell manufacturing

✅ Strengthens North American EV supply chain resilience

✅ Creates local jobs, R&D, and advanced manufacturing skills

 

Northvolt, a prominent player in the electric vehicle (EV) battery industry, has reaffirmed its commitment to proceed with its battery plant project near Montreal as originally planned. This development marks a significant step forward in Northvolt's expansion strategy and signals confidence in Canada's role in the global EV market.

The decision to move forward with the EV battery plant project near Montreal underscores Northvolt's strategic vision to establish a strong foothold in North America's burgeoning electric vehicle sector. The plant is poised to play a crucial role in meeting the growing demand for sustainable battery solutions as automakers accelerate their transition towards electrification.

Located strategically in Quebec, a province known for its abundant hydroelectric power and supportive government policies towards clean energy initiatives, including major Canada-Quebec investments in battery assembly, the battery plant project aligns with Canada's commitment to promoting green technology and reducing carbon emissions. By leveraging Quebec's renewable energy resources, Northvolt aims to produce batteries with a lower carbon footprint compared to traditional manufacturing processes.

The EV battery plant is expected to contribute significantly to the local economy by creating jobs, stimulating economic growth, and fostering technological innovation in the region, much as a Niagara Region battery plant is catalyzing development in Ontario. As Northvolt progresses with its plans, collaboration with local stakeholders, including government agencies, educational institutions, and industry partners, will be pivotal in ensuring the project's success and maximizing its positive impact on the community.

Northvolt's decision to advance the battery plant project near Montreal also reflects broader trends in the global battery manufacturing landscape. With increasing emphasis on sustainability and supply chain resilience, companies like Northvolt are investing in diversified production capabilities, including projects such as a $1B B.C. battery plant, to meet regional market demands and reduce dependency on overseas suppliers.

Moreover, the EV battery plant project near Montreal represents a milestone in Canada's efforts to strengthen its position in the global electric vehicle supply chain, with EV assembly deals helping put the country in the race. By attracting investments from leading companies like Northvolt, Canada aims to build a robust ecosystem for electric vehicle manufacturing and innovation, driving economic competitiveness and environmental stewardship.

The plant's proximity to key markets in North America further enhances its strategic value, enabling efficient distribution of batteries to automotive manufacturers across the continent. This geographical advantage positions Northvolt to capitalize on the growing demand for electric vehicles in Canada, the United States, and beyond, supporting Canada-U.S. collaboration on supply chains and market growth.

Looking ahead, Northvolt's commitment to advancing the EV battery plant project near Montreal underscores its long-term vision and dedication to sustainable development. As the global electric vehicle market continues to evolve, alongside the U.S. auto sector's pivot to EVs, investments in battery manufacturing infrastructure will play a critical role in shaping the industry's future landscape and accelerating the adoption of clean transportation technologies.

In conclusion, Northvolt's affirmation to proceed with the EV battery plant project near Montreal represents a significant milestone in Canada's transition towards sustainable mobility solutions. By harnessing Quebec's renewable energy resources and fostering local partnerships, Northvolt aims to establish a state-of-the-art manufacturing facility that not only supports the growth of the electric vehicle sector but also contributes to Canada's leadership in clean technology innovation, bolstered by initiatives like Nova Scotia vehicle-to-grid pilots that strengthen grid readiness nationwide. As the project moves forward, its impact on economic growth, job creation, and environmental sustainability is expected to resonate positively both locally and globally.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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