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Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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Central Asia power shortages strain grids across Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan, driven by drought-hit hydropower, aging coal and gas plants, rising demand, cryptomining loads, and winter peak consumption risks.

Key Points

Regionwide blackouts from drought, aging plants and grids, rising demand, and winter peaks stressing Central Asia.

✅ Drought slashes hydropower in Kyrgyzstan, Tajikistan, Uzbekistan

✅ Aging coal and gas TPPs and weak grids cause frequent outages

✅ Cryptomining loads and winter heating spike demand and stress supply

Central Asians from western Kazakhstan to southern Tajikistan are suffering from power and energy shortages that have caused hardship and emergency situations affecting the lives of millions of people.

On October 14, several units at three power plants in northeastern Kazakhstan were shut down in an emergency that resulted in a loss of more than 1,000 megawatts (MW) of electricity.

It serves as an example of the kind of power failures that plague the region 30 years after the Central Asian countries gained independence and despite hundreds of millions of dollars being invested in energy infrastructure and power grids, and echo risks seen in other advanced markets such as Japan's near-blackouts during recent cold snaps.

Some of the reasons for these problems are clear, but with all the money these countries have allocated to their energy sectors and financial help they have received from international financial institutions, it is curious the situation is already so desperate with winter officially still weeks away.

The Current Problems
Three power plants were affected in the October 14 shutdowns of units: Ekibastuz-1, Ekibastuz-2, and the Aksu power plant.

Ekibastuz-1 is the largest power plant in Kazakhstan, capable of generating some 4,000 MW, roughly 13 percent of Kazakhstan’s total power output.

The Kazakhstan Electricity Grid Operating Company (KEGOC) explained the problems resulted partially from malfunctions and repair work, but also from overuse of the system that the government would later say was due to cryptominers, a large number of whom have moved to Kazakhstan recently from China after Beijing banned the mining needed by Bitcoin and other cryptocurrencies, amid its own China's power cuts across several provinces in 2021.

But between November 8 and 9, rolling blackouts were reported in the East Kazakhstan, North Kazakhstan, and Kyzylorda provinces, as well as the area around Almaty, Kazakhstan’s biggest city, and Shymkent, its third largest city.

People in Uzbekistan say they, too, are facing blackouts that the Energy Ministry described as “short-term outages,” even as authorities have looked to export electricity to Afghanistan to support regional demand, though it has been clear for several weeks that the country will have problems with natural gas supplies this winter.

Power lines in Uzbekistan
Kyrgyz President Sadyr Japarov continues to say there won't be any power rationing in Kyrgyzstan this winter, but at the end of September the National Energy Holding Company ordered “restrictions on the lighting of secondary streets, advertisements, and facades of shops, cafes, and other nonresidential customers.”

Many parts of Tajikistan are already experiencing intermittent supplies of electricity.

Even in Turkmenistan, a country with the fourth-largest reserves of natural gas in the world, there were reports of problems with electricity and heating in the capital, Ashgabat.

What Is Going On?
The causes of some of these problems are easy to see.

The population of the region has grown significantly, with the population of Central Asia when the Soviet Union collapsed in late 1991 being some 50 million and today about 75 million.

Kyrgyzstan and Tajikistan are mountainous countries that have long been touted for their hydropower potential and some 90 percent of Kyrgyzstan’s domestically produced electricity and 98 percent of Tajikistan’s come from hydropower.

But a severe drought that struck Central Asia this year has resulted in less hydropower and, in general, less energy for the region, similar to constraints seen in Europe's reduced hydro and nuclear output this year.

Tajik authorities have not reported how low the water in the country’s key reservoirs is, but Kyrgyzstan has reported the water level in the reservoir at its Toktogul hydropower plant (HPP) is 11.8 billion cubic meters (bcm), the lowest level in years and far less than the 14.7 bcm of water it had in November 2020.

The Toktogul HPP, with an installed capacity of 1,200 MW, provides some 40 percent of the country's domestically produced electricity, but operating the HPP this winter to generate desperately needed energy brings the risk of leaving water levels at the reservoir critically low next spring and summer when the water is also needed for agricultural purposes.

This year’s drought is something Kyrgyzstan and Tajikistan will have to take into consideration as they plan how to provide power for their growing populations in the future. Hydropower is a desirable option but may be less reliable with the onset of climate change, prompting interest in alternatives such as Ukraine's wind power to diversify generation.

Uzbekistan is also feeling the effects of this year’s drought, and, like the South Caucasus where Georgia's electricity imports have increased, supply shortfalls are testing grids.

According to the International Energy Agency, HPPs account for some 12 percent of Uzbekistan’s generating capacity.

Uzbekistan’s Energy Ministry attributed low water levels at HPPs that have caused a 23 percent decrease in hydropower generation this year.

A reservoir in Kyrgyzstan
Kazakhstan and Uzbekistan are the most populous Central Asian countries, and both depend on thermal power plants (TPP) for generating most of their electricity.

Most of the TPPs in Kazakhstan are coal-fired, while most of the TPPs in Uzbekistan are gas-fired.

Kazakhstan has 68 power plants, 80 percent of which are coal-fired TPPs, and most are in the northern part of the country where the largest deposits of coal are located. Kazakhstan has the world's 10th largest reserves of coal.

About 88 percent of Uzbekistan’s electricity comes from TTPs, most of which use natural gas.

Uzbekistan’s proven reserves are some 800 billion cubic meters, but gas production in Uzbekistan has been decreasing.

In December 2020, Uzbek President Shavkat Mirziyoev ordered a halt to the country’s gas exports and instructed that gas to be redirected for domestic use. Mirziyoev has already given similar instructions for this coming winter.

How Did It Come To This?
The biggest problem with the energy infrastructure in Central Asia is that it is generally very old. Nearly all of its power plants date back to the Soviet era -- and some well back into the Soviet period.

The use of power plants and transmission lines that some describe as “obsolete” and a few call “decrepit” has unfortunately been a necessity in Central Asia, even as regional players pursue new interconnections like Iran's plan to transmit electricity to Europe as a power hub.

Reporting on Kazakhstan in September 2016, the Asian Development Bank (ADB) said, “70 percent of the power generation infrastructure is in need of rehabilitation.”

The Ekibastuz-1 TPP is relatively new by the power-plant standards of Central Asia. The first unit of the eight units of the TPP was commissioned in 1980.

The first unit at the AKSU TPP was commissioned in 1968, and the first unit of the gas- and fuel-fired TPP in southern Kazakhstan’s Zhambyl Province was commissioned in 1967.

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Rolls-Royce SMR UK Approval underscores nuclear innovation as regulators review a 470 MW factory-built modular reactor, aiming for grid power by 2029 to boost energy security, cut fossil fuels, and accelerate decarbonization.

Key Points

UK regulatory clearance for Rolls-Royce's 470 MW modular reactor, targeting grid power by 2029 to support clean energy.

✅ UK design approval expected by mid 2024

✅ First 470 MW unit aims for grid power by 2029

✅ Modular, factory-built; est. £1.8b per 10-acre site

A Rolls-Royce (RR.L) design for a small modular nuclear reactor (SMR) will likely receive UK regulatory approval by mid-2024, reflecting progress seen in the US NRC safety evaluation for NuScale as a regulatory benchmark, and be able to produce grid power by 2029, Paul Stein, chairman of Rolls-Royce Small Modular Reactors.

The British government asked its nuclear regulator to start the approval process in March, in line with the UK's green industrial revolution agenda, having backed Rolls-Royce’s $546 million funding round in November to develop the country’s first SMR reactor.

Policymakers hope SMRs will help cut dependence on fossil fuels and lower carbon emissions, as projects like Ontario's first SMR move ahead in Canada, showing momentum.

Speaking to Reuters in an interview conducted virtually, Stein said the regulatory “process has been kicked off, amid broader moves such as a Canadian SMR initiative to coordinate development, and will likely be complete in the middle of 2024.

“We are trying to work with the UK Government, and others to get going now placing orders, echoing expansions like Darlington SMR plans in Ontario, so we can get power on grid by 2029.”

In the meantime, Rolls-Royce will start manufacturing parts of the design that are most unlikely to change, while advancing partnerships like a MoU with Exelon to support deployment, Stein added.

Each 470 megawatt (MW) SMR unit costs 1.8 billion pounds ($2.34 billion) and would be built on a 10-acre site, the size of around 10 football fields, though projects in New Brunswick SMR debate have prompted questions about costs and timelines.

Unlike traditional reactors, SMRs are cheaper and quicker to build and can also be deployed on ships and aircraft. Their “modular” format means they can be shipped by container from the factory and installed relatively quickly on any proposed site.

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Asia Electricity Consumption 2025 highlights an IEA forecast of surging global power demand led by China, lagging access in Africa, rising renewables and nuclear output, stable emissions, and weather-dependent grids needing flexibility and electrification.

Key Points

An IEA forecast that Asia will use half of global power by 2025, led by China, as renewables and nuclear drive supply.

✅ Asia to use half of global electricity; China leads growth

✅ Africa just 3% consumption despite rapid population growth

✅ Renewables, nuclear expand; grids must boost flexibility

Asia will for the first time use half of the world’s electricity by 2025, even as global power demand keeps rising and Africa continues to consume far less than its share of the global population, according to a new forecast released Wednesday by the International Energy Agency.

Much of Asia’s electricity use will be in China, a nation of 1.4 billion people whose China's electricity sector is seeing shifts as its share of global consumption will rise from a quarter in 2015 to a third by the middle of this decade, the Paris-based body said.

“China will be consuming more electricity than the European Union, United States and India combined,” said Keisuke Sadamori, the IEA’s director of energy markets and security.

By contrast, Africa — home to almost a fifth of world’s nearly 8 billion inhabitants — will account for just 3% of global electricity consumption in 2025.

“This and the rapidly growing population mean there is still a massive need for increased electrification in Africa,” said Sadamori.

The IEA’s annual report predicts that low-emissions sources will account for much of the growth in global electricity supply over the coming three years, including nuclear power and renewables such as wind and solar. This will prevent a significant rise in greenhouse gas emissions from the power sector, it said.

Scientists say sharp cuts in all sources of emissions are needed as soon as possible to keep average global temperatures from rising 1.5 degrees Celsius (2.7 Fahrenheit) above pre-industrial levels. That target, laid down in the 2015 Paris climate accord, appears increasingly doubtful as temperatures have already increased by more than 1.1 C since the reference period.

One hope for meeting the goal is a wholesale shift away from fossil fuels such as coal, gas and oil toward low-carbon sources of energy. But while some regions are reducing their use of coal and gas for electricity production, in others, soaring electricity and coal use are increasing, the IEA said.

The 134-page also report warned that surging electricity demand and supply are becoming increasingly weather dependent, a problem it urged policymakers to address.

“In addition to drought in Europe, there were heat waves in India (last year),” said Sadamori. “Similarly, central and eastern China were hit by heatwaves and drought. The United States, where electricity sales projections continue to fall, also saw severe winter storms in December, and all those events put massive strain on the power systems of these regions.”

“As the clean energy transition gathers pace, the impact of weather events on electricity demand will intensify due to the increased electrification of heating, while the share of weather-dependent renewables poised to eclipse coal will continue to grow in the generation mix,” the IEA said. “In such a world, increasing the flexibility of power systems while ensuring security of supply and resilience of networks will be crucial.”

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European Grid Frequency Clock Slowdown has made appliance clocks run minutes behind as AC frequency drifts on the 50 Hz electricity grid, driven by a Kosovo-Serbia billing dispute and ENTSO-E monitored supply-demand imbalance.

Key Points

An EU-wide timing error where 50 Hz AC deviations slow appliance clocks due to Kosovo-Serbia grid imbalances.

✅ Clocks drifted up to six minutes across interconnected Europe

✅ Cause: unpaid power in N. Kosovo, contested by Serbia

✅ ENTSO-E reported 50 Hz deviations from supply-demand mismatch

Over the past couple of months, Europeans have noticed time slipping away from them. It’s not just their imaginations: all across the continent, clocks built into home appliances like ovens, microwaves, and coffee makers have been running up to six minutes slow. The unlikely cause? A dispute between Kosovo and Serbia over who pays the electricity bill.

To make sense of all this, you need to know that the clocks in many household devices use the frequency of electricity to keep time. Electric power is delivered to our homes in the form of an alternating current, where the direction of the flow of electricity switches back and forth many times a second. (How this system came to be established is complex, but the advantage is that it allows electricity to be transmitted efficiently.) In Europe, this frequency is 50 Hertz — meaning a current alternating of 50 times a second. In America, it’s 60 Hz, and during peak summer demand utilities often prepare for blackouts as heat drives loads higher.

Since the 1930s, manufacturers have taken advantage of this feature to keep time. Each clock needs a metronome — something with a consistent rhythm that helps space out each second — and an alternating current provides one, saving the cost of extra components. Customers simply set the time on their oven or microwave once, and the frequency keeps it precise.

At least, that’s the theory. But because this timekeeping method is reliant on electrical frequency, when the frequency changes, so do the clocks. That is what has been happening in Europe.

The news was announced this week by ENTSO-E, the agency that oversees the single, huge electricity grid connecting 25 European countries and which recently synchronized with Ukraine to bolster regional resilience. It said that variations in the frequency of the AC caused by imbalances between supply and demand on the grid have been messing with the clocks. The imbalance is itself caused by a political argument between Serbia and Kosovo. “This is a very sensitive dispute that materializes in the energy issues,” Susanne Nies, a spokesperson for ENTSO-E, told The Verge.

Essentially, after Kosovo declared independence from Serbia in 2008, there were long negotiations over custody of utilities like telecoms and electricity infrastructure. As part of the ongoing agreements (Serbia still does not recognize Kosovo as a sovereign state), four Serb-majority districts in the north of Kosovo stopped paying for electricity. Kosovo initially covered this by charging the rest of the country more, but last December, it decided it had had enough and stopped paying. This led to an imbalance: the Kosovan districts were still using electricity, but no one was paying to put it on the grid.

This might sound weird, but it’s because electricity grids work on a system of supply and demand, where surging consumption has even triggered a Nordic grid blockade in response to constrained flows. As Stewart Larque of the UK’s National Grid explains, you want to keep the same amount of electricity going onto the grid from power stations as the amount being taken off by homes and businesses. “Think of it like driving a car up a hill at a constant speed,” Larque told The Verge. “You need to carefully balance acceleration with gravity.” (The UK itself has not been affected by these variations because it runs its own grid.)

“THEY ARE FREE-RIDING ON THE SYSTEM.”

This balancing act is hugely complex and requires constant monitoring of supply and demand and communication between electricity companies across Europe, and growing cyber risks have spurred a renewed focus on protecting the U.S. power grid among operators worldwide. The dispute between Kosovo and Serbia, though, has put this system out of whack, as the two governments have been refusing to acknowledge what the other is doing.

“The Serbians [in Kosovo] have, according to our sources, not been paying for their electricity. So they are free-riding on the system,” says Nies.

The dispute came to a temporary resolution on Tuesday, when the Kosovan government stepped up to the plate and agreed to pay a fee of €1 million for the electricity used by the Serb-majority municipalities. “It is a temporary decision but as such saves our network functionality,” said Kosovo’s prime minister Ramush Haradinaj. In the longer term, though, a new agreement will need to be reached.

There have been rumors that the increase in demand from northern Kosovo was caused by cryptocurrency miners moving into the area to take advantage of the free electricity. But according to ENTSO-E, this is not the case. “It is absolutely unrelated to cryptocurrency,” Nies told The Verge. “There’s a lot of speculation about this, and it’s absolutely unrelated.” Representatives of Serbia’s power operator, EMS, refused to answer questions on this.

For now, “Kosovo is in balance again,” says Nies. “They are producing enough [electricity] to supply the population. The next step is to take the system back to normal, which will take several weeks.” In other words, time will return to normal for Europeans — if they remember to change their clocks, even as the U.S. power grid sees more blackouts than other developed nations.

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UK Nuclear Free Electricity Incentive proposes community benefits near reactors, echoing France, supporting net zero goals, energy security, and streamlined planning, while addressing regulation and judicial review challenges for Sizewell C and future nuclear projects.

Key Points

A proposed policy to give free power to residents near reactors, supporting net zero and energy security.

✅ Free power for communities near nuclear plants

✅ Aligns with net zero and energy security goals

✅ Seeks streamlined planning and fewer approvals

UK Business Secretary Jacob Rees-Mogg has endorsed a French-style nuclear system that sees people living near nuclear power stations receive free electricity.

Speaking at an event organised by Policy Exchange think tank, Jacob Rees-Mogg said: “Nuclear power is just fundamental. There’s no way we can get to net zero emissions, or even have an intelligent electricity strategy and grid reform in the UK, without nuclear.”

Highlighting that this was his view and not a government policy announcement, he said: “We should copy the French. As I understand, if you live near a nuclear power station in France, you get free electricity and that’s great because then, I’ll have two in my garden if I get free electricity for my children as well.

“I think you want to recognise that things you do that are in the national interest, such as a state-owned generation company, must benefit those who make the sacrifice for the national interest.”

Earlier Mr Rees-Mogg stressed that he would like to see a simpler development consent process for new nuclear power plants to enable the next waves of reactors in the UK, amid concerns that Europe is losing nuclear power just when it really needs energy.

He said: “That’s a lot of regulation around that, as seen when nuclear plant plans collapsed in Wales and impacted the local economy. Did you know that Sizewell C will require 140 individual approvals from arms of the state, each one of which is potentially subject to judicial review.”

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