Wind turbine technicians in demand

By Kansas City Star


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Justin Copeland fought fires for a living, patched the injured as an emergency medical technician and refueled everything from airliners to bush planes in Alaska. Now he wants to settle down.

So he plans to clamber up tall, tall ladders several times a day to earn a paycheck turning wrenches at an altitude that could make an acrobat dizzy.

In times when it seems no jobs are out there, maybe the solution is to look up there. Copeland is among a corps of wind technicians in training — ambitious and daring men and women filling an exploding demand for workers who can tend to giant windmills — in a rare field that needs more workers.

"I support clean renewable energy," said the 37-year-old student at Cloud County Community College. "But if there's a job in it, that's the big thing."

With just enough training in mechanics, electronics and computer know-how, instructors say just about anyone with the perseverance — and arms beefy enough to climb 27 stories one rung after the next — can fashion themselves into a wind technician in one year.

From there, the possibilities seem to expand endlessly with the chance to get in early on an industry that's essentially government-mandated to grow, and grow fast.

Housed in a strip mall, the wind technician school is the only place in Kansas and one of the few in the region teaching the trade. Indeed, across the country the opportunities for learning the rather specialized work are spread thinly.

A freshly certified wind technician might expect to start at $18 or more an hour, with plenty of chances at steady overtime, and a reasonable hope to move into management within a few years and pull down six figures. Take that, English majors.

Although the United States surpassed Germany last year as the world's largest harvester of wind energy, wind turbines still account for less than 2 percent of the country's electricity. The Obama administration aims to push that to 20 percent by 2030.

Already, the industry can't make turbines fast enough — even though many otherwise-ready-to-go projects are stalled by America's frozen lending markets — to keep pace with state and federal requirements pressuring utilities to harvest more wind and other renewable sources for electricity.

In 2007, it put up 3,188 turbines. On average, one technician can keep 10 wind turbines pumping electricity into the grid. The industry says it needs to triple the rate at which it's been installing towers to meet the goals set by the Obama administration.

"Our installed capacity is growing at a pretty rapid rate," said Julie Clendenin, a spokeswoman for the American Wind Energy Association. "The training for the wind technicians needs to keep up."

And that means some of the 5 million green-collar jobs that President Barack Obama promises to create over the next 10 years. The wind energy industry estimates it will provide 500,000 of those jobs — a number inflated by projections of spin-off industries. Still, it will take 30,000 manufacturing workers to create the turbines, towers and blades that turn wind into watts. An additional 55,000 will pour the concrete, operate the cranes and turn the bolts needed to plant the sequoia-like towers.

Then comes work for the wind farm caretakers.

The job is not for the faint of heart or the frail of arm. A particularly fit technician can scramble from ground to turbine in perhaps five minutes and expect to feel biceps burning from the effort upon arrival.

What waits is a room the size of a small bus smelling heavily of grease and crammed with motors, gears, a generator and sundry electronics. A typical turbine contains 8,000 parts, and the largest can churn out 3 megawatts of electricity. That puts the technician at the center of some complicated machinery and working on high-voltage circuitry.

If the wind on the ground is moving gently at, say, 10 mph, it will blow harder up here, and the whole thing sways from side to side. It's akin to moving through ocean swells on a very large ship. All the while, the room shifts to the left or right to keep its nose pointed into the wind. Under stronger winds, technicians have been known to vomit.

Most days, a technician will perform maintenance or fixes that could keep him — the fledgling field is dominated by men — in the cramped fiberglass cabin for one hour or for several. It can be bone-chilling in winter or suffocating in summer.

And there are times when wind technicians must lift themselves through a ceiling hatch, hook their body harness to the roof and walk about to make sure the three blades — each longer than a blue whale — remain fastened tight.

"I really find it pretty exciting," said Lucas Chavey, who went from earning a bachelor's degree in physics to training for wind energy to teaching at Cloud County Community College. "But you definitely need to deal with heights."

One man was killed and another was badly hurt in August 2007 when a wind turbine tower near Wasco, Ore., snapped in half. But comprehensive statistics on the dangers are elusive in an industry so relatively small and new.

Students at the Concordia school seem more fascinated than intimidated by the prospect of working so high above the ground. Cloud County has so far turned out fewer than two dozen wind technicians, some of whom complete training in a one-year certification program and others who pursue a two-year associate's degree. But it expects to produce more than 100 graduates in the spring of 2010.

"I'm getting used to the phone ringing every other day asking how to get into the field," said Ruth Douglas Miller, Wind Applications Center director at Kansas State University. "And I can tell them it is very easy to get a job."

That's part of what's drawn self-employed Fairway electrician Walter Klammer to commute to classes three-plus hours away in Concordia. He likes the greenness of the technology and the appeal of an industry in its infancy. He toys with the dream of learning the business as a technician and maybe developing his own wind farm on land in Nebraska.

He's logged more than 300 skydives. But ask him about working atop a windmill, and his grin reveals a touch of anxiety.

"I might be scared at first, but I think I can get used to it," the 45-year-old said. "I guess we'll see."

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Operating record for Bruce Power as Covid-19 support Council announced

Bruce Power Life-Extension Programme advances Ontario nuclear capacity through CANDU Major Component Replacement, reliable operation milestones, supply chain retooling for COVID-19 recovery, PPE production, ventilator projects, and medical isotope supply security.

 

Key Points

A program to refurbish CANDU reactors, extend asset life, and mobilize Ontario nuclear supply chain and isotopes.

✅ Extends CANDU units via Major Component Replacement

✅ Supports COVID-19 recovery with PPE and ventilator projects

✅ Boosts Ontario energy reliability and medical isotopes

 

Canada’s Bruce Power said on 1 May that unit 1 at the Bruce nuclear power plant had set a record of 624 consecutive days of reliable operation – the longest since it was returned to service in 2012.

It exceeded Bruce 8’s run of 623 consecutive days between May 2016 and February 2018. Bruce 1, a Candu reactor, was put into service in 1977. It was shut down and mothballed by the former Ontario Hydro in 1997, and was refurbished and returned to service in 2012 by Bruce Power.

Bruce units 3 and 4 were restarted in 2003 and 2004. They are part of Bruce Power’s Life-Extension Programme, and future planning such as Bruce C project exploration continues across the fleet, with units 3 and 4 to undergo Major Component Replacement (MCR) Projects from 2023-28, adding about 30 years of life to the reactors.

The refurbishment of Bruce 6 has begun and will be followed by MCR Unit 3 which is scheduled to begin in 2023. Nuclear power accounts for more than 60% of Ontario’s supply, with Bruce Power providing more than 30%   of the province’s electricity.

Set up of Covid recovery council
On 30 April, Bruce Power announced the establishment of the Bruce Power Retooling and Economic Recovery Council to leverage the province’s nuclear supply chain to support Ontario’s fight against Covid-19 and to help aid economic recovery.

Bruce Power’s life extension programme is Canada’s second largest infrastructure project and largest private sector infrastructure programme. It is creating 22,000 direct and indirect jobs, delivering economic benefits that are expected to contribute $4 billion to Ontario’s GDP and $8-$11 billion to Canada’s gross domestic product (GDP), Bruce Power said.

“With 90% of the investment in manufactured goods and services coming from 480 companies in Ontario and other provinces, including recent manufacturing contracts with key suppliers, we can harness these capabilities in the fight against Covid-19, and help drive our economic recovery,” the company said.

“An innovative and dynamic nuclear supply chain is more important than ever in meeting this new challenge while successfully implementing our mission of providing clean, reliable, flexible, low-cost nuclear energy and a global supply of medical isotopes,” said Bruce Power president and CEO Mike Rencheck. “We are mobilising a great team with our extended supply chain, which spans the province, to assist in the fight against Covid-19 and to help drive our economic recovery in the future.”

Greg Rickford, the Minister of Energy, Mines, Northern Development, and Minister of Indigenous Affairs, said the launch of the council is consistent with Ontario’s focus to fight Covid-19 as a top priority and a look ahead to economic recovery, and initiatives like Pickering life extensions supporting long-term system reliability.

The creation of the Council was announced during a live event on Bruce Power's Facebook page, in which Rencheck was joined by Associate Minister of Energy Bill Walker and Rocco Rossi, the president and CEO of the Ontario Chamber of Commerce.

Walker reiterated the Government of Ontario’s commitment to nuclear power over the long term and to the life extension programme, including the Pickering B refurbishment as part of this strategy.

The Council, which will be formed for the duration of the pandemic and will include of all of Bruce Power’s Ontario-based suppliers, will focus on the continued retooling of the supply chain to meet front-line Covid-19 needs to contribute to the province’s economy recovery in the short, medium and long term.

New uses for nuclear medical applications will be explored, including isotopes for the sterilisation of medical equipment and long-term supply security.

The supply chain will be leveraged to support the health care sector through the rapid production of medical Personal Protection Equipment for front line-workers and large-scale PPE donations to communities as well as participation in pilot projects to make ventilators within the Bruce Power supply chain or help identify technology to better utilise existing ventilators;

“Buy Local” tools and approaches will be emphasised to ensure small businesses are utilised fully in communities where nuclear suppliers are located.

The production of hand sanitiser and other cleaning products will be facilitated for distribution to communities.

 

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Clean-energy generation powers economy, environment

Atlin Hydro and Transmission Project delivers First Nation-led clean energy via hydropower to the Yukon grid, replacing diesel, cutting emissions, and creating jobs, with a 69-kV line from Atlin, B.C., supplying about 35 GWh annually.

 

Key Points

A First Nation-led 8.5 MW hydropower and 69-kV line supplying clean energy to the Yukon, reducing diesel use.

✅ 8.5 MW capacity; ~35 GWh annually to Yukon grid

✅ 69-kV, 92 km line links Atlin to Jakes Corner

✅ Creates 176 construction jobs; cuts diesel and emissions

 

A First Nation-led clean-power generation project for British Columbia’s Northwest will provide a significant economic boost and good jobs for people in the area, as well as ongoing revenue from clean energy sold to the Yukon.

“This clean-energy project has the potential to be a win-win: creating opportunities for people, revenue for the community and cleaner air for everyone across the Northwest,” said Premier John Horgan. “That’s why our government is proud to be working in partnership with the Taku River Tlingit First Nation and other levels of government to make this promising project a reality. Together, we can build a stronger, cleaner future by producing more clean hydropower to replace fossil fuels – just as they have done here in Atlin.”

The Province is contributing $20 million toward a hydroelectric generation and transmission project being developed by the Taku River Tlingit First Nation (TRTFN) to replace diesel electricity generation in the Yukon, which is also supported by the Government of Yukon and the Government of Canada, and comes as BC Hydro demand fell during COVID-19 across the province.

“Renewable-energy projects are helping remote communities reduce the use of diesel for electricity generation, which reduces air pollution, improves environmental outcomes and creates local jobs,” said Bruce Ralston, Minister of Energy, Mines and Low Carbon Innovation. “This project will advance reconciliation with TRTFN, foster economic development in Atlin and support intergovernmental efforts to reduce greenhouse gas emissions.”

TRTFN is based in Atlin with territory in B.C., the Yukon, and Alaska. TRTFN is an active participant in clean-energy development and, since 2009, has successfully replaced diesel-generated electricity in Atlin with a 2.1-megawatt (MW) hydro facility amid oversight issues such as BC Hydro misled regulator elsewhere in the province today.

TRTFN owns the Tlingit Homeland Energy Limited Partnership (THELP), which promotes economic development through clean energy. THELP plans to expand its hydro portfolio by constructing the Atlin Hydro and Transmission Project and selling electricity to the Yukon via a new transmission line, in a landscape shaped by T&D rates decisions in jurisdictions like Ontario for cost recovery.

The Government of Yukon is requiring its Yukon Energy Corporation (YEC) to generate 97% of its electricity from renewable resources by 2030. This project provides an opportunity for the Yukon government to reduce reliance on diesel generators and to meet future load growth, at a time when Manitoba Hydro's debt pressures highlight utility cost challenges.

The new transmission line between Atlin and the Yukon grid will include a fibre-optic data cable to support facility operations, with surplus capacity that can be used to bring high-speed internet connectivity to Atlin residents for the first time.

“Opportunities like this hydroelectricity project led by the Taku River Tlingit First Nation is a great example of identifying and then supporting First Nations-led clean-energy opportunities that will support resilient communities and provide clean economic opportunities in the region for years to come. We all have a responsibility to invest in projects that benefit our shared climate goals while advancing economic reconciliation.” said George Heyman, Minister of Environment and Climate Change Strategy.

“Thank you to the Government of British Columbia for investing in this important project, which will further strengthen the connection between the Yukon and Atlin. This ambitious initiative will expand renewable energy capacity in the North in partnership with the Taku River Tlingit First Nation while reducing the Yukon’s emissions and ensuring energy remains affordable for Yukoners.“ said Sandy Silver, Premier of Yukon.

“The Atlin Hydro Project represents an important step toward meeting the Yukon’s growing electricity needs and the renewable energy targets in the Our Clean Future strategy. Our government is proud to contribute to the development of this project and we thank the Government of British Columbia and all partners for their contributions and commitment to renewable energy initiatives. This project demonstrates what can be accomplished when communities, First Nations and federal, provincial and territorial governments come together to plan for a greener economy and future.” said John Streicker, Minister Responsible for the Yukon Development Corporation. 

“Atlin has enjoyed clean and renewable energy since 2009 because of our hydroelectric project. Over its lifespan, Atlin’s hydro opportunity will prevent more than one million tonnes of greenhouse gases from being created to power the southern Yukon. We are looking forward to the continuation of this project. Our collective dream is to meet our environmental and economic goals for the region and our local community within the next 10 years. We are so grateful to all our partners involved for their financial support, as we continue onward in creating an energy efficient and sustainable North.” said Charmaine Thom, Taku River Tlingit First Nation spokesperson.

Quick Facts:

  • The 8.5-MW project is expected to provide an average of 35 gigawatt hours of energy annually to the Yukon. To accomplish this, TRTFN plans to leverage the existing water storage capability of Surprise Lake, add new infrastructure, and send power 92 km north to Jakes Corner, Yukon, along a new 69-kilovolt transmission line.
  • The project is expected to cost $253 - 308.5 million, the higher number reflecting recently estimated impacts of inflation and supply chain cost escalation, alongside sector accounting concerns such as deferred BC Hydro costs noted in recent reports.
  • The project is expected to have a positive impact on local and provincial economic development in the form of, even as governance debates like Manitoba Hydro board changes draw attention elsewhere:
  • 176 full-time positions during construction;
  • six to eight full-time positions in operations and maintenance over 40 years; and
  • increased business for B.C. contractors.
  • Territorial and federal funders have committed $151.1 million to support the project, most recently the $32.2 million committed in the 2022 federal bdget.

 

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Britain's energy security bill set to become law

UK Energy Security Bill drives private investment, diversifies from fossil fuels with hydrogen and offshore wind, strengthens an independent system operator, and extends the retail price cap to shield consumers from volatile gas markets.

 

Key Points

A UK plan to reform energy, cut fossil fuel reliance, boost hydrogen and wind, and extend the retail price cap.

✅ Targets £100bn private investment and 480,000 jobs by 2030.

✅ Creates an independent system operator for grid planning.

✅ Extends retail energy price cap; mitigates volatile gas costs.

 

The British government said that plans to bolster the country's energy security, diversify away from fossil fuels amid the Europe energy crisis and protect consumers from spiralling prices are set to become law.

Britain's energy security bill will be introduced to Parliament on Wednesday and includes 26 measures to reform the energy system, including ending the gas-electricity price link, and reduce its dependency on fossil fuels and exposure to volatile gas prices.

Global energy prices have skyrocketed this year, and UK natural gas and electricity have risen sharply, particularly after Russia's invasion of Ukraine which has led to many European countries trying to reduce reliance on Russian pipeline gas and seek cheaper alternatives.

The bill will help drive 100 billion pounds ($119 billion) of private sector investment by 2030 into industries to diversify Britain's energy supply, including hydrogen and offshore wind, which could help lower costs as a 16% decrease in bills in April is anticipated, and create around 480,000 jobs by the end of the decade, the government said.

"We’re going to slash red tape, get investment into the UK, and grab as much global market share as possible in new technologies to make this plan a reality," Business and Energy Secretary Kwasi Kwarteng, amid high winter energy costs, said in a statement.

The bill will establish a new independent system operator to coordinate and plan Britain's energy system, while MPs move to restrict prices for gas and electricity through oversight.

It will also enable the extension of a cap on retail energy prices beyond 2023, with the price cap cost under scrutiny, which limits the amount suppliers can charge for each unit of gas and electricity.

The bill will also enable the secretary of state to prevent potential disruptions to the downstream oil sector due to industrial action or malicious protests, the government added.

 

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Global push needed to ensure "clean, affordable and sustainable electricity" for all

SDG7 Energy Progress Report assesses global energy access, renewables, clean cooking, and efficiency, citing COVID-19 setbacks, financing needs, and UN-led action by IEA, IRENA, World Bank, and WHO to advance sustainable, reliable, affordable power.

 

Key Points

A joint study by IEA, IRENA, UN, World Bank, and WHO tracking energy access, renewables, efficiency, and financing gaps.

✅ Tracks disparities in electricity access amid COVID-19 setbacks

✅ Emphasizes renewables, clean cooking, and efficiency targets

✅ Calls for scaled public finance to unlock private investment

 

The seventh Sustainable Development Goal (SDG), SDG7, aims to ensure access to affordable, reliable, sustainable and modern energy for all.  

However, those nations which remain most off the grid, are set to enter 2030 without meeting this goal unless efforts are significantly scaled up, warns the new study entitled Tracking SDG 7: The Energy Progress Report, published by the International Energy Agency (IAE), International Renewable Energy Agency (IRENA), UN Department of Economic and Social Affairs (UN DESA), World Bank, and World Health Organization (WHO). 

“Moving towards scaling up clean and sustainable energy is key to protect human health and to promote healthier populations, particularly in remote and rural areas”, said Maria Neira, WHO Director of the Department of Environment, Climate Change and Health.  

COVID setbacks 
The report outlines significant but unequal progress on SDG7, noting that while more than one billion people globally gained access to electricity over the last decade, COVID’s financial impact so far, has made basic electricity services unaffordable for 30 million others, mostly in Africa, intensifying calls for funding for access to electricity across the region.  

“The Tracking SDG7 report shows that 90 per cent of the global population now has access to electricity, but disparities exacerbated by the pandemic, if left unaddressed, may keep the sustainable energy goal out of reach, jeopardizing other SDGs and the Paris Agreement’s objectives”, said Mari Pangestu, Managing Director of Development Policy and Partnerships at the World Bank. 

While the report also finds that the COVID-19 pandemic has reversed some progress, Stefan Schweinfest, DESA’s Director of the Statistics Division, pointed out that this has presented “opportunities to integrate SDG 7-related policies in recovery packages and thus to scale up sustainable development”. 

Modernizing renewables 
The publication examines ways to bridge gaps to reach SDG7, chief among them the scaling up of renewables, as outlined in the IRENA renewables report, which have proven more resilient than other parts of the energy sector during the COVID-19 crisis. 

While sub-Saharan Africa, facing a major electricity challenge, has the largest share of renewable sources in its energy supply, they are far from “clean” – 85 per cent use biomass, such as burning wood, crops and manure. 

“On a global path to achieving net-zero emissions by 2050, we can reach key sustainable energy targets by 2030, aligning with renewable ambition in NDCs as we expand renewables in all sectors and increase energy efficiency”, said IAE Executive Director, Fatih Birol.  

And although the private sector continues to source clean energy investments, the public sector remains a major financing source, central in leveraging private capital, particularly in developing countries, including efforts to put Africa on a path to universal electricity access, and in a post-COVID context. 

Amid the COVID-19 pandemic, which has dramatically increased investors’ risk perception and shifting priorities in developing countries, international financial flows in public investment terms, are more critical than ever to underpin a green energy recovery that can leverage the investment levels needed to reach SDG 7, according to the report.   

“Greater efforts to mobilize and scale up investment are essential to ensure that energy access progress continues in developing economies”, he added.  

Scaling up clean and sustainable energy is key to protect human health -- WHO's Maria Neira

Other key targets 
The report highlighted other crucial actions needed on clean cooking, energy efficiency and international financial flows. 

A healthy and green recovery from COVID-19 includes the importance of ensuring a quick transition to clean and sustainable energy”, said Dr. Neira. 

Feeding into autumn summit 
This seventh edition of the report formerly known as the Global Tracking Framework comes at a crucial time as Governments and others are gearing up for the UN High-level Dialogue on Energy in September 2021 aimed to examine what is needed to achieve SDG7 by 2030, including discussions on fossil fuel phase-out strategies, and mobilize voluntary commitments and actions through Energy Compacts.  

The report will inform the summit-level meeting on the current progress towards SDG 7, “four decades after the last high-level event dedicated to energy under the auspices of UN General Assembly”, said Mr. Schweinfest. 

 

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Biden Imposes Higher Tariffs on Chinese Electric Cars and Solar Cells

U.S. Tariffs on Chinese EVs and Solar Cells target trade imbalances, subsidies, and intellectual property risks, bolstering domestic manufacturing, supply chains, and national security across clean energy, automotive technology, and renewable markets.

 

Key Points

Policy measures raising duties on Chinese EVs and solar cells to protect U.S. industry, IP, and national security.

✅ Raises duties to counter subsidies and IP risks

✅ Supports domestic EV and solar manufacturing jobs

✅ May reshape supply chains, prices, and trade flows

 

In a significant move aimed at bolstering domestic industries and addressing trade imbalances, the Biden administration has announced higher tariffs on Chinese-made electric cars and solar cells. This decision marks a strategic shift in U.S. trade policy, with market observers noting EV tariffs alongside industrial and financial implications across sectors today.

Tariffs on Electric Cars

The imposition of tariffs on Chinese electric cars comes amidst growing competition in the global electric vehicle (EV) market. U.S. automakers and policymakers have raised concerns about unfair trade practices, subsidies, and market access barriers faced by American EV manufacturers in China amid escalating trade tensions with key partners. The tariffs aim to level the playing field and protect U.S. interests in the burgeoning electric vehicle sector.

Impact on Solar Cells

Similarly, higher tariffs on Chinese solar cells address concerns regarding intellectual property theft, subsidies, and market distortions in the solar energy industry, where tariff threats have influenced investment signals across North American markets.

The U.S. solar sector, a key player in renewable energy development, has called for measures to safeguard fair competition and promote domestic manufacturing of solar technologies.

Economic and Political Implications

The tariff hikes underscore broader economic tensions between the United States and China, spanning trade, technology, and geopolitical issues. While aimed at protecting American industries, these tariffs could lead to retaliatory measures from China and impact global supply chains, particularly in renewable energy and automotive sectors, as North American electricity exports at risk add to uncertainty across markets.

Industry and Market Responses

Industry stakeholders have responded with mixed reactions to the tariff announcements. U.S. automakers and solar manufacturers supportive of the tariffs argue they will help level the playing field and encourage domestic production. However, critics warn of potential energy price spikes for consumers, supply chain disruptions, and unintended consequences for global clean energy goals.

Strategic Considerations

The Biden administration's tariff policy reflects a broader strategy to promote economic resilience, innovation, and national security in critical industries, even as cross-border electricity exports become flashpoints in trade policy debates today.

Efforts to strengthen domestic supply chains, invest in renewable energy infrastructure, and foster international partnerships remain central to U.S. economic competitiveness and climate objectives.

Future Outlook

Looking ahead, navigating U.S.-China trade relations will continue to be a complex challenge for policymakers. Balancing economic interests, diplomatic engagements, and environmental priorities, alongside regional public support for tariffs, will shape future trade policy decisions affecting electric vehicles, renewable energy, and technology sectors globally.

Conclusion

The Biden administration's decision to impose higher tariffs on Chinese electric cars and solar cells represents a strategic response to economic and geopolitical dynamics reshaping global markets. While aimed at protecting American industries and promoting fair trade practices, the tariffs signal a commitment to fostering competitiveness, innovation, and sustainability in critical sectors of the economy. As these measures unfold, stakeholders will monitor their impact on industry dynamics, supply chain resilience, and international trade relations in the evolving landscape of global commerce.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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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