Dry winter may force Rio Tinto to buy more power

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

Related News

• Electricity Forum News

• Energy Policy News

European Power Crisis intensifies as record electricity prices, nuclear output cuts, gas supply strain, heatwave drought, and Rhine shipping bottlenecks hit Germany, France, and Switzerland, tightening winter storage and driving long-term contracts higher.

Key Points

A surge in European power prices from heatwaves, nuclear curbs, Rhine coal limits, and reduced Russian gas supply.

✅ Record year-ahead prices in Germany and France

✅ Nuclear output curbed by warm river cooling limits

✅ Rhine low water disrupts coal logistics and generation

Benchmark power prices in Europe hit fresh records Friday as utilities are increasingly reducing electricity output in western Europe because of the hot weather. 

Next-year contracts in Germany and France, Europe’s biggest economies rose to new highs after Switzerland’s Axpo Holding AG announced curbs at one of its nuclear plants. Electricite de France SA is also reducing nuclear output because of high river temperatures and cooling water restrictions, while Uniper SE in Germany is struggling to get enough coal up the river Rhine. 

Europe is suffering its worst energy crunch in decades, and losing nuclear power is compounding the strain as gas cuts made by Russia in retaliation for sanctions drive a surge in prices. The extreme heat led to the driest July on record in France and is underscoring the impact that a warming climate is having on vital infrastructure.

Water levels on Germany’s Rhine have fallen so low that the river may effectively close soon, impacting supplies of coal to the plants next to it. The Rhone and Garonne in France and the Aare in Switzerland are all too warm to be used to cool nuclear plants effectively, forcing operators to limit energy output under environmental constraints. 

Northwest European weather forecast for the next two weeks:
relates to European Power Hits Records as Plants Start to Buckle in Heat
  
The German year-ahead contract gained as much as 2% to 413 euros a megawatt-hour on the European Energy Exchange AG. The French equivalent rose 1.9% to a record 535 euros. Long-term prices are coming under pressure because producing less power from nuclear and coal will increase the demand for natural gas, which is badly needed to fill storage sites ahead of the winter.  

France to Curb Nuclear Output as Europe’s Energy Crisis Worsens
Uniper SE said on Thursday that two of its coal-fired stations along the Rhine may need to curb output during the next few weeks as transporting coal along the Rhine becomes impossible. 

Plants on the river near Mannheim and Karlsruhe, operated by Grosskraftwerk Mannheim AG and EnBW AG, have previously struggled to source coal because of the shallow water, even as German renewables deliver more electricity than coal and nuclear at times. Both companies said generation hasn’t been affected yet. 

“The low tide is not currently affecting our generation of energy because our plants do not have the need for continuous fresh water,” a Steag GmbH spokesman said on Friday. “But the low tide level can make running plants and transporting coal more complicated than usual.”

The spokesman said though that there is slight reduction in output of about 10 to 15 megawatts, which would equate to a few percent, because of the hot temperatures. “This has been happening over some time now and is a problem for everyone because the plant system is not designed to withstand such hot temperatures,” he said.

Related News

• Electricity Forum News

• Power Generation News

Scotland Wind Energy October saw renewables supply the equivalent of 98 percent of electricity demand, as onshore wind outpaced National Grid needs, cutting emissions and powering households, per WWF Scotland and WeatherEnergy.

Key Points

A monthly update showing Scottish onshore wind met the equivalent of 98% of electricity demand in October.

✅ 98% of monthly electricity demand equivalent met by wind

✅ 16 days exceeded total national demand, per data

✅ WWF Scotland and WeatherEnergy cited; lower emissions

New figures publicized by WWF Scotland have revealed that wind energy generated the equivalent of 98% of the country’s electricity demand in October, or enough electricity to power millions of Scottish homes across the country.

Scotland has regularly been highlighted as a global wind energy leader, and over the last few years has repeatedly reported record-breaking months for wind generation. Now, it’s all very well and good to say that Scottish wind delivered 98% of the country’s electricity demand, but the specifics are a little different — hence why WWF Scotland always refers to it as wind providing “the equivalent of 98%” of Scotland’s electricity demand. That’s why it’s worth looking at the statistics provided by WWF Scotland, sourced from WeatherEnergy, part of the European EnergizAIR project:

• National Grid demand for the month – 1,850,512 MWh
• What % of this could have been provided by wind power across Scotland – 98%
• Best day – 23rd October 2018, generation was 105,900.94 MWh, powering 8.72m homes, 356% of households. Demand that day was 45,274.5MWh – wind generation was 234% of that.
• Worst day – 18th October 2018 when generation was 18,377.71MWh powering 1,512,568 homes, 62% of households. Demand that day was 73,628.5MWh – wind generation was 25%
• How many days generation was over 100% of households – 27
• How many days generation was over 100% of demand – 16

“What a month October proved to be, with wind powering on average 98 per cent of Scotland’s entire electricity demand for the month, at a time when wind became the UK’s main power source and exceeding our total demand for a staggering 16 out of 31 days,” said Dr Sam Gardner, acting director at WWF Scotland.

“These figures clearly show wind is working, it’s helping reduce our emissions and is the lowest cost form of new power generation. It’s also popular, with a recent survey also showing more and more people support turbines in rural areas. That’s why it’s essential that the UK Government unlocks market access for onshore wind at a time when we need to be scaling up electrification of heat and transport.”

Alex Wilcox Brooke, Weather Energy Project Manager at Severn Wye Energy Agency, added: “Octobers figures are a prime example of how reliable & consistent wind production can be, with production on 16 days outstripping national demand.”

Related News

• Electricity Forum News

• Renewable Energy News

Pennsylvania Clean Energy Employment surges, highlighting workforce growth in energy efficiency, solar, wind, grid and storage, and alternative transportation, supporting COVID-19 recovery, high-wage jobs, manufacturing, construction, and statewide economic resilience.

Key Points

Jobs across clean power, efficiency, grid, storage, and advanced transport fueling Pennsylvania's workforce growth.

✅ 8.7% job growth from 2017-2019, outpacing statewide average

✅ 97,000+ employed across efficiency, solar, wind, grid, and fuels

✅ 75% earn above median; strong full-time opportunities

The 2020 Pennsylvania Clean Energy Employment Report has been released, and Gov. Tom Wolf is energized by it.

This "comes at an opportune time, as government and industry leaders look to strengthen Pennsylvania's workforce and economy in response to the challenges of the COVID-19 pandemic," Wolf said Monday in a prepared statement. "This detailed analysis of data and trends in clean energy employment ... demonstrates the sector was a top job generator statewide, and shows which industries were hiring and looking for trained workers."

Foremost among the findings, released Monday, is that the clean energy sector was responsible for adding 7,794 jobs from 2017 through 2019. That is an 8.7% average job growth rate, well above the 1.9% overall average in the state, according to a news release from Wolf's office.

This report lists employment data in five industries: energy efficiency; clean energy generation; alternative transportation; clean grid and storage; and clean fuels, while some cleaner states still import dirty electricity in regional markets.

The energy efficiency industry was the biggest clean energy employer in the state last year, with more than 71,400 state residents working in construction, technology and manufacturing jobs related to energy-efficient systems.

Solar energy workers comprised the largest share of the clean energy generation workforce – 35.4%, or 5,173 individuals. Solar employment increased 8.3% from 2017 to 2019, while there was a slight decline nationwide amid clean energy job losses reported in May.

Wind energy firms employed 2,937, and policy moves such as Ontario's clean electricity regulations signal broader market shifts, with more than 21% of those roles in manufacturing.

Job losses, though, were recorded in nuclear generation (minus 4.5%) and coal generation (minus 8.6%) over the two-year period, as electricity deregulation remains a point of debate in the sector. This mirrors national declines in both categories.

Federal efforts to support coal community revitalization are channeling clean energy projects to hard-hit regions.

Natural gas electric generation capacity doubled across Pennsylvania over the past decade; even as residents could face winter electricity price increases according to recent reports, employment still grew 13.4% from 2017 through 2019. But increasing output from unconventional wells has outpaced demand, sparking reductions in siting and drilling for new wells.

The Clean Energy Employment Report was released along with – and as part of – the 2020 Pennsylvania Energy Employment Report, which asserts that energy remains a large employer in the state, and new clean energy funding announcements underscore the sector's momentum. As of the last quarter of 2019, according to the larger report, energy accounted for 269,031 jobs, or 4.5% of the overall statewide workforce.

Wolf, in summary, said: "This report shows that workforce training investment decisions can benefit Pennsylvanians right now and position the state going forward to grow and improve livelihoods, the economy and our environment."

Related News

• Electricity Forum News

• Energy Policy News

Self-healing grid technology automatically reroutes power to reduce outages, speed restoration, and boost reliability during storms like Hurricane Ian in Florida, leveraging smart grid sensors, automation, and grid hardening to support Duke Energy customers.

Key Points

Automated smart grid systems that detect faults and reroute power to minimize outages and accelerate restoration.

✅ Cuts outage duration via automated fault isolation

✅ Reroutes electricity with sensors and distribution automation

✅ Supports storm resilience and faster field crew restoration

As Hurricane Ian made its way across Florida, where restoring power in Florida can take weeks in hard-hit areas, Duke Energy's grid improvements were already on the job helping to combat power outages from the storm.

Smart, self-healing technology, similar to smart grid improvements elsewhere, helped to automatically restore more than 160,000 customer outages and saved nearly 3.3 million hours (nearly 200 million minutes) of total lost outage time.

"Hurricane Ian is a strong reminder of the importance of grid hardening and storm preparedness to help keep the lights on for our customers," said Melissa Seixas, Duke Energy Florida state president. "Self-healing technology is just one of many grid improvements that Duke Energy is making to avoid outages, restore service faster and increase reliability for our customers."

Much like the GPS in your car can identify an accident ahead and reroute you around the incident to keep you on your way, self-healing technology is like a GPS for the grid. The technology can quickly identify power outages and alternate energy pathways to restore service faster for customers when an outage occurs.

Additionally, self-healing technology provides a smart tool to assist crews in the field with power restoration after a major storm like Ian, helping reduce outage impacts and freeing up resources to help restore power in other locations.

Three days after Hurricane Ian exited the state, Duke Energy Florida wrapped up restoration of approximately 1 million customers. This progress enabled the company to deploy more than 550 Duke Energy workers from throughout Florida, as well as contractors from across the country, to help restore power for Lee County Electric Cooperative customers.

Crews worked in Cape Coral and Pine Island, one of the hardest-hit areas in the storm's path, as Canadian power crews have in past storms, and completed power restoration for the majority of customers on Pine Island within approximately one week after arriving to the island.

Prior to Ian in 2022, smart, self-healing technology had helped avoid nearly 250,000 extended customer outages in Florida, similar to Hydro One storm recovery efforts, saving around 285,000 hours (17.1 million minutes) of total lost outage time.

Duke Energy currently serves around 59% of customers in Florida with self-healing capabilities on its main power distribution lines, with a goal of serving around 80% over the next few years.

Related News

• Electricity Forum News

• Utility Operations News

Rolls-Royce and Exelon UKSMR Partnership accelerates factory-built small modular reactors, nuclear power, clean energy, 440MW units, advanced manufacturing, fleet deployment, net zero goals, and resilient, low-cost baseload generation in the UK and globally.

Key Points

A partnership to deploy factory-built SMR stations, providing 440MW low-carbon baseload for the UK and export markets.

✅ 440MW factory-built SMR units with rapid modular assembly

✅ Exelon to operate and enhance high capacity factors

✅ Supports UK net zero, jobs, and export-led manufacturing

Rolls-Royce and Exelon Generation have signed a Memorandum of Understanding to pursue the potential for Exelon Generation to operate compact nuclear power stations both in the UK and internationally, including markets such as Canada where New Brunswick SMR questions are prompting public debate today.

Exelon Generation will be using their operational experience to assist Rolls Royce in the development and deployment of the UKSMR.

Rolls-Royce is leading a consortium that is designing a low-cost factory built nuclear power station, known as a small modular reactor (SMR), with UK mini-reactor approval anticipated as development progresses. Its standardised, factory-made components and advanced manufacturing processes push costs down, while the rapid assembly of the modules and components inside a weatherproof canopy on the power station site itself avoid costly schedule disruptions.

The consortium is working with its partners and UK Government to secure a commitment for a fleet of factory built nuclear power stations, each providing 440MW of electricity, to be operational within a decade, helping the UK meet its net zero obligations in line with the green industrial revolution policy set out by government. A fleet deployment in the UK will lead to the creation of new factories that will make the components and modules which will help the economy recover from the Covid-19 pandemic and pave the way for significant export opportunities as well.

The consortium members feature the best of nuclear engineering, construction and infrastructure expertise in Assystem, Atkins, BAM Nuttall, Jacobs, Laing O'Rourke, National Nuclear Laboratory, Nuclear Advanced Manufacturing Research Centre, Rolls-Royce and TWI. Exelon will add valuable operational experience to the team.

Tom Samson, interim Chief Executive Officer of the UKSMR consortium, said: 'Nuclear power is central to tackling climate change and economic recovery, but it must be affordable, reliable and investable and the way we manufacture and assemble our power station brings its cost down to be comparable with offshore wind.

'It's a compelling proposition that could draw new players into the UK's power generation landscape, improving choice for consumers and providing uninterrupted low carbon energy to homes and businesses.

'The opportunity to partner with Exelon is a very exciting prospect for our program, complementing our existing Consortium partnerships with one of the world's largest nuclear operator adds an important dimension to our growth ambitions, embodies the strength of the UK and USA alliance on nuclear matters and reflects wider international moves, such as a Canadian premiers' SMR initiative to accelerate technology development, and offers our future customers the ability to achieve the highest performance standards associated with Exelon's outstanding operational track record.'

The power stations will be built by the UKSMR consortium, before being handed over to be operated by power generation companies. Exelon Generation will work closely with the consortium during the pre-operation period. Exelon Nuclear operates 21 nuclear reactors in America, and U.S. regulators recently issued a final safety evaluation for a NuScale SMR that underscores momentum in the sector. The Exelon nuclear fleet is an integral part of the U.S. clean power mix; it produces more than 158 million megawatt-hours of clean electricity every year.

Bryan Hanson, EVP and COO of Exelon Generation said: 'We believe that SMRs are a crucial part of the world's clean energy mix, as projects like Darlington SMRs advance in Ontario. With our experience both in the US and internationally, Exelon is confident that we can help Rolls Royce ensure SMRs play a key role in the UK's energy future. We've had a very strong record of performance for 20 consecutive years, with a 2019 capacity factor of 95.7 percent. We will leverage this experience to achieve sustainably high capacity factors for the UKSMRs.'

Ralph Hunter, Managing Director of Exelon Nuclear Partners, who runs Exelon's international clean energy business, said: 'We have a strong track record of success to be the operator of choice for the UKSMR. We will help develop operational capability, training and human capacity development in the UK, as utilities such as Ontario Power Generation commit to SMRs abroad, ensuring localisation of skills and a strong culture of safety, performance and efficiency.'

By 2050 a full UK programme of a fleet of factory built nuclear power stations in the UK could create:

Up to 40,000 jobs GBP52BN of value to the UK economy GBP250BN of exports

The current phase of the programme has been jointly funded by all consortium members and UK Research and Innovation.

Related News

• Electricity Forum News

• Power Generation News