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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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Duke Energy Carolinas Solar RFP draws 3.9 GW of utility-scale bids, oversubscribed in DEP and DEC, below avoided cost rates, minimal battery storage, strict PPA terms, and interconnection challenges across North and South Carolina.

Key Points

Utility-scale solar procurement in DEC and DEP, evaluated against avoided cost, with few storage bids and PPA terms.

✅ 3.9 GW bids for 680 MW; DEP most oversubscribed

✅ Most projects 7-80 MWac; few include battery storage

✅ Bids must price below 20-year avoided cost estimate

Last week the independent administrator for Duke’s 680 MW solar solicitation revealed data about the projects which have bid in response to the offer, showing a massive amount of interest in the opportunity.

Overall, 18 individuals submitted bids for projects in Duke Energy Carolinas (DEC) territory and 10 in Duke Energy Progress (DEP), with a total of more than 3.9 GW of proposals – more nearly 6x the available volume. DEP was relatively more over-subscribed, with 1.2 GWac of projects vying for only 80 MW of available capacity.

This is despite a requirement that such projects come in below the estimate of Duke’s avoided cost for the next 20 years, and amid changes in solar compensation that could affect project economics. Individual projects varied in capacity from 7-80 MWac, with most coming within the upper portion of that range.

These bids will be evaluated in the spring of 2019, and as Duke Energy Renewables continues to expand its portfolio, Duke Energy Communications Manager Randy Wheeless says he expects the plants to come online in a year or two.

Lack of storage

Despite recent trends in affordable batteries, of the 78 bids that came in only four included integrated battery storage. Tyler Norris, Cypress Creek Renewables’ market lead for North Carolina, says that this reflects that the methodology used is not properly valuing storage.

“The lack of storage in these bids is a missed opportunity for the state, and it reflects a poorly designed avoided cost rate structure that improperly values storage resources, commercially unreasonable PPA provisions, and unfavorable interconnection treatment toward independent storage,” Norris told pv magazine.

“We’re hopeful that these issues will be addressed in the second RFP tranche and in the current regulatory proceedings on avoided cost and state interconnection standards and grid upgrades across the region.”

Limited volume for North Carolina?

Another curious feature of the bids is that nearly the same volume of solar has been proposed for South Carolina as North Carolina – despite this solicitation being in response to a North Carolina law and ongoing legal disputes such as a church solar case that challenged the state’s monopoly model.

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Utility Renewable Investment Gap highlights Oxford study in Nature Energy: most electric utilities favor fossil fuels over clean energy transition, expanding coal and gas, risking stranded assets and missing climate targets despite global decarbonization commitments.

Key Points

Most utilities grow fossil capacity over renewables, slowing decarbonization and jeopardizing climate goals.

✅ Only 10% expand renewables faster than coal and gas growth

✅ 60% still add fossil plants; 15% actively cut coal and gas

✅ Risks: stranded assets, missed climate targets, policy backlash

Only one in 10 of the world’s electric utility companies are prioritising clean energy investment over growing their capacity of fossil fuel power plants, according to research from the University of Oxford.

The study of more than 3,000 utilities found most remain heavily invested in fossil fuels despite international efforts to reduce greenhouse gas emissions and barriers to 100% renewables in the US that persist, and some are actively expanding their portfolio of polluting power plants.

The majority of the utility companies, many of which are state owned, have made little change to their generation portfolio in recent years.

Only 10% of the companies in the study, published in the research journal Nature Energy, are expanding their renewable energy capacity, mirroring global wind and solar growth patterns, at a faster rate than their gas- or coal-fired capacity.

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Of the companies prioritising renewable energy growth, 60% have not stopped concurrently expanding their fossil fuel portfolio and only 15% of these companies are actively reducing their gas and coal capacity.

Galina Alova, the author of the report, said the research highlighted “a worrying gap between what is needed” to tackle the climate crisis, with calls for a fossil fuel lockdown gaining attention, and “what actions are being taken by the utility sector”.

The report found 10% of utilities were favouring growth in gas-fired power plants. This cluster is dominated by US utilities, even as renewables surpass coal in US generation in the broader market, eager to take advantage of the country’s shale gas reserves, followed by Russia and Germany.

Only 2% of utilities are actively growing their coal-fired power capacity ahead of renewables or gas. This cluster is dominated by Chinese utilities – which alone contributed more than 60% of coal-focused companies – followed by India and Vietnam.

The report found the majority of companies prioritising renewable energy were clustered in Europe. Many of the industry’s biggest players are investing in low-carbon energy and green technologies, even as clean energy's dirty secret prompts debate, to replace their ageing fossil fuel power plants.

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In the UK, amid UK renewables backlog that has stalled billions, coal plants are shutting at pace ahead of the government’s 2025 ban on coal-fired power in part because the UK’s domestic carbon tax on power plants make them uneconomic to run.

“Although there have been a few high-profile examples of individual electric utilities investing in renewables, this study shows that overall, the sector is making the transition to clean energy slowly or not at all,” Alova said.

“Utilities’ continued investment in fossil fuels leaves them at risk of stranded assets – where power plants will need to be retired early – and undermines global efforts to tackle climate change.”
 

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Ontario Teachers SSEN Transmission Investment advances UK renewable energy, with a 25% minority stake in SSE plc's electricity transmission network, backing offshore wind, grid expansion, and Net Zero 2050 goals across Scotland and UK.

Key Points

A 25% stake by Ontario Teachers in SSE's SSEN Transmission to fund UK grid upgrades and accelerate renewables.

✅ £1,465m cash for 25% minority stake in SSEN Transmission

✅ Supports offshore wind, grid expansion, and Net Zero targets

✅ Partnering SSE plc to deliver clean, affordable power in the UK

Ontario Teachers’ Pension Plan Board (‘Ontario Teachers’) has reached an agreement with Scotland-based energy provider SSE plc (‘SSE’) to acquire a 25% minority stake in its electricity transmission network business, SSEN Transmission, to provide clean, affordable renewable energy to millions of homes and businesses across the UK, reflecting how clean-energy generation powers both the economy and the environment.

The transaction is based on an effective economic date of 31 March 2022, and total cash proceeds of £1,465m for the 25% stake are expected at completion. The transaction is expected to complete shortly.

Measures such as Ontario's 2021 electricity rate reductions have aimed to ease costs for businesses, informing broader discussions on affordability.

SSEN Transmission, which operates under its licenced entity, Scottish Hydro Electric Transmission plc, transports electricity generated from renewable resources – including onshore and offshore wind and hydro – from the north of Scotland across more than a quarter of the UK land mass amid scrutiny of UK electricity and gas networks profits under the regulatory regime. The investment by Ontario Teachers’ will help support the UK Government’s Net Zero 2050 targets, including the delivery of 50GW of offshore wind capacity by 2030.

Charles Thomazi, Senior Managing Director, Head of EMEA Infrastructure & Natural Resources, from Ontario Teachers’ said, noting that in Canada decisions like the OEB decision on Hydro One's T&D rates guide utility planning:

“SSEN Transmission is one of Europe’s fastest growing transmission networks. Its network stretches across some of the most challenging terrain in Scotland – from the North Sea and across the Highlands – to deliver safe, reliable, renewable energy to demand centres across the UK.

We’re delighted to partner again with SSE and are committed to supporting the growth of its network and the vital role it plays in the UK’s green energy revolution.”

Investor views on regulated utilities can diverge, as illustrated by analyses of Hydro One's investment outlook that weigh uncertainties and risk factors.

Rob McDonald, Managing Director of SSEN Transmission, said:

“With the north of Scotland home to the UK’s greatest resources of renewable electricity we have a critical role to play in helping deliver the UK and Scottish Governments net zero commitments.  Our investments will also be key to securing the UK’s future energy independence through enabling the deployment of homegrown, affordable, low carbon power.

“With significant growth forecast in transmission, bringing in Ontario Teachers’ as a minority stake partner will help fund our ambitious investment plans as we continue to deliver a network for net zero emissions across the north of Scotland.” 

Ontario Teachers’ Infrastructure & Natural Resources group invests in electricity infrastructure worldwide to accelerate the energy transition with current investments including Caruna, Finland’s largest electricity distributor, Evoltz, a leading electricity transmission platform in Brazil, and Spark Infrastructure, which invests in essential energy infrastructure in Australia to serve over 5 million homes and businesses.

In Ontario, distribution consolidation has included the sale of Peterborough Distribution to Hydro One for $105 million, illustrating ongoing sector realignment.

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Wisconsin Solar and Wind Energy advances as rooftop solar, utility-scale farms, and NREL perovskite solar cells improve efficiency; wind turbines gain via wake modeling, yaw control, and grid-scale battery storage to cut carbon emissions.

Key Points

It is Wisconsin's growth in rooftop and utility-scale solar plus optimized wind turbines to cut carbon emissions.

✅ Perovskite solar cells promise higher efficiency, need longevity

✅ Wake modeling and yaw control optimize wind farm output

✅ Batteries and bids can offset reliance on natural gas

Solar energy in Wisconsin continued to grow in 2019, as more homeowners had rooftop panels installed and big utilities started building multi-panel solar farms.

Wind power is increasing more slowly in the state. However, renewable power developers are again coming forward with proposals for multiple turbines.

Nationally, researchers are working on ways to get even more energy from solar and wind, with the U.S. moving toward 30% electricity from wind and solar in coming years, as states like Wisconsin aim to reduce their carbon emissions over the next few decades.

One reason solar energy is growing in Wisconsin is due to the silicon panels becoming more efficient. But scientists haven't finished trying to improve panel efficiency. The National Renewable Energy Laboratory (NREL) in Golden, Col., is one of the research facilities experimenting with brushing a lab-made solution called perovskite onto a portion of a panel called a solar cell.

In a demonstration video supplied by NREL, senior scientist Maikel van Hest said that, in the lab anyway, the painted cell and its electrical connections called contacts, produce more energy:

"There you go! That's how you paint a perovskite solar cell. And you imagine that ultimately what you could do is you could see a company come in with a truck in front of your house and they would basically paint on the contacts first, dry those, and paint the perovskite over it. That you would have photovoltaic cells on the side of your house, put protective coating on it, and we're done."

Another NREL scientist, David Moore, says the new solar cells could be made faster and help meet what's expected to be a growing global demand for energy. However, Moore says the problem has been lack of stability.

"A solar cell with perovskites will last a couple years. We need to get that to 20-25 years, and that's the big forefront in perovskite research, is getting them to last longer," Moore told members of the Society of Environmental Journalists during a recent tour of NREL.

Another part of improving renewable energy is making wind turbines more productive. At NREL's Insight Center, a large screen showing energy model simulations dominates an otherwise darkened room. Visualization scientist Nicholas Brunhart-Lupo points to a display on the screen that shows how spinning turbines at one edge of a wind farm can cause an airflow called a wake, which curtails the power generation of other turbines.

"So what we find in these simulations is these four turbines back here, since they have this used air, this low-velocity wake being blown to their faces, they're only generating about 20% of the energy they should be generating," he explains.

Brunhart-Lupo says the simulations can help wind farm developers with placement of turbines as well as adjustments to the rotor and blades called the yaw system.

Continued progress with renewables may be vital to any state or national pledges to reduce use of fossil fuels and carbon emissions linked to climate change, including Biden's solar expansion plan as a potential pathway. Some scientists say to limit a rise in global temperature, there must be a big decline in emissions by 2050.

But even utilities that say they support use of more renewables, as why the grid isn't 100% renewable yet makes clear, aren't ready to let go of some energy sources. Jonathan Adelman of Xcel Energy, which serves part of Western Wisconsin, says Xcel is on track to close its last two coal-fired power plants in Minnesota. But he says the company will need more natural gas plants, even though they wouldn't run as often.

"It's not perfect. And it is in conflict with our ultimate goal of being carbon-free," says Adelman. "But if we want to facilitate the transition, we still need resources to help that happen."

Some in the solar industry would like utilities that say they need more natural gas plants to put out competitive bids to see what else might be possible. Solar advocates also note that in some states, energy regulators still favor the utilities.

Meanwhile, solar slowly marches ahead, including here in southeastern Wisconsin, as Germany's solar power boost underscores global momentum.

On the roof of a ranch-style home in River Hills, a work crew from the major solar firm Sunrun recently installed mounting brackets for solar panels.

Sunrun Public Policy Director Amy Heart says she supports research into more efficient renewables. But she says another innovation may have to come in the way regulators think.

"Instead of allowing and thinking about from the perspective of the utility builds the power plant, they replace one plant with another one, they invest in the infrastructure; is really thinking about how can these distributed solutions like rooftop solar, peer-to-peer energy sharing, and especially rooftop solar paired with batteries how can that actually reduce some of what the utility needs?

Large-scale energy storage batteries are already being used in some limited cases. But energy researchers continue to make improvements to them, too, with cheap solar batteries beginning to make widespread adoption more feasible as scientists race to reduce the expected additional harm of climate change.

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Bright Feeds Solar Upgrade integrates a 300-kW DC PV system and 625 solar panels at the Berlin, CT plant, supplying one-third of power, cutting carbon emissions, and advancing clean, renewable energy in agriculture.

Key Points

An initiative powering Bright Feeds' Berlin plant with a 300-kW DC PV array, reducing costs and carbon emissions.

✅ 300-kW DC PV with 625 panels by Solect Energy

✅ Supplies ~33% of facility power; lowers operating costs

✅ Offsets 2,100+ tons CO2e; advances clean, sustainable agriculture

Bright Feeds, a New England-based startup, has successfully transitioned its Berlin, Connecticut, animal feed production facility to solar energy. The company installed a 300-kilowatt direct current (DC) solar photovoltaic (PV) system at its 25,000-square-foot plant, mirroring progress seen at projects like the Arvato solar plant in advancing onsite generation. This move aligns with Bright Feeds' commitment to sustainability and reducing its carbon footprint.

Solar Installation Details

The solar system comprises 625 solar panels and was developed and installed by Solect Energy, a Massachusetts-based company, reflecting momentum as projects like Building Energy's launch come online nationwide. Over its lifetime, the system is projected to offset more than 2,100 tons of carbon emissions, contributing significantly to the company's environmental goals. This initiative not only reduces energy expenses but also supports Bright Feeds' mission to promote clean energy solutions in the agricultural sector. 

Bright Feeds' Sustainable Operations

At its Berlin facility, Bright Feeds employs advanced artificial intelligence and drying technology to transform surplus food into an all-natural, nutrient-rich alternative to soy and corn in animal feed, complementing emerging agrivoltaics approaches that pair energy with agriculture. The company supplies its innovative feed product to a broad range of customers across the Northeast, including animal feed distributors and dairy farms. By processing food that would otherwise go to waste, the facility diverts tens of thousands of tons of food from the regional waste stream each year. When operating at full capacity, the environmental benefit of the plant’s process is comparable to taking more than 33,000 cars off the road annually.

Industry Impact

Bright Feeds' adoption of solar energy sets a precedent for sustainability in the agricultural sector. The integration of renewable energy sources into production processes not only reduces operational costs but also demonstrates a commitment to environmental stewardship, amid rising European demand for U.S. solar equipment that underscores market momentum. As the demand for sustainable practices grows, and as rural clean energy delivers measurable benefits, other companies in the industry may look to Bright Feeds as a model for integrating clean energy solutions into their operations.

Bright Feeds' initiative to power its Berlin facility with solar energy underscores the company's dedication to sustainability and innovation. By harnessing the power of the sun, Bright Feeds is not only reducing its carbon footprint but also contributing to a cleaner, more sustainable future for the agricultural industry, and when paired with solar batteries can further enhance resilience. This move serves as an example for other companies seeking to align their operations with environmental responsibility and renewable energy adoption, as new milestones like a U.S. clean energy factory signal expanding capacity across the sector.

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