Ontario green tax illegal, study says

By Toronto Star


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A $53.7 million fee imposed on electricity users to support green energy programs is not just expensive, its illegal, says a study prepared for the C.D. Howe Institute.

Thats because the fee is really a tax, says the study. And taxes must be approved by the Legislature.

Almost any economist would say its an indirect tax, says Finn Poschmann of C.D. Howe, who coauthored the study with University of Toronto law professor Benjamin Alarie.

The levy was imposed ahead of the provincial budget it will cost a typical customer about $4 a year.

The money is earmarked for conservation and renewable energy programs, including home energy audits and a program that helps industrial and commercial firms switch to solar power.

The regulation creating the new fee directs the Ontario Energy Board to assess a levy on local utilities like Toronto Hydro, and on the Independent Electricity System Operator, in proportion to the amount of power they distribute.

The levy could be called a fee used to recover the costs of delivering renewable energy, the authors acknowledge.

On the other hand, as there is nothing about the fee that closely connects it to the cost of electricity that ratepayers consume, there is little to distinguish it from any other provincial taxing and spending program, they argue.

The advantage of raising money through regulation is that it is quiet, and achieved with a minimum of debate, they say.

Yet it is against the public interest for the government to impose taxation through regulation... Taxation through regulation is taxation without representation.

But taxpayers could challenge the fee in its current format, said Poschmann. There is precedent for such actions, he noted – although theres also precedent for legislatures retroactively approving the previously illegal taxes, and keeping the money they raised.

Energy minister Brad Duguid rejected the analysis, saying the Green Energy Act gives the governments authority for the province to create conservation programs and recover the costs through hydro rates.

Its an important investment, he added. Conservation programs funded by the new fee gives consumers tools to lower their overall energy bill, he argued.

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Trump's Canada Tariff May Spike NY Energy Prices

25% Tariff on Canadian Imports threatens New York energy markets, disrupting hydroelectric power and natural gas supply chains, raising electricity prices, increasing gas costs, and intensifying trade tensions, policy uncertainty, and cross-border logistics risks.

 

Key Points

A U.S. policy imposing 25% duties on Canadian goods, risking higher New York electricity and natural gas costs.

✅ Hydroelectric and gas imports face costlier cross-border flows

✅ Higher utility bills for NY households and businesses

✅ Supply chain volatility and policy uncertainty increase

 

President Donald Trump announced the imposition of a 25% tariff on all imports from Canada, citing concerns over drug trafficking and illegal immigration. This decision has raised significant concerns among experts and residents in New York, who warn that the tariff could lead to increased electricity and gas prices in the state.

Impact on New York's Energy Sector

New York relies heavily on energy imports from Canada, particularly electricity and natural gas. Canada is a major supplier of hydroelectric power to the northeastern United States, including New York, with its electricity exports at risk amid trade tensions. The imposition of a 25% tariff on Canadian goods could disrupt this supply chain, leading to higher energy costs for consumers and businesses in New York. Justin Wilcox, an energy analyst, stated, "If the tariff is implemented, it could lead to increased costs for electricity and gas, affecting both consumers and businesses."

Potential Economic Consequences

The increased energy costs could have broader economic implications for New York, and some experts advise against cutting Quebec's exports to avoid exacerbating market volatility. Higher electricity and gas prices may lead to increased operational costs for businesses, potentially resulting in higher prices for goods and services, while tariff threats have boosted support for Canadian energy projects that could reshape regional supply. This could exacerbate the cost-of-living challenges faced by residents and strain the state's economy.

Political and Diplomatic Reactions

The tariff has also sparked political and diplomatic reactions, including threats to cut U.S. electricity exports from Ontario that raised tensions. New York Governor Kathy Hochul expressed concern over the potential economic impact, stating, "We are closely monitoring the situation and are prepared to take necessary actions to protect New York's economy." Additionally, Canadian officials have expressed their disapproval of the tariff, and Ontario Premier Doug Ford's Washington meeting underscored ongoing discussions, emphasizing the importance of the trade relationship between the two countries.

Historical Context

This development is part of a broader pattern of trade tensions between the United States and its neighbors. In 2018, the U.S. imposed tariffs on Canadian steel and aluminum, leading to retaliatory measures from Canada. The current situation underscores the ongoing challenges in international trade relations, where a recent tariff threat delayed Quebec's green energy bill and highlighted the potential domestic impacts of such policies.

The imposition of a 25% tariff on Canadian imports by President Trump has raised significant concerns in New York regarding potential increases in electricity and gas prices. Experts warn that this could lead to higher costs for consumers and businesses, with broader economic implications for the state. As the situation develops, it will be crucial to monitor the responses from both state and federal officials, as well as how Canadians support tariffs on energy and minerals may influence policy, and the potential for diplomatic negotiations to address these trade tensions.

 

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Energy Security Support to Ukraine

U.S. Energy Aid to Ukraine delivers emergency electricity grid equipment, generators, transformers, and circuit breakers, supports ENTSO-E integration, strengthens energy security, and advances decarbonization to restore power and heat amid Russian attacks.

 

Key Points

U.S. funding and equipment stabilize Ukraine's power grid, strengthen energy security, and advance ENTSO-E integration.

✅ $53M for transformers, breakers, surge arresters, disconnectors

✅ $55M for generators and emergency heat to municipalities

✅ ENTSO-E integration, cybersecurity, nuclear safety support

 

In the midst of Russia’s continued brutal attacks against Ukraine’s energy infrastructure, Secretary of State Blinken announced today during a meeting of the G7+ on the margins of the NATO Ministerial in Bucharest that the United States government is providing over $53 million to support acquisition of critical electricity grid equipment. This equipment will be rapidly delivered to Ukraine on an emergency basis to help Ukrainians persevere through the winter, as the country prepares for winter amid energy challenges. This supply package will include distribution transformers, circuit breakers, surge arresters, disconnectors, vehicles and other key equipment.

This new assistance is in addition to $55 million in emergency energy sector support for generators and other equipment to help restore emergency power and heat to local municipalities impacted by Russia’s attacks on Ukraine’s power system, while both sides accuse each other of energy ceasefire violations that complicate repairs. We will continue to identify additional support with allies and partners, and we are also helping to devise long-term solutions for grid restoration and repair, along with our assistance for Ukraine’s effort to advance the energy transition and build an energy system decoupled from Russian energy.

Since Russia’s further invasion on February 24, working together with Congress, the Administration has provided nearly $32 billion in assistance to Ukraine, including $145 million to help repair, maintain, and strengthen Ukraine’s power sector in the face of continued attacks. We also have provided assistance in areas such as EU integration and regional electricity trade, including electricity imports to stabilize supply, natural gas sector support to maximize resource development, support for nuclear safety and security, and humanitarian relief efforts to help Ukrainians to overcome the impacts of energy shortages.

Since 2014, the United States has provided over $160 million in technical support to strengthen Ukraine’s energy security, including to strengthen EU interconnectivity, increase energy supply diversification, and promote investments in energy efficiency, renewable energy, and clean energy technologies and innovation.  Much of this support has helped prepare Ukraine for its eventual interconnection with Europe’s ENTSO-E electricity grid, aligning with plans to synchronize with ENTSO-E across the integrated power system, including the island mode test in February 2022 that not only demonstrated Ukraine’s progress in meeting the EU’s technical requirements, but also proved to be critical considering Russia’s subsequent military activity aimed at disrupting power supplies and distribution in Ukraine.

 

Department of Energy (DOE)

  • With the increased attacks on Ukraine’s electricity grid and energy infrastructure in October, DOE worked with the Ukrainian Ministry of Energy and DOE national laboratories to collate, vet, and help prioritize lists of emergency electricity equipment for grid repair and stabilization amid wider global energy instability affecting supply chains.
  • Engaged at the CEO level U.S. private sector and public utilities and equipment manufacturers to identify $35 million of available electricity grid equipment in the United States compatible with the Ukrainian system for emergency delivery. Identified $17.5 million to support purchase and transportation of this equipment.
  • With support from Congress, initiated work on full integration of Ukraine with ENTSO-E to support resumption of Ukrainian energy exports to other European countries in the region, including funding for energy infrastructure analysis, collection of satellite data and analysis for system mapping, and work on cyber security, drawing on the U.S. rural energy security program to inform best practices.
  • Initiated work on a new dynamic model of interdependent gas and power systems of Europe and Ukraine to advance identification and mitigation of critical vulnerabilities.
  • Delivered emergency diesel fuel and other critical materials needed for safe operation of Ukrainian nuclear power plants, as well as initiated the purchase of three truck-mounted emergency diesel backup generators to be delivered to improve plant safety in the event of the loss of offsite power.

U.S. Department of State

  • Building on eight years of technical engagement, the State Department continued to provide technical support to Naftogaz and UkrGasVydobuvannya to advance corporate governance reform, increase domestic gas production, provide strategic planning, and assess critical sub-surface and above-ground technical issues that impact the company’s core business functions.
  • The State Department is developing new programs focused on emissions abatement, decarbonization, and diversification, acknowledging the national security benefits of reducing reliance on fossil fuels to support Ukraine’s ambitious clean energy and climate goals and address the impacts of reduced supplies of natural gas from Russia.
  • The State Department led a decades-long U.S. government engagement to develop and expand natural gas reverse flow (west-to-east) routes to enhance European and Ukrainian energy security. Ukraine is now able to import natural gas from Europe, eliminating the need for Ukraine to purchase natural gas from Gazprom.

 

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Canada's looming power problem is massive but not insurmountable: report

Canada Net-Zero Electricity Buildout will double or triple power capacity, scaling clean energy, renewables, nuclear, hydro, and grid transmission, with faster permitting, Indigenous consultation, and trillions in investment to meet 2035 non-emitting regulations.

 

Key Points

A national plan to rapidly expand clean, non-emitting power and grid capacity to enable a net-zero economy by 2050.

✅ Double to triple generation; all sources non-emitting by 2035

✅ Accelerate permitting, transmission, and Indigenous partnerships

✅ Trillions in investment; cross-jurisdictional coordination

 

Canada must build more electricity generation in the next 25 years than it has over the last century in order to support a net-zero emissions economy by 2050, says a new report from the Public Policy Forum.

Reducing our reliance on fossil fuels and shifting to emissions-free electricity, as provinces such as Ontario pursue new wind and solar to ease a supply crunch, to propel our cars, heat our homes and run our factories will require doubling — possibly tripling — the amount of power we make now, the federal government estimates.

"Imagine every dam, turbine, nuclear plant and solar panel across Canada and then picture a couple more next to them," said the report, which will be published Wednesday.

It's going to cost a lot, and in Ontario, greening the grid could cost $400 billion according to one report. Most estimates are in the trillions.

It's also going to require the kind of cross-jurisdictional co-operation, with lessons from Europe's power crisis underscoring the stakes, Indigenous consultation and swift decision-making and construction that Canada just isn't very good at, the report said.

"We have a date with destiny," said Edward Greenspon, president of the Public Policy Forum. "We need to build, build, build. We're way behind where we need to be and we don't have a lot of a lot of time remaining."

Later this summer, Environment Minister Steven Guilbeault will publish new regulations to require that all power be generated from non-emitting sources by 2035 clean electricity goals, as proposed.

Greenspon said that means there are two major challenges ahead: massively expanding how much power we make and making all of it clean, even though some natural gas generation will be permitted under federal rules.

On average, it takes more than four years just to get a new electricity generating project approved by Ottawa, and more than three years for new transmission lines.

That's before a single shovel touches any dirt.

Building these facilities is another thing, and provinces such as Ontario face looming electricity shortfalls as projects drag on. The Site C dam in British Columbia won't come on line until 2025 and has been under construction since 2015. A new transmission line from northern Manitoba to the south took more than 11 years from the first proposal to operation.

"We need to move very quickly, and probably with a different approach ... no hurdles, no timeouts," Greenspon said.

There are significant unanswered questions about the new power mix, and the pace at which Canada moves away from fossil fuel power is one of the biggest political issues facing the country, with debates over whether scrapping coal-fired electricity is cost-effective still unresolved.

 

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Old meters giving away free electricity to thousands of N.B. households

NB Power Smart Meters will replace aging analog meters, boosting billing accuracy, reducing leakage, and modernizing distribution as the EUB considers a $92 million rollout of 360,000 advanced meters for residential and commercial customers.

 

Key Points

NB Power Smart Meters replace analog meters, improving billing accuracy and reducing leakage in the electricity network.

✅ EUB reviewing $92M plan for 360,000 advanced meters

✅ Replaces 98,000 analog units; curbs unbilled kWh

✅ Improves billing accuracy and reduces system leakage

 

Home and business owners with old power meters in New Brunswick have been getting the equivalent of up to 10 days worth of electricity a year or more for free, a multi million dollar perk that will end quickly if the Energy and Utilities Board approves the adoption of smart meters, a move that in other provinces has prompted refusal fees for some holdouts.

Last week the EUB began deliberations over whether to allow NB Power to purchase and install 360,000 new generation smart meters for its residential and commercial customers as part of a $92 million upgrade of its distribution system, even as regulators elsewhere approve major rate changes that affect customer bills.

If approved, that will spell the end to about 98,000 aging electromagnetic or analog meters still used by about one quarter of NB Power customers.  Those are the kind with a horizontal spinning silver disc and clock-face style dials that record consumption 

NB Power lawyer John Furey told the energy and utilities board last week that the utility suspects it loses several million dollars a year to electricity consumed by customers that is not properly recorded by their old meters. It was a central issue in Furey's argument for smart meters amid broader debates over industrial subsidies and debt. (Roger Cosman/CBC)
The analog units, some more than 50 years old and installed back when the late Louis Robichaud and Richard Hatfield were premiers in the 1960's and 1970's - are suspected of doling out millions of kilowatt hours of free power to customers by failing to register all of the current that moves through them.   

"Over time, analog meters slow down and they register lower consumption of electricity than is actually occurring," said NB Power lawyer John Furey last week about the widespread freeloading of power in New Brunswick caused by the old meters.

3 per cent missed
A 2010 report by the independent non-profit Electric Power Research Institute in Palo Alto, California and entered into evidence during NB Power's smart meter hearing said old spinning disc meters generally degrade over time and after 20 years typically fail to register nearly 3 per cent of the power that flows through them.

The average age of analog meters in New Brunswick is much older than that - 31 years - and more than 11,000 of the units are over the age of 40.

"Worn gears, corrosion, moisture, dust, and insects can all cause drag and result in an electromagnetic meter that does not capture the full consumption of the premises," said the report.

The sudden correction to full accounting and billing could naturally surprise these homeowners and even trigger consumer backlash in some cases

- Electric Power Research Institute report
About 94,000 NB residential customers and 3,900 commercial customers have an old meter, according to NB Power records. The group would receive about 40 million kilowatt hours of electricity for free this year  ($5.1 million worth including HST)  if the average unit failed to register 2 percent of the electricity flowing through it, while elsewhere some customers are receiving lump-sum credits on electricity bills.  

That is about $41 in free power for the average residential customer and $322 for the average business.

But, according to the research, there would also be hundreds of customers with meters that have slowed considerably more than the average with 0.3 percent - or close to 300 in NB Power's case -  not counting between 10 and 20 percent of the electricity customers are using. 

NB Power senior Vice President Lori Clark told the EUB stopping the freeloading of power in New Brunswick caused by older meters is in everyone's interest. (Roger Cosman/CBC)
That's potentially $400 in free electricity in a year for a residential customer with average consumption.

"While the average meter might be only slightly slow a few could be significantly so," said the report.

"The sudden correction to full accounting and billing could naturally surprise these homeowners and result in questioning of a new meter, as seen in a shocking $666 bill reported by a Nova Scotia senior." 

The report made the point analog meters can also run fast but called that "less common" meaning that if the EUB approves smart meters, tens of thousands of customers who lose an old meter to a new accurate model will experience higher bills.

'Leakage' reduction
NB Power acknowledges it does not know precisely how much power its older meters give away but said whether it is a little or a lot, ending the freebies is to everyone's benefit. 

"It reduces our inefficiencies, reduces our leakage that we have in the system, so that we are  picking up those unbilled kilowatt hours," said NB Power senior vice president Lori Clark about ending the free power many customers unknowingly enjoy.

Smart meter critics change tone on NB Power's new business case
NB Power's smart meter plan gets major boost with critical endorsements
"Customers benefit from reduced inefficiencies in our system. They benefit from reduced leakage in our system and the fact that those kilowatt hours are being properly billed to the customers that have consumed the kilowatt hours."   

NB Power hopes to win approval of its plan to acquire smart meters by this spring to allow installation beginning in mid 2021, even as some utilities elsewhere have backed away from smart home network projects.

 

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US power coalition demands action to deal with Coronavirus

Renewable Energy Tax Incentive Extensions urged by US trade groups to offset COVID-19 supply chain delays, tax equity shortages, and financing risks, enabling direct pay, PTC and ITC qualification, and standalone energy storage credits.

 

Key Points

Policy measures that extend and monetize clean energy credits to counter COVID-19 disruptions and financing shortfalls.

✅ Extend start construction and safe harbor deadlines

✅ Enable direct pay to offset reduced tax equity

✅ Add a standalone energy storage credit

 

Renewable energy and other trade bodies in the US are calling on Capitol Hill to extend provision of tax incentives to help the sector “surmount the impacts” of the COVID-19 crisis facing clean energy.

In a signed joint letter, the American Council on Renewable Energy (ACORE), American Wind Energy Association (AWEA), Energy Storage Association (ESA), National Hydropower Association (NHA), Renewable Energy Buyers Alliance (REBA), and the Solar Energy Industries Association (SEIA) stated: “With over $50bn in annual investment over each of the past five years, the clean energy sector is one of the nation’s most important economic drivers. But that growth is placed at risk by a range of COVID-19 related impacts”.

These include “supply chain disruptions that have the potential to delay utility solar construction timetables and undermine the ability of wind, solar and hydropower developers to qualify for time-sensitive tax credits, and a sudden reduction in the availability of tax equity, which is crucial to monetising tax credits and financing clean energy projects of all types.”
The letter goes onto state: “Like all sectors of our economy the renewable and clean grid industry – including developers, manufacturers, construction workers, electric utilities, investors and major corporate consumers of renewable power – needs stability.

“The current uncertainty about the ability to qualify for and monetise tax incentives will have real and substantial negative impacts to the entire economy.

On behalf of the thousands of companies that participate in America’s renewable and clean energy economy, the coalition of organisations is requesting the US Government, echoing Senate calls to support clean energy, take three “critical” steps to address pandemic-related disruptions.

The first is an extension of start construction and safe harbour deadlines to ensure that renewable projects can qualify for renewable tax credits amid the Solar ITC extension debate and despite delays associated with supply chain disruptions.

The second is the implementation of provisions that will allow renewable tax credits to be available for direct pay to facilitate their monetisation, supporting U.S. solar and wind growth in the face of reduced availability of tax equity.

Thirdly, the signatories have requested the enactment of a direct pay tax credit for standalone energy storage to foster renewable growth as the industry sets sights on market majority and help secure a more resilient grid.

 

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NRC Begins Special Inspection at River Bend Nuclear Power Plant

NRC Special Inspection at River Bend reviews failures of portable emergency diesel generators, nuclear safety measures, and Entergy Operations actions after Fukushima; off-site power loss readiness, remote COVID-19 oversight, and corrective action plans are assessed.

 

Key Points

An NRC review of generator test failures at River Bend, assessing nuclear safety, root causes, and corrective actions.

✅ Evaluates failures of portable emergency diesel generators

✅ Reviews causal analyses and adequacy of corrective actions

✅ Remote COVID-19 oversight; public report expected within 45 days

 

The Nuclear Regulatory Commission has begun a special inspection at the River Bend nuclear power plant, part of broader oversight that includes the Turkey Point renewal application, to review circumstances related to the failure of five portable emergency diesel generators during testing. The plant, operated by Entergy Operations, is located in St. Francisville, La., as nations like France outage risks continue to highlight broader reliability concerns.

The generators are used to supply power to plant systems in the event of a prolonged loss of off-site electrical power coupled with a failure of the permanently installed emergency generators, a concern underscored by incidents such as the SC nuclear plant leak that shut down production for weeks. These portable generators were acquired as part of the facility's safety enhancements mandated by the NRC following the 2011 accident at the Fukushima Dai-ichi facility in Japan, and amid constraints like France limiting output from warm rivers, the emphasis on resilience remains.

The three-member NRC team will develop a chronology of the test failures and evaluate the licensee's causal analyses and the adequacy of corrective actions, informed by lessons from cases like Davis-Besse closure stakes that underscore risk management.

Due to the COVID-19 pandemic, they will complete most of their work remotely, while other regions address constraints such as high river temperatures limiting output for nuclear stations. An inspection report documenting the team's findings, released as global nuclear project milestones continue across the sector, will be publicly available within 45 days of the end of the inspection.
 

 

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