Fate of old coal plants hinge on clean tech

By New York Times


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With the Obama administration moving to impose tougher limits on toxic air pollution as well as emissions that lead to smog and acid rain, it's betting the private sector can add a new technology to the utility industry's arsenal.

It is a given that the new regulations will seal the fate of older and less efficient coal-fired power plants that are not worth enough to justify the expense of new pollution controls. But as U.S. EPA prepares to go final with its emissions rules later this year, the agency is taking flak from industry lobbyists who say the rules would be expensive enough to kill coal plants that would otherwise keep producing electricity at competitive prices.

People disagree on the number of coal-plant casualties to expect. EPA is predicting that coal plants with 10 gigawatts of capacity would be shuttered because of the new limits on mercury, heavy metals and acid gases that were proposed last month. Add in the upcoming Clean Air Transport Rule, which will limit soot- and smog-forming emissions that cross state lines, and the agency is expecting 25 gigawatts of retirements — 8 percent of the U.S. coal fleet.

But according to a report last fall by the North American Electric Reliability Corp., a quasi-public commission that makes sure there is enough power on the electric grid, those rules and two others could lead to as much as 78 gigawatts of coal-plant retirements. Analysts at Credit Suisse predicted that EPA regulations will lead to shut downs of 60 of the nation's 340 gigawatts — about 37 percent of the coal-fired capacity that lacks advanced pollution controls.

Supporters of the new rules say existing power capacity and new plants will make up for the retirements, but some analysts are predicting that the transition won't be so easy. They say the number of retirements will hinge on whether an emerging technology called dry sorbent injection DSI can be put to wide use by the power sector as a cheaper substitute for scrubbers.

EPA estimated that the new technology would achieve "full penetration of the addressable market," but if sorbent injection does not pan out, the power sector could lose more than 50 gigawatts of coal-fired capacity, according to a new report by FBR Capital Markets Corp.

The agency made "bullish assumptions" about dry sorbent injection, said Marc De Croisset, an energy analyst at the investment bank. The technology seems to be working for some power plants, but limited data make it hard to tell whether most plants that burn low-sulfur coal could use it and comply with proposed EPA rules, he said in an interview.

"I think the EPA's job here will be to find that happy medium, where the industry avoids a major upheaval and there is a gradual and realistic path to compliance," De Croisset said.

EPA's analysis says utilities would flock to sorbent injection systems, in which sodium- or calcium-rich minerals are ground into a chalky powder and mixed with the hot flue gas that is produced when coal is burned. The powder, also called a reagent, binds with acid gases such as hydrogen chloride and sulfur dioxide through a chemical reaction, allowing them to be filtered out before the flue gas is released from the smokestack.

In general, sorbent injection is mainly used to meet limits on sulfur dioxide, or SO2, which can cause breathing problems and make rain more acidic. If a power plant cannot meet the new standards with DSI alone, it would likely need a scrubber — and in many cases, that cost would make the plant unprofitable.

These systems are often used to control emissions from coal-fired industrial boilers, and EPA is predicting that the technology will translate well to the larger boilers used at power plants. The agency estimated that utilities would meet the toxic pollution standards by installing DSI systems on coal plants with 56 gigawatts of electric generating capacity, which is enough to power about 28 million homes.

To analysts, that was a leap of faith. The analysis by NERC, for instance, did not consider the likelihood that DSI could save plants from shutting down. And while the Credit Suisse analysts heard optimism about sorbent injection from some companies, there are lingering doubts about whether the technology can cut enough emissions all the time.

"The practical applicability of DSI remains a debatable point due to the disposal of additional ash produced, reliability of the reagent supply chain, the lack of utility sector experience with this technology, and the potential impact on dispatch," the FBR report says.

Will it work?

For some plants, DSI systems could be more attractive than scrubbers, which are better at capturing acid gases but are prohibitively expensive for all but the largest boilers, experts say. Installing a new scrubber can cost $400 per kilowatt — for a 500-megawatt plant, that comes to $200 million — but EPA estimates that the upfront cost of a DSI system will range from about $30 to $150 per kilowatt.

Dry sorbent injection has several advantages, engineers from Solvay Chemicals Inc. said during a conference call. Solvay is a major supplier of trona, a mineral used as a sorbent for DSI systems.

The systems can be installed fairly quickly and pose little risk for power companies because the capital costs are low, said Mike Wood, a business manager at Solvay. The main reason the utility sector is not already using the technology is that power plants have not been ordered to install it yet, he said.

"It's not new," he said. "It just hasn't been used."

Compared to a scrubber, however, the technology could be more expensive for certain plants because companies need a constant stock of the reagents that are used to absorb the harmful gases.

Some power companies are already using DSI, though. Among them is NRG Energy Inc., which wrapped up a project last year that added sorbent injection systems at its 530-megawatt power plant in Dunkirk, New York, and the 380-megawatt Huntley plant in Tonawanda, New York.

Reducing emissions of acid gases by about 87 percent, the "systems performed better than guaranteed on a range of fuels, as confirmed by testing," NRG spokesman David Gaier said. The company says the plants would already comply with EPA's proposed toxics rules.

But the argument that DSI technology is unproven is being put forth by power companies that are vigorously lobbying against the new rules. That was the point made on Capitol Hill last week by the head of the Electric Reliability Coordinating Council, a coalition that was formed by coal-heavy utilities such as Duke Energy Corp. and Southern Co.

Scott Segal, the group's director and an industry lobbyist at Bracewell & Giuliani LLP, said EPA was fudging the numbers when it cited a slideshow by a supplier of pollution controls that said DSI would allow power plants to meet the new standards. If a business did that in a statement to investors, it would "be in a world of trouble," Segal told a House Energy and Commerce subcommittee.

Faced with such claims, EPA and its supporters have argued the emerging technologies have usually ended up being cheaper than expected as companies have gotten experience working with them.

Power companies made similar claims when EPA started pushing them to add scrubbers and switch to low-sulfur coal. While EPA predicted that the 1990 amendments to the Clean Air Act would cost $6 billion per year, and industry groups said the cost would be much higher, the White House Office of Management and Budget found in 2007 that the actual costs were between $1.1 billion to $1.8 billion annually.

The mercury controls that would be ordered by the toxics rules have also proven cheaper than expected as states have moved forward with their own regulations, said Susan Tierney, a Clinton-era Department of Energy official who now tracks reliability as a consultant at the Analysis Group in Boston.

"The thing that these studies always underestimate is ingenuity," Tierney said. "Once people have to commit to doing something because the rules are coming down, people start being much more aggressive to figure out how they can do it as cost-effectively as possible."

In the Capitol Hill debate, the retirement figures are a point of contention between proponents of clean energy and cheap energy.

Many public health and environmental groups want the rules to be as strict as possible, knowing that every coal plant that closes would mean less toxic pollution and less of the greenhouse gases that most scientists agree are warming the planet.

But many industry groups worry that energy costs would rise if the rules shut down coal plants, which have historically sold electricity at the lowest prices.

EPA estimates the toxics rules will raise electricity prices by 7 percent in some parts of the country.

Though supporters say that increase is justified because the pollution reductions would stop 6,800 to 17,000 premature deaths per year and prevent a variety of health problems, the rising prices worry critics such as Rep. Ed Whitfield R-Kentucky, the chairman of the House subcommittee that oversees the Clean Air Act.

"I think this administration is overselling green energy," Whitfield said at a hearing on the cost of new EPA rules.

"Green energy may be available in the long-out future," he added, but with U.S. energy demand expected to increase by 40 percent and many coal-fired plants expected to be taken off the grid, "how in the world can we meet our electricity demands? Wind turbines, solar panels, hydropower are simply not going to be able to do it."

If fewer coal plants must shut down, less new capacity would be needed to replace them. That is where DSI could help.

James Staudt, a consultant on air pollution controls at Massachusetts-based Andover Technology Partners, said the technology has not caught on widely because EPA has mainly limited acid gases through trading programs, which encourage companies to get big pollution reductions from their largest plants. If every boiler must meet an emissions standard, DSI will make more sense.

According to the FBR report, there are currently at least nine coal-fired boilers in the United States that use DSI without a scrubber and would meet EPA's proposed limit on acid gases. Many other utilities have already tested it, Staudt said.

"Until they're required to run it continuously, they're not going to do it," Staudt said. "But in anticipation of that day coming, they've been running test programs.

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IVECO BUS Achieves Success with New Hydrogen and Electric Bus Contracts in France

IVECO BUS hydrogen and electric buses in France accelerate clean mobility, zero-emission public transport, fleet electrification, and fuel cell adoption, with battery-electric ranges, fast charging, hydrogen refueling, lower TCO, and high passenger comfort in cities.

 

Key Points

Zero-emission buses using battery-electric and fuel cell tech, cutting TCO with fast refueling and urban-ready range.

✅ Zero tailpipe emissions, lower noise, improved air quality

✅ Fast charging and rapid hydrogen refueling infrastructure

✅ Lower TCO via reduced fuel and maintenance costs

 

IVECO BUS is making significant strides in the French public transportation sector, recently securing contracts for the delivery of hydrogen and battery electric buses. This development underscores the growing commitment of cities and regions in France to transition to cleaner, more sustainable public transportation options, even as electric bus adoption challenges persist. With these new contracts, IVECO BUS is poised to strengthen its position as a leader in the electric mobility market.

Expanding the Green Bus Fleet

The contracts involve the supply of various models of IVECO's hydrogen and electric buses, highlighting a strategic shift towards sustainable transport solutions. France has been proactive in its efforts to reduce carbon emissions and promote environmentally friendly transportation. As part of this initiative, many local authorities are investing in clean bus fleets, which has opened up substantial opportunities for manufacturers like IVECO.

These contracts will provide multiple French cities with advanced vehicles designed to minimize environmental impact while maintaining high performance and passenger comfort. The move towards hydrogen and battery electric buses reflects a broader trend in public transportation, where cities are increasingly adopting green technologies, with lessons from TTC's electric bus fleet informing best practices to meet both regulatory requirements and public demand for cleaner air.

The Role of Hydrogen and Battery Electric Technology

Hydrogen and battery electric buses represent two key technologies in the transition to sustainable transport. Battery electric buses are known for their zero tailpipe emissions, making them ideal for urban environments where air quality is a pressing concern, as demonstrated by the TTC battery-electric rollout in North America. IVECO's battery electric models come equipped with advanced features, including fast charging capabilities and longer ranges, making them suitable for various operational needs.

On the other hand, hydrogen buses offer the advantage of rapid refueling and extended range, addressing some of the limitations associated with battery electric vehicles, as seen with fuel cell buses in Mississauga deployments across transit networks. IVECO’s hydrogen buses utilize cutting-edge fuel cell technology, allowing them to operate efficiently in urban and intercity routes. This flexibility positions them as a viable solution for public transport authorities aiming to diversify their fleets.

Economic and Environmental Benefits

The adoption of hydrogen and battery electric buses is not only beneficial for the environment but also presents economic opportunities. By investing in these technologies, local governments can reduce operating costs associated with traditional diesel buses. Electric and hydrogen buses generally have lower fuel costs and require less maintenance, resulting in long-term savings.

Furthermore, the transition to cleaner buses can help stimulate local economies. As cities invest in electric mobility, new jobs will be created in manufacturing, maintenance, and infrastructure development, such as charging stations and hydrogen fueling networks, including the UK bus charging hub model, which supports large-scale operations. This shift can have a positive ripple effect, contributing to overall economic growth while fostering a cleaner environment.

IVECO BUS's Commitment to Sustainability

IVECO BUS's recent successes in France align with the company’s broader commitment to sustainability and innovation. As part of the CNH Industrial group, IVECO is dedicated to advancing green technologies and reducing the carbon footprint of public transportation. The company has been at the forefront of developing environmentally friendly vehicles, and these new contracts further reinforce its leadership position in the market.

Moreover, IVECO is investing in research and development to enhance the performance and efficiency of its electric and hydrogen buses. This commitment to innovation ensures that the company remains competitive in a rapidly evolving market while meeting the changing needs of public transport authorities.

Future Prospects

As more cities in France and across Europe commit to sustainable transportation, including initiatives like the Berlin zero-emission bus initiative, the demand for hydrogen and battery electric buses is expected to grow. IVECO BUS is well-positioned to capitalize on this trend, with a diverse range of products that cater to various operational requirements.

The successful implementation of these contracts will likely encourage other regions to follow suit, paving the way for a greener future in public transportation. As IVECO continues to innovate and expand its offerings, alongside developments like Volvo electric trucks in Europe, it sets a precedent for the industry, illustrating how commitment to sustainability can drive business success.

 

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Energy-insecure households in the U.S. pay 27% more for electricity than others

Community Solar for Low-Income Homes expands energy equity by delivering renewable energy access, predictable bill savings, and tax credit benefits to renters and energy-insecure households, accelerating distributed generation and storage adoption nationwide.

 

Key Points

A program model enabling renters and LMI households to subscribe to off-site solar and save on utility bills.

✅ Earn bill credits from shared solar generation.

✅ Expands access for renters and LMI subscribers.

✅ Often paired with storage and IRA tax credit adders.

 

On a square-foot basis, the issue of inequality is made worse by higher costs for energy usage in the nation. Efforts like community solar programs such as Maryland community solar are underway to boost low-income participation in the cost benefits of renewable energy.

The Energy Information Administration (EIA) shows that households that are considered energy insecure, or those that have the inability to adequately meet basic household energy costs, are paying more for electricity than their wealthier counterparts. 

On average in the United States in 2020, households were billed about $1.04 per square foot for all energy sources. For homes that did not report energy insecurity, that average was $0.98 per square foot, while homes with energy insecurity issues paid an average of $1.24 per square foot for energy. This means that U.S. residents that need the most support on their energy bills are stuck with costs 27% higher than their neighbors on square-foot-basis.

EIA said energy-insecure households have reduced or forgone basic necessities to pay energy bills, kept their houses at unsafe temperatures because of energy cost concerns, or been unable to repair heating or cooling equipment because of cost.

In 2020, households with income less than $10,000 a year were billed an average of $1.31 per square foot for energy, while households making $100,000 or more were billed an average of $0.96 per square foot, said EIA. Renters paid considerably more ($1.28 per square foot) than owners ($0.98 per square foot). There were also considerable differences between regions, with New England solar growth sparking grid upgrade debates, ethnic groups and races, and insulation levels, as seen below.

The energy transition toward renewables like solar has offered price stability, amid record solar and storage growth nationwide, but thus far energy-insecure communities have relatively been left behind. A recent Berkeley Lab report, Residential Solar-Adopter Income and Demographic Trends, indicates that even though the rate of solar adoption among low-income residents is increasing (from 5% in 2010 to 11% in 2021), that segment of energy consumers remains under-represented among solar adopters, relative to its share of the population.


Community solar efforts

As such, the United States is targeting communities most impacted by energy costs that have not benefitted from the transition, highlighting “Energy Communities” that are eligible for an additional 10% tax credit through funds made possible by the Inflation Reduction Act.

Additionally, a push for community solar development is taking place nationwide to extend access to affordable solar energy to renters and other residents that aren’t able to leverage finances to invest in predictable, low-cost residential solar systems. The Biden Administration set a goal this year to sign up 5 million community solar households, achieving $1 billion in bill savings by 2025. The community solar model only represents about 8% of the total distributed solar capacity in the nation. This target would entail a jump from 3 GW installed capacity to 20 GW by the target year. The Department of Energy estimates community solar subscribers save an average of 20% on their bills.

California this year passed AB 2316, the Community Renewable Energy Act takes aim at four acute problems in the state’s power market: reliability amid rising outage risks, rates, climate and equity. The law creates a community renewable energy program, including community solar-plus-storage, supported by cheaper batteries, to overcome access barriers for nearly half of Californians who rent or have low incomes. Community solar typically involves customers subscribing to an off-site solar facility, receiving a utility bill credit for the power it generates.

“Community renewable energy is a proven powerful tool to help close California’s clean energy gap, bringing much needed relief to millions struggling with high housing costs and utility debt,” said Alexis Sutterman, energy equity program manager at the California Environmental Justice Alliance.

The program has energy equity baked into its structure, working to make sure Californians of all income levels participate in the benefits of the energy transition. Not only does it open solar access to renters, the law ensures that at least 51% of subscribers are low-income customers, which is expected to make projects eligible for a 10% tax credit adder under the IRA.

“The money’s on the table now,” said Jeff Cramer, president and chief executive of the Coalition for Community Solar Access. “While there are groups pushing for solar access for all, and states with strong legislation, there are other pockets of interest in surprising places in the United States. For example, Louisiana has no policy for community solar or support for low-income residents going solar but the city of New Orleans has its own utility commission with a community solar program. In Nebraska, forward-looking co-operatives have created community solar projects.

Community solar markets are active in 22 states, with more expected to come online in the future as states pursue 100% clean energy targets across the country. However, the market is expected to require strong community outreach efforts to foster trust and gain subscribers.

“There is a distrust of community solar initially in LMI communities as many have been burned before by retail energy false promises,” said Eric LaMora, executive director, community solar, Nautilus Solar on a panel at the Solar Energy Industries Association Finance, Tax, and Buyers seminar. “People are suspicious but there really are no hooks with community solar.”

LMI residents are leery to provide tax records or much documents at all in order to sign up for community solar, LaMora said. “We were surprised to see less of a default rate with LMI residents. We attribute this to the fact that they see significant savings on their electric bill, making it easier to pay each month,” he said.

 

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New Orleans Levees Withstood Hurricane Ida as Electricity Failed

Hurricane Ida New Orleans Infrastructure faced a split outcome: levees and pumps protected against storm surge, while the power grid collapsed as transmission lines failed, prompting large-scale restoration efforts across Louisiana and Mississippi.

 

Key Points

It summarizes Ida's impact: levees and pumps held, but the power grid failed, causing outages and slow restoration.

✅ Levees and pumps mitigated flooding and storm surge impacts.

✅ All transmission lines failed, crippling the power grid.

✅ Crews and drones assess damage; restoration may take weeks.

 

Infrastructure in the city of New Orleans turned in a mixed performance against the fury of Hurricane Ida, with the levees and pumps warding off catastrophic flooding even as the electrical grid, part of the broader Louisiana power grid, failed spectacularly.

Ida’s high winds, measuring 150 miles (240 kilometers) an hour at landfall, took out all eight transmissions lines that deliver power into New Orleans, ripped power poles in half and crumpled at least one steel transmission tower into a twisted metal heap, knocking out electricity to all of the city. A total of more than 1.2 million homes and businesses in Louisiana and Mississippi lost power. While about 90,000 customers were reconnected by Monday afternoon, many could face days without electricity, and frustration can mount as seen during the Houston outage after major storms.

In contrast, the New Orleans area’s elaborate flood defenses seem to have held up, a vindication of the Army Corps of Engineers’ $14.5 billion project to rebuild levees, flood gates and pumps in the wake of the devastation wrought by Hurricane Katrina in 2005. While there were reports of scattered deaths tied to Ida, the city escaped the kind of flooding that destroyed entire neighborhoods in Katrina’s wake, left parts of the city uninhabitable for months and claimed 1,800 lives. 

“The situation in New Orleans, as bad as it is today with the power, could be so much worse,” Louisiana Governor John Bel Edwards said Monday on the Today Show, praising the levee system’s performance. “All you have to do is go back 16 years to get a glimpse of what that would have been like.”

While the levees’ resiliency is no doubt due to the rebuilding effort that followed Katrina, the starkly different outcomes also stems from the storms’ different characteristics. Katrina slammed the coast with a 30-foot storm surge of ocean water, while preliminary estimates from Ida put its surge far lower. 


Ida’s winds, however, were stronger than Katrina’s, and that’s what ultimately took out so many power lines, a dynamic that also saw Texas utilities struggle during Harvey. Deanna Rodriguez, the chief executive officer of power provider Entergy New Orleans, declined to comment on when service would be restored, saying the company was using helicopters and drones to help assess the damage.

Michael Webber, an energy and engineering professor at the University of Texas at Austin, estimated power restoration will take days and possibly weeks, a pattern seen in Florida restoration timelines after major hurricanes, based on the initial damage reports from the storm. More than 25,000 workers from at least 32 states and Washington are mobilized to assist with power restoration efforts, similar to FPL's massive response after Irma, according to the Edison Electric Institute.

“The question is, how long will it take to rebuild these lines,” Webber said. The utilities will first need to complete their damage assessments before they can get a sense of repair timelines, a step that Gulf Power crews have highlighted in past recoveries, he said. “You can imagine that will take days at least, possibly weeks.”

The loss of electricity will have other affects as well, and even though grid resilience during the pandemic was strong, local systems face immediate constraints. Sewer substations, for example, need electricity to keep wastewater moving, said Ghassan Korban, executive director of the New Orleans Sewerage & Water Board. The storm knocked out power to about 80 of the city’s 84 pumping stations, he said at a Monday press conference. “Without electricity, wastewater backs up and can cause overflows,” he said, adding that residents should conserve water to lessen stress on the system.

 

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Tariffs on Chinese Electric Vehicles

Canada EV Tariffs weigh protectionism, import duties, and trade policy against affordable electric vehicles, climate goals, and consumer costs, balancing domestic manufacturing, critical minerals, battery supply chains, and China relations amid US-EU actions.

 

Key Points

Canada EV Tariffs are proposed duties on Chinese EV imports to protect jobs vs. prices, climate goals, and trade risks.

✅ Shield domestic automakers; counter subsidies

✅ Raise EV prices; slow adoption, climate targets

✅ Spark China retaliation; hit exports, supply chains

 

Canada, a rising star in critical EV battery minerals, finds itself at a crossroads. The question: should they follow the US and EU and impose tariffs on Chinese electric vehicles (EVs), after the U.S. 100% tariff on Chinese EVs set a precedent?

The Allure of Protectionism

Proponents see tariffs as a shield for Canada's auto industry, supported by recent EV assembly deals that put Canada in the race, a vital job creator. They argue that cheaper Chinese EVs, potentially boosted by government subsidies, threaten Canadian manufacturers. Tariffs, they believe, would level the playing field.

Consumer Concerns and Environmental Impact

Opponents fear tariffs will translate to higher prices, deterring Canadians from buying EVs, especially amid EV shortages and wait times already affecting the market. This could slow down Canada's transition to cleaner transportation, crucial for meeting climate goals. A slower EV adoption could also impact Canada's potential as an EV leader.

The Looming Trade War Shadow

Tariffs risk escalating tensions with China, Canada's second-largest trading partner. China might retaliate with tariffs on Canadian exports, jeopardizing sectors like oil and lumber. This could harm the Canadian economy and disrupt critical mineral and battery development, areas where Canada is strategically positioned, even as opportunities to capitalize on the U.S. EV pivot continue to emerge across North America.

Navigating a Charged Path

The Canadian government faces a complex decision. Protecting domestic jobs is important, but so is keeping EVs affordable for a greener future and advancing EV sales regulations that shape the market. Canada must carefully consider the potential benefits of tariffs against the risks of higher consumer costs and a potential trade war.

This path forward could involve exploring alternative solutions. Canada could invest in its domestic EV industry, providing incentives for both consumers and manufacturers. Additionally, collaborating with other countries, including Canada-U.S. collaboration as companies turn to EVs, to address China's alleged unfair trade practices might be a more strategic approach.

Canada's decision on EV tariffs will have far-reaching consequences. Striking a balance between protecting its domestic industry and fostering a robust, environmentally friendly transportation sector, and meeting ambitious EV goals set by policymakers, is crucial. Only time will tell which path Canada chooses, but the stakes are high, impacting not just jobs, but also the environment and Canada's position in the global EV race.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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.”

 

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Electricity complaints filed by Texans reach three-year high, report says

Texas Electricity Complaints surged to a three-year high, highlighting Public Utility Commission data on billing disputes, meter problems, and service issues in the competitive retail electricity market and consumer protection process.

 

Key Points

Consumer filings to Texas PUC about billing, service, and meters, with 2018 reaching a three-year high.

✅ 5,371 complaints/inquiries in FY2018; 43.8% involved billing disputes.

✅ Service issues 15.8% and meters 12.6%; PUC publishes complaint stats.

✅ Advocates urge monitoring to keep deregulated retail market healthy.

 

The number of electricity service-related complaints and inquiries filed with the state’s Public Utility Commission reached a three-year high this past fiscal year, an advocacy group said Tuesday.

According to the Texas Coalition for Affordable Power, a nonprofit that advocates for low electricity prices, Texans filed 5,371 complaints or inquiries with the commission between September 2017 and August of this year. That’s up from the 4,175 complaints or inquiries filed during the same period in 2017 and the 4,835 filed in 2016. The complaints and inquiries included concerns with billing, meters and service.

“This stark uptick in complaints is disappointing — especially after several years of generally improving numbers,” Jay Doegey, the coalition's executive director, said in a written statement. “In percentage terms, the year-to-year rise in complaints is the greatest in a decade. Clearly, many Texans remain frustrated with aspects of their electric service.”

The utility commission did not immediately respond to a request for comment.

While complaints and inquiries increased in 2018, the number of complaints and inquiries has generally decreased since 2009, when Texans filed 15,956 with the commission. That could be because there have been lower residential electricity prices and because Texans have become more familiar with the state’s competitive retail electricity system over the last decade, the coalition's report said.

And complaints from 2018 are well below 2003 levels, when the number of complaints and inquiries soared to more than 17,000, a year after Texas deregulated most of its electricity market structure at the time.

But Jake Dyer, a policy analyst at the coalition, said his group is closely watching the uptick in complaints this year as the Texas power grid faces recurring strains.

“We are invested in making sure the competition works,” Dyer said. “When you see an uptick like this, you should watch very closely to make sure the market remains healthy and to make sure there is not something else going on.”

However, Dyer said that it is too early to know what that something else that is going on might be.

According to the report, concerns about billing made up most of the complaints and inquiries filed this year at 43.8 percent. That’s up from 42.5 percent in fiscal year 2017. Concerns about the provision of electrical service and about electrical meters also ranked high, constituting 15.8 percent and 12.6 percent of the complaints and inquiries, respectively.

The Public Utility Commission publishes customer complaint statistics on its website. The Texas Coalition for Affordable Power takes into account both complaints and inquiries filed with the commission for its report in order “to gauge general consumer sentiment and to maintain a uniform methodology across the study period.”

Texans can file an official complaint with the the commission's Customer Protection Division. Under the complaint process, the complaint is sent to the electric company, which has 21 days to respond.

Some providers outside the competitive market, such as electric cooperatives, drew praise for performance during the 2021 winter storm.

Following the 2021 winter storm, Texas lawmakers proposed an electricity market bailout to stabilize costs and reliability.

 

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