Florida Power & Light boasts about low customer electric bills

By Florida Power & Light Company


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JUNO BEACH, Fla. – Florida Power & Light Company FPL recently announced that for the fifth year in row, its typical residential customer bill will continue to be the lowest in the state of Florida and about 25 percent lower than the national average.

“At FPL, we work hard every day to offer our customers an outstanding value: low rates, more than 99.98 percent reliability, a clean emissions profile and award-winning customer service,” said Eric Silagy, president of FPL. “We know that every dollar counts, and that’s why we’re investing in clean, highly efficient power plants that use less fuel. We pass 100 percent of those savings on to our customers, money that stays in our customers’ pockets and eventually ends up helping Florida’s economy.”

FPLÂ’s low rates add up to substantial savings. A typical residential FPL customer using 1,000 kilowatt-hours of electricity a month saved more than $320 last year alone compared to the average price paid by Floridians served by other electric utilities. In total, over the past five years, a typical FPL customer saved an estimated $1,800 versus the Florida average and $1,500 compared to the average American electric customer.

Moreover, while the prices of healthcare and other essentials have risen in recent years, FPL’s typical customer bill is actually lower than it was five years ago – recently, it’s down about seven percent compared with 2009.

FPL’s business customer rates are highly competitive as well – among the lowest in the state and below the national average. To encourage economic development, FPL offers special discounted electric rates to help new and expanding businesses create jobs for Floridians. To date, 29 companies have participated in this program, creating an estimated 4,700 new jobs in Florida.

“Florida has an attractive business climate, and FPL’s low electric rates certainly are an important factor,” said Bill Foley, president of Cheney Brothers Inc., one of the largest food service distributors in the southeastern U.S. The company recently broke ground on a new $100 million distribution center in Charlotte County that will create 300 jobs. “The discount we get from Florida Power & Light is essential,” Foley said.

A major contributor to low customer rates is FPL’s strategy of investing in highly efficient power plants that run on clean, American-produced natural gas. FPL has systematically reduced by 99 percent its use of foreign oil to generate electricity– from more than 40 million barrels a year in 2001 to about 200,000 last year. These investments have saved customers more than $6.5 billion in fuel costs with more savings expected.

FPLÂ’s Riviera Beach Next Generation Clean Energy Center in Palm Beach County, which officially entered commercial service recently, is the latest example of the companyÂ’s efforts to modernize its power plant fleet. FPL invested $1.3 billion to build the plant on the Port of Palm Beach site where a 1960s-era, oil-fired plant stood until it was dismantled in 2011. Construction was completed under budget and two months ahead of schedule.

“During the past four years, we’ve witnessed a remarkable rebound in Florida’s economy, particularly in the area of job growth,” said Silagy. “FPL remains committed to helping grow Florida’s economy and ensuring our state continues to be one of the most attractive and affordable places in the country to live and run a business.”

FPL offers multiple energy efficiency programs to help customers save even more, including the Online Home Energy Survey, where customers can get personalized recommendations on how to save. Customers also have access to the Energy Dashboard, where they can monitor their energy use by the hour, day or month to help them better manage their electric bills.

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Smaller, cheaper, safer: Next-gen nuclear power, explained

MARVEL microreactor debuts at Idaho National Laboratory as a 100 kW, liquid-metal-cooled, zero-emissions generator powering a nuclear microgrid, integrating wind and solar for firm, clean energy in advanced nuclear applications research.

 

Key Points

A 100 kW, liquid-metal-cooled INL reactor powering a nuclear microgrid and showcasing zero-emissions clean energy.

✅ 100 kW liquid-metal-cooled microreactor at INL

✅ Powers first nuclear microgrid for applications testing

✅ Integrates with wind and solar for firm clean power

 

Inside the Transient Reactor Test Facility, a towering, windowless gray block surrounded by barbed wire, researchers are about to embark on a mission to solve one of humanity’s greatest problems with a tiny device.

Next year, they will begin construction on the MARVEL reactor. MARVEL stands for Microreactor Applications Research Validation and EvaLuation. It’s a first-of-a-kind nuclear power generator with a mini-reactor design that is cooled with liquid metal and produces 100 kilowatts of energy. By 2024, researchers expect MARVEL to be the zero-emissions engine of the world’s first nuclear microgrid at Idaho National Laboratory (INL).

“Micro” and “tiny,” of course, are relative. MARVEL stands 15 feet tall, weighs 2,000 pounds, and can fit in a semi-truck trailer. But it's minuscule compared to conventional nuclear power plants, which span acres, produces gigawatts of electricity to power whole states, and can take more than a decade to build.

For INL, where scientists have tested dozens of reactors over the decades across an area three-quarters the size of Rhode Island, it’s a radical reimagining of the technology. This advanced reactor design could help overcome the biggest obstacles to nuclear energy: safety, efficiency, scale, cost, and competition. MARVEL is an experiment to see how all these pieces could fit together in the real world.

“It’s an applications test reactor where we’re going to try to figure out how we extract heat and energy from a nuclear reactor and apply it — and combine it with wind, solar, and other energy sources,” said Yasir Arafat, head of the MARVEL program.

The project, however, comes at a time when nuclear power is getting pulled in wildly different directions, from phase-outs to new strategies like the UK’s green industrial revolution that shapes upcoming reactors.

Germany just shut down its last nuclear reactors. The U.S. just started up its first new reactor in 30 years, underscoring a shift. France, the country with the largest share of nuclear energy on its grid, saw its atomic power output decline to its lowest since 1988 last year. Around the world, there are currently 60 nuclear reactors under construction, with 22 in China alone.

But the world is hungrier than ever for energy. Overall electricity demand is growing: Global electricity needs will increase nearly 70 percent by 2050 compared to today’s consumption, according to the Energy Information Administration. At the same time, the constraints are getting tighter. Most countries worldwide, including the U.S., have committed to net-zero goals by the middle of the century, even as demand rises.

To meet this energy demand without worsening climate change, the U.S. Energy Department’s report on advanced nuclear energy released in March said, “the U.S. will need ~550–770 [gigawatts] of additional clean, firm capacity to reach net-zero; nuclear power is one of the few proven options that could deliver this at scale.”

The U.S. government is now renewing its bets on nuclear power to produce steady electricity without emitting greenhouse gases. The Bipartisan Infrastructure Law included $6 billion to keep existing nuclear power plants running. In addition, the Inflation Reduction Act, the U.S. government’s largest investment in countering climate change, includes several provisions to benefit atomic power, including tax credits for zero-emissions energy.

“It’s a game changer,” said John Wagner, director of INL.

The tech sector is jumping in, too, as atomic energy heats up across startups and investors. In 2021, venture capital firms poured $3.4 billion into nuclear energy startups. They’re also pouring money into even more far-out ideas, like nuclear fusion power. Public opinion has also started moving. An April Gallup poll found that 55 percent of Americans favour and 44 percent oppose using atomic energy, the highest levels of support in 10 years.

 

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Reliability of power winter supply puts Newfoundland 'at mercy of weather': report

Labrador Island Link Reliability faces scrutiny as Nalcor Energy and General Electric address software issues; Liberty Consulting warns of Holyrood risks, winter outages, grid stability concerns, and PUB oversight for Newfoundland and Labrador.

 

Key Points

It is the expected dependability of the link this winter, currently uncertain due to GE software and Holyrood risks.

✅ GE software delays may hinder reliable in-service by mid-November.

✅ Holyrood performance issues increase winter outage risk.

✅ PUB directs Hydro to plan contingencies and improve assets.

 

An independent consultant is questioning if the brand new Labrador Island link can be counted on to supply power to Newfoundland this coming winter.

In June, Nalcor Energy confirmed it had successfully sent power from Churchill Falls to the Avalon Peninsula through its more than 1500-kilometre link, but now the Liberty Consulting Group says it doesn't expect the link will be up and running consistently this winter.

"What we have learned supports a conclusion that the Labrador Island Link is unlikely to be reliably in commercial operation at the start of the winter," says the report dated Aug. 30, 2018.

The link relies on software provided by General Electric but Liberty says there are lingering questions about GE's ability to ensure the necessary software will be in place this fall.

"At an August meeting, company representatives did not express confidence in GE's ability to meet an in-service date for the Labrador Island Link of mid-November," says the report.

Liberty also says testing the link for a brief period this spring and fall doesn't demonstrate long-term reliability.

"The link will remain prone to the uncertainties any new major facility faces early in its operating life, especially one involving technology new to the operating company," according to the report.

Holyrood trouble

The report goes on to say island residents should also be worried about the reliability of the troubled Holyrood facility — a facility that's important when demand for energy is high during winter months.

Liberty says "poor performance at the Holyrood thermal generating station increases the risk of outages considerably."

The group's report concludes the deteriorating condition of Holyrood is a major threat to the island's power supply and Liberty says that threat "could produce very severe consequences when the Labrador Island Link is unavailable."

The consultant says questions about the Labrador Island Link's readiness combined with concerns about the reliability of Holyrood may mean power outages, and for vulnerable customers, debates over hydro disconnections policies often intensify during winter.

"This all suggests that, for at least part of this winter, the island interconnected system may be at the mercy of the weather, where severe events can test utilities' storm response efforts further."

The consultant's report also includes five recommendations to the PUB, reflecting the kind of focused nuclear alert investigation follow-up seen elsewhere.

In essence, Liberty is calling for the board to direct Newfoundland and Labrador Hydro to make plans for the possibility that the link won't be available this winter. It's also calling on hydro to do more to improve the reliability of its other assets, such as Holyrood, as some operators have even contemplated locking down key staff to maintain operations during crises.

Response to Liberty's report

Nalcor CEO Stan Marshall defended the Crown corporation's winter preparedness in an email statement to CBC.

"The right level of planning and investment has been made for our existing equipment so we can continue to meet all of our customer electricity needs for this coming winter season," he wrote.

Regarding the Labrador Island Link, Marshall called for patience.

"This is new technology for our province and integrating the new transmission assets into our current electricity system is complex work that takes time," he said.

There is also a more detailed response from Newfoundland and Labrador Hydro which was sent to the province's Public Utiltiies Board.

Hydro says it will keep testing the Labrador Island Link and increasing the megawatts that are wheeled through it. It also says in October it will begin to give the PUB regular reports on the link's anticipated in-service date.

 

 

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Southern California Edison Faces Lawsuits Over Role in California Wildfires

SCE Wildfire Lawsuits allege utility equipment and power lines sparked deadly Los Angeles blazes; investigations, inverse condemnation, and stricter utility regulations focus on liability, vegetation management, and wildfire safety amid Santa Ana winds.

 

Key Points

Residents sue SCE, alleging power lines ignited LA wildfires; seeking compensation under inverse condemnation.

✅ Videos cited show sparking lines near alleged ignition points.

✅ SCE denies wrongdoing; probes and inspections ongoing.

✅ Inverse condemnation may apply regardless of negligence.

 

In the aftermath of devastating wildfires in Los Angeles, residents have initiated legal action, similar to other mega-fire lawsuits underway in California, against Southern California Edison (SCE), alleging that the utility's equipment was responsible for sparking one of the most destructive fires. The fires have resulted in significant loss of life and property, prompting investigations into the causes and accountability of the involved parties.

The Fires and Their Impact

In early January 2025, Los Angeles experienced severe wildfires that ravaged neighborhoods, leading to the loss of at least 29 lives and the destruction of approximately 155 square kilometers of land. Areas such as Pacific Palisades and Altadena were among the hardest hit. The fires were exacerbated by arid conditions and strong Santa Ana winds, which contributed to their rapid spread and intensity.

Allegations Against Southern California Edison

Residents have filed lawsuits against SCE, asserting that the utility's equipment, particularly power lines, ignited the fires. Some plaintiffs have presented videos they claim show sparking power lines in the vicinity of the fire's origin. These legal actions seek to hold SCE accountable for the damages incurred, including property loss, personal injury, and emotional distress.

SCE's Response and Legal Context

Southern California Edison has denied any wrongdoing, stating that it has not detected any anomalies in its equipment that could have led to the fires. The utility has pledged to cooperate fully with investigations to determine the causes of the fires. California's legal framework, particularly the doctrine of "inverse condemnation," allows property owners to seek compensation from utilities for damages caused by public services, even without proof of negligence. This legal principle has been central in previous cases involving utility companies and wildfire damages, and similar allegations have arisen in other jurisdictions, such as an alleged faulty transformer case, highlighting shared risks.

Historical Context and Precedents

This situation is not unprecedented. In 2018, Pacific Gas and Electric (PG&E) faced similar allegations when its equipment was implicated in the Camp Fire, the deadliest wildfire in California's history. PG&E's equipment was found to have ignited the fire, and the company later pleaded guilty in the Camp Fire, leading to extensive litigation and financial repercussions for the company, while its bankruptcy plan won support from wildfire victims during restructuring. The case highlighted the significant risks utilities face regarding wildfire safety and the importance of maintaining infrastructure to prevent such disasters.

Implications for California's Utility Regulations

The current lawsuits against SCE underscore the ongoing challenges California faces in balancing utility operations with wildfire prevention, as regulators face calls for action amid rising electricity bills. The state has implemented stricter regulations and oversight, and lawmakers have moved to crack down on utility spending to mitigate wildfire risks associated with utility infrastructure. Utilities are now required to invest in enhanced safety measures, including equipment inspections, vegetation management, and the implementation of advanced technologies to detect and prevent potential fire hazards. These regulatory changes aim to reduce the incidence of utility-related wildfires and protect communities from future disasters.

The legal actions against Southern California Edison reflect the complex interplay between utility operations, public safety, and environmental stewardship. As investigations continue, the outcomes of these lawsuits may influence future policies and practices concerning utility infrastructure and wildfire prevention in California. The state remains committed to enhancing safety measures to protect its residents and natural resources from the devastating effects of wildfires.

 

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Energy prices trigger EU inflation, poor worst hit

EU Energy Price Surge is driving up electricity and gas costs, inflation, and cost of living across the EU, prompting tax cuts, price caps, subsidies, and household support measures in France, Italy, Spain, and Germany.

 

Key Points

A surge in EU gas and electricity costs driving inflation and prompting government subsidies, tax cuts, and price caps.

✅ Low-income EU households now spend 50-70 percent more on energy.

✅ Governments deploy tax cuts, price caps, and direct subsidies.

✅ Gas-dependent power markets drive electricity price spikes.

 

Higher energy prices, including for natural gas, are pushing up electricity prices and the cost of living for households across the EU, prompting governments to cut taxes and provide financial support to the tune of several billion euros.

In the United Kingdom, households are bracing for high winter energy bills this season.

A series of reports published by Cambridge Econometrics in October and November 2022 found that households in EU countries are spending much more on energy than in 2020 and that governments are spending billions of euros to help consumers pay bills and cut taxes.

In France, for example, the poorest households now spend roughly one-third more on energy than in 2020. Between August 2020 and August 2022, household energy prices increased by 37 percent, while overall inflation increased by 9.2 percent.

“We estimate that the increase in household energy prices make an average French household €410 worse off in 2022 compared to 2020, mostly due to higher gas prices,” said the report.

In response to rising energy prices, the French government has adopted price caps and support measures forecast to cost over €71 billion, equivalent to 2.9 percent of French GDP, according to the U.K.-based consultancy.

In Italy, fossil fuels alone were responsible for roughly 30 percent of the country’s annual rate of inflation during spring 2022, according to Cambridge Econometrics. Unlike in other European countries, retail electricity prices have outpaced other energy prices in Italy and were 112 percent higher in July 2022 than in August 2020, the report found. Over the same time period, retail petrol prices were up 14 percent, diesel up 22 percent, and natural gas up 42 percent.

We estimate that households in the lowest-income quintile now spend about 50 percent more on energy than in 2020.

“We estimate that before government support, an average Italian household will be spending around €1,400 more on energy and fuel bills this year than in 2020,” the report said. “Low-income households are worse affected by the increasing energy prices: we estimate that households in the lowest-income quintile now spend about 50 percent more on energy than in 2020.”

Electricity production in Italy is dominated by natural gas, which has also led to a spike in wholesale electricity prices. In 2010, natural gas accounted for 50 percent of all electricity production. The share of natural gas fell to 33 percent in 2014, but then rose again, reaching 48 percent in 2021, and 56 percent in the first half of 2022, according to the report, as gas filled the gap of record low hydro power production in 2022.

In Spain, where electricity prices have seen extreme spikes, low-income households are now spending an estimated 70% more on energy than in 2020, according to Cambridge Econometrics.


Low-income squeeze
In Spain, low-income households are now spending an estimated 70% more on energy than in 2020, according to Cambridge Econometrics. It noted that the Spanish government has intervened heavily in energy markets by cutting taxes, introducing cash transfers for households, and capping the price of natural gas for power generators. The latter has led to lower electricity prices than in many other EU countries.

These support measures are forecast to cost the Spanish government over €35 billion, equivalent to nearly 3 percent of Spain’s GDP. Yet consumers will still feel the burden of higher costs of living, and rolling back electricity prices may prove difficult in the near term.

In March, electricity prices alone were responsible for 45 percent of year-on-year inflation in Spain but prices have since fallen as a result of government intervention, Cambridge Econometrics said. Between May and July, fossil fuels prices accounted for 19-25 percent of the overall inflation rate, and electricity prices for 16 percent.


Support measures
Rising inflation is also a real challenge in Germany, Europe’s largest economy, where German power prices have surged this year, adding pressure. Also there, higher gas prices are to blame.

“We estimate that the increase in energy prices currently make an average household €735 worse off in 2022 compared to 2020, mostly due to higher gas prices,” Cambridge Econometrics said, in a report focused on Germany.

The German government has introduced a number of support measures in order to help households, businesses and industry to pay energy bills, amid rising heating and electricity costs for consumers, including price caps that are expected to take effect in March next year. Moreover, households’ energy bills for December this year will be paid by the state. According to the report, these interventions will mitigate the impact of higher prices “to some extent”, but the aid measures are forecast to cost the government nearly 5 percent of GDP.


Fossil-fuel effect
In addition to gas, higher coal prices have also pushed up inflation in some countries, and U.S. electricity prices have reached multi-decade highs as inflation endures.

In Poland, which is heavily dependent on coal for electricity generation, fossil fuels accounted for roughly 40 percent of Poland’s overall year-on-year inflation rate in June 2022, which stood at over 14 percent, the consultancy said.

The price of household coal, which is widely used in heating Polish homes, increased by 157 percent between August 2021 and August 2022.

Higher energy prices in Poland are partly due to Polish and EU sanctions against Russian gas and coal. Other drivers are the weakening of the Polish zloty against the U.S. dollar and the euro, and the uptick in global demand after COVID-19 lockdowns, said Cambridge Econometrics.

Electricity prices have risen at a much slower pace than energy for transport and heating, with an annualized increase of 5.1 percent.

 

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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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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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