Board enacts controls on wind farms

By The Buffalo News


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The Town Board has unanimously embraced a zoning amendment setting standards for the development of wind farms.

Allegany is the second town in Cattaraugus County to open the door to wind-energy facilities. The Town Board approved the measure. The Town of Farmersville, which has no zoning, earlier this year adopted a law establishing a permitting process for wind farms. To date, the interested developer, Noble Environmental, has not submitted a permit application.

The Allegany amendment reserves the townÂ’s right to opt out of a 15-year property-tax exemption under state real property law, and also reserves a payment-in-lieu-of-taxes option, with funding distribution to be controlled by the town.

The Cattaraugus County Legislature, in anticipation of future development of wind-generated power plants, will vote in September on its own tax-revenue option to generate income from alternative energy facilities. If that law passes, the county will assess and tax wind-farm facilities as property.

“We’re a pro-business and pro-development type of board, but we’re not so gung-ho about giving out tax exemptions like they did in the ’90s,” said Allegany Supervisor Patrick H. Eaton. “We know how the system works. Property owners can pay their taxes, and the guy coming in off the street with a silk suit can pay their fair share of taxes, too.”

Allegany enacted a moratorium on wind-energy projects while the Planning Board drew up a proposed zoning amendment that would allow for special-use permit approval. Everpower Renewables, according to officials, is considering placing a wind farm in a sparsely populated area of the town known as Chipmonk, where a single property owner controls about 25,000 acres of timber.

On Wednesday, Eaton said he hopes property owners considering easements for wind-energy facilities will talk to several firms before signing contracts, adding that property owners should have the right to make some money on their land without excessive government controls.

The amendment generated both support and opposition from residents attending meetings and hearings on the issue over the past year.

Eaton said he had expected a packed house for the vote but was surprised at the low turnout and lack of emotion.

Absent from the meeting was Don Black, leader of the Allegany Wind Farm Committee, along with most of his 43-member group of property owners opposed to the project. Black said that most Allegany Wind Farm Committee members believed the zoning amendment would have passed even if 50 or 60 people turned out.

“We’re not opposed to windmills because I’m sure there’s a place for them, but we felt that Allegany isn’t the place for them. Some development may not be the best development,” he said.

The new zoning provisions require wind farm developers to present an engineering report that will determine adequacy of setbacks, risks of ice throw and tower collapse, and also call for a visual and noise analysis.

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Electricity Grids Can Handle Electric Vehicles Easily - They Just Need Proper Management

EV Grid Capacity Management shows how smart charging, load balancing, and off-peak pricing align with utility demand response, DC fast charging networks, and renewable integration to keep national electricity infrastructure reliable as EV adoption scales

 

Key Points

EV Grid Capacity Management schedules charging and balances load to keep EV demand within utility capacity.

✅ Off-peak pricing and time-of-use tariffs shift charging demand.

✅ Smart chargers enable demand response and local load balancing.

✅ Gradual EV adoption allows utilities to plan upgrades efficiently.

 

One of the most frequent concerns you will see from electric vehicle haters is that the electricity grid can’t possibly cope with all cars becoming EVs, or that EVs will crash the grid entirely. However, they haven’t done the math properly. The grids in most developed nations will be just fine, so long as the demand is properly management. Here’s how.

The biggest mistake the social media keyboard warriors make is the very strange assumption that all cars could be charging at once. In the UK, there are currently 32,697,408 cars according to the UK Department of Transport. The UK national grid had a capacity of 75.8GW in 2020. If all the cars in the UK were EVs and charging at the same time at 7kW (the typical home charger rate), they would need 229GW – three times the UK grid capacity. If they were all charging at 50kW (a common public DC charger rate), they would need 1.6TW – 21.5 times the UK grid capacity. That sounds unworkable, and this is usually the kind of thinking behind those who claim the UK grid can't cope with EVs.

What they don’t seem to realize is that the chances of every single car charging all at once are infinitesimally low. Their arguments seem to assume that nobody ever drives their car, and just charges it all the time. If you look at averages, the absurdity of this position becomes particularly clear. The distance each UK car travels per year has been slowly dropping, and was 7,400 miles on average in 2019, again according to the UK Department of Transport. An EV will do somewhere between 2.5 and 4.5 miles per kWh on average, so let’s go in the middle and say 3.5 miles. In other words, each car will consume an average of 2,114kWh per year. Multiply that by the number of cars, and you get 69.1TWh. But the UK national grid produced 323TWh of power in 2019, so that is only 21.4% of the energy it produced for the year. Before you argue that’s still a problem, the UK grid produced 402TWh in 2005, which is more than the 2019 figure plus charging all the EVs in the UK put together. The capacity is there, and energy storage can help manage EV-driven peaks as well.

Let’s do the same calculation for the USA, where an EV boom is about to begin and planning matters. In 2020, there were 286.9 million cars registered in America. In 2020, while the US grid had 1,117.5TW of utility electricity capacity and 27.7GW of solar, according to the US Energy Information Administration. If all the cars were EVs charging at 7kW, they would need 2,008.3TW – nearly twice the grid capacity. If they charged at 50kW, they would need 14,345TW – 12.8 times the capacity.

However, in 2020, the US grid generated 4,007TWh of electricity. Americans drive further on average than Brits – 13,500 miles per year, according to the US Department of Transport’s Federal Highway Administration. That means an American car, if it were an EV, would need 3,857kWh per year, assuming the average efficiency figures above. If all US cars were EVs, they would need a total of 1,106.6TWh, which is 27.6% of what the American grid produced in 2020. US electricity consumption hasn’t shrunk in the same way since 2005 as it has in the UK, but it is clearly not unfeasible for all American cars to be EVs. The US grid could cope too, even as state power grids face challenges during the transition.

After all, the transition to electric isn’t going to happen overnight. The sales of EVs are growing fast, with for example more plug-ins sold in the UK in 2021 so far than the whole of the previous decade (2010-19) put together. Battery-electric vehicles are closing in on 10% of the market in the UK, and they were already 77.5% of new cars sold in Norway in September 2021. But that is new cars, leaving the vast majority of cars on the road fossil fuel powered. A gradual introduction is essential, too, because an overnight switchover would require a massive ramp up in charge point installation, particularly devices for people who don’t have the luxury of home charging. This will require considerable investment, but could be served by lots of chargers on street lamps, which allegedly only cost £1,000 ($1,300) each to install, usually with no need for extra wiring.

This would be a perfectly viable way to provide charging for most people. For example, as I write this article, my own EV is attached to a lamppost down the street from my house. It is receiving 5.5kW costing 24p (32 cents) per kWh through SimpleSocket, a service run by Ubitricity (now owned by Shell) and installed by my local London council, Barnet. I plugged in at 11am and by 7.30pm, my car (which was on about 28% when I started) will have around 275 miles of range – enough for a couple more weeks. It will have cost me around £12 ($16) – way less than a tank of fossil fuel. It was a super-easy process involving the scanning of a QR code and entering of a credit card, very similar to many parking systems nowadays. If most lampposts had one of these charging plugs, not having off-street parking would be no problem at all for owning an EV.

With most EVs having a range of at least 200 miles these days, and the average mileage per day being 20 miles in the UK (the 7,400-mile annual figure divided by 365 days) or 37 miles in the USA, EVs won’t need charging more than once a week or even every week or two. On average, therefore, the grids in most developed nations will be fine. The important consideration is to balance the load, because if too many EVs are charging at once, there could be a problem, and some regions like California are looking to EVs for grid stability as part of the solution. This will be a matter of incentivizing charging during off-peak times such as at night, or making peak charging more expensive. It might also be necessary to have the option to reduce charging power rates locally, while providing the ability to prioritize where necessary – such as emergency services workers. But the problem is one of logistics, not impossibility.

There will be grids around the world that are not in such a good place for an EV revolution, at least not yet, and some critics argue that policies like Canada's 2035 EV mandate are unrealistic. But to argue that widespread EV adoption will be an insurmountable catastrophe for electricity supply in developed nations is just plain wrong. So long as the supply is managed correctly to make use of spare capacity when it’s available as much as possible, the grids will cope just fine.

 

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Notley announces plans to move Alberta's electricity grid to net-zero by 2035 if elected

Alberta NDP Net-Zero Electricity Plan targets a 2035 clean grid, expands renewable energy, cuts emissions, creates jobs, and boosts economic diversification and rural connectivity, aligning Alberta with Canada's 2050 climate goals.

 

Key Points

A policy to achieve a net-zero electricity grid by 2035, advance renewable energy, cut emissions, and grow jobs.

✅ Net-zero electricity grid target set for 2035

✅ Scales renewable energy and emissions reductions

✅ Focus on jobs, rural connectivity, and diversification

 

Ahead of the NDP’s weekend convention, Alberta’s Opposition leader has committed to transforming the province’s energy sector and moving the province’s electricity grid to net-zero by 2035, despite debate over the federal 2035 net-zero electricity grid target in other provinces, should an orange crush wash over Alberta in the next election.

NDP Leader Rachel Notley said they would achieve this as part of the path towards Canada’s 2050 net-zero emissions goal, aligning with broader clean grids trends, which will help preserve and create jobs in the province.

“I think it’s an important goal. It’s a way of framing the work that we’re going to do within our energy industry and our energy sector, including how Alberta produces and pays for electricity going forward,” said Notley. “We know the world is moving toward different objectives and we still have the ability to lead on that front, but we need to lay down the markers early and focus on reaching those goals.”

Premier Jason Kenney has previously called the 2050 target “aspirational,” and, as the electricity sector faces profound change in Alberta, Notley said, once the work begins, it’s likely they would meet the objective earlier than proposed to reduce greenhouse gas emissions that contribute to global warming.

This is just one key issue that will be addressed at the party’s online convention, which is the first since the NDP’s defeat by the UCP in the last provincial election. Notley said other key issues will address economic diversification, economic recovery, job creation and social issues, as Alberta’s electricity market is headed for a reshuffle too. The focus, as she puts it, is “jobs, jobs, jobs.”

Attendees will also debate more than 140 policy resolutions over the weekend, including the development of a safe supply drug policy, banning coal mining in the Rocky Mountains and providing paid sick leave for workers.

Outside the formal agenda, debate over electricity market competition continues in Alberta as stakeholders weigh options.

Notley said an area of growing focus for the NDP will be rural Alberta, which is typically a conservative stronghold. One panel presentation during the convention will focus on connecting and building relationships with rural Albertans and growing the NDP profile in those areas.

“We think that we have a lot to offer rural Alberta and that, quite frankly, the UCP and (Kenney), in particular, have profoundly taken rural Alberta for granted,” she said. “Because of that, we think with a renewed energy amongst our membership to go out to parts of the province where we haven’t been previously as active, and talk about what they have been subjected to in the last two years, that we have huge opportunities there.”

Delegates will be asked to support a call for high-speed internet coverage across Alberta, which would remove barriers to access in rural Alberta and Indigenous communities, said the convention guidebook.

The convention comes as the NDP has a wide lead on the UCP, according to the latest polls. A Leger online survey of 1,001 Albertans conducted between March 5 to 8 found 40 per cent of respondents support the NDP, compared to just 20 per cent for the UCP.

Notley said it’s “encouraging” to see, but they aren’t taking anything for granted.

“I’ve always believed that Alberta Democrats have to work twice as hard as anybody else in the political spectrum, or the political arena,” she said. “So what we’re going to do is continue to do exactly what we have been, not only being a strong and I would argue fearless Opposition, but also trying to match every oppositional position with something that is propositional — offering Albertans a different vision, including an Alberta path to clean electricity where possible.”

 

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Wind power making gains as competitive source of electricity

Canada Wind Energy Costs are plunging as renewable energy auctions, CfD contracts, and efficient turbines drive prices to 2-4 cents/kWh across Alberta and Saskatchewan, outcompeting grid power via competitive bidding and improved capacity factors.

 

Key Points

Averaging 2-4 cents/kWh via auctions, CfD support, and bigger turbines, wind is now cost-competitive across Canada.

✅ Alberta CfD bids as low as 3.9 cents/kWh.

✅ Turbine outputs rose from 1 MW to 3.3 MW per tower.

✅ Competitive auctions cut costs ~70% over nine years.

 

It's taken a decade of technological improvement and a new competitive bidding process for electrical generation contracts, but wind may have finally come into its own as one of the cheapest ways to create power.

Ten years ago, Ontario was developing new wind power projects at a cost of 28 cents per kilowatt hour (kWh), the kind of above-market rate that the U.K., Portugal and other countries were offering to try to kick-start development of renewables. 

Now some wind companies say they've brought generation costs down to between 2 and 4 cents — something that appeals to provinces that are looking to significantly increase their renewable energy deployment plans.

The cost of electricity varies across Canada, by province and time of day, from an average of 6.5 cents per kWh in Quebec to as much as 15 cents in Halifax.

Capital Power, an Edmonton-based company, recently won a contract for the Whitla 298.8-megawatt (MW) wind project near Medicine Hat, Alta., with a bid of 3.9 cents per kWh, at a time when three new solar facilities in Alberta have been contracted at lower cost than natural gas, underscoring the trend. That price covers capital costs, transmission and connection to the grid, as well as the cost of building the project.

Jerry Bellikka, director of government relations, said Capital Power has been building wind projects for a decade, in the U.S., Alberta, B.C. and other provinces. In that time the price of wind generation equipment has been declining continually, while the efficiency of wind turbines increases.

 

Increased efficiency

"It used to be one tower was 1 MW; now each turbine generates 3.3 MW. There's more electricity generated per tower than several years ago," he said.

One wild card for Whitla may be steel prices — because of the U.S. and Canada slapping tariffs on one other's steel and aluminum products. Whitla's towers are set to come from Colorado, and many of the smaller components from China.

 

Canada introduces new surtaxes to curb flood of steel imports

"We haven't yet taken delivery of the steel. It remains to be seen if we are affected by the tariffs." Belikka said.

Another company had owned the site and had several years of meteorological data, including wind speeds at various heights on the site, which is in a part of southern Alberta known for its strong winds.

But the choice of site was also dependent on the municipality, with rural Forty Mile County eager for the development, Belikka said.

 

Alberta aims for 30% electricity from wind by 2030

Alberta wants 30 per cent of its electricity to come from renewable sources by 2030 and, as an energy powerhouse, is encouraging that with a guaranteed pricing mechanism in what is otherwise a market-bidding process.

While the cost of generating energy for the Alberta Electric System Operator (AESO) fluctuates hourly and can be a lot higher when there is high demand, the winners of the renewable energy contracts are guaranteed their fixed-bid price.

The average pool price of electricity last year in Alberta was 5 cents per kWh; in boom times it rose to closer to 8 cents. But if the price rises that high after the wind farm is operating, the renewable generator won't get it, instead rebating anything over 3.9 cents back to the government.

On the other hand, if the average or pool price is a low 2 cents kWh, the province will top up their return to 3.9 cents.

This contract-for-differences (CfD) payment mechanism has been tested in renewable contracts in the U.K. and other jurisdictions, including some U.S. states, according to AESO.

 

Competitive bidding in Saskatchewan

In Saskatchewan, the plan is to double its capacity of renewable electricity, to 50 per cent of generation capacity, by 2030, and it uses an open bidding system between the private sector generator and publicly owned SaskPower.

In bidding last year on a renewable contract, 15 renewable power developers submitted bids, with an average price of 4.2 cents per kWh.

One low bidder was Potentia with a proposal for a 200 MW project, which should provide electricity for 90,000 homes in the province, at less than 3 cents kWh, according to Robert Hornung of the Canadian Wind Energy Association.

"The cost of wind energy has fallen 70 per cent in the last nine years," he says. "In the last decade, more wind energy has been built than any other form of electricity."

Ontario remains the leading user of wind with 4,902 MW of wind generation as of December 2017, most of that capacity built under a system that offered an above-market price for renewable power, put in place by the previous Liberal government.

In June of last year, the new Conservative government of Doug Ford halted more than 700 renewable-energy projects, one of them a wind farm that is sitting half-built, even as plans to reintroduce renewable projects continue to advance.

The feed-in tariff system that offered a higher rate to early builders of renewable generation ended in 2016, but early contracts with guaranteed prices could last up to 20 years.

Hornung says Ontario now has an excess of generating capacity, as it went on building when the 2008-9 bust cut market consumption dramatically.

But he insists wind can compete in the open market, offering low prices for generation when Ontario needs new  capacity.

"I expect there will be competitive processes put in place. I'm quite confident wind projects will continue to go ahead. We're well positioned to do that."

 

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India's electricity demand falls at the fastest pace in at least 12 years

India Industrial Output Slowdown deepens as power demand slumps, IIP contracts, and electricity, manufacturing, and mining weaken; capital goods plunge while RBI rate cuts struggle to lift GDP growth, infrastructure, and fuel demand.

 

Key Points

A downturn where IIP contracts as power demand, manufacturing, mining, and capital goods fall despite RBI rate cuts.

✅ IIP fell 4.3% in Sep, worst since Feb 2013.

✅ Power demand dropped for a third month, signaling weak industry.

✅ Capital goods output plunged 20.7%, highlighting weak investment.

 

India's power demand fell at the fastest pace in at least 12 years in October, signalling a continued decline in the industrial output, mirroring how China's power demand dropped when plants were shuttered, according to government data. Electricity has about 8% weighting in the country's index for industrial production.

India needs electricity to fuel its expanding economy and has at times rationed coal supplies when demand surged, but a third decline in power consumption in as many months points to tapering industrial activity in a nation that aims to become a $5 trillion economy by 2024.

India's industrial output fell at the fastest pace in over six years in September, adding to a series of weak indicators that suggests that the country’s economic slowdown is deep-rooted and interest rate cuts alone may not be enough to revive growth.

Annual industrial output contracted 4.3% in September, government data showed on Monday. It was the worst performance since a 4.4% contraction in February 2013, according to Refinitiv data.

Analysts polled by Reuters had forecast industrial output to fall 2% for the month.

“A contraction of industrial production by 4.3% in September is serious and indicative of a significant slowdown as both investment and consumption demand have collapsed,” said Rupa Rege Nitsure, chief economist of L&T Finance Holdings.

The industrial output figure is the latest in a series of worrying economic data in Asia's third largest economy, which is also the world's third-largest electricity producer as well.

Economists say that weak series of data could mean economic growth for July-September period will remain near April-June quarter levels of 5%, which was a six-year low, and some analysts argue for rewiring India's electricity to bolster productivity. The Indian government is likely to release April-September economic growth figures by the end of this month.

Subdued inflation and an economic slowdown have prompted the Reserve Bank of India (RBI) to cut interest rates by a total of 135 basis points this year, while coal and electricity shortages eased in recent months.

“These are tough times for the RBI, as it cannot do much about it but there will be pressures on it to act ...Blunt tools like monetary policy may not be effective anymore,” Nitsure said.

Data showed in September mining sector fell 8.5%, while manufacturing and electricity fell 3.9% and 2.6% respectively, even as imported coal volumes rose during April-October. Capital goods output during the month fell 20.7%, indicating sluggish demand.

“IIP (Index of Industrial Production) growth in October 2019 is also likely to be in negative territory and only since November 2019 one can expect mild IIP expansion, said Devendra Kumar Pant, Chief Economist and Senior Director, Public Finance, India Ratings & Research (Fitch Group).

Infrastructure output, which comprises eight main sectors, in September showed a contraction of 5.2%, the worst in 14 years, even as global daily electricity demand fell about 15% during pandemic lockdowns.

India's fuel demand fell to its lowest in more than two years in September, with consumption of diesel to its lowest levels since January 2017. Diesel and gasoline together make up over 7.4% of the IIP weightage.

In 2019/20 India's fuel demand — also seen as an indicator of economic and industrial activity — is expected to post the slowest growth in about six years.

 

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Ukraine has electricity reserves, no more outages planned if no new strikes

Ukraine Electricity Outages may pause as the grid stabilizes, with energy infrastructure repairs, generators, and reserves supporting supply; officials cite no rationing absent new Russian strikes, while Odesa networks recover and Ukrenergo completes restoration works.

 

Key Points

Planned power cuts in Ukraine paused as grid capacity, repairs, and reserves improve, barring new strikes.

✅ No rationing if Russia halts strikes on energy infrastructure

✅ Grid repairs and reserves meet demand for third straight week

✅ Odesa networks restored; Ukrenergo crews redeploy to repairs

 

Ukraine plans no more outages to ration electricity if there are no new strikes and has been able to amass some power reserves, the energy minister said on Saturday, as it continues to keep the lights on despite months of interruptions caused by Russian bombings.

"Electricity restrictions will not be introduced, provided there are no Russian strikes on infrastructure facilities," Energy Minister Herman Halushchenko said in remarks posted on the ministry's Telegram messaging platform.

"Outages will only be used for repairs."

After multiple battlefield setbacks and scaling down its troop operation to Ukraine's east and south, Russia in October began bombing the country's energy infrastructure, as winter loomed over the battlefront, leaving millions without power and heat for days on end.

The temperature in winter months often stays below freezing across most of Ukraine. Halushchenko said this heating season has been extremely difficult.

"But our power engineers managed to maintain the power system, and for the third week in a row, electricity generation has ensured consumption needs, we have reserves," Halushchenko said.

Ukraine, which does not produce power generators itself, has imported and received thousands of them over the past few years, with the U.S. pledging a further $10 billion on Friday to aid Kyiv's energy needs, despite ended grid restoration support reported earlier.

Separately, the chief executive of state grid operator Ukrenergo, Volodymyr Kudrytskyi, said that repair works on the damaged infrastructure in the city of Odesa suffered earlier this month, has been finished, highlighting how Ukraine has even helped Spain amid blackouts while managing its own network challenges.

"Starting this evening, there is more light in Odesa," Kudrytskyi wrote on his Facebook page. "The crews that worked on restoring networks are moving to other facilities."

A Feb. 4 fire that broke out at an overloaded power station left hundreds of thousands of residents without electricity, prompting many to adopt new energy solutions to cope with outages.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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