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

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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Germany Energiewende Lessons highlight climate policy tradeoffs, as renewables, wind and solar face grid constraints, coal phase-out delays, rising electricity prices, and public opposition, informing Canada on diversification, hydro, oil and gas, and balanced transition.

Key Points

Insights from Germany's renewable shift on costs, grid limits, and emissions to guide Canada's balanced energy policy.

✅ Evidence: high power prices, delayed coal exit, limited grid buildout

✅ Land, materials, and wildlife impacts challenge wind and solar scale-up

✅ Diversification: hydro, nuclear, gas, and storage balance reliability

News that Greta Thunberg is visiting Alberta should be welcomed by all Canadians.

The teenaged Swedish environmentalist has focused global attention on the climate change debate like never before. So as she tours our province, where selling renewable energy could be Alberta's next big thing, what better time for a reality check than to look at a country that is furthest ahead in already adapting steps that Greta is advocating.

That country is Germany. And it’s not a pretty sight.

Germany embraced the shift toward renewable energy before anyone else, and did so with gusto. The result?

Germany’s largest newsmagazine Der Spiegel published an article on May 3 of this year entitled “A Botched Job in Germany.” The cover showed broken wind turbines and half-finished transition towers against a dark silhouette of Berlin.

Germany’s renewable energy transition, Energiewende, is a bust. After spending and committing a total of US$580 billion to it from 2000 to 2025.

Why is that? Because it’s been a nightmare of foolish dreams based on hope rather than fact, resulting in stalled projects and dreadfully poor returns.

Last year Germany admitted it had to delay its phase-out of coal and would not meet its 2020 greenhouse gas emissions reduction commitment. Only eight per cent of the transmission lines needed to support this new approach to powering Germany have been built.

Opposition to renewables is growing due to electricity prices rising to the point they are now among the highest in the world. Wind energy projects in Germany are now facing the same opposition that pipelines are here in Canada. 

Opposition to renewables in Germany, reports Forbes, is coming from people who live in rural or suburban areas, in opposition to the “urbane, cosmopolitan elites who fetishize their solar roofs and Teslas as a sign of virtue.” Sound familiar?

So, if renewables cannot successfully power Germany, one of the richest and most technologically advanced countries in the world, who can do it better?

The biggest problem with using wind and solar power on a large scale is that the physics just don’t work. They need too much land and equipment to produce sufficient amounts of electricity.

Solar farms take 450 times more land than nuclear power plants to produce the same amount of electricity. Wind farms take 700 times more land than natural gas wells.

The amount of metal required to build these sites is enormous, requiring new mines. Wind farms are killing hundreds of endangered birds.

No amount of marketing or spin can change the poor physics of resource-intensive and land-intensive renewables.

But, wait. Isn’t Norway, Greta’s neighbour, dumping its energy investments and moving into alternative energy like wind farms in a big way?

No, not really. Fact is only 0.8 per cent of Norway’s power comes from wind turbines. The country is blessed with a lot of hydroelectric power, but that’s a historical strength owing to the country’s geography, nothing new.

And yet we’re being told the US$1-trillion Oslo-based Government Pension Fund Global is moving out of the energy sector to instead invest in wind, solar and other alternative energy technologies. According to 350.org activist Nicolo Wojewoda this is “yet another nail in the coffin of the coal, oil, and gas industry.”

Well, no.

Norway’s pension fund is indeed investing in new energy forms, but not while pulling out of traditional investments in oil and gas. Rather, as any prudent fund manager will, they are diversifying by making modest investments in emerging industries such as Alberta's renewable energy surge that will likely pay off down the road while maintaining existing investments, spreading their investments around to reduce risk. Unfortunately for climate alarmists, the reality is far more nuanced and not nearly as explosive as they’d like us to think.

Yet, that’s enough for them to spin this tale to argue Canada should exit oil and gas investment and put all of our money into wind and solar, even as Canada remains a solar power laggard according to experts.

That is not to say renewable energy projects like wind and solar don’t have a place. They do, and we must continue to innovate and research lower-polluting ways to power our societies on the path to zero-emissions electricity by 2035 in Canada.

But like it actually is in Norway, investment in renewables should supplement — not replace — fossil fuel energy systems if we aim for zero-emission electricity in Canada by 2035 without undermining reliability. We need both.

And that’s the message that Greta should hear when she arrives in Canada.

Rick Peterson is the Edmonton-based founder and Beth Bailey is a Calgary-based supporter of Suits and Boots, a national not-for-profit group of investment industry professionals that supports resource sector workers and their families.

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Pakistan Nuclear Energy advances clean power with IAEA guidance, supporting SDGs via electricity generation, nuclear security, and applications in healthcare, agriculture, and COVID-19 testing, as new 1,100 MW reactors near grid connection.

Key Points

Pakistan Nuclear Energy is the nation's atomic program delivering clean electricity, SDGs gains, and IAEA-guided safety.

✅ Two 1,100 MW reactors nearing grid connection

✅ IAEA-aligned safety and nuclear security regime

✅ Nuclear tech supports healthcare, agriculture, COVID-19 tests

Pakistan is utilising its nuclear technology to achieve its full potential by generating electricity, aligning with China's steady nuclear development trends, and attaining socio-economic development goals outlined by the United Nations Sustainable Development Goals.

This was stated by Pakistan Atomic Energy Commission (PAEC) Chairperson Muhammad Naeem on Tuesday while addressing the 64th International Atomic Energy Agency (IAEA) General Conference (GC) which is being held in Vienna from September 21, a forum taking place amid regional milestones like the UAE's first Arab nuclear plant startup as well.

Regarding nuclear security, the PAEC chief stated that Pakistan considered it as a national responsibility and that it has developed a comprehensive and stringent safety and security regime, echoing IAEA praise for China's nuclear security in the region, which is regularly reviewed and upgraded in accordance with IAEA's guidelines.

Many delegates are attending the event through video link due to the novel coronavirus (Covid-19) pandemic.

On the first day of the conference, IAEA Director General Rafael Mariano Grossi highlighted the role of the nuclear watchdog in the monitoring and verification of nuclear activities across the globe, as seen in Barakah Unit 1 at 100% power milestones reported worldwide.

He also talked about the various steps taken by the IAEA to help member states contain the spread of coronavirus such as providing testing kits etc.

In a recorded video statement, the PAEC chairperson said that Pakistan has a mutually beneficial relationship with IAEA, similar to IAEA assistance to Bangladesh on nuclear power development efforts. He also congratulated Ambassador Azzeddine Farhane on his election to become the President of the 64th GC and assured him of Pakistan's full support and cooperation.

Naeem stated that as a clean, affordable and reliable source, nuclear energy can play a key role, with India's nuclear program moving back on track, in fighting climate change and achieving the Sustainable Development Goals (SDGs).

The PAEC chief informed the audience that two 1,100-megawatt (MW) nuclear power plants are near completion and, like the UAE grid connection milestone, are expected to be connected to the national grid next year.

He also highlighted the role of PAEC in generating electricity through nuclear power plants, while also helping the country achieve the socio-economic development goals outlined under the United Nations SDGs through the application of nuclear technology in diverse fields like agriculture, healthcare, engineering and manufacturing, human resource development and other sectors.

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Canada Oil and Gas Emissions Cap sets five-year targets to cut sector emissions toward net-zero by 2050, alongside an EV mandate, carbon pricing signals, and support for carbon capture, clean energy jobs, climate policy.

Key Points

A federal policy to regulate and reduce oil and gas emissions via 5-year targets, reaching net-zero by 2050.

✅ Regulated 5-year milestones to cut oil and gas emissions to net-zero by 2050

✅ Interim EV mandate: 50% by 2030; 100% zero-emission sales by 2035

✅ $2B fund for clean energy jobs in oil- and gas-reliant communities

Liberal Leader Justin Trudeau vowed to regulate total emissions from Canada’s oil and gas producers as he laid out his first major climate change promises of the campaign Sunday, a plan that was welcomed by several environmental and climate organizations.

Trudeau said that if re-elected, the Liberals will set out regulated five-year targets for emissions from oil and gas production to get them to net-zero emissions by 2050, a goal that, according to an IEA report will require more electricity, but also create a $2 billion fund to create jobs in oil and gas-reliant communities in Alberta, Saskatchewan and Newfoundland and Labrador.

“Let’s be realistic, over a quarter of Canada’s emissions come from our oil and gas sector. We need the leadership of these industries to decarbonize our country,” Trudeau said.

“That’s why we’ll make sure oil and gas emissions don’t increase and instead go down with achievable milestones,” while ensuring local economies can prosper.“

The Liberals are also introducing an interim electric vehicle mandate, which will require half the cars sold in Canada to be zero-emission by 2030, and because cleaning up electricity is critical to meeting climate pledges, the policy pairs with power-sector decarbonization, ahead of the final mandated target of 100 per cent by 2035.

Trudeau spoke in Cambridge, Ont., where protesters once again made an appearance amid a visible police presence. Officers carried one woman off the property when she refused to leave when asked.

Trudeau alluded to the protesters and their actions, which included sounding sirens and chanting expletives, as he defended his government’s record on climate change including progress in the electricity sector nationally, and touted its new plan.

“Sirens in the background may remind us that this is a climate emergency. That’s why we will move faster and be bolder,” he said.

Canada’s largest oilsands producers have already committed to reaching net zero greenhouse gas emissions by 2050, but the policy proposed Sunday “calls the oil companies’ bluff” by making those goals a legislated requirement, said Keith Stewart, senior energy strategist with Greenpeace Canada.

The new timeline for electric vehicles also “sends a clear signal to auto companies to get cracking (and build them here),” he said on Twitter, even as proposals like a fully renewable grid by 2030 are debated today. “We’d like to see this happen faster but the shift away from voluntary targets to requirements is big.”

Merran Smith, executive director of Clean Energy Canada, a climate program at Simon Fraser University, said clean electricity, clean transportation and “phasing out oil and gas with accountable milestones” must be key priorities over the next decade, aligning with Canada’s race to net-zero and the role of renewable energy.

“Today’s announcement, which checks all of these boxes, is not just good ambition_it’s good policy. Policy that will drive down carbon pollution and drive up clean job growth and economic competitiveness. It is policy that will drive Canada forward with cleaner cars, power Canada with clean electricity, and invest in businesses that will last such as battery manufacturing, electric vehicle manufacturing and low carbon steel,” Smith said in an email.

Michael Bernstein, executive director of the climate policy organization Clean Prosperity, said the promises laid out Sunday offer a “strong boost” to the federal government’s previous climate commitments.

He said the organization prefers market incentives such as carbon pricing, that spur innovation over further regulation. But since the largest oilsands companies have already committed to reaching net-zero emissions, he said the newly unveiled policy could provide some support.

“ First, I would encourage the Liberal Party to release independent modelling showing the types of emissions reductions they expect to achieve with their new package of policies. Second, many policies are referred to in general terms so I hope the Liberal Party will provide further details in the coming days,” he said.

“Finally, the document does not specifically mention carbon capture or carbon dioxide removal technologies but both technologies will be critical to achieve some of the pledges in today’s announcement, especially reaching net-zero emissions in the oil a gas sector.”

NDP Leader Jagmeet Singh painted the announcement as the latest in a string of “empty promises” from the Liberals on climate change, saying Canada has the highest increase in greenhouse gas emissions among all G7 countries, and that provinces like B.C. risk missing 2050 targets as well, he argued.

“Climate targets mean nothing when you don’t act on them. We can’t afford more of Justin Trudeau’s empty words on climate change,” he said in a statement.

The Trudeau Liberals submitted new targets to the United Nations in July, promising that Canada will curb emissions by 40 to 45 per cent from 2005 levels by 2030, building on the net-zero by 2050 plan announced earlier, officials say.

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BNEF 2019 New Energy Outlook projects surging renewable energy demand, aggressive decarbonization, wind and solar cost declines, battery storage growth, coal phase-out, and power market reform to meet Paris Agreement targets through 2050.

Key Points

Bloomberg's NEO 2019 forecasts power demand, renewables growth, and decarbonization pathways through 2050.

✅ Predicts wind/solar to ~50% of global electricity by 2050

✅ Foresees coal decline; Asia transitions slower than Europe

✅ Calls for power market reform and battery integration

In a report that examines the ways in which renewable energy demand is expected to increase, Bloomberg New Energy Finance (BNEF) finds that “aggressive decarbonization” will be required beyond 2030 to meet the temperature goals of the Paris Agreement on climate change.

Focusing on electricity, BNEF’s 2019 New Energy Outlook (NEO) predicts a 62% increase in global power demand, leading to global generating capacity tripling between now and 2050, when wind and solar are expected to make up almost 50% of world electricity, as wind and solar gains indicate, due to decreasing costs.

The report concludes that coal will collapse everywhere except Asia, and, by 2032, there will be more wind and solar electricity than coal-fired electricity. It forecasts that coal’s role in the global power mix will decrease from 37% today, as renewables surpass 30% globally, to 12% by 2050 with the virtual elimination of oil as a power-generating source.

Highlighting regional differences, the report finds that:

Western European economies are already on a strong decarbonization path due to carbon pricing and strong policy support, with offshore wind costs dropping bolstering progress;

by 2040, renewables will comprise 90% of the electricity mix in Europe, with wind and solar accounting for 80%;

the US, with low-priced natural gas, and China, with its coal-fired plants, will transition more slowly even as 30% from wind and solar becomes feasible; and

China’s power sector emissions will peak in 2026 and then fall by more than half over the next 20 years, as solar PV growth accelerates, with wind and solar increasing from 8% to 48% of total electricity generation by 2050.

Power markets must be reformed to ensure wind, solar and batteries are properly remunerated for their contributions to the grid.

The 2019 report finds that wind and solar now represent the cheapest option for adding new power-generating capacity in much of the world, amid record-setting momentum, which is expected to attract USD 13.3 trillion in new investment. While solar, wind, batteries and other renewables are expected to attract USD 10 trillion in investment by 2050, the report warns that curbing emissions will require other technologies as well.

Speaking about the report, Matthias Kimmel, NEO 2019 lead analyst, said solar photovoltaic modules, wind turbines and lithium-ion batteries are set to continue on aggressive cost reduction curves of 28%, 14% and 18%, respectively, for every doubling in global installed capacity. He explained that by 2030, energy generated or stored and dispatched by these technologies will undercut electricity generated by existing coal and gas plants.

To achieve this level of transition and decarbonization, the report stresses, power markets must be reformed to ensure wind, solar and batteries are “properly remunerated for their contributions to the grid.”

Additionally, the 2019 NEO includes a number of updates such as:

• new scenarios on global warming of 2°C above preindustrial levels, electrified heat and road transport, and an updated coal phase-out scenario;
• new sections on coal and gas power technology, the future grid, energy access, and costs related to decarbonization technology such as carbon capture and storage (CCS), biogas, hydrogen fuel cells, nuclear and solar thermal;
• sub-national results for China;
• the addition of commercial electric vehicles;
• an expanded air-conditioning analysis; and
• modeling of Brazil, Mexico, Chile, Turkey and Southeast Asia in greater detail.

Every year, the NEO compares the costs of competing energy technologies, informing projections like US renewables at one-fourth in the near term. The 2019 report brought together 65 market and technology experts from 12 countries to provide their views on how the market might evolve.

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