Lightning strikes leave a lasting impression

By Toronto Star


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"I watch the skies all the time," says Kim McNairn. "I've been leaving my bike, not wanting to head out into the storms we've been having for the past 10 days. Every bit of lightning, every plane overhead, I look. Even though I'm a rational person, a journalist, you still look and hear the sounds again."

The sounds she's referring to were apocalyptic – the roar of lightning under her tent. She was camping with her husband, Globe and Mail reporter Les Perreaux, in northern Quebec when a wild storm broke at around 2 a.m. on July 16, she says by phone from Montreal, where the 32-year-old is producer of the local CBC Radio afternoon show.

"You could hear the thunder getting closer, we were counting the time from lightning to thunder, three seconds, two seconds, one second. It sounded like a bomb. An explosion. I felt it was in my head, right there. Our tent is orange and the light coming in was orange, but there was a bright white light and flashes of blue."

Most horribly, they smelled their hair burning, though when they examined themselves later they found no trace of burns. For a moment they were engulfed in the astonishing and mysterious world of lightning, and they survived.

Lightning's power is ferocious. It can blast the core of giant trees and turn bark to shrapnel; each year it starts some 4,000 forest fires in Canada. It blazes through the sky at thousands of kilometres a second. At 28,000 Celsius, lightning is five times hotter than the surface of the sun.

It can truly be a bolt from the blue, striking more than 16 kilometres from a cumulonimbus, known as the king of the clouds.

For that reason, Canada's weather service is considering changing its lightning recommendations, says meteorologist Geoff Coulson of Environment Canada. The current rule is called 30-30. The first 30 refers to taking shelter if there are fewer than 30 seconds between lightning and thunder. It's a way of estimating distance from the storm – each second represents 300 metres. The second is an instruction to wait 30 minutes after the last thunderclap before returning outdoors.

The new guideline is to take cover as soon as you hear thunder. Phrases like "If the sky roars, get indoors" help keep the rule in mind.

The mystery of lightning encompasses not only McNairn's experience – "Why am I alive after this mythical thing?" – but also the science of the phenomenon.

Lightning is produced when positively and negatively charged bits of ice in a thundercloud become separated and are buffeted by air currents, so that the positive charges move to the top of the cloud and the negative, to the bottom. As the cloud moves over a landscape, it causes an increase in the flow of positive charges from the earth.

What's unclear is precisely why lightning strikes in one place and not another. "It sounds like the most fundamental thing – exactly why lightning goes to the ground, why most of it stays in the clouds," says Martin Uman of the University of Florida, where he is director of the Lightning Research Laboratory. "We don't understand the whole initial process."

The problem is that "you can't be in all parts of the cloud at the same time, and clouds change so rapidly," continues Uman, one of the few world experts on lightning and author of The Art and Science of Lightning Protection, published earlier this year. "It's overwhelming."

In his research, Uman is looking for the source of X-rays emitted by lightning. He and a team of engineering researchers reported earlier this month that as lightning descends from the clouds in stages or steps, up to 50 metres long, there's a burst of X-rays just beneath each step. "We're trying to understand why each step should make X-rays, which are associated with (lightning) propagation," he says.

As the negatively charged "step leader" drops toward the Earth's surface, positively charged streamers (which can rise from something tall, like a tree or even a golfer) leap upward to meet it. An electric current occurs when the two connect and a channel of air lights from the bottom up.

"When you have that tingling feeling, when your hair is standing up, there is a flow of positive charges streaming up to meet that negative charge," says David Phillips, Environment Canada's senior climatologist. "It's a sign you're about to be zapped."

Each year in Canada there are 2 to 3 million lightning strikes, which at their most powerful can carry up to 100 million volts of electricity. Lightning is most common in storm-rich southern Ontario between the Great Lakes and in the foothills of the Rockies, but is almost unknown in the Arctic, a situation that may be changing with the advance of global warming. Windsor is the lightning hot spot among major Canadian cities, while Toronto ranks second.

If it seems there's been more lightning this year, that's because there has been, says Phillips. The 34 hours of thunderstorms in Toronto in June and July are more than four times the number last year. (In Hamilton, the increase is six fold.)

About 10 people are killed each year in Canada from lightning; the cause of death is almost always cardiac arrest. A man was killed in a rowboat recently north of Trois-Rivieres, Que., and a 28-year-old man was fatally struck on July 8 while seeking shelter under a solitary maple tree at Christie Pits.

There were many more lightning deaths in the 1930s, when as many as 50 would perish annually. Now people have high-tech weather forecasts and know more about how to protect themselves.

Lightning strikes across Canada may be viewed, almost in real time, on Environment Canada's Lightning Detection Network's website, which is updated hourly. "We can see right down to the millisecond where it is occurring," says William Burrows, a research scientist for Environment Canada in Edmonton. There are 83 electronic detectors, generally in remote parts of the country, that capture lightning strikes and send the information by satellite to a centre in Tucson and then back to Canada's weather centres, where the data is mapped on a computer screen. The process takes about 40 seconds.

Connected to the U.S. national weather service network, the information is used for aviation safety and weather warnings.

Some 125 Canadians a year sustain serious enough injuries when struck by lightning to require hospitalization.

Phillips says about 70 per cent will recover fully, but among the other 30 per cent, some will have profound neurological impairment. Because of frontal lobe damage they may suffer personality changes, lose the ability to process bits of information simultaneously, be slow to react, and/or have poor short-term memory. As a result, they may isolate themselves.

But Phillips contends everyone who's struck is changed – "You're never the same person."

Kim McNairn has been researching weather the past few weeks, trying to understand what happened to her on their camping trip. In a way, her personality has been recalibrated by her encounter with lightning. "People said, 'There is something different about Kim.' Someone told me later I seemed kind of ZenÂ…. They thought something was wrong because I'm a high-energy person...

"To be in the presence of it and survive, it's so thrillingÂ…. It made me focus my life on what's important. I found myself saying I'm really happy to get another chance. What am I going to do with the time I have?"

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Gulf Power to Provide One-Time Bill Decrease of 40%

Gulf Power 40% One-Time Bill Decrease approved by the Florida Public Service Commission delivers a May fuel credit and COVID-19 relief, cutting residential and business costs across rate classes while supporting budgeting and energy savings.

 

Key Points

PSC-approved fuel credit cutting May electric bills about 40% for homes and 40-55% for businesses as COVID-19 relief.

✅ One-time May fuel credit on customer bills

✅ Residential cut ~40%; business savings 40-55% by rate class

✅ Online tools show daily usage and projected bill

 

Gulf Power announced that the Florida Public Service Commission unanimously approved its request to issue a one-time decrease of approximately 40% for the typical residential customer bill beginning May 1, similar to recent Georgia Power bill reductions seen elsewhere. Business customers will also see a significant one-time decrease of approximately 40-55% in May, depending on usage and rate class.

"We are pleased that the Florida Public Service Commission has approved our request to deliver this savings to our customers when they need it most. We felt that this was the right thing to do, especially during times like these," said Gulf Power President Marlene Santos. "Our customers and communities now more than ever count on the reliable and affordable energy we deliver, and we are pleased that May bills will reflect this additional, significant savings for our customers."

In Florida, fuel savings are typically refunded to customers over the remainder of the year to provide level, predictable bills. However, given the emergent and significant financial challenges facing many customers due to COVID-19, Gulf Power instead sought approval to give customers the total annual savings in their May bill, similar to a lump-sum electricity credit approach, which will be reflected as a line-item fuel credit on their May statement.

New tools to help save energy and money

Many customers are working from home and, in general, staying at home more. More time and extra people in the home will likely increase power usage, which could lead to higher monthly bills.

Gulf Power recently added new tools to our customers' online account portal to help them better understand and manage their energy usage, including their monthly projected bill amount and a breakdown of daily energy usage, which is available for most residential customers*. Customers can now see their previous day's energy usage using their online account portal to help them more easily understand how their previous day's activities impacted energy usage, allowing them to quickly make adjustments to keep bills low. The new projected bill feature is a valuable tool to assist customers in budgeting for their next month's energy bill.

Additional energy-saving tips that can be implemented with no additional cost or equipment are also available. As always, Gulf Power's free online Energy Checkup tool will provide customers with a customized report based on their home's actual energy use.

Helping customers pay their bills

Gulf Power has a long history of working with its customers during difficult times, including periods of pandemic-related energy insecurity, and will continue to do so. Gulf Power encourages customers that are having difficulty paying their energy bill to visit GulfPower.com/help to view available resources that can provide assistance to qualifying customers.

Customers are encouraged to pay their electric bill balance each month to avoid building up a large balance, which they will continue to bear responsibility for. Gulf Power will work with the customer's personal situation and assist with a solution, similar to how utilities in Texas have waived fees during this period, to help customers fulfill their personal responsibility for their Gulf Power balance.

Those who can afford or want to help others who may need assistance with their energy bill can make a donation to Project SHARE in your online customer portal. Project SHARE donations are added to a customer's monthly bill and all contributions are distributed to local offices of The Salvation Army. Customers in need of utility bill assistance can apply for Project SHARE assistance at The Salvation Army office in their county.

Supporting our communities

The Gulf Power Foundation gave $500,000 to United Way organizations across Northwest Florida to assist those most vulnerable during this time, which has helped support food, housing and other essential needs throughout the region. In addition, the Foundation recently made a $10,000 donation to Feeding the Gulf Coast and launched an employee donation campaign to provide food for our neighbors in need, while Entergy emergency relief fund offers a similar example of industry support. In total, Gulf Power and its fellow NextEra Energy companies and employees have so far committed more than $4 million in COVID-19 emergency assistance funds that will be distributed directly to those in need and to partner organizations working on the frontlines of the crisis to provide critical support to the most vulnerable members of the community.

Lower fuel costs are enabling Gulf Power to issue a one-time decrease of approximately 40% for the typical residential customer bill in May, even as FPL faces a hurricane surcharge controversy in the state
- a significant savings amid the ongoing COVID-19 pandemic

Gulf Power will deliver savings to customers through a one-time bill decrease, rather than the standard practice of spreading out savings over the remainder of the year, even as FPL proposes multi-year rate hikes elsewhere

 

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California Gets $500M to Upgrade Power Grid

California Grid Modernization Funding will upgrade transmission and distribution, boost grid resilience, enable renewable energy integration, expand energy storage, and deploy smart grid controls statewide with over $500 million in federal infrastructure investment.

 

Key Points

Federal support to harden California's grid, integrate renewables, add storage, and deploy smart upgrades for reliability.

✅ Strengthens transmission and distribution for wildfire and heat resilience

✅ Integrates solar and wind with storage and advanced grid controls

✅ Deploys smart meters, DER management, and modern cybersecurity

 

California has recently been awarded over $500 million in federal funds to significantly improve and modernize its power grid. This substantial investment marks a pivotal step in addressing the state’s ongoing energy challenges, enhancing grid resilience, and supporting its ambitious climate goals. The funding, announced by federal and state officials, is set to bolster California’s efforts to upgrade its electrical infrastructure, integrate renewable energy sources, and ensure a more reliable and sustainable energy system for its residents.

California's power grid has faced numerous challenges in recent years, including extreme weather events, high energy demand, and an increasing reliance on renewable energy sources. The state's electrical infrastructure has struggled to keep pace with these demands, leading to concerns about reliability, efficiency, and the capacity to handle new energy technologies. The recent federal funding is a critical component of a broader strategy to address these issues and prepare the grid for future demands.

The $500 million in federal funds is part of a larger initiative to support energy infrastructure projects across the United States, including a Washington state grant that strengthens regional infrastructure. The investment aims to modernize aging grid systems, improve energy efficiency, and enhance the integration of renewable energy sources. For California, this funding represents a significant opportunity to address several key areas of concern in its power grid.

One of the primary objectives of the funding is to enhance the resilience of the power grid. California has experienced a series of extreme weather events, including wildfires and heatwaves, driven in part by climate change impacts across the U.S., which have put considerable strain on the electrical infrastructure. The new investment will support projects designed to strengthen the grid’s ability to withstand and recover from these events. This includes upgrading infrastructure to make it more robust and less susceptible to damage from natural disasters.

Another key focus of the funding is the integration of renewable energy sources. California is a leader in the adoption of solar and wind energy, and the state has set ambitious goals for increasing its use of clean energy. However, integrating these variable energy sources into the grid presents technical challenges, including ensuring a stable and reliable power supply. The federal funds will be used to develop and deploy advanced technologies that can better manage and store renewable energy, such as battery storage systems, improving the overall efficiency and effectiveness of the grid.

In addition to resilience and renewable integration, the funding will also support efforts to modernize grid infrastructure. This includes upgrading transmission and distribution systems, implementing smarter electricity infrastructure and smart grid technologies, and enhancing grid management and control systems. These improvements are essential for creating a more flexible and responsive power grid that can meet the evolving needs of California’s energy landscape.

The investment in grid modernization also aligns with California’s broader climate goals. The state has set targets to reduce greenhouse gas emissions and increase the use of clean energy sources as it navigates keeping the lights on during its energy transition. By improving the power grid and supporting the integration of renewable energy, California is making progress toward achieving these goals while also creating jobs and stimulating economic growth.

The allocation of federal funds comes at a crucial time for California. The state has faced significant challenges in recent years, including power outages, energy reliability issues, and increasing energy costs that make repairing California's grid especially complex today. The new funding is expected to address many of these concerns by supporting critical infrastructure improvements and ensuring that the state’s power grid can meet current and future demands.

Federal and state officials have expressed strong support for the funding and its potential impact. The investment is seen as a major step forward in creating a more resilient and sustainable energy system for California. It is also expected to serve as a model for other states facing similar challenges in modernizing their power grids and integrating renewable energy sources.

The federal funding is part of a broader push to address infrastructure needs across the country. The Biden administration has prioritized investment in energy infrastructure, including a $34 million DOE initiative supporting grid improvements, as part of its broader agenda to combat climate change and build a more sustainable economy. The funding for California’s power grid is a reflection of this commitment and an example of how federal resources can support state and local efforts to improve infrastructure and address pressing energy challenges.

In summary, California’s receipt of over $500 million in federal funds represents a significant investment in the state’s power grid. The funding will support efforts to enhance grid resilience, integrate renewable energy sources, and modernize infrastructure. As California continues to face challenges related to extreme weather, energy reliability, and climate goals, this investment will play a crucial role in building a more reliable, efficient, and sustainable energy system. The initiative also highlights the importance of federal support in addressing infrastructure needs and advancing environmental and economic goals.

 

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Canada's Electricity Exports at Risk Amid Growing U.S.-Canada Trade Tensions

US-Canada Electricity Tariff Dispute intensifies as proposed tariffs spur Canadian threats to restrict hydroelectric exports, risking cross-border energy supply, grid reliability, higher electricity prices, and clean energy goals in the Northeast and Midwest.

 

Key Points

Trade clash over tariffs and hydroelectric exports that threatens power supply, prices, and grid reliability.

✅ Potential export curbs on Canadian hydro to US markets

✅ Risks: higher prices, strained grids, reduced clean energy

✅ Diplomacy urged to avoid retaliatory trade measures

 

In early February 2025, escalating trade tensions between the United States and Canada have raised concerns about the future of electricity exports from Canada to the U.S. The potential imposition of tariffs by the U.S. has prompted Canadian officials to consider retaliatory measures, including restricting electricity exports and pursuing high-level talks such as Ford's Washington meeting with federal counterparts.

Background of the Trade Dispute

In late November 2024, President-elect Donald Trump announced plans to impose a 25% tariff on all Canadian products, citing issues related to illegal immigration and drug trafficking. This proposal has been met with strong opposition from Canadian leaders, who view such tariffs as unjustified and detrimental to both economies, even as tariff threats boost support for Canadian energy projects among some stakeholders.

Canada's Response and Potential Retaliatory Measures

In response to the proposed tariffs, Canadian officials have discussed various countermeasures. Ontario Premier Doug Ford has threatened to cut electricity supplies to 1.5 million Americans and ban imports of U.S.-made beer and liquor. Other provinces, such as Quebec and Alberta, are also considering similar actions, though experts advise against cutting Quebec's energy exports due to reliability concerns.

Impact on U.S. Energy Supply

Canada is a significant supplier of electricity to the United States, particularly in regions like the Northeast and Midwest. A reduction or cessation of these exports could lead to energy shortages and increased electricity prices in affected U.S. states, with New York especially vulnerable according to regional assessments. For instance, Ontario exports substantial amounts of electricity to neighboring U.S. states, and any disruption could strain local energy grids.

Economic Implications

The imposition of tariffs and subsequent retaliatory measures could have far-reaching economic consequences. In Canada, industries such as agriculture, manufacturing, and energy could face significant challenges due to reduced access to the U.S. market, even as many Canadians support energy and mineral tariffs as leverage. Conversely, U.S. consumers might experience higher prices for goods and services that rely on Canadian imports, including energy products.

Environmental Considerations

Beyond economic factors, the trade dispute could impact environmental initiatives. Canada's hydroelectric power exports are a clean energy source that helps reduce carbon emissions in the U.S., where policymakers look to Canada for green power to meet targets. A reduction in these exports could lead to increased reliance on fossil fuels, potentially hindering environmental goals.

The escalating trade tensions between the United States and Canada, particularly concerning electricity exports, underscore the complex interdependence of the two nations. While the situation remains fluid, it highlights the need for diplomatic engagement to resolve disputes and maintain the stability of cross-border energy trade.

 

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Energy groups warn Trump and Perry are rushing major change to electricity pricing

DOE Grid Resilience Pricing Rule faces FERC review as energy groups challenge an expedited timeline to reward coal and nuclear for reliability in wholesale markets, impacting natural gas, renewables, baseload economics, and grid pricing.

 

Key Points

A DOE proposal directing FERC to compensate coal and nuclear plants for reliability attributes in wholesale markets.

✅ Industry coalition seeks normal FERC timeline and review

✅ Impacts wholesale pricing, baseload economics, reliability

✅ Request for 90-day comments and reply period

 

A coalition of 11 industry groups is pushing back on Energy Secretary Rick Perry's efforts to quickly implement a major change to the way electric power is priced in the United States.

The Energy Department on Friday proposed a rule that stands to bolster coal and nuclear power plants by forcing the regional markets that set electricity prices to compensate them for the reliability they provide. Perry asked the Federal Energy Regulatory Commission to consider and finalize the rule within 60 days, including a 45-day period during which stakeholders can issue comments.

On Monday, groups representing petroleum, natural gas, electric power and renewable energy interests including ACORE urged FERC to reject the expedited process, as well as the Department of Energy's request that the regulatory commission consider putting in place an interim rule.

They say the time frame is "aggressive" and the department didn't provide adequate justification for fast-tracking a process that could have huge impacts on wholesale electricity markets.

"This is one of the most significant proposed rules in decades related to the energy industry and, if finalized, would unquestionably have significant ramifications for wholesale markets under the Commission's jurisdiction," the groups said in the motion filed with FERC.

"The Energy Industry Associations urge the Commission to reject the proposed unreasonable timelines and instead proceed in a manner that would afford meaningful consideration of public comments and be consistent with the normal deliberative process that it typically affords such major undertakings," they said.

The groups are requesting a 90-day comment period, as well as another period for reply comments. FERC, which has authority to regulate interstate transmission and sale of electricity and natural gas, is not required to decide in favor of the rule but, amid a recent FERC decision that drew industry criticism, must consider it.

Expediting the process or imposing an interim rule is generally limited to emergencies, the groups said. The Energy Department's letter to FERC does not even attempt to establish that an immediate threat to U.S. electricity reliability exists, they allege.

 

  • A coalition of energy industry groups asked regulators to reject a rule proposed by the U.S. Department of Energy on Friday.
  • The rule would bolster coal-fired and nuclear power plants by requiring wholesale markets to compensate them for certain attributes.
  • The groups say the Energy Department proposed "unreasonable timelines" for stakeholders to offer feedback on a rule with "significant ramifications for wholesale markets."

 

The groups cite a recent Energy Department report on grid reliability that concluded: "reliability is adequate today despite the retirement of 11 percent of the generating capacity available in 2002, as significant additions from natural gas, wind, and solar have come online since then."

The Department of Energy did not return a request for comment.

The Energy Department's rule marks a flashpoint in the battle between natural gas-fired and renewable energy and so-called baseload power sources like coal and nuclear.

Separately, coal and business groups have supported the EPA in litigation over the Affordable Clean Energy rule, as documented in legal challenges brought during the rule's defense.

Gas, wind and solar power have eaten into coal and nuclear's share of U.S. electric power generation in recent years. That is thanks to a boom in U.S. gas production that has pushed down prices, the rapid adoption of subsidized renewable energy and President Barack Obama's efforts to mitigate emissions from power plants, which the Trump administration has sought to replace with a tune-up as policies shift.

Electric power is priced in deregulated, wholesale markets in many parts of the country. Utilities typically draw on the cheapest power sources first.

Some worry that the retirement of coal-fired and nuclear power plants undermines the nation's ability to reliably and affordably deliver electricity to households and businesses.

President Donald Trump has vowed to revive the ailing coal industry, declaring an end to the 'war on coal' in public remarks. Trump, Perry and other administration officials reject the consensus among climate scientists that carbon emissions from sources like coal-fired plants are the primary cause of global warming.

 

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Green energy could drive Covid-19 recovery with $100tn boost

Renewable Energy Economic Recovery drives GDP gains, job growth, and climate targets by accelerating clean energy investment, green hydrogen, and grid modernization, delivering high ROI and a resilient, low-carbon transition through stimulus and policy alignment.

 

Key Points

A strategy to boost GDP and jobs by accelerating clean power and green hydrogen while meeting climate goals.

✅ Adds $98tn to global GDP by 2050; $3-$8 return per $1 invested

✅ Quadruples clean energy jobs to 42m; improves health and welfare

✅ Cuts CO2 70% by 2050; enables net-zero via green hydrogen

 

Renewable energy could power an economic recovery from Covid-19 through a green recovery that spurs global GDP gains of almost $100tn (£80tn) between now and 2050, according to a report.

The International Renewable Energy Agency’s new IRENA report found that accelerating investment in renewable energy could generate huge economic benefits while helping to tackle the global climate emergency.

The agency’s director general, Francesco La Camera, said the global crisis ignited by the coronavirus outbreak exposed “the deep vulnerabilities of the current system” and urged governments to invest in renewable energy to kickstart economic growth and help meet climate targets.

The agency’s landmark report found that accelerating investment in renewable energy would help tackle the climate crisis and would in effect pay for itself.

Investing in renewable energy would deliver global GDP gains of $98tn above a business-as-usual scenario by 2050, as clean energy investment significantly outpaces fossil fuels, by returning between $3 and $8 on every dollar invested.

It would also quadruple the number of jobs in the sector to 42m over the next 30 years, and measurably improve global health and welfare scores, according to the report.

“Governments are facing a difficult task of bringing the health emergency under control while introducing major stimulus and recovery measures, as a US power coalition demands action,” La Camera said. “By accelerating renewables and making the energy transition an integral part of the wider recovery, governments can achieve multiple economic and social objectives in the pursuit of a resilient future that leaves nobody behind.”

The report also found that renewable energy could curb the rise in global temperatures by helping to reduce the energy industry’s carbon dioxide emissions by 70% by 2050 by replacing fossil fuels, with measures like a fossil fuel lockdown hastening the shift.

Renewables could play a greater role in cutting carbon emissions from heavy industry and transport to reach virtually zero emissions by 2050, particularly by investing in green hydrogen.

The clean-burning fuel, which can replace the fossil fuel gas in steel and cement making, could be made by using vast amounts of clean electricity to split water into hydrogen and oxygen elements.

Andrew Steer, chief executive of the World Resources Institute, said: “As the world looks to recover from the current health and economic crises, we face a choice: we can pursue a modern, clean, healthy energy system, or we can go back to the old, polluting ways of doing business. We must choose the former.”

The call for a green economic recovery from the coronavirus crisis comes after a warning from Dr Fatih Birol, head of the International Energy Agency, that government policies must be put in place to avoid an investment hiatus in the energy transition, even as the solar and wind industry faces Covid-19 disruptions.

“We should not allow today’s crisis to compromise the clean energy transition, even as wind power growth persists despite Covid-19,” he said. “We have an important window of opportunity.”

Ignacio Galán, the chairman and CEO of the Spanish renewables giant Iberdrola, which owns Scottish Power, said the company would continue to invest billions in renewable energy as well as electricity networks and batteries to help integrate clean energy in the electricity.

“A green recovery is essential as we emerge from the Covid-19 crisis. The world will benefit economically, environmentally and socially by focusing on clean energy,” he said. “Aligning economic stimulus and policy packages with climate goals is crucial for a long-term viable and healthy economy.”

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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