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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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Grid Transformer Waste Heat Recovery turns substations into neighborhood boilers, supplying district heating via heat networks, helping National Grid and SSE cut emissions, boost energy efficiency, and advance low carbon, net zero decarbonization.

Key Points

Grid Transformer Waste Heat Recovery captures substation heat for district heating, cutting emissions and gas use.

✅ Captures waste heat from National Grid transformers

✅ Feeds SSE district heat networks for nearby homes

✅ Cuts carbon, improves efficiency, aligns with net zero

Thousands of homes could soon be warmed by the heat from giant electricity grid transformers for the first time as part of new plans to harness “waste heat” and cut carbon emissions from home heating.

Trials are due to begin on how to capture the heat generated by transmission network transformers, owned by National Grid, to provide home heating for households connected to district heating networks operated by SSE.

Currently, hot air is vented from the giant substations to help cool the transformers that help to control the electricity running through National Grid’s high-voltage transmission lines.

However, if the trial succeeds, about 1,300 National Grid substations could soon act as neighbourhood “boilers”, piping water heated by the substations into nearby heating networks, and on into the thousands of homes that use SSE’s services.

“Electric power transformers generate huge amounts of heat as a byproduct when electricity flows through them. At the moment, this heat is just vented directly into the atmosphere and wasted,” said Nathan Sanders, the managing director of SSE Energy Solutions.

“This groundbreaking project aims to capture that waste heat and effectively turn transformers into community ‘boilers’ that serve local heat networks with a low- or even zero-carbon alternative to fossil-fuel-powered heat sources such as gas boilers, a shift akin to a gas-for-electricity swap in heating markets,” Sanders added.

Alexander Yanushkevich, National Grid’s innovation manager, said the scheme was “essential to achieve net zero” and a “great example of how, taking a whole-system approach, including power-to-gas in Europe precedents, the UK can lead the way in helping accelerate decarbonisation”.

The energy companies believe the scheme could initially reduce heat network carbon emissions by more than 40% compared with fossil gas systems. Once the UK’s electricity system is zero carbon, and with recent milestones where wind was the main source of UK electricity on the grid, the heating solution could play a big role in helping the UK meet its climate targets.

The first trials have begun at National Grid’s specially designed testing site at Deeside in Wales to establish how the waste heat could be used in district heating networks. Once complete, the intellectual property will be shared with smaller regional electricity network owners, which may choose to roll out schemes in their areas.

Tim O’Reilly, the head of strategy at National Grid, said: “We have 1,300 transmission transformers, but there’s no reason why you couldn’t apply this technology to smaller electricity network transformers, too, echoing moves to use more electricity for heat in colder regions.”

Once the trials are complete, National Grid and SSE will have a better idea of how many homes could be warmed using the heat generated by electricity network substations, O’Reilly said, and how the heat can be used in ways that complement virtual power plants for grid resilience.

“The heavier the [electricity] load, which typically reaches a peak at around teatime, the more heat energy the transformer will be able to produce, aligning with times when wind leads the power mix nationally. So it fits quite nicely to when people require heat in the evenings,” he added.

Other projects designed to capture waste heat to use in district heating schemes include trapping the heat generated on the Northern line of London’s tube network to warm homes in Islington, and harnessing the geothermal heat from disused mines for district heating networks in Durham.

Only between 2% and 3% of the UK is connected to a district heating network, but more networks are expected to emerge in the years ahead as the UK tries to reduce the carbon emissions from homes, alongside its nuclear power plans in the wider energy strategy.

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Hydro One Q2 Earnings show lower net income and EPS as mild weather curbed electricity demand; revenue missed Refinitiv estimates, while tree-trimming costs rose and the dividend remained unchanged for Ontario's grid operator.

Key Points

Hydro One Q2 earnings fell to $155M, EPS $0.26, revenue $1.41B; costs rose, demand eased, dividend held at $0.2415.

✅ Net income $155M; EPS $0.26 vs $0.34 prior year

✅ Revenue $1.41B; missed $1.44B estimate

✅ Dividend steady at $0.2415 per share

Hydro One Ltd.'s (H.TO 0.25%) second-quarter profit fell by nearly 23 per cent from last year to $155 million as the electricity utility reported spending more on tree-trimming work due to milder temperatures that also saw customers using less power, notwithstanding other periods where a one-time court ruling gain shaped quarterly results.

The Toronto-based company - which operates most of Ontario's power grid - and whose regulated rates are subject to an OEB decision, says its net earnings attributable to shareholders dropped to 26 cents per share from 34 cents per share when Hydro One had $200 million in net income.

Adjusted net income was also 26 cents per share, down from 33 cents per diluted share in the second quarter of 2018, while executive pay, including the CEO salary, drew public scrutiny during the period.

Revenue was $1.41 billion, down from $1.48 billion, while revenue net of purchased power was $760 million, down from $803 million, and across the sector, Manitoba Hydro's debt has surged as well.

Separately, Ontario introduced a subsidized hydro plan and tax breaks to support economic recovery from COVID-19, which could influence consumption patterns.

Analysts had estimated $1.44 billion of revenue and 27 cents per share of adjusted income, and some investors cite too many unknowns in evaluating the stock, according to financial markets data firm Refinitiv.

The publicly traded company, which saw a share-price drop after leadership changes and of which the Ontario government is the largest shareholder, says its quarterly dividend will remain at 24.15 cents per share for its next payment to shareholders in September.

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Negative Electricity Prices in France signal oversupply from wind and solar, stressing the wholesale market and grid. Better storage, demand response, and interconnections help balance renewables and stabilize prices today.

Key Points

They occur when renewable output exceeds demand, pushing power prices below zero as excess energy strains the grid.

✅ Driven by wind and solar surges with low demand

✅ Challenges thermal plants; erodes margins at negative prices

✅ Needs storage, demand response, and cross-border interties

France has recently experienced an unusual and unprecedented situation in its electricity market: negative electricity prices. This development, driven by a significant influx of renewable energy sources, highlights the evolving dynamics of energy markets as countries increasingly rely on clean energy technologies. The phenomenon of negative pricing reflects both the opportunities and renewable curtailment challenges associated with the integration of renewable energy into national grids.

Negative electricity prices occur when the supply of electricity exceeds demand to such an extent that producers are willing to pay consumers to take the excess energy off their hands. This situation typically arises during periods of high renewable energy generation coupled with low energy demand. In France, this has been driven primarily by a surge in wind and solar power production, which has overwhelmed the grid and created an oversupply of electricity.

The recent surge in renewable energy generation can be attributed to a combination of favorable weather conditions and increased capacity from new renewable energy installations. France has been investing heavily in wind and solar energy as part of its commitment to reducing greenhouse gas emissions and transitioning towards a more sustainable energy system, in line with renewables surpassing fossil fuels in Europe in recent years. While these investments are essential for achieving long-term climate goals, they have also led to challenges in managing energy supply and demand in the short term.

One of the key factors contributing to the negative prices is the variability of renewable energy sources. Wind and solar power are intermittent by nature, meaning their output can fluctuate significantly depending on weather conditions, with solar reshaping price patterns in Northern Europe as deployment grows. During times of high wind or intense sunshine, the electricity generated can far exceed the immediate demand, leading to an oversupply. When the grid is unable to store or export this excess energy, prices can drop below zero as producers seek to offload the surplus.

The impact of negative prices on the energy market is multifaceted. For consumers, negative prices can lead to lower energy costs as wholesale electricity prices fall during oversupply, and even potential credits or payments from energy providers. This can be a welcome relief for households and businesses facing high energy bills. However, negative prices can also create financial challenges for energy producers, particularly those relying on conventional power generation methods. Fossil fuel and nuclear power plants, which have higher operating costs, may struggle to compete when prices are negative, potentially affecting their profitability and operational stability.

The phenomenon also underscores the need for enhanced energy storage and grid management solutions. Excess energy generated from renewable sources needs to be stored or redirected to maintain grid stability and avoid negative pricing situations. Advances in battery storage technology, such as France's largest battery storage platform, and improvements in grid infrastructure are essential to addressing these challenges and optimizing the integration of renewable energy into the grid. By developing more efficient storage solutions and expanding grid capacity, France can better manage fluctuations in renewable energy production and reduce the likelihood of negative prices.

France's experience with negative electricity prices is part of a broader trend observed in other countries with high levels of renewable energy penetration. Similar situations have occurred in Germany, where solar plus storage is now cheaper than conventional power, the United States, and other regions where renewable energy capacity is rapidly expanding. These instances highlight the growing pains associated with transitioning to a cleaner energy system and the need for innovative solutions to balance supply and demand.

The French government and energy regulators are closely monitoring the situation and exploring measures to mitigate the impact of negative prices. Policy adjustments, market reforms, and investments in energy infrastructure are all potential strategies to address the challenges posed by high renewable energy generation. Additionally, encouraging the development of flexible demand response programs and enhancing grid interconnections with neighboring countries can help manage excess energy and stabilize prices.

In the long term, the rise of renewable energy and the occurrence of negative prices represent a positive development for the energy transition. They indicate progress towards cleaner energy sources and a more sustainable energy system. However, managing the associated challenges is crucial for ensuring that the transition is smooth and economically viable for all stakeholders involved.

In conclusion, the recent instance of negative electricity prices in France highlights the complexities of integrating renewable energy into the national grid. While the phenomenon reflects the success of France’s efforts to expand its renewable energy capacity, it also underscores the need for advanced grid management and storage solutions. As the country continues to navigate the transition to a more sustainable energy system, addressing these challenges will be essential for maintaining a stable and efficient energy market. The experience serves as a valuable lesson for other nations undergoing similar transitions and reinforces the importance of innovation and adaptability in the evolving energy landscape.

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Houston Power Outage Heatwave intensifies a prolonged blackout, straining the grid and infrastructure resilience; emergency response, cooling centers, and power restoration efforts race to protect vulnerable residents amid extreme temperatures and climate risks.

Key Points

A multi-day blackout and heatwave straining Houston's grid, limiting cooling, and prompting emergency response.

✅ Fourth day without power amid dangerous heat

✅ Grid failures expose infrastructure vulnerabilities

✅ Cooling centers, aid groups support vulnerable residents

Houston is enduring significant frustration and hardship as a power outage stretches into its fourth day amid a sweltering heatwave. The extended blackout has exacerbated the challenges faced by residents in one of the nation’s largest and most dynamic cities, underscoring the critical need for reliable infrastructure and effective emergency response systems.

The power outage began early in the week, coinciding with a severe heatwave that has driven temperatures to dangerous levels. With the city experiencing some of the highest temperatures of the year, the lack of electricity has left residents without essential cooling, contributing to widespread discomfort and health risks. The heatwave has placed an added strain on Houston's already overburdened power grid, which has struggled to cope with the soaring demand for air conditioning and cooling.

The prolonged outage has led to escalating frustration among residents. Many households are grappling with sweltering indoor temperatures, leading to uncomfortable living conditions and concerns about the impact on vulnerable populations, including the elderly, young children, and individuals with pre-existing health conditions. The lack of power has also disrupted daily routines, as morning routine disruptions in London demonstrate, including access to refrigeration for food, which has led to spoilage and further complications.

Emergency services and utility companies have been working around the clock to restore power, but progress has been slow, echoing how Texas utilities struggled to restore power during Hurricane Harvey, as crews contended with access constraints. The complexity of the situation, combined with the high demand for repairs and the challenging weather conditions, has made it difficult to address the widespread outages efficiently. As the days pass, the situation has become increasingly dire, with residents growing more impatient and anxious about when they might see a resolution.

Local officials and utility providers have been actively communicating with the public, providing updates on the status of repairs and efforts to restore power. However, the communication has not always been timely or clear, leading to further frustration among those affected. The sense of uncertainty and lack of reliable information has compounded the difficulties faced by residents, who are left to manage the impacts of the outage with limited guidance.

The situation has also raised questions about the resilience of Houston’s power infrastructure. The outage has highlighted vulnerabilities in the city's energy grid, similar to how a recent windstorm caused significant outages elsewhere, which has faced previous challenges but has not experienced an extended failure of this magnitude in recent years. The inability of the grid to withstand the extreme heat and maintain service during a critical time underscores the need for infrastructure improvements and upgrades to better handle similar situations in the future.

In response to the crisis, community organizations and local businesses have stepped up to provide support to those in need, much like Toronto's cleanup after severe flooding mobilized volunteers and services, in order to aid affected residents. Cooling centers have been established to offer relief from the heat, providing a respite for individuals who are struggling to stay cool at home. Additionally, local food banks and charitable organizations are distributing essential supplies to those affected by food spoilage and other challenges caused by the power outage.

The power outage and heatwave have also sparked broader discussions about climate resilience and preparedness. Extreme weather events and prolonged heatwaves are becoming increasingly common due to climate change, as strong winds knocked out power across the Miami Valley recently, raising concerns about how cities and infrastructure systems can adapt to these new realities. The current situation in Houston serves as a stark reminder of the importance of investing in resilient infrastructure and developing comprehensive emergency response plans to mitigate the impacts of such events.

As the outage continues, there is a growing call for improved strategies to manage power grid failures, with examples like the North Seattle outage affecting 13,000 underscoring the need, and better support for residents during crises. Advocates are urging for a reevaluation of emergency response protocols, increased investment in infrastructure upgrades, and enhanced communication systems to ensure that the public receives timely and accurate information during emergencies.

In summary, Houston's power outage, now extending into its fourth day amid extreme heat, has caused significant frustration and hardship for residents. The prolonged disruption has underscored the need for more resilient energy infrastructure, as seen when power outages persisted for hundreds in Toronto, and effective emergency response measures. With temperatures soaring and the situation continuing to unfold, the city faces a critical challenge in restoring power, managing the impacts on its residents, and preparing for future emergencies. The crisis highlights broader issues related to infrastructure resilience and climate adaptation, emphasizing the need for comprehensive strategies to address and mitigate the effects of extreme weather events.

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Russia-Ukraine Energy Ceasefire Violations escalate as U.S.-brokered truce frays, with drone strikes, shelling, and grid attacks disrupting gas supply and power infrastructure across Kursk, Luhansk, Sumy, and Dnipropetrovsk, prompting sanctions calls.

Key Points

Alleged breaches of a U.S.-brokered truce, with both sides striking power grids, gas lines, and critical energy nodes.

✅ Drone and artillery attacks reported on power and gas assets

✅ Both sides accuse each other of breaking truce terms

✅ U.S. mediation faces verification and compliance hurdles

Russia and Ukraine have traded fresh accusations regarding violations of a fragile energy ceasefire, brokered by the United States, which both sides had agreed to last month. These new allegations highlight the ongoing tensions between the two nations and the challenges involved in implementing a truce amid global energy instability in such a complex and volatile conflict.

The U.S.-brokered ceasefire had initially aimed to reduce the intensity of the fighting, specifically in the energy sector, where both sides had previously targeted each other’s infrastructure. Despite this agreement, the accusations on Wednesday suggest that both Russia and Ukraine have continued their attacks on each other's energy facilities, a crucial aspect of the ceasefire’s terms.

Russia’s Ministry of Defence claimed that Ukrainian forces had launched drone and shelling attacks in the western Kursk region, cutting power to over 1,500 homes. This attack allegedly targeted key infrastructure, leaving several localities without electricity. Additionally, in the Russian-controlled part of Ukraine's Luhansk region, a Ukrainian drone strike hit a gas distribution station, severely disrupting the gas supply for over 11,000 customers in the area around Svatove.

In response, Ukrainian President Volodymyr Zelensky accused Russia of breaking the ceasefire. He claimed that Russian drone strikes had targeted an energy substation in Ukraine’s Sumy region, while artillery fire had damaged a power line in the Dnipropetrovsk region, leaving nearly 4,000 consumers without power even as Ukraine increasingly leans on electricity imports to stabilize the grid. Ukraine's accusations painted a picture of continued Russian aggression against critical energy infrastructure, a strategy that had previously been a hallmark of Russia’s broader military operations in the war.

The U.S. had brokered the energy truce as a potential stepping stone toward a more comprehensive ceasefire agreement. However, the repeated violations raise questions about the truce’s viability and the broader prospects for peace between Russia and Ukraine. Both sides are accusing each other of undermining the agreement, which had already been delicate due to previous suspicions and mistrust. In particular, the U.S. administration, led by President Donald Trump, has expressed impatience with the slow progress in moving toward a lasting peace, amid debates over U.S. national energy security priorities.

Kremlin spokesperson Dmitry Peskov defended Russia’s stance, emphasizing that President Vladimir Putin had shown a commitment to peace by agreeing to the energy truce, despite what he termed as daily Ukrainian attacks on Russian infrastructure. He reiterated that Russia would continue to cooperate with the U.S., even though the Ukrainian strikes were ongoing. This perspective suggests that Russia remains committed to the truce but views Ukraine’s actions as violations that could potentially derail efforts to reach a more comprehensive ceasefire.

On the other hand, President Zelensky argued that Russia was not adhering to the terms of the ceasefire. He urged the U.S. to take a stronger stance against Russia, including increasing sanctions on Moscow as punishment for its violations. Zelensky’s call for heightened sanctions is a continuation of his efforts to pressure international actors, particularly the U.S. and European countries, to provide greater energy security support for Ukraine’s struggle and to hold Russia accountable for its actions.

The ceasefire’s fragility is also reflected in the differing views between Ukraine and Russia on what constitutes a successful resolution. Ukraine had proposed a full 30-day ceasefire, but President Putin declined, raising concerns about monitoring and verifying compliance with the terms. This disagreement suggests that both sides are not entirely aligned on what a peaceful resolution should look like and how it can be realistically achieved.

The situation is complicated by the broader context of the war, which has now dragged on for over three years. The conflict has seen significant casualties, immense destruction, and deep geopolitical ramifications. Both countries are heavily reliant on their energy infrastructures, making any attack on these systems not only a military tactic but also a form of economic warfare. Energy resources, including electricity and natural gas, have become central to the ongoing conflict, with both sides using them to exert pressure on the other amid Europe's deepening energy crisis that reverberates beyond the battlefield.

As of now, it remains unclear whether the recent violations of the energy ceasefire will lead to a breakdown of the truce or whether the United States will intervene further to restore compliance, even as Ukraine prepares for winter amid energy challenges. The situation remains fluid, and the international community continues to closely monitor the developments. The U.S., which played a central role in brokering the energy ceasefire, has made it clear that it expects both sides to uphold the terms of the agreement and work toward a more permanent cessation of hostilities.

The continued accusations between Russia and Ukraine regarding the breach of the energy ceasefire underscore the challenges of negotiating peace in such a complex and entrenched conflict. While both sides claim to be upholding their commitments, the reality on the ground suggests that reaching a full and lasting peace will require much more than temporary truces. The international community, particularly the U.S., will likely continue to push for stronger actions to enforce compliance and to prevent the conflict from further escalating. The outcome of this dispute will have significant implications for both countries and the broader European energy landscape and security landscape.

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