Cost of utility plan worries big business

By The Statesman


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Some large businesses, among Austin's biggest power users, say an electric utility plan to buy more renewable energy would be too costly and could damage the city's economy. They also warn that it could be more expensive than projected, considering the costs of two recent renewable-energy deals.

Meanwhile, some environmental activists are lauding the proposal but say it doesn't go far enough.

Under Austin Energy's proposal, Austin would get more than 35 percent of its electricity from wind, solar, wood waste and other renewable sources by 2020. Currently, about 12 percent of Austin's electricity comes from those sources. The city's Climate Protection Plan, passed in 2007, sets a target of 30 percent renewable energy by 2020.

Jumping to 35 percent is probably too great a burden on customers, said members of the Power Improvement Action Committee, a conglomeration of Austin large businesses.

The group has not come to an official position. But Roger Wood, a corporate facilities manager for Freescale Semiconductor, said Austin Energy's plan downplays an important priority: cost.

Large industrial customers would see monthly bills in 2020 about 12 percent higher than they are now, according to an estimate from Pace Consulting, which helped shape Austin Energy's recommendation. That's lower than the 22 percent bill increase homeowners would see during that time, according to Pace.

But a letter from Wood questions whether Austin Energy is transparent about costs. Wood, who sits on the city's Renewable Energy Task Force, also notes that even a minor rate increase potentially "translates to millions of dollars per year of additional cost for a major manufacturer" and could threaten business operations.

John Sutton, another task force member and former president of the Building Owners and Managers Association of Austin, shared that concern.

He said that Austin Energy established a questionable track record by buying into two projects recently: a $250 million solar plant that will generate a relatively modest 30 megawatts and a $2.3 billion wood-fired plant in East Texas, the output of which is not public.

In both cases, officials said the deals were fiscally sound and necessary partly because the city needed to add renewable energy.

Austin Energy officials "seem to have written their plan regardless of the input they've gotten from individual stakeholders," Sutton said. "It looks like we're going to wind up either having to agree with this plan or developing one of our own."

One of the main features of Austin Energy's proposal is cutting the electricity from the Fayette Power Plant, which uses coal to generate power. The plant generates about 70 percent of Austin Energy's carbon emissions. Austin Energy is proposing it cuts its share of the power generated there by a third by 2020, then phase out the plant.

"Sierra Club applauds this recommendation," said Cyrus Reed, conservation director of the Lone Star Chapter of the Sierra Club. But Reed said the city should look into closing the plant in the next five years.

Austin Energy looked into the option but concluded it would be more expensive, Austin Energy General Manager Roger Duncan said.

Mike Sloan, a wind-energy advocate, said Austin should sell its share of the plant before anticipated federal carbon caps are enacted. Those caps would reduce the plant's value, Sloan said. He said the city should buy as much wind as possible, noting that Pace Consulting concluded wind will be the cheapest form of power by 2020.

Austin Energy is proposing the city more than double the electricity it gets from wind generated in West Texas. Wind would be the city's top source of electricity by 2020, edging out coal and nuclear power.

Sutton and Wood also questioned whether wind and solar energy are reliable enough to purchase in the amounts Austin is considering.

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Canada and Manitoba invest in new turbines

Manitoba Clean Electricity Investment will upgrade hydroelectric turbines, expand a 230 kV transmission network, and deliver reliable, affordable low-carbon power, reducing greenhouse gas emissions and strengthening grid reliability across Portage la Prairie and Winnipeg River.

 

Key Points

Joint federal-provincial funding to upgrade hydro turbines and build a 230 kV grid, boosting reliable, low-carbon power.

✅ $314M for new turbines at Pointe du Bois (+52 MW capacity)

✅ $161.6M for 230 kV transmission in Portage la Prairie

✅ Cuts Brandon Generating Station emissions by ~37%

 

The governments of Canada and Manitoba have announced a joint investment of $475.6 million to strengthen Manitoba’s clean electricity grid that can support neighboring provinces with clean power and ensure continued supply of affordable and reliable low-carbon energy.

This federal-provincial investment provides $314 million for eight new hydroelectric turbines at the 75 MW Pointe du Bois Generating Station on the Winnipeg River, as well as $161.6 million to build a new 230 kV transmission network in the Portage la Prairie area, bolstering power sales to SaskPower and regional reliability.

The $314 million joint investment in the Pointe du Bois Renewable Energy Project includes $114.1 million from the Government of Canada and nearly $200 million from the Government of Manitoba. The joint investment will enable Manitoba Hydro to replace eight generating units that are at the end of their lifecycle, amid looming new generation needs for the province. The new, more efficient units will increase the capacity of the Pointe du Bois generating station by 52 MW.

The $161.6 million joint investment in the Portage Area Capacity Enhancement project includes $70.9 million from the Government of Canada and $90.6 million from the Government of Manitoba. The joint investment will support the construction of a new transmission line to enhance reliability for customers across southwest Manitoba and help Manitoba Hydro meet increasing demand, with projections that demand could double over the next two decades. By decreasing Manitoba’s reliance on its last grid-connected fossil-fuel generating station, this investment will reduce greenhouse gas emissions at the Brandon Generating Station by about 37%.

The federal government’s total contribution of $184.9 million is provided through the Green Infrastructure Stream of the Investing in Canada Plan, alongside efforts to improve interprovincial grid integration such as NB Power agreements with Hydro-Quebec that strengthen regional reliability. This federal funding is conditional on meeting Indigenous consultation requirements, as well as environmental assessment obligations. Including today’s announcement, the Green Infrastructure Stream has supported 38 infrastructure projects in Manitoba, for a total federal contribution of more than $766.8 million and a total provincial contribution of over $658.4 million.

“A key part of our economic plan is making Canada a clean electricity superpower. Today’s announcement in Manitoba will deliver clean, reliable, and affordable electricity to people and businesses across the province—and we will continue working to expand our clean electricity grid and create great careers for people from coast to coast to coast,” said Deputy Prime Minister and Finance Minister Chrystia Freeland.

The federal government will continue to invest in making Canada a clean electricity superpower, supporting provincial initiatives like Hydro-Quebec's fossil-free strategy that complement these investments to ensure Canadians from coast to coast to coast have the affordable and reliable clean electricity they need today and for generations to come.

“Manitoba Hydro is extremely pleased to be receiving this federal funding through the Green Infrastructure Stream of the Investing in Canada Infrastructure Program. The investments we are making in both these critical infrastructure projects will help provide Manitobans with energy for life and power our province’s economic growth with clean, reliable, renewable hydroelectricity. These projects build on our legacy of investments in renewable energy over the past 100 years, as we work towards a lower carbon future for all Manitobans,” said Jay Grewal, president and chief executive officer of Manitoba Hydro.

About 97% of Manitoba’s electricity is generated from clean hydro, with most of the remaining 3% coming from wind generation. Manitoba’s abundant clean electricity has resulted in Manitobans paying 9.455 ¢/kWh — the second-lowest electricity rate in Canada, though limits on serving new energy-intensive customers have been flagged recently.

 

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U.S. Ends Support for Ukraine’s Energy Grid Restoration

US Termination of Ukraine Energy Grid Support signals a policy shift: USAID halts aid for grid restoration amid Russia attacks, impacting energy security, infrastructure resilience, winter readiness, and negotiations leverage with Moscow and allies.

 

Key Points

A US policy reversal ending USAID support for Ukraine's grid, impacting energy security, resilience, and leverage.

✅ USAID halt reduces funds for grid restoration and winter prep

✅ Policy shift may weaken Kyiv's leverage in talks with Russia

✅ Ukraine seeks EU, IFIs, private capital for energy resilience

 

The U.S. government has recently decided to terminate its support for Ukraine's energy grid restoration, a critical initiative managed by the U.S. Agency for International Development (USAID). This decision, reported by NBC News, comes at a time when Ukraine is grappling with significant challenges to its energy infrastructure due to ongoing Russian attacks. The termination of support was reportedly finalized before Ukrainian President Volodymyr Zelensky's scheduled visit to Washington, marking a significant shift in U.S. policy and raising concerns about the broader implications for Ukraine's energy resilience and its negotiations with Russia.

The Critical Role of U.S. Support

Since Russia's invasion of Ukraine, the country’s energy infrastructure has been one of the primary targets of military strikes. Russia has launched numerous attacks on Ukraine's power generation facilities, substations, and power lines, causing power outages across multiple regions. These attacks have led to significant material losses, with damage reaching billions of dollars. As part of its commitment to Ukraine, the U.S. government, through USAID, had been instrumental in funding restoration efforts aimed at rebuilding and reinforcing Ukraine’s energy grid.

USAID's support was crucial in helping Ukraine withstand the damage inflicted by Russian missile strikes. This aid was not just about restoring basic services but also about fortifying the energy grid to ensure that Ukraine could continue functioning amidst the war and keep the lights on this winter as temperatures drop. The U.S. contribution to Ukraine's energy sector, alongside international support, helped reduce the immediate vulnerabilities faced by Ukraine's civilians and industries.

The Abrupt Change in U.S. Policy

The decision to cut support for energy grid restoration is seen as a sharp reversal in U.S. policy, particularly as the Biden administration has previously shown strong backing for Ukraine in the aftermath of the invasion. This shift in policy was reportedly made by the U.S. State Department, which directed USAID to halt its involvement in the energy sector.

According to NBC News, USAID officials expressed concern about the timing of this decision. One official noted that terminating support for Ukraine’s energy grid restoration would severely undermine the U.S. government's ability to negotiate on issues like ceasefires and peace talks with Russia. The official argued that such a move would signal to Russia that the U.S. is backing away from its long-term investments in Ukraine, potentially weakening Ukraine's position in the ongoing war.

The abrupt end to this support is also seen as a blow to the morale of Ukraine’s government and people. Ukraine had been heavily reliant on the U.S. for resources to repair its critical infrastructure, and the decision to cut this support without warning has created uncertainty about the future of such recovery efforts.

Ukraine’s Response and Search for Alternatives

In response to the termination of U.S. support, Ukrainian officials have been seeking alternative sources of funding to continue the restoration of their energy grid. Deputy Prime Minister Olha Stefanishyna reported that Ukraine has already reached preliminary agreements with other international partners to secure financial support for energy resilience, cyber defense, and recovery programs including new energy solutions for winter blackouts.

These efforts come at a time when Ukraine is working to rebuild its war-torn economy and safeguard critical sectors like energy and infrastructure. The termination of U.S. support for energy restoration projects underscores the growing pressure on Ukraine to diversify its sources of aid and not become overly dependent on any one nation. Ukrainian leaders are in ongoing talks with European governments, international financial institutions, and private investors to ensure that essential programs do not stall due to the lack of funding from the U.S., as energy cooperation grows and Ukraine helps Spain amid blackouts in solidarity.

Implications for Ukraine’s Energy Security

Ukraine's energy security remains a critical issue in the context of the ongoing conflict with Russia. The war has made the country’s energy infrastructure vulnerable to repeated attacks, and the restoration of this infrastructure is essential for ensuring that Ukraine can keep the lights on and recover in the long term. The U.S. has been one of the largest contributors to Ukraine's energy security efforts, and its withdrawal could force Ukraine to look for other partners who may not have the same level of financial or technological resources.

This development also raises questions about the future of U.S. involvement in Ukraine's recovery efforts more broadly. As the war continues and winter looms over the battlefront for frontline communities, the need for reliable and sustained support from international partners will only increase. If the U.S. significantly scales back its aid, Ukraine may face even greater challenges in maintaining its energy infrastructure and achieving long-term recovery.

Moving Forward

The termination of U.S. support for Ukraine’s energy grid restoration serves as a reminder of the complexities involved in international aid and geopolitics during wartime. As Ukraine faces the ongoing realities of the war, it must adapt to a shifting international landscape where traditional allies may not always be reliable sources of support. Ukraine’s leadership will need to be strategic in its search for alternative sources of aid, while also focusing on strengthening its energy grid, managing electricity reserves to stabilize supply, and reducing its vulnerabilities to Russian attacks.

While the end of U.S. support for Ukraine's energy restoration is a significant setback, it also underscores the urgent need for Ukraine to diversify its international partnerships. The future of Ukraine’s energy resilience may depend on how effectively it can navigate these changing dynamics while maintaining the support of the international community in the fight against Russian aggression.

 

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More pylons needed to ensure 'lights stay on' in Scotland, says renewables body

Scottish Renewable Grid Upgrades address outdated infrastructure, expanding transmission lines, pylons, and substations to move clean energy, meet rising electricity demand, and integrate onshore wind, offshore wind, and battery storage across Scotland.

 

Key Points

Planned transmission upgrades in Scotland to move clean power via new lines and substations for a low-carbon grid.

✅ Fivefold expansion of transmission lines by 2030

✅ Enables onshore and offshore wind integration

✅ New pylons, substations, and routes face local opposition

 

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, with projects stuck on hold underscoring their warning that new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future" informed by a broader green recovery agenda.

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated, aligning with global network priorities identified elsewhere.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago, a challenge also seen in the Pacific Northwest today."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", echoing stalled grid spending trends elsewhere, the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, as they warned new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future".

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

"We need them to ensure our lights stay on, as excess solar can strain networks in the same way consumers elsewhere in the UK need them.

"With abundant natural resources, Scotland's home-grown renewables can be at the heart of delivering the clean energy needed to end our reliance on imported, expensive fossil fuel.

"To do this, we need a national electricity grid capable of transmitting more electricity where and when it is needed, echoing New Zealand's electricity debate as well."

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Nick Sharpe, director of communications and strategy at Scottish Renewables, said the current electricity network is "not fit for purpose".

He added: "Groups and individuals who object to the construction of power lines, pylons and substations largely do so because they do not like the way they look.

"By the end of this year, there will be just over 70 months left to achieve our targets of 11 gigawatts (GW) offshore and 12 GW onshore wind.

"To ensure we maximise the enormous socioeconomic benefits this will bring to local communities, we will need a grid fit for the 21st century."

 

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Electric Ferries Power Up B.C. with CIB Help

BC Ferries Electrification accelerates zero-emission vessels, Canada Infrastructure Bank financing, and fast charging infrastructure to cut greenhouse gas emissions, lower operating costs, and reduce noise across British Columbia's Island-class routes.

 

Key Points

BC Ferries Electrification is the plan to deploy zero-emission ferries and charging, funded by CIB, to reduce emissions.

✅ $75M CIB loan funds four electric ferries and chargers

✅ Cuts 9,000 tonnes CO2e annually on short Island-class routes

✅ Quieter service, lower operating costs, and redeployed hybrids

 

British Columbia is taking a significant step towards a cleaner transportation future with the electrification of its ferry fleet. BC Ferries, the province's ferry operator, has secured a $75 million loan from the Canada Infrastructure Bank (CIB) to fund the purchase of four zero-emission ferries and the necessary charging infrastructure to support them.

This marks a turning point for BC Ferries, which currently operates a fleet reliant on diesel fuel. The new Island-class electric ferries will be deployed on shorter routes, replacing existing hybrid ships on those routes. These hybrid ferries will then be redeployed on routes that haven't yet been converted to electric, maximizing their lifespan and efficiency.

Environmental Benefits

The transition to electric ferries is expected to deliver significant environmental benefits. The new vessels are projected to eliminate an estimated 9,000 tonnes of greenhouse gas emissions annually, and electric ships on the B.C. coast already demonstrate similar gains, contributing to British Columbia's ambitious climate goals. Additionally, the quieter operation of electric ferries will create a more pleasant experience for passengers and reduce noise pollution for nearby communities.

Economic Considerations

The CIB loan plays a crucial role in making this project financially viable. The low-interest rate offered by the CIB will help to keep ferry fares more affordable for passengers. Additionally, the long-term operational costs of electric ferries are expected to be lower than those of diesel-powered vessels, providing economic benefits in the long run.

Challenges and Opportunities

While the electrification of BC Ferries is a positive development, there are some challenges to consider. The upfront costs of electric ferries and charging infrastructure are typically higher than those of traditional options, though projects such as the Kootenay Lake ferry show growing readiness. However, advancements in battery technology are constantly lowering costs, making electric ferries a more cost-effective choice over time.

Moreover, the transition presents opportunities for job creation in the clean energy sector, with complementary initiatives like the hydrogen project broadening demand. The development, construction, and maintenance of electric ferries and charging infrastructure will require skilled workers, potentially creating a new avenue for economic growth in British Columbia.

A Pioneering Example

BC Ferries' electrification initiative sets a strong precedent for other ferry operators worldwide, including Washington State Ferries pursuing hybrid-electric upgrades. This project demonstrates the feasibility and economic viability of transitioning to cleaner marine transportation solutions. As battery technology and charging infrastructure continue to develop, we can expect to see more widespread adoption of electric ferries across the globe.

The collaboration between BC Ferries and the CIB paves the way for a greener future for BC's transportation sector, where efforts like Harbour Air's electric aircraft complement marine electrification. With cleaner air, quieter operation, and a positive impact on climate change, this project is a win for the environment, the economy, and British Columbia as a whole.

 

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California Legislators Prepare Vote to Crack Down on Utility Spending

California Utility Spending Bill scrutinizes how ratepayer funds are used by utilities, targeting lobbying, advertising, wildfire prevention cost pass-throughs, and CPUC oversight to curb high electricity bills and increase accountability and transparency statewide.

 

Key Points

Legislation restricting utilities from using ratepayer money for lobbying and ads, with stronger CPUC oversight.

✅ Bans ratepayer-funded lobbying and political advertising

✅ Expands prohibited utility communications and influence spending

✅ Aims to curb bills, boost transparency, and CPUC accountability

 

California's legislators are about to vote on a bill that would impose stricter regulations on how utility companies spend the money they collect from ratepayers. This legislation directly responds to the growing discontent among Californians who are already grappling with high electricity bills, as Californians ask why electricity prices are soaring amid wildfire prevention efforts.

Consumer rights groups have been vehemently critical of how utilities have been allocating customer funds, amid growing calls for regulatory action from state officials. They allege that a substantial portion of this money is being funnelled into lobbying efforts and advertising campaigns that yield no direct benefits for the customers themselves.

The proposed bill would significantly broaden the definition of what constitutes prohibited advertising and political influence activities on the part of utility companies, separate from income-based fixed electricity charges proposals that affect rate design. This would effectively restrict the ways in which utilities can utilize customer funds for such purposes.

While consumer advocacy groups have favored the legislation, it has drawn opposition from utility companies and some labor unions, as lawmakers weigh overturning income-based utility charges in parallel debates. Opponents contend that it would hinder utilities' ability to communicate effectively with their customers and advocate for their interests. Additionally, they express concerns that the bill could result in job losses within the utility sector.

The vote on the bill is expected to take place on Monday. The outcome of the vote is uncertain, but it is sure to be a closely watched development for Californians struggling with the burden of high electricity bills, with many wondering about major changes to their electric bills in the near term.

 

California's Electricity Rates: A Burden for Residents

A recent report by the California Public Utilities Commission (CPUC) revealed that the average Californian household spends a significantly higher amount on electricity compared to the national average. This disparity in electricity rates can be attributed to a number of factors, including the financial costs associated with wildfire prevention measures, investments in renewable energy infrastructure, and maintenance of aging electrical grids, even as the state considers revamping electricity rates to clean the grid.

 

Examples of Utility Company Spending that Raise Concerns

Consumer rights groups have specifically highlighted instances where utility companies have used customer money to fund lavish executive compensation packages, sponsor professional sports teams, and finance political campaigns. They argue that these expenditures do not provide any tangible benefits to ratepayers and should not be funded through customer bills.

 

The Need for Accountability and Prioritization

Proponents of the bill believe that the legislation is necessary to ensure that utility companies are held accountable for how they spend customer funds. They believe that the stricter regulations would compel utilities to prioritize investments that directly improve the quality and reliability of electricity services for Californians, alongside discussions of income-based flat-fee utility bills that could reshape rate structures.

The impending vote on the bill underscores the ongoing tension between the need for reliable electricity services and the desire to keep utility rates affordable for Californians. The outcome of the vote is likely to have a significant impact on how utility companies operate in the state and how much Californians pay for their electricity.

 

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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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