New Colorado incentive to use EVs

By Associated Press


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Those cute little electric cars may become more attractive to consumers once a pending Colorado law catches up with the new energy economy.

One of 151 laws going into effect, it will allow smaller and slower electric car brands on more state roads. It aims to reduce gasoline consumption and pollution.

The law allows electric cars on state highways with speed limits of 35 mph or less and to cross state highways with higher speed limits. Currently, the vehicles are banned from all state highways and from crossing them because they're too slow.

Sen. Gail Schwartz, D-Snowmass Village, sponsored the legislation in the Senate. She said demand for fuel-efficient cars vehicles will increase despite fluctuations in fuel prices.

"Sooner or later, gas prices will go up and people will want more fuel-efficient cars," Schwartz said.

Schwartz noted citizens in Snowmass Village use the vehicles to run errands and take children to school. She hopes more households will buy the cars, which start at $9,000, instead of a traditional second car.

One new law creates a state loan program to help schools pay for renewable energy projects and hybrid and electric buses. Another gives more protection to bicyclists by requiring motorists to give them at least a 3-foot berth when passing.

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Cannes Film Festival Power Outage Under Investigation 

Cannes Film Festival Power Outage disrupts Alpes-Maritimes as an electrical substation fire and a fallen high-voltage line trigger blackouts; arson probe launched, grid resilience tested, traffic and trains snarled, Palais des Festivals on backup power.

 

Key Points

A May 24, 2025 blackout in Cannes disrupting events, under arson probe, exposing grid risks across Alpes-Maritimes.

✅ Substation fire and fallen high-voltage line triggered blackouts

✅ Palais des Festivals ran on independent backup power

✅ Authorities probe suspected arson; security measures reviewed

 

A significant power outage on May 24, 2025, disrupted the final day of the Cannes Film Festival in southeastern France. The blackout, which affected approximately 160,000 households in the Alpes-Maritimes region, including the city of Cannes, occurred just hours before the highly anticipated Palme d'Or ceremony. French authorities are investigating the possibility that the outage was caused by arson.

Details of the Outage

The power disruption began early on Saturday morning with a fire at an electrical substation near Cannes. This incident weakened the local power grid. Shortly thereafter, a high-voltage line fell at another location, further exacerbating the situation. The combined events led to widespread power outages, affecting not only the festival but also local businesses, traffic systems, and public transportation, echoing Heathrow Airport outage warnings raised days before a separate disruption. Traffic lights in parts of Cannes and the nearby city of Antibes stopped working, leading to traffic jams and confusion in city centers. Most shops along the Croisette remained closed, and local food kiosks were only accepting cash. Train service in Cannes was also disrupted. 

Impact on the Festival

Despite the challenges, festival organizers managed to keep the main venue, the Palais des Festivals, operational by switching to an independent power supply. They confirmed that all scheduled events and screenings, including the Closing Ceremony, would proceed as planned, a reminder of how grid operators sometimes avoid rolling blackouts to keep essential services running. The power was restored around 3 p.m. local time, just hours before the ceremony, allowing music to resume and the event to continue without further incident.

Investigations and Suspected Arson

French authorities, including the national gendarmerie, are investigating the possibility that the power outage was the result of arson, aligning with grid attack warnings issued by intelligence services. The prefect for the Alpes-Maritimes region, Laurent Hottiaux, condemned the "serious acts of damage to electrical infrastructures" and stated that all resources are mobilized to identify, track down, arrest, and bring to justice the perpetrators of these acts.

While investigations are ongoing, no official conclusions have been drawn regarding the cause of the outage. Authorities are working to determine whether the incidents were isolated or part of a coordinated effort, a question that also arises when utilities implement PG&E wildfire shutoffs to prevent cascading damage.

Broader Implications

The power outage at the Cannes Film Festival underscores the vulnerability of critical infrastructure to potential acts of sabotage. While the immediate impact on the festival was mitigated, the incident raises concerns about the resilience of energy systems, especially during major public events, and amid severe weather like a B.C. bomb cyclone that leaves tens of thousands without power. It also highlights the importance of having contingency plans in place to ensure the continuity of essential services in the face of unexpected disruptions.

As investigations continue, authorities are urging the public to remain vigilant and report any suspicious activities, while planners also prepare for storm-driven outages that compound emergency response. The outcome of this investigation may have implications for future security measures at large-scale events and the protection of critical infrastructure.

While the Cannes Film Festival was able to proceed with its closing events, the power outage serves as a reminder of the potential threats to public safety, as seen when a Western Washington bomb cyclone left hundreds of thousands without power, and the importance of robust security measures to safeguard against such incidents.

 

 

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B.C. electricity demand hits an all-time high

BC Hydro Peak Electricity Demand reached a record 10,902 megawatts during a cold snap, driven by home heating. Peak hours surged; load shifting and energy conservation can ease strain on the grid and lower bills.

 

Key Points

Record winter peak of 10,902 MW, set during a cold snap, largely from home heating demand at peak hours.

✅ All-time high load: 10,902 MW between 5 and 6 p.m., Dec. 27.

✅ Cold snap increased home heating demand during peak hours.

✅ Shift laundry and dishwashers off-peak; use programmable thermostats.

 

BC Hydro says the province set a new record for peak electricity demand on Monday as temperatures hit extreme lows, and Quebec shattered consumption records during similar cold weather.

Between 5 and 6 p.m. on Dec. 27, demand for electricity hit an all-time high of 10,902 megawatts, which is higher than the previous record of 10,577 megawatts set in 2020, and follows a record-breaking year in 2021 for the utility.

“The record represents a single moment in the hour when demand for electricity was the highest yesterday,” says Simi Heer, BC Hydro spokesperson, in a statement. “Most of the increase is likely due to additional home heating required during this cold snap.”

In addition to the peak demand record on Monday, BC Hydro has observed an overall increase in electricity demand since Friday, and has noted that cryptocurrency mining electricity use is an emerging load in the province as well. Monday’s hourly peak demand was 18 per cent higher than Friday’s, while Calgary's electricity use soared during a frigid February, underscoring how cold snaps strain regional grids.

“BC Hydro has enough supply options in place to meet increasing electricity demand,” adds Heer, and pointed to customer supports like a winter payment plan for households managing higher bills. “However, if British Columbians want to help ease some of the demand on the system during peak times, we encourage shifting activities like doing laundry or running dishwashers to earlier in the day or later in the evening.”

BC Hydro is also offering energy conservation tips for people looking to lower their electricity use and their electricity bills, noting that Earth Hour once saw electricity use rise in the province:

Manage your home heating actively by turning the heat down when no one his home or when everyone is sleeping. Consider installing a programmable thermostat to automatically adjust temperatures at different times based on your family's activities, and remember that in warmer months wasteful air conditioning can add $200 to summer energy bills. BC Hydro recommends the following temperatures:

16 degrees Celsius when sleeping or away from home
21 degrees Celsius when relaxing, watching TV
18 degrees Celsius when doing housework or cleaning
 

 

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'Transformative change': Wind-generated electricity starting to outpace coal in Alberta

Alberta wind power surpasses coal as AESO reports record renewable energy feeding the grid, with natural gas conversions, solar growth, energy storage, and decarbonization momentum lowering carbon intensity across Alberta's electricity system.

 

Key Points

AESO data shows wind surpassing coal in Alberta, driven by coal retirements, gas conversions, and growing renewables.

✅ AESO reports wind output above coal several times this week

✅ Coal units retire or convert to natural gas, boosting renewables

✅ Carbon intensity falls; storage and solar improve grid reliability

 

Marking a significant shift in Alberta energy history, wind generation trends provided more power to the province's energy grid than coal several times this week.

According to data from the Alberta Energy System Operator (AESO) released this week, wind generation units contributed more energy to the grid than coal at times for several days. On Friday afternoon, wind farms contributed more than 1,700 megawatts of power to the grid, compared to around 1,260 megawatts from coal stations.

"The grid is going through a period of transformative change when we look at the generation fleet, specifically as it relates to the coal assets in the province," Mike Deising, AESO spokesperson, told CTV News in an interview.

The shift in electricity generation comes as more coal plants come offline in Alberta, or transition to cleaner energy through natural gas generation, including the last of TransAlta's units at the Keephills Plant west of Edmonton.

Only three coal generation stations remain online in the province, at the Genesee plant southwest of Edmonton, as the coal phase-out timeline advances. Less available coal power, means renewable energy like wind and solar make up a greater portion of the grid.

 

EVOLUTION OF THE GRID
"Our grid is changing, and it's evolving," Deising said, adding that more units have converted to natural gas and companies are making significant investments into solar and wind energy.

For energy analyst Kevin Birn with IHS Markit, that trend is only going to continue.

"What we've seen for the last 24 to 36 months is a dramatic acceleration in ambition, policy, and projects globally around cleaner forms of energy or lower carbon forms of energy," Birn said.

Birn, who is also chief analyst of Canadian Oil Markets, added that not only has the public appetite for cleaner energy helped fuel the shift, but technological advancements have made renewables like wind and solar more cost-efficient.

"Alberta was traditionally heavily coal-reliant," he said. "(Now) western Canada has quite a diverse energy base."


LESS CARBON-INTENSIVE
According to Birn, the shift in energy production marks a significant reduction in carbon emissions as Alberta progresses toward its last coal plant closure milestone.

Ten years ago, IHS Markit estimates that Alberta's grid contributed about 900 kilograms of carbon dioxide equivalent per megawatt-hour of energy generation.

"That (figure is) really representing the dominance and role of coal in that grid," Birn said.

Current estimates show that figure is closer to 600 kilograms of CO2 equivalent.

"That means the power you and I are using is less carbon-intensive," Birn said, adding that figure will continue to fall over the next couple of years.


RENEWABLES HERE TO STAY
While many debate whether Alberta's energy is getting clean enough fast enough, Birn believes change is coming.

"It's been a half-decade of incredible price volatility in the oil market which had really dominated this sector and region," the analyst said.

"When I think of the future, I see the power sector building on large-scale renewables, which means decarbonization, and that provides an opportunity for those tech companies looking for clean energy places to land facilities."

Coal and natural gas are considered baseline assets by the AESO, where generation capacity does not shift dramatically, though some utilities report declining coal returns in other markets.

"Wind is a variable resource. It will generate when the wind is blowing, and it obviously won't when the wind is not," Deising said. "Wind and solar can ramp quickly, but they can drop off quite quickly, and we have to be prepared.

"We factor that into our daily planning and assessments," he added. "We follow those trends and know where the renewables are going to show up on the system, how many renewables are going to show up."

Deising says one wind plant in Alberta currently has an energy storage capacity to preserve renewably generated electricity during summer demand records and peak hours as needed. As the technology becomes more affordable, he expects more plants to follow suit.

"As a system operator, our job is to make sure as (the grid) is evolving we can continue to provide reliable power to Albertans at every moment every day," Deising said. "We just have to watch the system more carefully." 

 

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Pennsylvania Home to the First 100% Solar, Marriott-Branded U.S. Hotel

Courtyard by Marriott Lancaster Solar Array delivers 100% renewable electricity via photovoltaic panels at Greenfield Corporate Center, Pennsylvania, a High Hotels and Marriott sustainability initiative reducing grid demand and selling excess power for efficient operations.

 

Key Points

A $1.5M PV installation powering the 133-room hotel with 100% renewable electricity in Greenfield Center, Lancaster.

✅ 2,700 PV panels generate 1,239,000 kWh annually

✅ First Marriott in the US with 100% solar electricity

✅ $504,900 CFA grant; excess power sold to the utility

 

High Hotels Ltd., a hotel developer and operator, recently announced it is installing a $1.5 million solar array that will generate 100% of the electrical power required to operate one of its existing hotels in Greenfield Corporate Center. The completed installation will make the 133-room Courtyard by Marriott-Lancaster the first Marriott-branded hotel in the United States with 100% of its electricity needs generated from solar power. It is also believed to be the first solar array in the country installed for the sole purpose of generating 100% of the electricity needs of a hotel, mirroring how other firms are commissioning their first solar power plant to meet sustainability goals.

“This is an exciting approach to addressing our energy needs that aligns very well with High’s commitment to environmental stewardship,”

“We’ve been advancing many environmentally responsible practices across our hotel portfolio, including converting the interior and exterior lighting at the Lancaster Courtyard to LED, which will lower electricity demand by 15%,” said Russ Urban, president of High Hotels. “Installing solar is another important step in this progression, and we will look to apply lessons from this as we expand our portfolio of premium select-service hotels.”

The Lancaster-based hotel developer, owner and operator is working in partnership with Marriott International Inc. to realize this vision, in step with major brands announcing new clean energy projects across their portfolios.

The installation of more than 2,700 ballasted photovoltaic panels will fill an area more than two football fields in size. After evaluating several on-site and near-site alternatives, High Hotels decided to install the solar array on the roof of a nearby building in Greenfield Corporate Center. Using the existing roof saves more than three acres of open land and has additional aesthetic benefits, aligning with recommendations for solar farms under consideration by local planners. The solar array will produce 1,239,000 kWh of power for the hotel, which consumes 1,177,000 kWh. Any excess power will be sold to the utility, though affordable solar batteries are making on-site storage increasingly feasible.

High Hotels received a grant of $504,900 from the Commonwealth Financing Authority (CFA) through the Solar Energy Program to complete the project. An independent agency of the Department of Community and Economic Development (DCED), the CFA is responsible for evaluating projects and awarding funds for a variety of economic development programs, including the Solar Energy Program and statewide initiatives like solar-power subscriptions that broaden access. The project will receive a solar renewable energy credit which will be conveyed to the CFA to provide the agency with more funds to offer grants in the future.

“This is a cutting-edge project that is exactly the kind we are looking for to promote the generation and use of solar energy,” said DCED Secretary Dennis Davin. “I am very pleased that the first Marriott in the US to receive 100% of its electric needs through renewable solar energy is located right here in Central Pennsylvania.” Secretary Davin also serves as chairman of the CFA’s board.

Panels for the solar array will be Q Cells manufactured by Hanwha Cells Co., Ltd., headquartered in Seoul, South Korea. Ephrata, Pa.-based Meadow Valley Electric Inc. will install the array in the second and third quarters of 2018 with commissioning targeted for September 2018.

 

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New England's solar growth is creating tension over who pays for grid upgrades

New England Solar Interconnection Costs highlight distributed generation strains, transmission charges, distribution upgrades, and DAF fees as National Grid maps hosting capacity, driving queue delays and FERC disputes in Rhode Island and Massachusetts.

 

Key Points

Rising upfront grid upgrade and DAF charges for distributed solar in RI and MA, including some transmission costs.

✅ Upfront grid upgrades shifted to project developers

✅ DAF and transmission charges increase per MW costs

✅ Queue delays tied to hosting capacity and cluster studies

 

Solar developers in Rhode Island and Massachusetts say soaring charges to interconnect with the electric grid are threatening the viability of projects. 

As more large-scale solar projects line up for connections, developers are being charged upfront for the full cost of the infrastructure upgrades required, a long-common practice that they say is now becoming untenable amid debates over a new solar customer charge in Nova Scotia. 

“It is a huge issue that reflects an under-invested grid that is not ready for the volume of distributed generation that we’re seeing and that we need, particularly solar,” said Jeremy McDiarmid, vice president for policy and government affairs at the Northeast Clean Energy Council, a nonprofit business organization. 

Connecting solar and wind systems to the grid often requires upgrades to the distribution system to prevent problems, such as voltage fluctuations and reliability risks highlighted by Australian distributors in their networks. Costs can vary considerably from place to place, depending on the amount of distributed generation coming online and the level of capacity planning by regulators, said David Feldman, a senior financial analyst at the National Renewable Energy Laboratory.

“Certainly the Northeast often has more distribution challenges than much of the rest of the country just because it’s more populous and often the infrastructure is older,” he said. “But it’s not unique to the Northeast — in the Midwest, for example, there’s a significant amount of wind projects in the queues and significant delays.”

In Rhode Island and Massachusetts, where strong incentive programs are driving solar development, the level of solar coming online is “exposing the under-investment in the distribution system that is causing these massive costs that National Grid is assigning to particular projects or particular groups of projects,” McDiarmid said. “It is going to be a limiting factor for how much clean energy we can develop and bring online.”

Frank Epps, chief executive officer at Energy Development Partners, has been developing solar projects in Rhode Island since 2010. In that time, he said, interconnection charges on his projects have grown from about $80,000-$120,000 per megawatt to more than $400,000 per megawatt. He attributed the increase to a lack of investment in the distribution network by National Grid over the last decade.

He and other developers say the utility is now adding further to their costs by passing along not just the cost of improving the distribution system — the equivalent of the city street of the grid that brings power directly to customers — but also costs for modifying the transmission system — the interstate highway that moves bulk power over long distances to substations. 

Solar developers who are only requesting to hook into the distribution system, and not applying for transmission service, say they should not be charged for those additional upgrades under state interconnection rules unless they are properly authorized under the federal law that governs the transmission system. 

A Rhode Island solar and wind developer filed a complaint with the Federal Energy Regulatory Commission in February over transmission system improvement charges for its four proposed solar projects. Green Development said National Grid subsidiaries Narragansett Electric and New England Power Company want to charge the company more than $500,000 a year in operating and maintenance expenses assessed as so-called direct assignment facility charges. 

“This amount nearly doubles the interconnection costs associated with the projects,” which total 38.4 megawatts in North Smithfield, the company says in its complaint. “Crucially, these charges are linked to recovering costs associated with providing transmission service — even though no such transmission service is being provided to Green Development.”

But Ted Kresse, a spokesperson for National Grid, said the direct assignment facility, or DAF, construct has been in place for decades and has been applied to any customer affecting the need for transmission upgrades.

“It is the result of the high penetration and continued high volume of distributed generation interconnections that has recently prompted the need for transmission upgrades, and subsequently the pass-through of the associated DAF charges,” he said. 

Several complaints before the Rhode Island Public Utilities Commission object to these DAF and other transmission charges.

One petition for dispute resolution concerns four solar projects totaling 40 MW being developed by Energy Development Partners in a former gravel pit in North Kingstown. Brown University has agreed to purchase the power. 

The developer signed interconnection service agreements with Narragansett Electric in 2019 requiring payment of $21.6 million for costs associated with connecting the projects at a new Wickford Junction substation. Last summer, Narragansett sought to replace those agreements with new ones that reclassified a portion of the costs as transmission-level costs, through New England Power, National Grid’s transmission subsidiary.

That shift would result in additional operational and maintenance charges of $835,000 per year for the estimated 35-year life of the projects, the complaint says.

“This came as a complete shock to us,” Epps said. “We’re not just paying for the maintenance of a new substation. We are paying a share of the total cost that the system owner has to own and operate the transmission system. So all of the sudden, it makes it even tougher for distributed energy resources to be viable.”

In its response to the petition, National Grid argues that the charges are justified because the solar projects will require transmission-level upgrades at the new substation. The company argues that the developer should be responsible for the costs rather than ratepayers, “who are already supporting renewable energy development through their electric rates.”

Seth Handy, one of the lawyers representing Green Development in the FERC complaint, argues that putting transmission system costs on distribution assets is unfair because the distributed resources are “actually reducing the need to move electricity long distances. We’ve been fighting these fights a long time over the underestimating of the value of distributed energy in reducing system costs.”

Handy is also representing the Episcopal Diocese of Rhode Island before the state Supreme Court in its appeal of an April 2020 public utilities commission order upholding similar charges for a proposed 2.2-megawatt solar project at the diocese’s conference center and camp in Glocester. 

Todd Bianco, principal policy associate at the utilities commission, said neither he nor the chairperson can comment on the pending dockets contesting these charges. But he noted that some of these issues are under discussion in another docket examining National Grid’s standards for connecting distributed generation. Among the proposals being considered is the appointment of an independent ombudsperson to resolve interconnection disputes. 

Separately, legislation pending before the Rhode Island General Assembly would remove responsibility for administering the interconnection of renewable energy from utilities, and put it under the authority of the Rhode Island Infrastructure Bank, a financing agency.

Handy, who recently testified in support of the bill, said he believes National Grid has too many conflicting interests to administer interconnecting charges in a timely, transparent and fair fashion, and pointed to utility moves such as changes to solar compensation in other states as examples. In particular, he noted the company’s interests in expanding natural gas infrastructure. 

“There are all kinds of economic interests that they have that conflict with our state policy to provide lower-cost renewable energy and more secure energy solutions,” Handy said.

In testimony submitted to the House Committee on Corporations opposing the legislation, National Grid said such powers are well beyond the purpose and scope of the infrastructure bank. And it cited figures showing Rhode Island is third in the country for the most installed solar per square mile (behind New Jersey and Massachusetts).

Nadav Enbar, program manager at the Electric Power Research Institute, a nonprofit research organization for the utility industry, said interconnection delays and higher costs are becoming more common due to “the incredible uptake” in distributed renewable energy, particularly solar.

That’s impacting hosting capacity, the room available to connect all resources to a circuit without causing adverse harm to reliability and safety. 

“As hosting capacity is being reduced, it’s causing an increasing number of situations where utilities need to study their systems to guarantee interconnection without compromising their systems,” he said. “And that is the reason why you’re starting to see some delays, and it has translated into some greater costs because of the need for upgrades to infrastructure.”

The cost depends on the age or absence of infrastructure, projected load growth, the number of renewable energy projects in the queue, and other factors, he said. As utilities come under increasing pressure to meet state renewable goals, and as some states pilot incentives like a distributed energy rebate in Illinois to drive utility innovation, some (including National Grid) are beginning to provide hosting capacity maps that provide detailed information to developers and policymakers about the amount of distributed energy that can be accommodated at various locations on the grid, he said. 

In addition, the coming availability of high-tech “smart inverters” should help ease some of these problems because they provide the grid with more flexibility when it comes to connecting and communicating with distributed energy resources, Enbar said. 

In Massachusetts, the Department of Public Utilities has opened a docket to explore ways to better plan for and share the cost of upgrading distribution infrastructure to accommodate solar and other renewable energy sources as part of a grid overhaul for renewables nationwide. National Grid has been conducting “cluster studies” there that attempt to analyze the transmission impacts of a group of solar projects and the corresponding interconnection cost to each developer.

Kresse, of National Grid, said the company favors cost-sharing methodologies under consideration that would “provide a pathway to spread cost over the total enabled capacity from the upgrade, as opposed to spreading the cost over only those customers in the queue today.” 

Solar developers want regulators to take an even broader approach that factors in how the deployment of renewables and the resulting infrastructure upgrades benefit not just the interconnecting generator, but all customers. 

“Right now, if your project is the one that causes a multimillion-dollar upgrade, you are assigned that cost even though that upgrade is going to benefit a lot of other projects, as well as make the grid stronger,” said McDiarmid, of the clean energy council. “What we’re asking for is a way of allocating those costs among a variety of developers, as well as to the grid itself, meaning ratepayers. There’s a societal benefit to increasing the modernization of the grid, and improving the resilience of the grid.”

In the meantime, BlueHub Capital, a Boston-based solar developer focused on serving affordable housing developments, recently learned from National Grid that, as a part of one of the area studies, it will be required to pay $5.8 million in transmission and distribution upgrades to interconnect a 2-megawatt solar-plus-storage project that leverages cheaper batteries to enhance resilience, approved for a brownfield site in Gardner, Massachusetts. 

According to testimony submitted to the department, the sum is supposed to be paid within the next year, even though the project will have to wait to be interconnected until April 2027, when a new transmission line is completed. In addition, BlueHub will be responsible for DAF charges totaling $3.4 million over the 20-year life of the project. 

“We’re being asked to pay a fortune to provide solar that the state wants,” said DeWitt Jones, BlueHub’s president. “It’s so expensive that the upgrades are driving everyone out of the interconnection queue. The costs stay the same, but they fall on fewer projects. We need a process of grid design and modernization to guide this.”

 

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

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

 

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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