ASSE unveils new workplace fall prevention standards

By EHS Today


Arc Flash Training CSA Z462 - Electrical Safety Essentials

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$249
Coupon Price:
$199
Reserve Your Seat Today
As slips, trips and falls continue to represent significant exposures and hazards in the workplace, the American Society of Safety Engineers (ASSE) recently announced the approval of three new fall protection standards by the American National Standards Institute (ANSI), aimed at preventing these hazards in the workplace.

The three standards are: ANSI/ASSE Z359.6-2009, “Specification and Design Requirements for Active Fall Protection Systems;” ANSI/ASSE Z359.12-2009, “Connecting Components for Personal Fall Arrest Systems;” and ANSI/ASSE Z359.13-2009, “Personal Energy Absorbers and Energy Absorbing Lanyards”.

According to the Bureau of Labor Statistics (BLS), out of the 5,657 fatal on-the-job injuries that occurred in 2007, 847 were attributed to falls. Aimed at preventing injuries and death due to falls, the ANSI/ASSE Z359.6-2009, approved by ANSI on June 3, specifies requirements for the design and performance of complete active fall-protection systems, including travel-restraint and vertical horizontal fall-arrest systems.

Also approved on June 3, the ANSI/ASSE Z359.12-2009 standard establishes requirements for the performance, design, marking, qualification, test methods and removal from service connectors.

The intention of the ANSI/ASSE Z359.13-2009 standard, approved by ANSI on June 23, is to require all energy-absorbing lanyards and personal energy absorbers to reduce the forces implied on the user to less than 10 times the normal gravitational pull of the earth. In addition, users of energy absorbing lanyards must weigh within the range of 130 to 310 pounds (59 – 140 kg).

“I applaud the ASSE and the devoted group of professionals on the ANSI Z359 Accredited Standards Committee for their dedication to the development of these ground-breaking standards,” said Randall Wingfield, the ANSI/ASSE Z359 Accredited Standards Committee (ASC) chair and president and CEO of Gravitec Systems Inc. “Because falls from heights make up a significant portion of workplace fatalities and injuries, the creation of authoritative documents for workers at height and their employers is essential.

“Years in the making, Z359.12 and Z359.13 expand on existing standards in which connecting devices and personal energy absorbers were initially addressed,” Wingfield added. “Standards devoted solely to these components were necessary because new research and testing have provided us with a better understanding of how these products are used. The new Z359.6 standard tackles fall protection systems design for the first time and is intended for engineers with expertise in this area. The release of these standards marks considerable progress toward the completion of the Z359 Fall Protection Code, a living document that will continue to grow as ten additional standards are drafted and adopted.”

The three new standards will be available soon and will become part of the ASSE Fall Protection Code with an effective date of November 16. The ASSE Fall Protection Code currently includes six standards: Z359.0-2007, “Definitions and Nomenclature Used for Fall Protection and Fall Arrest;” Z359.1-2007, “Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components;” Z359.2-2007, “Minimum Requirements for a Comprehensive Managed Fall Protection Program;” Z359.3-2007, “Safety Requirements for Positioning and Travel Restraint Systems;” Z359.4-2007, “Safety Requirements for Assisted-Rescue and Self-Rescue Systems, Subsystems and Components;” as well as the historical ANSI/ASSE Z359.1-1992 (R1999).

The ANSI/ASSE Z359 ASC for Fall Arrest/Protection also is working on 10 additional Z359 standards projects aimed at protecting workers from falls.

Related News

Electric shock: China power demand drops as coronavirus shutters plants

China Industrial Power Demand 2020 highlights COVID-19 disruption to electricity consumption as factory output stalls; IHS Markit estimates losses equal to Chile's usage, impacting thermal coal, LNG, and Hubei's industrial load.

 

Key Points

An analysis of COVID-19's hit to China's electricity use, cutting industry demand and fuel needs for coal and LNG.

✅ 73 billion kWh loss equals Chile's annual power use

✅ Cuts translate to 30m tonnes coal or 9m tonnes LNG

✅ Hubei peak load 21 percent below plan amid shutdowns

 

China’s industrial power demand in 2020 may decline by as much as 73 billion kilowatt hours (kWh), according to IHS Markit, as the outbreak of the coronavirus has curtailed factory output and prevented some workers from returning to their jobs.

FILE PHOTO: Smoke is seen from a cooling tower of a China Energy ultra-low emission coal-fired power plant during a media tour, in Sanhe, Hebei province, China July 18, 2019. REUTERS/Shivani Singh
The cut represents about 1.5% of industrial power consumption in China. But, as the country is the world’s biggest electricity consumer and analyses of China's electricity appetite routinely underscore its scale, the loss is equal to the power used in the whole of Chile and it illustrates the scope of the disruption caused by the outbreak.

The reduction is the energy equivalent of about 30 million tonnes of thermal coal, at a time when China aims to reduce coal power production, or about 9 million tonnes of liquefied natural gas (LNG), IHS said. The coal figure is more than China’s average monthly imports last year while the LNG figure is a little more than one month of imports, based on customs data.

China has tried to curtail the spread of the coronavirus that has killed more than 1,400 and infected over 60,000 by extending the Lunar New Year holiday for an extra week and encouraging people to work from home, measures that contributed to a global dip in electricity demand as well.

Last year, industrial users consumed 4.85 trillion kWh electricity, accounting for 67% of the country’s total, even as India's electricity demand showed sharp declines in the region.

Xizhou Zhou, the global head of power and Renewables at IHS Markit, said that in a severe case where the epidemic goes on past March, China’s economic growth will be only 4.2% during 2020, down from an initial forecast of 5.8%, while power consumption will climb by only 3.1%, down from 4.1% initially, even as power cuts and blackouts raise concerns.

“The main uncertainty is still how fast the virus will be brought under control,” said Zhou, adding that the impact on the power sector will be relatively modest from a full-year picture in 2020, even though China's electric power woes are already clouding solar markets.

In Hubei province, the epicenter of the virus outbreak, the peak power load at the end of January was 21% less than planned, mirroring how Japan's power demand was hit during the outbreak, data from Wood Mackenzie showed.

Industrial operating rates point to a firm reduction in power consumption in China.

Utilization rates at plastic processors are between 30% and 60% and the low levels are expected to last for another two week, according to ICIS China.

Weaving machines at textile plants are operating at below 10% of capacity, the lowest in five years, ICIS data showed. China is the world’s biggest textile and garment exporter.

 

Related News

View more

More Managers Charged For Price Fixing At Ukraine Power Producer

DTEK Rotterdam+ price-fixing case scrutinizes alleged collusion over coal-based electricity tariffs in Ukraine, with NABU probing NERC regulators, market manipulation, consumer overpayment, and wholesale pricing tied to imported coal benchmarks.

 

Key Points

NABU probes alleged DTEK-NERC collusion to inflate coal power tariffs via Rotterdam+; all suspects deny wrongdoing.

✅ NABU alleges tariff manipulation tied to coal import benchmarks.

✅ Four DTEK execs and four NERC officials reportedly charged.

✅ Probe centers on 2016-2017 overpayments; defendants contest.

 

Two more executives of DTEK, Ukraine’s largest private power and coal producer and recently in energy talks with Octopus Energy, have been charged in a criminal case on August 14 involving an alleged conspiracy to fix electricity prices with the state energy regulator, Interfax reported.

They are Ivan Helyukh, the CEO of subsidiary DTEK Grid, which operates as Ukraine modernizes its network alongside global moves toward a smart electricity grid, and Borys Lisoviy, a top manager of power generation company Skhidenergo, according to Kyiv-based Concorde Capital investment bank.

Ukraine’s Anti-Corruption Bureau (NABU) alleges that now four DTEK managers “pressured” and colluded with four regulators at the National Energy and Utilities Regulatory Commission to manipulate tariffs on electricity generated from coal that forced consumers to overpay, reflecting debates about unjustified profits in the UK, $747 million in 2016-2017.

 

DTEK allegedly benefited $560 million in the scheme.

All eight suspects are charged with “abuse of office” and deny wrongdoing, similar to findings in a B.C. Hydro regulator report published in Canada.

There is “no legitimate basis for suspicions set out in the investigation,” DTEK said in an August 8 statement.

Suspect Dmytro Vovk, the former head of NERC, dismissed the investigation as a “wild goose chase” on Facebook.

In separate statements over the past week, DTEK said the managers who are charged have prematurely returned from vacation to “fully cooperate” with authorities in order to “help establish the truth.”

A Kyiv court on August 14 set bail at $400,000 for one DTEK manager who wasn’t named, as enforcement actions like the NT Power penalty highlight regulatory consequences.

The so-called Rotterdam+ pricing formula that NABU has been investigating since March 2017, similar to federal scrutiny of TVA rates, was in place from April 2016 until July of this year.

It based the wholesale price of electricity by Ukrainian thermal power plants on coal prices set in the Rotterdam port plus delivery costs to Ukraine.

NABU alleges that at certain times it has not seen documented proof that the purchased coal originated in Rotterdam, insisting that there was no justification for the price hikes, echoing issues around paying for electricity in India in some markets.

Ukraine started facing thermal-coal shortages after fighting between government forces and Russia-backed separatists in the eastern part of the country erupted in April 2014. A vast majority of the anthracite-coal mines on which many Ukrainian plants rely are located on territory controlled by the separatists.

Overnight, Ukraine went from being a net exporter of coal to a net importer and started purchasing coal from as far away as South Africa and Australia.

 

Related News

View more

Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

Related News

View more

Strong Winds Knock Out Power Across Miami Valley

Miami Valley Windstorm Power Outages disrupted thousands as 60 mph gusts toppled trees, downed power lines, and damaged buildings. Utility crews and emergency services managed debris, while NWS alerts warned of extended restoration.

 

Key Points

Region-wide power losses from severe winds in the Miami Valley, causing damage, debris, and restoration.

✅ 60 mph gusts downed trees, snapped lines, blocked roads

✅ Crews from DP&L worked extended shifts to restore service

✅ NWS issued wind advisories; schools, businesses closed

 

On a recent day, powerful winds tore through the Miami Valley, causing significant disruption across the region. The storm, which was accompanied by gusts reaching dangerous speeds, led to windstorm power outages affecting thousands of homes and businesses. As trees fell and power lines were snapped, many residents found themselves without electricity for hours, and in some cases, even days.

The high winds, which were part of a larger weather system moving through the area, left a trail of destruction in their wake. In addition to power outages, there were reports of storm damage to buildings, vehicles, and other structures. The force of the wind uprooted trees, some of which fell on homes and vehicles, causing significant property damage. While the storm did not result in any fatalities, the destruction was widespread, with many communities experiencing debris-filled streets and blocked roads.

Utility companies in the Miami Valley, including Dayton Power & Light, quickly mobilized crews, similar to FPL's storm response in major events, to begin restoring power to the affected areas. However, the high winds presented a challenge for repair crews, as downed power lines and damaged equipment made restoration efforts more difficult. Many customers were left waiting for hours or even days for their power to be restored, and some neighborhoods were still experiencing outages several days after the storm had passed.

In response to the severe weather, local authorities issued warnings to residents, urging them to stay indoors and avoid unnecessary travel. Wind gusts of up to 60 miles per hour were reported, making driving hazardous, particularly on bridges and overpasses, similar to Quebec windstorm outages elsewhere. The National Weather Service also warned of the potential for further storm activity, advising people to remain vigilant as the system moved eastward.

The impact of the storm was felt not only in terms of power outages but also in the strain it placed on emergency services. With trees blocking roads and debris scattered across the area, first responders were required to work quickly and efficiently to clear paths and assist those in need. Many residents were left without heat, refrigeration, and in some cases, access to medical equipment that relied on electricity.

Local schools and businesses were also affected by the storm. Many schools had to cancel classes, either due to power outages or because roads were impassable. Businesses, particularly those in the retail and service sectors, faced disruptions in their operations as they struggled to stay open without power amid extended outages that lingered, or to address damage caused by fallen trees and debris.

In the aftermath of the storm, Miami Valley residents are working to clean up and assess the damage. Many homeowners are left dealing with the aftermath of tree removal, property repairs, and other challenges. Meanwhile, local governments are focusing on restoring infrastructure, as seen after Toronto's spring storm outages in recent years, and ensuring that the power grid is secured to prevent further outages.

While the winds have died down and conditions have improved, the storm’s impact will be felt for weeks to come, reflecting Florida's weeks-long restorations after severe storms. The region will continue to recover from the damage, but the event serves as a reminder of the power of nature and the resilience of communities in the face of adversity. For residents affected by the power outages, recovery will require patience as utility crews and local authorities work tirelessly to restore normalcy.

Looking ahead, experts are urging residents to prepare for the next storm season by ensuring that they have emergency kits, backup generators, and contingency plans in place. As climate change contributes to more extreme weather events, it is likely that storms of this magnitude will become more frequent. By taking steps to prepare in advance, communities across the Miami Valley can better handle whatever challenges come next.

 

Related News

View more

The Collapse of Electric Airplane Startup Eviation

Eviation Collapse underscores electric aviation headwinds, from Alice aircraft battery limits to FAA/EASA certification hurdles, funding shortfalls, and leadership instability, reshaping sustainability roadmaps for regional airliners and future zero-emission flight.

 

Key Points

Eviation Collapse is the 2025 shutdown of Eviation Aircraft, revealing battery, certification, and funding hurdles.

✅ Battery energy density limits curtailed Alice's range

✅ FAA/EASA certification timelines delayed commercialization

✅ Funding gaps and leadership churn undermined execution

 

The electric aviation industry was poised to revolutionize the skies through an aviation revolution with startups like Eviation Aircraft leading the charge to bring environmentally friendly, cost-efficient electric airplanes into commercial use. However, in a shocking turn of events, Eviation has faced an abrupt collapse, signaling challenges that may impact the future of electric flight.

Eviation’s Vision and Early Promise

Founded in 2015, Eviation was an ambitious electric airplane startup with the goal of changing the way the world thinks about aviation. The company’s flagship product, the Alice aircraft, was designed to be an all-electric regional airliner capable of carrying up to 9 passengers. With a focus on sustainability, reduced operating costs, and a quieter flight experience, Alice attracted attention as one of the most promising electric aircraft in development.

Eviation’s aircraft was aimed at replacing small, inefficient, and environmentally damaging regional aircraft, reducing emissions in the aviation industry. The startup’s vision was bold: to create an airplane that could offer all the benefits of electric power – lower operating costs, less noise, and a smaller environmental footprint. Their goal was not only to attract major airlines but also to pave the way for a more sustainable future in aviation.

The company’s early success was driven by substantial investments and partnerships. It garnered attention from aviation giants and venture capitalists alike, drawing support for its innovative technology. In fact, in 2019, Eviation secured a deal with the Israeli airline, El Al, for several aircraft, a deal that seemed to promise a bright future for the company.

Challenges in the Electric Aviation Industry

Despite its early successes and strong backing, Eviation faced considerable challenges that eventually contributed to its downfall. The electric aviation sector, as promising as it seemed, has always been riddled with hurdles – from battery technology to regulatory approvals, and compounded by Europe’s EV slump that dampened clean-transport sentiment, the path to producing commercially viable electric airplanes has proven more difficult than initially anticipated.

The first major issue Eviation encountered was the slow development of battery technology. While electric car companies like Tesla were able to scale their operations quickly during the electric vehicle boom due to advancements in battery efficiency, aviation technology faced a more significant obstacle. The energy density required for a plane to fly long distances with sufficient payload was far greater than what existing battery technology could offer. This limitation severely impacted the range of the Alice aircraft, preventing it from meeting the expectations set by its creators.

Another challenge was the lengthy regulatory approval process for electric aircraft. Aviation is one of the most regulated industries in the world, and getting a new aircraft certified for flight takes time and rigorous testing. Although Eviation’s Alice was touted as an innovative leap in aviation technology, the company struggled to navigate the complex process of meeting the safety and operational standards required by aviation authorities, such as the FAA and EASA.

Financial Difficulties and Leadership Changes

As challenges mounted, Eviation’s financial situation became increasingly precarious. The company struggled to secure additional funding to continue its development and scale operations. Investors, once eager to back the promising startup, grew wary as timelines stretched and costs climbed, amid a U.S. EV market share dip in early 2024, tempering enthusiasm. With the electric aviation market still in its early stages, Eviation faced stiff competition from more established players, including large aircraft manufacturers like Boeing and Airbus, who also began to invest heavily in electric and hybrid-electric aircraft technologies.

Leadership instability also played a role in Eviation’s collapse. The company went through several executive changes over a short period, and management’s inability to solidify a clear vision for the future raised concerns among stakeholders. The lack of consistent leadership hindered the company’s ability to make decisions quickly and efficiently, further exacerbating its financial challenges.

The Sudden Collapse

In 2025, Eviation made the difficult decision to shut down its operations. The company announced the closure after failing to secure enough funding to continue its development and meet its ambitious production goals. The sudden collapse of Eviation sent shockwaves through the electric aviation sector, where many had placed their hopes on the startup’s innovative approach to electric flight.

The failure of Eviation has left many questioning the future of electric aviation. While the industry is still in its infancy, Eviation’s downfall serves as a cautionary tale about the challenges of bringing cutting-edge technology to the skies. The ambitious vision of a sustainable, electric future in aviation may still be achievable, but the path to success will require overcoming significant technological, regulatory, and financial obstacles.

What’s Next for Electric Aviation?

Despite Eviation’s collapse, the electric aviation sector is far from dead. Other companies, such as Joby Aviation, Vertical Aerospace, and Ampaire, are continuing to develop electric and hybrid-electric aircraft, building on milestones like Canada’s first commercial electric flight that signal ongoing demand for green alternatives to traditional aviation.

Moreover, major aircraft manufacturers are doubling down on their own electric aircraft projects. Boeing, for example, has launched several initiatives aimed at reducing carbon emissions in aviation, while Harbour Air’s point-to-point e-seaplane flight showcases near-term regional progress, and Airbus is testing a hybrid-electric airliner prototype. The collapse of Eviation may slow down progress, but it is unlikely to derail the broader movement toward electric flight entirely.

The lessons learned from Eviation’s failure will undoubtedly inform the future of the electric aviation sector. Innovation, perseverance, and a steady stream of investment will be critical for the success of future electric aircraft startups, as exemplified by Harbour Air’s research-driven electric aircraft efforts that highlight the value of sustained R&D. While the dream of electric planes may have suffered a setback, the long-term vision of cleaner, more sustainable aviation is still alive.

 

Related News

View more

Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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.”

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2025 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified