Ohio Edison to repower coal plant with biomass

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Ohio Edison Company, a subsidiary of FirstEnergy Corp., has agreed in a consent decree to repower one of its coal-fired power plants using primarily renewable biomass fuels, the Justice Department and U.S. Environmental Protection Agency announced.

In the agreement, filed in federal court in Columbus, Ohio and joined by the states of New York, New Jersey and Connecticut, Ohio Edison will repower the R.E. Burger Units 4 and 5 near Shadyside, Ohio with biomass fuel. The consent decree modifies a 2005 consent decree requiring Ohio Edison to reduce emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) at several of its coal-fired plants.

The modified consent decree will substantially reduce emissions of SO2 and NOx from Burger's current levels and also reduce carbon dioxide (CO2) emissions from current levels by more than 1.3 million tons a year. Burger will be the largest coal-fired electric utility plant in the country to repower with renewable biomass fuels and the first such plant at which greenhouse gas emissions will be reduced under a Clean Air Act consent decree.

The original 2005 consent decree resolved a lawsuit filed in 1999 under the New Source Review provisions of the Clean Air Act regarding Ohio Edison's W. H. Sammis plant and required that the company reduce SO2 emissions not only at Sammis but also at several of its smaller plants, including Burger. That agreement gave Ohio Edison three options to reduce Burger's SO2 emissions: shut down the plant, install a scrubber, or repower with natural gas.

Under the modified agreement, Ohio Edison will repower Burger beginning in 2012 with mostly biomass fuels, co-firing with not more than 20 percent low sulfur coal, including natural wood from waste tree trimmings and dedicated sustainable nurseries, agricultural crops, grasses and vegetation waste or products.

Following a year of initial operation and optimization, the Burger plant will be subject to enforceable emissions rates for SO2, NOx and particulate matter (PM). Reductions from current levels of SO2 emissions are expected to be as much as 14,000 tons a year; for NOx, as much as 1300 tons a year; and for PM, as much as 700 tons a year.

As a result of this agreement, conversion to biomass fuel combustion is expected to approach “carbon neutrality,” meaning that CO2 emissions released by burning biomass fuel will be offset by the amount of CO2 absorbed from the atmosphere by the wood and vegetation grown to produce the fuel. After offset, Burger is expected to emit approximately 400,000 tons of CO2 emissions a year, based on 20 percent coal co-firing, versus more than 1.7 million tons from coal-fired combustion prior to repowering with biomass fuel.

The adverse effects on the environment of CO2 emissions, particularly from coal-fired power plants, are well-documented. Last April, EPA issued the “Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act,” which identified the dangers of the current and projected concentrations of the six key greenhouse gases, the most significant being carbon dioxide. In addition, sulfur dioxides, nitrogen oxides and particulate matter cause severe respiratory problems and contribute to childhood asthma. They are also significant contributors to acid rain, smog and haze, which impair visibility in national parks.

“This is a great result for the health and the environment of the nation,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. “We are pleased that Ohio Edison has chosen to significantly reduce greenhouse gases and other pollutants from the Burger plant and hope that Ohio Edison will become the standard-bearer for other companies considering conversion to renewable biomass fuels under the auspices of the EPA and state environmental agencies.”

“Today's settlement improves air quality for the local community and reduces greenhouse gas emissions by requiring the use of a renewable, carbon-neutral fuel to generate electricity,” said Cynthia Giles, Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance. “EPA will seek similar commitments from companies to replace coal-fired electric generation with cleaner, renewable energy in future Clean Air Act settlements.”

The consent decree, lodged in the U.S. District Court for the Southern District of Ohio, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice Web site.

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COVID-19 closures: It's as if Ottawa has fallen off the electricity grid

Ontario Electricity Demand Drop During COVID-19 reflects a 1,000-2,000 MW decline as IESO balances the grid, shifts peak demand later, throttles generators and baseload nuclear, and manages exports amid changing load curves.

 

Key Points

An about 10% reduction in Ontario's load, shifting peaks and requiring IESO grid balancing measures.

✅ Demand down 1,000-2,000 MW; roughly 10% below normal.

✅ Peak shifts later in morning as home use rises.

✅ IESO throttles generators; baseload nuclear stays online.

 

It’s as if the COVID-19 epidemic had tripped a circuit breaker, shutting off all power to a city the size of Ottawa.

Virus-induced restrictions that have shut down large swaths of normal commercial life across Canada has led to a noticeable drop in demand for power in Ontario and reflect a global demand dip according to reports, insiders said on Friday.

Terry Young, vice-president with the Independent Electricity System Operator, said planning was underway for further declines in usage and for whether Ontario will embrace more clean power in the long term, given the delicate balance that needs to be maintained between supply and demand.

“We’re now seeing demand that is running about 1,000 to 2,000 megawatts less than we would normally see,” Young said. “You’re essentially seeing a city the size of Ottawa drop off demand during the day.”

At the high end, a 2,000 megawatt reduction would be close to the equivalent peak demand of Ottawa and London, Ont., combined.

The decline, in the order of 10 per cent from the 17,000 to 18,000 megawatts of usage that might normally be expected and similar to the UK’s 10% drop reported during lockdowns, began last week, Young said. The downward trend became more noticeable as governments and health authorities ordered non-essential businesses to close and people to stay home. However, residential and hospital usage has climbed.

Experts say frequent hand-washing and staying away from others is the most effective way to curb the spread of the highly contagious coronavirus, which poses a special risk to older people and those with underlying health conditions. As a result, factories and other big users have reduced production or closed entirely.

Because electricity cannot be stored, generators need to throttle back their output as domestic demand shrinks and exports to places such as the United States, including New York City, which is also being hit hard by the coronavirus, fall.

“We’re watching this carefully,” Young said. “We’re able to manage this drop, but it’s something we obviously have to keep watching…and making sure we’re not over-generating electricity.”

Turning off generation, especially for nuclear plants, is an intensive process, as are restarts and would likely happen only if the downward demand trend intensifies significantly, amid concerns over Ontario’s electricity getting dirtier if baseload is displaced. However, one of North America’s largest generators, Bruce Power near Kincardine, Ont., said it had a large degree of flexibility to scale down or up.

“We have the ability to provide one-third of our output as a dynamic response, which is unique to our facility,” said James Scongack, an executive vice-president with Bruce Power. “We developed this coming out of the 2008 downturn and it’s been a critical system asset for the last decade.”

“We don’t see there being a scenario where our baseload will not be needed,” he said, even as some warn Ontario may be short of electricity in the coming years.

The province’s publicly owned Ontario Power Generation said it was also in conversations with the system operator, which provides direction to generators, and is often cited in the Ontario election discussion.

One clear shift in normal work-day usage with so many people staying at home has been the change in demand patterns. Typically, Young said, there’s a peak from about 7 a.m. to 8 a.m. as people wake and get ready to go to work or school. The peak is now occurring later in the morning, Young said.

 

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Top Senate Democrat calls for permanent renewable energy, storage, EV tax credits

Clean Energy Tax Incentives could expand under Democratic proposals, including ITC, PTC, and EV tax credits, boosting renewable energy, energy storage, and grid modernization within a broader infrastructure package influenced by Green New Deal goals.

 

Key Points

Federal incentives like ITC, PTC, and EV credits that cut costs and speed renewables, storage, and grid upgrades.

✅ Proposes permanence for ITC, PTC, and EV tax credits

✅ Could accelerate solar, wind, storage, and grid upgrades

✅ Passage depends on bipartisan infrastructure compromise

 

The 115th U.S. Congress has not even adjourned for the winter, and already a newly resurgent Democratic Party is making demands that reflect its majority status in the U.S. House come January.

Climate appears to be near the top of the list. Last Thursday, Senator Chuck Schumer (D-NY), the Democratic Leader in the Senate, sent a letter to President Trump demanding that any infrastructure package taken up in 2019 include “policies and funding to transition to a clean energy economy and mitigate the risks that the United States is already facing due to climate change.”

And in a list of policies that Schumer says should be included, the top item is “permanent tax incentives for domestic production of clean electricity and storage, energy efficient homes and commercial buildings, electric vehicles, and modernizing the electric grid.”

In concrete terms, this could mean an extension of the Investment Tax Credit (ITC) for solar and energy storage, the Production Tax Credit (PTC) for wind and the federal electric vehicle (EV) tax credit program as well.

 

Pressure from the Left

This strong statement on climate change, clean energy and infrastructure investment comes as at least 30 incoming members of the U.S. House of Representatives have signed onto a call for the creation of a committee to explore a “Green New Deal” and to move the nation to 100% renewable energy by 2030.*

It also comes as Schumer has come under fire by activists for rumors that he plans to replace Senator Maria Cantwell (D-Washington) with coal state Democrat Joe Manchin (D-West Virginia) as the top Democrat on the Senate Energy and Natural Resources Committee.

As such, one possible way to read these moves is that centrist leaders like Schumer are responding to pressure from an energized and newly elected Left wing of the Democratic Party. It is notable that Schumer’s program includes many of the aims of the Green New Deal, while avoiding any explicit use of that phrase.

 

Implications of a potential ITC extension

The details of levels and timelines are important here, particularly for the ITC.

The ITC was set to expire at the end of 2016, but was extended in legislative horse-trading at the end of 2015 to a schedule where it remains at 30% through the end of 2019 and then steps down for the next three years, and disappears entirely for residential projects. Since that extension the IRS has issued guidance around the use of co-located energy storage, as well as setting a standard under which PV projects can claim the ITC for the year that they begin construction.

This language around construction means that projects can start work in 2019, complete in 2023 and still claim the 30% ITC, and this may be why we at pv magazine USA are seeing an unprecedented boom in project pipelines across the United States.

Of course, if the ITC were to become permanent some of those projects would be pushed out to later years. But as we saw in 2016, despite an extension of the ITC many projects were still completed before the deadline, leading to the largest volume of PV installed in the United States in any one year to date.

This means that if the ITC were extended by the end of 2020, we could see the same thing all over again – a boom in projects created by the expected sunset, and then after a slight lull a continuation of growth.

Or it is possible that a combination of raw economics, increased investor and utility interest, and accelerating renewable energy mandates will cause solar growth rates to continue every year, and that any changes in the ITC will only be a bump against a larger trend.

While the basis for expiration of the EV tax credit is the number of vehicles sold, not any year, both the battery storage and EV industries, which many see at an inflection point, could see similar effects if the ITC and EV tax credits are made permanent.

 

Will consensus be reached?

It is also unclear that any such infrastructure package will be taken up by Republicans, or that both parties will be able to come to a compromise on this issue. While the U.S. Congress passed an infrastructure bill in 2017, given the sharp and growing differences between the two parties, and divergent trade approaches such as the 100% tariff on Chinese-made EVs, it is not clear that they will be able to come to a meaningful compromise during the next two years.

 

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Coalition pursues extra $7.25B for DOE nuclear cleanup, job creation

DOE Environmental Management Funding Boost seeks $7.25B to accelerate nuclear cleanup, upgrade Savannah River Site infrastructure, create jobs, and support small businesses, echoing ARRA 2009 results and expediting DOE EM waste remediation nationwide.

 

Key Points

A proposed $7.25B stimulus for DOE's EM to accelerate nuclear cleanup, modernize infrastructure, and create jobs.

✅ $7.25B one-time stimulus for DOE EM cleanup and infrastructure.

✅ Targets Savannah River Site; supports jobs and small businesses.

✅ Builds on ARRA 2009; accelerates nuclear waste remediation.

 

A bloc of local governments and nuclear industry, nuclear innovation efforts, labor and community groups are pressing Congress to provide a one-time multibillion-dollar boost to the U.S. Department of Energy Office of Environmental Management, the remediation-focused Savannah River Site landlord.

The organizations and officials -- including Citizens For Nuclear Technology Awareness Executive Director Jim Marra and Savannah River Site Community Reuse Organization President and CEO Rick McLeod -- sent a letter Friday to U.S. House and Senate leadership "strongly" supporting a $7.25 billion funding injection, even as ACORE challenges coal and nuclear subsidies in separate regulatory proceedings, arguing it "will help reignite the national economy," help revive small businesses and create thousands of new jobs despite the novel coronavirus crisis.

More than 30 million Americans have filed unemployment claims in the past two months, with additional clean energy job losses reported, too. Hundreds of thousands of claims have been filed in South Carolina since mid-March, compounding issues like unpaid utility bills in neighboring states.

The requested money could, too, speed Environmental Management's nuclear waste cleanup missions and be used to fix ailing infrastructure and strengthen energy security for rural communities nationwide -- some of which dates back to the Cold War -- at sites across the country. That's a "rare" opportunity, reads the letter, which prominently features the Energy Communities Alliance logo and its chairman's signature.

Similar funding programs, like what was done with the 2009 American Recovery and Reinvestment Act and recent clean energy funding initiatives, have been successful.

At the time, amid a staggering economic downturn nationwide, Environmental Management contractors "hired over 20,000 new workers," putting them "to work to reduce the overall cleanup complex footprint by 688 square miles while strengthening local economies," the Friday letter reads.

The Energy Department's cleanup office estimates the $6 billion investment years ago reduced its environmental liability by $13 billion, according to a 2012 report.

Such a leap forward, the coalition believes, is repeatable, a view reflected in current plans to revitalize coal communities with clean energy projects across the country.

"We are confident that DOE can successfully manage increased funding and leverage it for future economic development as it has in the past," the letter states. It continues: "We take pride in working together to support jobs and development of infrastructure and work that make our country stronger and assists us to recover from the impacts of COVID-19."

As of Monday afternoon, 8,942 cases of COVID-19, the disease caused by the novel coronavirus, have been logged in South Carolina. Aiken County is home to 155 of those cases.

 

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After Quakes, Puerto Rico's Electricity Is Back On For Most, But Uncertainty Remains

Puerto Rico Earthquakes continue as a seismic swarm with aftershocks, landslides near Pef1uelas, damage in Ponce and Guayanilla, grid outages from Costa Sur Plant, PREPA recovery, vulnerable buildings post-Hurricane Maria raising safety concerns.

 

Key Points

Recurring seismic events impacting Puerto Rico, causing damage, aftershocks, outages, and displacement.

✅ Seismic swarm with 6.4 and 5.9 magnitude quakes and ongoing aftershocks

✅ Costa Sur Plant offline; PREPA urges conservation amid grid repairs

✅ Older, code-deficient buildings and landslides raise safety risks

 

Some in Puerto Rico are beginning to fear the ground will never stop shaking. The island has been pummeled by hundreds of earthquakes in recent weeks, including the recent 5.9 magnitude temblor, where there were reports of landslides in the town of Peñuelas along the southern coast, rattling residents already on edge from the massive 6.4 magnitude quake, and raising wider concerns about climate risks to the grid in disaster-prone regions.

That was the largest to strike the island in more than a century causing hundreds of structures to crumble, forcing thousands from their homes and leaving millions without power, a scenario echoed by Texas power outages during winter storms too. One person was killed and several others injured.

Utility says 99% of customers have electricity

Puerto Rico's public utility, PREPA, tweeted some welcome news Monday: that nearly all of the homes and businesses it serves have had electric power restored. Still it is urging customers to conserve energy amid utility supply-chain shortages that can slow critical repairs.

Reporting from the port city of Ponce, NPR's Adrian Florido said the Costa Sur Plant, which produces more than 40% of Puerto Rico's electricity, was badly damaged in last week's quake. It remains offline indefinitely, even as grid operators elsewhere have faced California blackout warnings during extreme heat.

He also reports many residents are still reeling from the devastation caused by Hurricane Maria, a deadly Category 4 storm that battered the island in September 2017. The storm exposed the fact that buildings across the island were not up to code, similar to how aging systems have contributed to PG&E power line fires in California. The series of earthquakes are only amplifying fears that structures have been further weakened.

"People aren't coping terribly well," Florido said on NPR's Morning Edition Monday, noting that households elsewhere have endured pandemic power shutoffs and burdensome bills.

Many earthquake victims sleeping outdoors

Florido spoke to one displaced resident, Leticia Espada, who said more than 50 homes in her town of Guayanilla, about an hour drive east of the port city of Ponce, had collapsed.

After sleeping outside for days on her patio following Tuesday's quake, she eventually came to her town's baseball stadium where she's been sleeping on one of hundreds of government-issued cots.

She's like so many others sleeping in open-air shelters, many unwilling to go back to their homes until they've been deemed safe, while even far from disaster zones, brief events like a Northeast D.C. outage show how fragile service can be.

"Thousands of people across several towns sleeping in tents or under tarps, or out in the open, protected by nothing but the shade of a tree with no sense of when these quakes are going to stop," Florido reports.

 

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27,000 Plus More Clean Energy Jobs Lost in May

U.S. Clean Energy Job Losses highlight COVID-19 impacts on renewable energy, solar, wind, and energy efficiency, with PPP fatigue, unemployment, and calls for Congressional stimulus, per Department of Labor data analyzed by E2.

 

Key Points

Pandemic-driven layoffs across renewable, solar, wind, and efficiency sectors, risking recovery without federal aid.

✅ Over 620,500 clean energy jobs lost in three months

✅ Energy efficiency, solar, and wind hit hardest nationwide

✅ Industry urges Congress for stimulus, tax credit relief

 

As Congress this week begins debating economic stimulus support for the energy industry, a new analysis of unemployment data shows the biggest part of America's energy economy - clean energy - lost another 27,000 jobs in May, bringing the total number of clean energy workers who have lost their jobs in the past three months to more than 620,500.

While May saw an improvement in new unemployment claims over March and April, the findings represent the sector's third straight month of significant job losses across solar, wind, energy efficiency, clean vehicles and other industries. With coronavirus cases once again rising in many states and companies beginning to run out of the Payroll Protection Program (PPP) funding that has helped small businesses keep workers employed, and as households confront pandemic power shut-offs that heighten energy insecurity, the report increases concerns the sector will be unable to resume its economy-leading jobs growth in the short- or long-term without a significant policy response.

Given the size and scope of the clean energy industry, such a sustained loss would cast a pall on the nation's overall economic recovery, as shifting electricity demand during COVID-19 complicates forecasts, according to the analysis of the Department of Labor's May unemployment data from E2 (Environmental Entrepreneurs), E4TheFuture and the American Council on Renewable Energy (ACORE).

Prior to COVID-19, clean energy - including energy efficiency, solar and wind generation, clean vehicles and related sectors - was among the U.S. economy's biggest and fastest-growing employment sectors, growing 10.4% since 2015 to nearly 3.4 million jobs at the end of 2019. That made clean energy by far the biggest employer of workers in all energy occupations, employing nearly three times as many people as the fossil fuel industry. For comparison, coal mining employs about 47,000 workers, even as clean energy projects in coal communities aim to revitalize local economies.

The latest monthly analysis for the groups by BW Research Partnership runs contrary to recent Bureau of Labor Statistics (BLS) reports, which indicated that a more robust economic rebound was underway, even as high fuel prices haven't spurred a green shift in adoption, while also acknowledging misclassifications and serious reporting difficulties in its own data.

Bob Keefe, Executive Director at E2, said:

"May's almost 30,000 clean energy jobs loss is sadly an improvement in the rate of jobs shed but make no mistake: There remains huge uncertainty and volatility ahead. It will be very tough for clean energy to make up these continuing job losses without support from Congress. Lawmakers must act now. If they do, we can get hundreds of thousands of these workers back on the job today and build a better, cleaner, more equitable economy for tomorrow. And who doesn't want that?"

Pat Stanton, Policy Director at E4TheFuture, said:

"Most of the time, energy efficiency workers need to go inside homes, businesses and other buildings to get the job done. Since they couldn't do that during COVID lockdowns, they couldn't work. Now states are opening up. But utilities, contractors and building owners need to protect employees and occupants from possible exposure to the virus and need more clarity about potential liabilities."

Gregory Wetstone, President and CEO of ACORE, said:

"In May, we saw thousands of additional renewable energy workers join the ranks of the unemployed, further underscoring the damage COVID-19 is inflicting on our workforce. Since the pandemic began, nearly 100,000 renewable energy workers have lost their jobs. We need help from Congress to get American clean energy workers back to work. With commonsense measures like temporary refundability and a delay in the phasedown of renewable energy tax credits, Congress can help restore these good-paying jobs so the renewable sector can continue to provide the affordable, pollution-free power American consumers and businesses want and deserve."

Phil Jordan, Vice President and Principal at BW Research Partnership, said:

"We understand the challenges and limitations of data collection for BLS in the middle of a global pandemic. But any suggestion that a strong employment rebound is underway in the United States simply is not reflected in the clean energy sector right now. And with PPP expiring, that only increases uncertainty in the months ahead."

The report comes as both the Senate Committee on Energy and Natural Resources and the House Energy and Commerce Committee are considering clean energy stimulus to restart the U.S. economy, and amid assessments of mixed results from the climate law shaping expectations, and as lawmakers in both the House and Senate are increasing calls for supporting clean energy workers and businesses, including this bicameral letter signed by 57 members of Congress and another signed today by 180 House members.

Industries Hit Hardest

According to the analysis, energy efficiency lost more jobs than any other clean energy sector for the third consecutive month in May, shedding about 18,900 jobs. These workers include electricians, HVAC technicians who work with high-efficiency systems, and manufacturing employees who make Energy Star appliances, LED lighting systems and efficient building materials.

Renewable energy, including solar and wind, lost nearly 4,300 jobs in May.

Clean grid and storage and clean vehicles manufacturing -- including grid modernization, energy storage, car charging and electric and plug-in hybrid vehicle manufacturing -- lost a combined 3,200 jobs in May, as energy crisis impacts electricity, gas, and EVs in several ways.

The clean fuels sector lost more than 650 jobs in May.

States and Localities Hit Across Country

California continues to be the hardest hit state in terms of total job losses, losing 4,313 jobs in May and more than 109,700 since the COVID-19 crisis began. Florida was the second hardest hit state in May, losing an additional 2,563 clean energy jobs, while Georgia, Texas, Washington, and Michigan all suffered more than 1,000 job losses across the sector. An additional 12 states saw at least 500 clean energy unemployment filings, and reports like Pennsylvania's clean energy jobs analysis provide added context, according to the latest analysis.

For a full breakdown of clean energy job losses in each state, along with a list of the hardest hit counties and metro areas, see the full analysis here.

 

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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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