Death knell for nuclear power?

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

Key Points

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

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Puerto Rico Tesla Solar Power enables resilient microgrids using batteries, renewable energy, and energy storage to rebuild the hurricane-damaged grid, reduce fossil fuels, cut costs, and accelerate recovery with scalable solar-plus-storage solutions.

Key Points

A solar-plus-storage plan using Tesla microgrids and batteries to restore Puerto Rico's cleaner, resilient power.

✅ Microgrids cut diesel reliance and harden critical facilities.

✅ Batteries stabilize the grid and shave peak demand costs.

✅ Scalable solar enables faster, modular disaster recovery.

Puerto Rico’s governor Ricardo Rossello has said that he will speak to Elon Musk after the Tesla inventor said his innovative solar and battery systems could be used to restore electricity on the island.

Mr Musk was mentioned in a tweet, referencing an article discussing ways to restore Puerto Rico’s power grid, which was knocked out by Hurricane Maria on September 20.

Restoring the ageing and already-weakened network has proved slow: as of Friday 90 per cent of the island remained without power. The island’s electricity company was declared bankrupt in July.

Mr Musk was asked: “Could @ElonMusk go in and rebuild #PuertoRico’s electricity system with independent solar & battery systems?”

The South African entrepreneur replied: “The Tesla team has done this for many smaller islands around the world, but there is no scalability limit, so it can be done for Puerto Rico too.

“Such a decision would be in the hands of the PR govt, PUC, any commercial stakeholders and, most importantly, the people of PR.”

His suggestion was seized upon by Mr Rossello, who then tweeted: “@ElonMusk Let's talk. Do you want to show the world the power and scalability of your #TeslaTechnologies?

“PR could be that flagship project.”

Mr Musk replied that he was happy to talk.

Restoring power to the battered island is a priority for the government, and improving grid resilience remains critical, with hospitals still running on generators and the 3.5 million people struggling with a lack of refrigeration or air conditioning.

Radios broadcast messages advising people how to keep their insulin cool, and doctors are concerned about people not being able to access dialysis.

And, with its power grid wiped out, the Caribbean island could totally rethink the way it meets its energy needs, drawing on examples like a resilient school microgrid built locally. 

“This is an opportunity to completely transform the way electricity is generated in Puerto Rico and the federal government should support this,” said Judith Enck, the former administrator for the region with the environmental protection agency.

“They need a clean energy renewables plan and not spending hurricane money propping up the old fossil fuel infrastructure.”

Forty-seven per cent of Puerto Rico’s power needs were met by burning oil last year - a very expensive and outdated method of electricity generation. For the US as a whole, petroleum accounted for just 0.3 per cent of all electricity generated in 2016 even as the grid isn’t yet running on 100% renewable energy nationwide.

The majority of the rest of Puerto Rico’s energy came courtesy of coal and natural gas, with renewables, which later faced pandemic-related setbacks, accounting for only two per cent of electricity generation.

“In that time of extreme petroleum prices, the utility was borrowing money and buying oil in order to keep those plants operating,” said Luis Martinez, a lawyer at natural resources defense council and former special aide to the president of Puerto Rico’s environmental quality board.

“That precipitated the bankruptcy that followed. It was in pretty poor shape before the storm. Once the storm got there, it finished the job.”

But Mr Martinez told the website Earther that it might be difficult to secure the financing for rebuilding Puerto Rico with renewables from FEMA (Federal Emergency Management Agency) funds.

“A lot of distribution lines were on wood poles,” he said.

“Concrete would make them more resistant to winds, but that would potentially not be authorized under the use of FEMA funds.

"We’re looking into if some of those requirements can be waived so rebuilding can be more resilient.”

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Utility Pandemic Preparedness strengthens grid resilience through continuity planning, critical infrastructure protection, DOE-DHS coordination, onsite sequestration, skeleton crews, and deferred maintenance to ensure reliable electric and gas service for commercial and industrial customers.

Key Points

Plans that sustain grid operations during outbreaks using staffing limits, access controls, and deferred maintenance.

✅ Deferred maintenance and restricted site access

✅ Onsite sequestering and skeleton crew operations

✅ DOE-DHS coordination and control center staffing

Commercial and industrial businesses can rest assured that the current pandemic poses no real threat to our utilities, with the U.S. grid remaining reliable for now, as disaster planning has been key to electric and gas utilities in recent years, writes Forbes. Beginning a decade ago, the utility and energy industries evolved detailed pandemic plans, outlining what to know about the U.S. grid during outbreaks, which include putting off maintenance and routine activities until the worst of the pandemic has passed, restricting site access to essential personnel, and being able to run on a skeleton crew as more and more people become ill, a capability underscored by FPL's massive Irma response when crews faced prolonged outages.

One possible outcome of the current situation is that the US electric industry may require essential staff to live onsite at power plants and control centers, similar to Ontario work-site lockdown plans under consideration, if the outbreak worsens; bedding, food and other supplies are being stockpiled, reflecting local response preparations many utilities practice, Reuters reported. The Great River Energy cooperative, for example, has had a plan to sequester essential staff in place since the H1N1 bird flu crisis in 2009. The cooperative, which runs 10 power plants in Minnesota, says its disaster planning ensured it has enough cots, blankets and other necessities on site to keep staff healthy.

Electricity providers are now taking part in twice-weekly phone calls with officials at the DOE, the Department of Homeland Security, and other agencies, as Ontario demand shifts are monitored, according to the Los Angeles Times. By planning for a variety of worst case scenarios, including weeks-long restorations after major storms, “I have confidence that the sector will be prepared to respond no matter how this evolves,” says Scott Aaronson, VP of security and preparedness for the Edison Electric Institute.

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Geothermal Power Plant Risks include hydrogen sulfide leaks, toxic gases, lava flow hazards, well blowouts, and earthquake-induced releases at sites like PGV and the Geysers, threatening public health, grid reliability, and environmental safety.

Key Points

Geothermal Power Plant Risks include toxic gases, lava impacts, well failures, and induced quakes that threaten health.

✅ Hydrogen sulfide exposure can cause rapid pulmonary edema.

✅ Lava can breach wells, venting toxic gases into communities.

✅ Induced seismicity may disrupt grids near PGV and the Geysers.

If lava reaches Hawaii’s PGV geothermal power plant, it could release of deadly hydrogen sulfide gas. That’s the latest potential danger from the Kilauea volcanic eruption in Hawaii. Residents now fear that lava flow will trigger a meltdown at the Puna Geothermal Venture (PGV) power plant that would release even more toxic gases into the air.

Nobody knows what will happen if lava engulfs the PGV because magma has never engulfed a geothermal power plant, Reuters reported. A geothermal power plant uses steam and gas heated by lava deep in the earth to run turbines that make electricity.

The PGV power plant produces 25% of the power used on Hawaii’s “Big Island.” The plant is considered a source of clean energy because geothermal plants burn no fossil fuels and produce little pollution under normal circumstances, even as nuclear retirements like Three Mile Island reshape low-carbon options.

The Potential Danger from Geothermal Energy

The fear is that the lava would release chemicals used to make electricity at the plant. The PGV has been shut down and authorities moved an estimated 60,000 gallons of flammable liquids away from the facility. They also shut down wells that extract steam and gas used to run the turbines.

Another potential danger is that lava would open the wells and release clouds of toxic gases from them. The wells are typically sealed to prevent the gas from entering the atmosphere.

The most significant threat is hydrogen sulfide, a highly toxic and flammable gas that is colorless. Hydrogen sulfide normally has a rotten egg smell which people might not detect when the air is full of smoke. That means people can breathe hydrogen sulfide in without realizing they have been exposed.

The greatest danger from hydrogen sulfide is pulmonary edema; the accumulation of fluid in the lungs, which causes a person to stop breathing. People have died of pulmonary edema after just a few minutes of exposure to hydrogen sulfide gas. Many victims become unconscious before the gas kills them. Long-term dangers that survivors of pulmonary edema face include brain damage.

Hydrogen sulfide can also cause burns to the skin that are similar to frostbite. Persons exposed to hydrogen sulfide can also suffer from nausea, headaches, severe eye burns, and delirium. Children are more vulnerable to hydrogen sulfide because it is a heavy gas that stays close to the ground.

Geothermal Danger Extends Far Beyond Hawaii

The danger from geothermal energy extends far beyond Hawaii. The world’s largest collection of geothermal power plants is located at the Geysers in California’s Wine Country, and regulatory timelines such as the postponed closure of three Southern California plants can affect planning.

The Geysers field contains 350 steam production wells and 22 power plants in Sonoma, Lake, and Mendocino counties. Disturbingly, the Geysers are located just north of the heavily-populated San Francisco Bay Area and just west of Sacramento, where preemptive electricity shutdowns have been used during extreme fire weather. Problems at the Geysers might lead to significant blackouts because the field supplies around 20% of the green energy used in California.

Another danger from geothermal power is earthquakes because many geothermal power plants inject wastewater into hot rock deep below to produce steam to run turbines, a factor under review as SaskPower explores geothermal in new settings. A geothermal project in Switzerland created Earthquakes by injecting water into the Earth, Zero Hedge reported. A theoretical threat is that quakes caused by injection would cause the release of deadly gases at a geothermal power plant.

The dangers from geothermal power might be much greater than its advocates admit, potentially increasing reliance on natural-gas-based electricity during supply shortfalls.

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Entergy COVID-19 Emergency Relief Fund provides financial assistance to ALICE households, low-income seniors, and disabled customers via United Way grants for rent, mortgage, utilities, food, and bill payment support during COVID-19, alongside a disconnect moratorium.

Key Points

A shareholder-funded program offering essential grants and bill support to Entergy customers affected by COVID-19.

✅ Shareholders commit $700,000; grants distributed via United Way partners.

✅ Focus on ALICE families, low-income seniors, and disabled customers.

✅ Disconnects suspended; bill tools and LIHEAP advocacy underway.

In an effort to help working families experiencing financial hardships as a result of the coronavirus pandemic, the Entergy Charitable Foundation has established the COVID-19 Emergency Relief Fund, recognizing the need for electricity across communities.

"The health and safety of our customers, employees and communities is Entergy's top priority," said Leo Denault, chairman and CEO of Entergy Corporation. "For more than 100 years, Entergy has never wavered in our commitment to supporting our customers and the communities we serve. This pandemic is no different. During this challenging time, we are helping lessen the impact of this crisis on the most vulnerable in our communities. I strongly encourage our business partners to join us in this effort."

As devastating and disruptive as this crisis is for everyone, we know from past experience that those most heavily impacted are ALICE households (low-wage working families) and low-income elderly and disabled customers, who often face energy insecurity during such events - roughly 40%-50% of Entergy's customer base.

"We know from experience that working families and low-income elderly and disabled customers are hardest hit during times of crisis," said Patty Riddlebarger, vice president of Entergy's corporate social responsibility. "We are working quickly to make funds available to community partners that serve vulnerable households to lessen the economic impact of the COVID-19 crisis and ensure that families have the resources they need to get by during this time of uncertainty."

To support our most vulnerable customers, Entergy shareholders are committing $700,000 to the COVID-19 Emergency Relief Fund to help qualifying customers with basic needs such as food and nutrition, rent and mortgage assistance, and other critical needs, alongside measures like Texas utilities waiving fees that ease household costs, until financial situations become more stable. Grants from the fund will be provided to United Way organizations and other nonprofit partners across Entergy's service area that are providing services to impacted households.

Company shareholders will also match employee contributions to the COVID-19 relief efforts of local United Way organizations up to $100,000 to maximize impact.

In addition to establishing the COVID-19 Emergency Relief Fund, Entergy is taking additional steps to support and protect our customers during this crisis, similar to PG&E's pandemic response measures, including:

With support from our regulators, we are temporarily suspending customer disconnects, as seen in New Jersey and New York policies, as we continue to monitor the situation.

We are working with our network of community advocates, as the industry coordination with federal partners continues, to request a funding increase of the Low Income Home Energy Assistance Program to help alleviate financial hardships caused by COVID-19 on vulnerable households.

We are developing bill payment solutions and tools to help customers pay their accumulated balances once the disconnect moratorium is lifted.

Already in place to support vulnerable customers is Entergy's The Power to Care program, which provides emergency bill payment assistance to seniors and disabled individuals. To mark the 20th anniversary of Entergy's low-income customer initiative, the limit of shareholders' dollar for dollar match of customer donations was increased from $500,000 to $1 million per year. Shareholders continue to match employee donations dollar for dollar with no limit.

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Renewable Energy Economic Recovery drives GDP gains, job growth, and climate targets by accelerating clean energy investment, green hydrogen, and grid modernization, delivering high ROI and a resilient, low-carbon transition through stimulus and policy alignment.

Key Points

A strategy to boost GDP and jobs by accelerating clean power and green hydrogen while meeting climate goals.

✅ Adds $98tn to global GDP by 2050; $3-$8 return per $1 invested

✅ Quadruples clean energy jobs to 42m; improves health and welfare

✅ Cuts CO2 70% by 2050; enables net-zero via green hydrogen

Renewable energy could power an economic recovery from Covid-19 through a green recovery that spurs global GDP gains of almost $100tn (£80tn) between now and 2050, according to a report.

The International Renewable Energy Agency’s new IRENA report found that accelerating investment in renewable energy could generate huge economic benefits while helping to tackle the global climate emergency.

The agency’s director general, Francesco La Camera, said the global crisis ignited by the coronavirus outbreak exposed “the deep vulnerabilities of the current system” and urged governments to invest in renewable energy to kickstart economic growth and help meet climate targets.

The agency’s landmark report found that accelerating investment in renewable energy would help tackle the climate crisis and would in effect pay for itself.

Investing in renewable energy would deliver global GDP gains of $98tn above a business-as-usual scenario by 2050, as clean energy investment significantly outpaces fossil fuels, by returning between $3 and $8 on every dollar invested.

It would also quadruple the number of jobs in the sector to 42m over the next 30 years, and measurably improve global health and welfare scores, according to the report.

“Governments are facing a difficult task of bringing the health emergency under control while introducing major stimulus and recovery measures, as a US power coalition demands action,” La Camera said. “By accelerating renewables and making the energy transition an integral part of the wider recovery, governments can achieve multiple economic and social objectives in the pursuit of a resilient future that leaves nobody behind.”

The report also found that renewable energy could curb the rise in global temperatures by helping to reduce the energy industry’s carbon dioxide emissions by 70% by 2050 by replacing fossil fuels, with measures like a fossil fuel lockdown hastening the shift.

Renewables could play a greater role in cutting carbon emissions from heavy industry and transport to reach virtually zero emissions by 2050, particularly by investing in green hydrogen.

The clean-burning fuel, which can replace the fossil fuel gas in steel and cement making, could be made by using vast amounts of clean electricity to split water into hydrogen and oxygen elements.

Andrew Steer, chief executive of the World Resources Institute, said: “As the world looks to recover from the current health and economic crises, we face a choice: we can pursue a modern, clean, healthy energy system, or we can go back to the old, polluting ways of doing business. We must choose the former.”

The call for a green economic recovery from the coronavirus crisis comes after a warning from Dr Fatih Birol, head of the International Energy Agency, that government policies must be put in place to avoid an investment hiatus in the energy transition, even as the solar and wind industry faces Covid-19 disruptions.

“We should not allow today’s crisis to compromise the clean energy transition, even as wind power growth persists despite Covid-19,” he said. “We have an important window of opportunity.”

Ignacio Galán, the chairman and CEO of the Spanish renewables giant Iberdrola, which owns Scottish Power, said the company would continue to invest billions in renewable energy as well as electricity networks and batteries to help integrate clean energy in the electricity.

“A green recovery is essential as we emerge from the Covid-19 crisis. The world will benefit economically, environmentally and socially by focusing on clean energy,” he said. “Aligning economic stimulus and policy packages with climate goals is crucial for a long-term viable and healthy economy.”

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