Blackouts skyrocketing in U.S.

By CNN


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New York's Staten Island was broiling under a life-threatening heat wave and borough President James Molinaro was seriously concerned about the area's Little League baseball players.

It was last July's Eastern heat wave and Consolidated Edison was responding to scattered power outages as electricity usage neared record highs.

So, authorities followed Molinaro's suggestion to cancel that night's Little League games, which were to be played under electricity-sucking stadium lights.

"Number one, it was a danger to the children that were playing out there in that heat, and secondly it would save electricity that people would need for air conditioning in their homes," said Molinaro, who'd been forced to sleep at his office that night because of a blackout in his own neighborhood.

Throughout New York City, about 52,000 of ConEd's 3.2 million customers lost power during the heat wave. Triple-digit temperatures forced residents like 77 year-old Rui Zhi Chen, to seek shelter at one of the city's 400 emergency cooling centers. "It felt like an oven in my home and on the street," Chen said.

Should Americans view these kinds of scenarios as extraordinary circumstances — or a warning sign of a darker future?

Experts on the nation's electricity system point to a frighteningly steep increase in non-disaster-related outages affecting at least 50,000 consumers. During the past two decades, such blackouts have increased 124 percent — up from 41 blackouts between 1991 and 1995, to 92 between 2001 and 2005, according to research at the University of Minnesota.

In the most recently analyzed data available, utilities reported 36 such outages in 2006 alone.

"It's hard to imagine how anyone could believe that — in the United States — we should learn to cope with blackouts," said University of Minnesota Professor Massoud Amin, a leading expert on the U.S. electricity grid.

Amin supports construction of a nationwide "smart grid" that would avert blackouts and save billions of dollars in wasted electricity.

In a nutshell, a smart grid is an automated electricity system that improves the reliability, security and efficiency of electric power. It more easily connects with new energy sources, such as wind and solar, and is designed to charge electric vehicles and control home appliances via a so-called "smart" devices. You might say Amin's connection with electricity began in New York City with a bolt of lightning.

In July 1977, Amin was a 16-year-old high school student visiting from his native Iran when lightning triggered a 24-hour blackout that cut power to nine million.

As he and his father walked near their Midtown Manhattan hotel, they were shocked to see looters smash their way into an electronics store less than 20 yards down the street.

More than 30 years later, the United States is still "operating the most advanced economy in the world with 1960s and 70s technology," said Amin. Failing to modernize the grid, he said, will threaten the U.S. position as an economic super power.

Millions remember the historic August 2003 blackout, when overgrown trees on powerlines triggered an outage that cascaded across an overloaded regional grid. An estimated 50 million people lost power in Canada and eight northeastern states. Smart grid technology, experts say, would have immediately detected the potential crisis, diverted power and likely saved $6 billion in estimated business losses.

By April of 2013 ConEd hopes to install a "smart" automated self-healing system aimed at preventing the burnout of large feeder cables during peak demand periods — such as heat waves.

The new technology would anticipate possible equipment failure in specific neighborhoods and reroute electricity to compensate. For example, a project to help Queens' Flushing neighborhood will "give us the capability to remotely control up to 26 underground switches," said Con Ed smart grid manager Thomas Magee.

Had systems like this been in place, said ConEd's Aseem Kapur, it might have prevented or reduced New York's scattered outages last July.

Some of the most reliable utilities are in the heartland states of Iowa, Minnesota, Missouri, the Dakotas, Nebraska and Kansas.

In those states, the power is out an average of only 92 minutes per year, according to a 2008 Lawrence Berkeley National Laboratory study. On the other end of the spectrum, utilities in New York Pennsylvania and New Jersey averaged 214 minutes of total interruptions each year. These figures don't include power outages blamed on tornadoes or other disasters.

But compare the U.S. data to Japan which averages only four minutes of total interrupted service each year. "As you can see, we have a long way to go," said Andres Carvallo, who played a key role in planning the smart grid in Austin, Texas.

Experts point to the northeastern and southeastern U.S. as regions where outages pose the most threat — mainly due to aging wires, pole transformers and other lagging infrastructure.

"They know where they have tight spots," said Mark Lauby, of the North American Electric Reliability Corporation, which enforces reliability standards. Without mentioning specific regions, Lauby said utilities are "making sure the generation and the transmission are available to help support those consumers."

Building a national smart grid "won't be cheap and it wont be easy," acknowledged Amin. Much of it could be completed as soon as 2030 at a cost of up to $1.5 trillion, according to the Department of Energy. It's unclear who would foot the entire bill, but the Obama administration has committed about $4 billion in investment grants.

Carvallo jokes about the so-called "Easy Button" at Austin Energy. It's not really a big red button on the wall, but it is a mechanism that allows an operator to control tens of thousands of home thermostats.

"Austin is two to three years ahead of everybody else," said Carvallo, now chief strategy officer for the smart grid software firm Grid Net.

He points to a volunteer program that offers free thermostats to customers who allow the utility to remotely control their air conditioners during specific months and hours. This way, thousands of power-gulping air conditioners can be cycled off for a short time when electricity was needed elsewhere.

By summer's end, Austin expects to begin enabling its 700,000 streetlights to be turned "on and off with a flip of a switch," saving $340,000 in electricity each year, and eliminating 200 tons of carbon dioxide air pollution.

Replacing old-style electric meters with "smart meters" is often described as the first step in creating a smart grid. All 400,000 of Austin's meters are smart meters.

Nationwide, 26 utilities in 15 states have installed some 16 million smart meters in homes and businesses.

Soon, when power goes out in a neighborhood with smart meters, utilities won't have to wait for customers to report outages -- the smart meters will alert utilities automatically. Utilities will then e-mail or text message each affected customer information about when the lights will be back on.

Critics question smart meter accuracy and whether the devices will really save energy in the long run.

"It feels a bit like the utilities are jumping the gun and they're trying to put these meters in before the rest of the pieces of the so-called smart grid are in place and before we even know that the smart meters are going to have advantages commensurate with the cost," said electricity consumer advocate Mindy Spatt of The Utility Reform Network.

One advantage of smart grid technology may be jobs.

High-tech manufacturers want to locate their factories in places where electricity is most reliable, said Carvallo. "That's where the manufacturing facilities move to. That's where you get your high-paying jobs."

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Alberta's Rising Electricity Prices

Alberta Last-Resort Power Rate Reform outlines consumer protection against market volatility, price spikes, and wholesale rate swings, promoting fixed-rate plans, price caps, transparency, and stable pricing mechanisms within Alberta's deregulated power market.

 

Key Points

Alberta Last-Resort Power Rate Reform seeks stable, transparent pricing and stronger consumer protections.

✅ Caps or hedges shield bills from wholesale price spikes

✅ Expand fixed-rate options and enrollment nudges

✅ Publish clear, real-time pricing and market risk alerts

 

Alberta’s electricity market is facing growing instability, with rising prices leaving many consumers struggling. The province's rate of last resort, a government-set price for people who haven’t chosen a fixed electricity plan, has become a significant concern. Due to volatile market conditions, this rate has surged, causing financial strain for households. Experts, like energy policy analyst Blake Shaffer, argue that the current market structure needs reform. They suggest creating more stability in pricing, ensuring better protection for consumers against unexpected price spikes, and addressing the flaws that lead to market volatility.

As electricity prices climb, many consumers are feeling the pressure. In Alberta, where energy deregulation is the norm in the electricity market, people without fixed-rate plans are automatically switched to the last-resort rate when their contracts expire. This price is based on fluctuating wholesale market rates, which can spike unexpectedly, leaving consumers vulnerable to sharp price increases. For those on tight budgets, such volatility makes it difficult to predict costs, leading to higher financial stress.

Blake Shaffer, a prominent energy policy expert, has been vocal about the need to address these issues. He has highlighted that while some consumers benefit from fixed-rate plans, with experts urging Albertans to lock in rates when possible, those who cannot afford them or who are unaware of their options often find themselves stuck with the unpredictable last-resort rate. This rate can be substantially higher than what a fixed-plan customer would pay, often due to rapid shifts in energy demand and supply imbalances.

Shaffer suggests that the province’s electricity market needs a restructuring to make it more consumer-friendly and less vulnerable to extreme price hikes. He argues that introducing more transparency in pricing and offering more stable options for consumers through new electricity rules could help. In addition, there could be better incentives for consumers to stay informed about their electricity plans, which would help reduce the number of people unintentionally placed on the last-resort rate.

One potential solution proposed by Shaffer and others is the creation of a more predictable and stable pricing mechanism, though a Calgary electricity retailer has urged the government to scrap an overhaul, where consumers could have access to reasonable rates that aren’t so closely tied to the volatility of the wholesale market. This could involve capping prices or offering government-backed insurance against large price fluctuations, making electricity more affordable for those who are most at risk.

The increasing reliance on market-driven prices has also raised concerns about Alberta’s energy policy changes and overall direction. As a province with a large reliance on oil and gas, Alberta’s energy sector is tightly connected to global energy trends. While this has its benefits, it also means that Alberta’s electricity prices are heavily influenced by factors outside the control of local consumers, such as geopolitical issues or extreme weather events. This makes it hard for residents to predict and plan their energy usage and costs.

For many Albertans, the current state of the electricity market feels precarious. As more people face unexpected price hikes, calls for a market overhaul continue to grow louder across Alberta. Shaffer and others believe that a new framework is necessary—one that balances the interests of consumers, the government, and energy companies, while ensuring that basic energy needs are met without overwhelming households with excessive costs.

In conclusion, Alberta’s last-resort electricity rate system is an increasing burden for many. While some may benefit from fixed-rate plans, others are left exposed to market volatility. Blake Shaffer advocates for reform to create a more stable, transparent, and affordable electricity market, one that could better protect consumers from the high risks associated with deregulated pricing. Addressing these challenges will be crucial in ensuring that energy remains accessible and affordable for all Alberta residents.

 

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Canada Extends Net-Zero Target to 2050

Canada Clean Electricity Regulations 2050 balance net-zero goals with grid reliability and affordability, setting emissions caps, enabling offset credits, and flexible provincial pathways, including support for non-grid facilities during the clean energy transition.

 

Key Points

A federal plan for a net-zero grid by 2050 with emissions caps, offsets, and flexible provincial compliance.

✅ Emissions cap targeting 181 Mt CO2 from the power sector by 2050

✅ Offset credits and annual limits enable compliance flexibility

✅ Support for remote, non-grid facilities and regional pathways

 

In December 2024, the Government of Canada announced a significant policy shift regarding its clean electricity objectives. The initial target to achieve a net-zero electricity grid by 2035 has been extended to 2050. This decision reflects the government's response to feedback from provinces and energy industry stakeholders, who expressed concerns about the feasibility of meeting the 2035 deadline.

Revised Clean Electricity Regulations

The newly finalized Clean Electricity Regulations (CER) outline the framework for Canada's transition to a net-zero electricity grid by 2050, advancing the goal of 100 per cent clean electricity nationwide.

  • Emissions Reduction Targets: The regulations set a cap on emissions from the electricity sector, targeting a reduction of 181 megatonnes of CO₂ by 2050. This is a decrease from the previous goal of 342 megatonnes, reflecting a more gradual approach to emissions reduction.

  • Flexibility Mechanisms: To accommodate the diverse energy landscapes across provinces, the CER introduces flexibility measures. These include annual emissions limits and the option to use offset credits, allowing provinces to tailor their strategies while adhering to national objectives.

  • Support for Non-Grid Connected Facilities: Recognizing the unique challenges of remote and off-grid communities, the regulations provide accommodations for certain non-grid connected facilities, ensuring that all regions can contribute to the national clean electricity goals.

Implications for Canada's Energy Landscape

The extension of the net-zero electricity target to 2050 signifies a strategic recalibration of Canada's energy policy. This adjustment acknowledges the complexities involved in transitioning to a clean energy future, including:

  • Grid Modernization: Upgrading the electrical grid to accommodate renewable energy sources and ensure reliability is a critical component of the transition, especially as Ontario's EV wave accelerates across the province.

  • Economic Considerations: Balancing environmental objectives with economic impacts is essential. The government aims to create over 400,000 clean energy jobs, fostering economic growth while reducing emissions, supported by ambitious EV goals in the transport sector.

  • Regional Variations: Provinces have diverse energy profiles and resources, and British Columbia's power supply challenges highlight planning constraints. The CER's flexibility mechanisms are designed to accommodate these differences, allowing for tailored approaches that respect regional contexts.

Public and Industry Reactions

The policy shift has elicited varied responses:

  • Environmental Advocates: Some environmental groups express concern that the extended timeline may delay critical climate action, while debates over Quebec's push for EV dominance underscore policy trade-offs. They emphasize the need for more ambitious targets to address the escalating impacts of climate change.

  • Industry Stakeholders: The energy sector generally welcomes the extended timeline, viewing it as a pragmatic approach that allows for a more measured transition, particularly amid criticism of the 2035 EV mandate in transportation policy. The flexibility provisions are particularly appreciated, as they provide the necessary leeway to adapt to evolving market and technological conditions.

Looking Forward

As Canada moves forward with the implementation of the Clean Electricity Regulations, the focus will be on:

  • Monitoring Progress: Establishing robust mechanisms to track emissions reductions and ensure compliance with the new targets.

  • Stakeholder Engagement: Continuing dialogue with provinces, industry, and communities to refine strategies and address emerging challenges, including coordination on EV sales regulations as complementary measures.

  • Innovation and Investment: Encouraging the development and deployment of clean energy technologies through incentives and support programs.

The extension of Canada's net-zero electricity target to 2050 represents a strategic adjustment aimed at achieving a balance between environmental goals and practical implementation considerations. The Clean Electricity Regulations provide a framework that accommodates regional differences and industry concerns, setting the stage for a sustainable and economically viable energy future.

 

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When paying $1 for a coal power plant is still paying too much

San Juan Generating Station eyed for $1 coal-plant sale, as Farmington and Acme propose CCS retrofit, meeting emissions caps and renewable mandates by selling captured CO2 for enhanced oil recovery via a nearby pipeline.

 

Key Points

A New Mexico coal plant eyed for $1 and a CCS retrofit to cut emissions and sell CO2 for enhanced oil recovery.

✅ $400M-$800M CCS retrofit; 90% CO2 capture target

✅ CO2 sales for enhanced oil recovery; 20-mile pipeline gap

✅ PNM projects shutdown savings; renewable and emissions mandates

 

One dollar. That’s how much an aging New Mexico coal plant is worth. And by some estimates, even that may be too much.

Acme Equities LLC, a New York-based holding company, is in talks to buy the 847-megawatt San Juan Generating Station for $1, after four of its five owners decided to shut it down. The fifth owner, the nearby city of Farmington, says it’s pursuing the bargain-basement deal with Acme to avoid losing about 1,600 direct and indirect jobs in the area amid a broader just transition debate for energy workers.

 

We respectfully disagree with the notion that the plant is not economical

Acme’s interest comes as others are looking to exit a coal industry that’s been plagued by costly anti-pollution regulations. Acme’s plan: Buy the plant "at a very low cost," invest in carbon capture technology that will lower emissions, and then sell the captured CO2 to oil companies, said Larry Heller, a principal at the holding group.

By doing this, Acme “believes we can generate an acceptable rate of return,” Heller said in an email.

Meanwhile, San Juan’s majority owner, PNM Resources Inc., offers a distinctly different view, echoing declining coal returns reported by other utilities. A 2022 shutdown will push ratepayers to other energy alternatives now being planned, saving them about $3 to $4 a month on average, PNM has said.

“We could not identify a solution that would make running San Juan Generating Station economical,” said Tom Fallgren, a PNM vice president, in an email.

The potential sale comes as a new clean-energy bill, supported by Governor Lujan Grisham, is working its way through the state legislature. It would require the state to get half of its power from renewable sources by 2030, and 100 percent by 2045, even as other jurisdictions explore small modular reactor strategies to meet future demand. At the same time, the legislation imposes an emissions cap that’s about 60 percent lower than San Juan’s current levels.

In response, Acme is planning to spend $400 million to $800 million to retrofit the facility with carbon capture and sequestration technology that would collect carbon dioxide before it’s released into the atmosphere, Heller said. That would put the facility into compliance with the pending legislation and, at the same time, help generate revenue for the plant.

The company estimates the system would cut emissions by as much as 90 percent, and the captured gas could be sold to oil companies, which uses it to enhance well recovery. The bottom line, according to Heller: “A winning financial formula.”

It’s a tricky formula at best. Carbon-capture technology has been controversial, even as new coal plant openings remain rare, expensive to install and unproven at scale. Additionally, to make it work at the San Juan plant, the company would need to figure out how to deliver the CO2 to customers since the nearest pipeline is about 20 miles (32 kilometers) away.

 

Reducing costs

Acme is also evaluating ways to reduce costs at San Juan, Heller said, including approaches seen at operators extending the life of coal plants under regulatory scrutiny, such as negotiating a cheaper coal-supply contract and qualifying for subsidies.

Farmington’s stake in the plant is less than 10 percent. But under terms of the partnership, the city — population 45,000 — can assume full control of San Juan should the other partners decide to pull out, mirroring policy debates over saving struggling nuclear plants in other regions. That’s given Farmington the legal authority to pursue the plant’s sale to Acme.

 

At the end of the day, nobody wants the energy

“We respectfully disagree with the notion that the plant is not economical,” Farmington Mayor Nate Duckett said by email. Ducket said he’s in better position than the other owners to assess San Juan’s importance “because we sit at Ground Zero.”

The city’s economy would benefit from keeping open both the plant and a nearby coal mine that feeds it, according to Duckett, with operations that contribute about $170 million annually to the local area.

While the loss of those jobs would be painful to some, Camilla Feibelman, a Sierra Club chapter director, is hard pressed to see a business case for keeping San Juan open, pointing to sector closures such as the Three Mile Island shutdown as evidence of shifting economics. The plant isn’t economical now, and would almost certainly be less so after investing the capital to add carbon-capture systems.

 

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Latvia eyes electricity from Belarus nuclear plant

Latvia Astravets electricity imports weigh AST purchases from the Belarusian nuclear plant, impacting the Baltic grid, Lithuania market, energy security, and cross-border trading as Latvia seeks to mitigate supply risks and stabilize power flows.

 

Key Points

Proposed AST purchases of power from Belarus's Astravets plant to bolster Baltic grid supply via Lithuania.

✅ AST evaluates imports to mitigate supply risk

✅ Energy could enter Lithuania via existing trading route

✅ Debate centers on nuclear safety and Baltic grid impacts

 

Latvia’s electricity transmission system operator, AST, is looking at the possibility of purchasing electricity from the soon-to-be completed Belarusian nuclear power plant in Astravets, at a time when Ukraine's electricity exports have resumed in the region, long criticised by the Lithuanian government, Belsat TV has reported.

According to the Latvian media, the Latvian government is seeking to mitigate the risk of a possible drop in electricity supplies amid price spikes in Ireland highlighting dispatchable power concerns, given that energy trading between the Baltic states and third parties is currently carried out only through the Belarusian-Lithuanian border, including Latvian imports from Lithuania.

If AST starts importing electricity from the Belarusian plant to Latvia, in a pattern similar to Georgia's electricity imports during peak demand, the energy is expected to enter the Lithuanian market as well.

Such cross-border flows also mirror responses to Central Asia's electricity shortages seen recently.

The Lithuanian government has repeatedly criticised the nuclear power over national security and environmental safety concerns, as well as a number of emergencies that took place during construction, particularly as Europe is losing nuclear power and confronting energy security challenges.

Debates over infrastructure and safety have also intensified by projects like power lines to reactivate Zaporizhzhia in Ukraine.

The first Astravets reactor, which is being built close to the Lithuanian border in the Hrodno region, is expected to be operational by the end of 2019, a year that saw Belgium's nuclear exports rise across Europe.

 

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Rooftop Solar Grids

Rooftop solar grids transform urban infrastructure with distributed generation, photovoltaic panels, smart grid integration and energy storage, cutting greenhouse gas emissions, lowering utility costs, enabling net metering and community solar for low-carbon energy systems.

 

Key Points

Rooftop solar grids are PV systems on buildings that generate power, cut emissions, and enable smart grid integration.

✅ Lowers utility bills via net metering and demand offset

✅ Reduces greenhouse gases and urban air pollution

✅ Enables resiliency with storage, smart inverters, and microgrids

 

As urban areas expand and the climate crisis intensifies, cities are seeking innovative ways to integrate renewable energy sources into their infrastructure. One such solution gaining traction is the installation of rooftop solar grids. A recent CBC News article highlights the significant impact of these solar systems on urban environments, showcasing their benefits and the challenges they present.

Harnessing Unused Space for Sustainable Energy

Rooftop solar panels are revolutionizing how cities approach energy consumption and environmental sustainability. By utilizing the often-overlooked space on rooftops, these systems provide a practical solution for generating renewable energy in densely populated areas. The CBC article emphasizes that this approach not only makes efficient use of available space but also contributes to reducing a city's reliance on non-renewable energy sources.

The ability to generate clean energy directly from buildings helps decrease greenhouse gas emissions and, as scientists work to improve solar and wind power, promotes a shift towards a more sustainable energy model. Solar panels absorb sunlight and convert it into electricity, reducing the need for fossil fuels and lowering overall carbon footprints. This transition is crucial as cities grapple with rising temperatures and air pollution.

Economic and Environmental Advantages

The economic benefits of rooftop solar grids are considerable. For homeowners and businesses, installing solar panels can lead to substantial savings on electricity bills. The initial investment in solar technology is often balanced by long-term energy savings and financial incentives, such as tax credits or rebates, and evidence that solar is cheaper than grid electricity in Chinese cities further illustrates the trend toward affordability. According to the CBC report, these financial benefits make solar energy a compelling option for many urban residents and enterprises.

Environmentally, the advantages are equally compelling. Solar energy is a renewable and clean resource, and increasing the number of rooftop solar installations can play a pivotal role in meeting local and national renewable energy targets, as illustrated when New York met its solar goals early in a recent milestone. The reduction in greenhouse gas emissions from fossil fuel energy sources directly contributes to mitigating climate change and improving air quality.

Challenges in Widespread Adoption

Despite the clear benefits, the adoption of rooftop solar grids is not without its challenges. One of the primary hurdles is the upfront cost of installation. While prices for solar panels have decreased over time, the initial financial outlay remains a barrier for some property owners, and regions like Alberta have faced solar expansion challenges that highlight these constraints. Additionally, the effectiveness of solar panels can vary based on factors such as geographic location, roof orientation, and local weather patterns.

The CBC article also highlights the importance of supportive infrastructure and policies for the success of rooftop solar grids. Cities need to invest in modernizing their energy grids to accommodate the influx of solar-generated electricity, and, in the U.S., record clean energy purchases by Southeast cities have signaled growing institutional demand. Furthermore, policies and regulations must support solar adoption, including issues related to net metering, which allows solar panel owners to sell excess energy back to the grid.

Innovative Solutions and Future Prospects

The future of rooftop solar grids looks promising, thanks to ongoing technological advancements. Innovations in photovoltaic cells and energy storage solutions are expected to enhance the efficiency and affordability of solar systems. The development of smart grid technology and advanced energy management systems, including peer-to-peer energy sharing, will also play a critical role in integrating solar power into urban infrastructures.

The CBC report also mentions the rise of community solar projects as a significant development. These projects allow multiple households or businesses to share a single solar installation, making solar energy more accessible to those who may not have suitable rooftops for solar panels. This model expands the reach of solar technology and fosters greater community engagement in renewable energy initiatives.

Conclusion

Rooftop solar grids are emerging as a key element in the transition to sustainable urban energy systems. By leveraging unused rooftop space, cities can harness clean, renewable energy, reduce greenhouse gas emissions, and, as developers learn that more energy sources make better projects, achieve long-term economic savings. While there are challenges to overcome, such as initial costs and regulatory hurdles, the benefits of rooftop solar grids make them a crucial component of the future energy landscape. As technology advances and policies evolve, rooftop solar grids will play an increasingly vital role in shaping greener, more resilient urban environments.

 

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

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

 

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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