Coal ash polluting water, says group

By Rapid City Journal


Substation Relay Protection Training

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

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$699
Coupon Price:
$599
Reserve Your Seat Today
Coal ash waste from three power plants in North Dakota and South Dakota is polluting groundwater with arsenic, lead and other metals that could foul drinking water wells, three environmental groups asserted in a report.

The Environmental Integrity Project, the Sierra Club and Earthjustice said the report documented 39 new examples in 21 states of water pollution caused by coal ash.

The organizations contend state regulation of coal ash dumps is weak, and they want the Environmental Protection Agency to take over the job. The federal agency has proposed rules on the subject and is holding public hearings to take comment about them, the first of which is scheduled for Arlington, Va.

"The bottom line is that we can't just leave monitoring and drinking water protection up to the states. That hasn't worked," said J. Drake Hamilton, science policy director for Fresh Energy, a St. Paul, Minn., organization that advocates alternatives to coal-generated electric power.

State health regulators in North Dakota and South Dakota disputed some of the report's conclusions. It singles out the Antelope Valley and Leland Olds power stations in west-central North Dakota, which are owned by Bismarck-based Basin Electric Power Cooperative, and the Big Stone plant near Milbank in northeastern South Dakota, which is run by Otter Tail Power Co., of Fergus Falls, Minn.

David Glatt, environmental health chief for North Dakota's Health Department, said federal regulatory standards would probably be similar to the state's existing oversight of coal ash disposal sites.

North Dakota requires disposal of coal ash in a storage space lined with clay or composite plastic, Glatt said. Those cannot be near drinking water sources, he said, and monitoring wells keep track of groundwater conditions.

"We feel we have a program that would be equivalent to, or exceed, what EPA would come up with," Glatt said. "We do feel that environmentally, North Dakota is doing it right."

The report says arsenic levels at three monitoring wells at Basin Electric's Antelope Valley station have "risen dramatically" over 26 years. "The increasing arsenic trends... indicate that the arsenic is linked to the coal ash disposal," the report says.

Wells at the Leland Olds plant also have detected elevated levels of arsenic, lead and selenium, it says. All three are heavy metals that can cause health problems.

Scott Radig, director of the Health Department's waste management division, said the groundwater pollution was confined to the ash waste disposal sites. There is no evidence it is affecting drinking water, Radig said.

"We do not know of any public water supply or private water supply wells that are impacted at all," he said.

Health officials said the presence of arsenic, which occurs naturally in soils, is not unusual in North Dakota. Floyd Robb, a Basin spokesman, said the three Antelope Valley water monitoring wells cited in the report are at a higher elevation than other wells that have roughly the same arsenic levels, he said.

"Arsenic doesn't run uphill," he said.

The report says 21 of 25 water monitoring wells at South Dakota's Big Stone plant are contaminated, with up to 13 times the maximum drinking water standard for arsenic and seven times the amount of lead.

"Groundwater contour maps indicate the pollution is moving off site, yet no offsite monitoring or sampling of surface waters has occurred, despite state records indicating more than 100 private and public water wells are within five miles of the site," the report says.

A rebuttal posted at the South Dakota Department of Environment and Natural Resources' website links the groundwater readings to a leaking brine pond that is used to store waste from water-softening treatment. One brine pond leaked before the problem was discovered in 1998, the agency said.

"The Environmental Integrity Project is taking the ground water quality data gathered from a brine pond release that occurred more than 20 years ago," the agency's statement says. "The water treatment process used by Big Stone Power has nothing to do with its coal ash disposal practices, and in no way should be used to support any new regulations for coal ash disposal."

The agency said the soils around Big Stone also have naturally high levels of sulfate and metals.

Related News

Explainer: Europe gets ready to revamp its electricity market

EU Electricity Market Reform seeks to curb gas-driven volatility by expanding CfDs and PPAs, decoupling power from gas, and aligning consumer bills with low-cost renewables and nuclear, as Brussels advances market redesign.

 

Key Points

An EU plan to curb price spikes by expanding long-term contracts and tying bills to cheap renewables.

✅ Expands CfDs and PPAs to lock in predictable power prices

✅ Aims to decouple bills from gas-driven wholesale volatility

✅ Seeks investment certainty for renewables, nuclear, and grids

 

European Union energy ministers meet on Monday to debate upcoming power market reforms. Brussels is set to propose the revamp next month, but already countries are split over how to "fix" the energy system - or whether it needs fixing at all.

Here's what you need to know.


POST-CRISIS CHANGES
The European Commission pledged last year to reform the EU's electricity market rules, after record-high gas prices - caused by cuts to Russian gas flows - sent power prices soaring during an energy crisis for European companies and citizens.

The aim is to reform the electricity market to shield consumer energy bills from short-term swings in fossil fuel prices, and make sure that Europe's growing share of low-cost renewable electricity translates into lower prices, even though rolling back electricity prices poses challenges for policymakers.

Currently, power prices in Europe are set by the running cost of the plant that supplies the final chunk of power needed to meet overall demand. Often, that is a gas plant, so gas price spikes can send electricity prices soaring.

EU countries disagree on how far the reforms should go.

Spain, France and Greece are among those seeking a deep reform.

In a document shared with EU countries, seen by Reuters, Spain said the reforms should help national regulators to sign more long-term contracts with electricity generators to pay a fixed price for their power.

Nuclear and renewable energy producers, for example, would receive a "contract for difference" (CfD) from the government to provide power during their lifespan - potentially decades - at a stable price that reflects their average cost of production.

Similarly, France suggests, as part of a new electricity pricing scheme, requiring energy suppliers to sign long-term, fixed-price contracts with power generators - either through a CfD, or a private Power Purchase Agreement (PPA) between the parties.

French officials say this would give the power plant owner predictable revenue, while enabling consumers to have part of their energy bill comprised of this more stable price.

Germany, Denmark, Latvia and four other countries oppose a deep reform, and, as nine EU countries oppose reforms overall, have warned the EU against a "crisis mode" overhaul of a complex system that has taken decades to develop.

They say Europe's existing power market is functioning well, and has fostered years of lower power prices, supported renewable energy and helped avoid energy shortages.

Those countries support only limited tweaks, such as making it easier for consumers to choose between fluctuating and fixed-price power contracts.


'DECOUPLE' PRICES?
The Commission initially pitched the reform as a chance to "decouple" gas and power prices in Europe, suggesting a redesign of the current system of setting power prices. But EU officials say Brussels now appears to be leaning towards more modest changes.

A public consultation on the reforms last month steered clear of a deep energy market intervention. Rather, it suggested expanding Europe's use of long-term contracts, outlining a plan for more fixed-price contracts that provide power plants with a fixed price for their electricity, like CfDs or PPAs.

The Commission said this could be done by setting EU-wide rules for CfDs and letting countries voluntarily use them, or require new state-funded power plants to sign CfDs. The consultation mooted the idea of forcing existing power plants to sign CfDs, but said this could deter much-needed investments in renewable energy.


RISKS, REWARDS
Pro-reform countries like Spain say a revamped power market will bring down energy prices for consumers, by matching their bills more closely with the true cost of producing lower-carbon electricity.

France says the aim is to secure investment in low-carbon energy including renewables, and nuclear plants like those Paris plans to build. It also says lowering power prices should be part of Europe's response to massive industrial subsidies in the United States and China - by helping European firms keep a competitive edge.

But sceptics warn that drastic changes to the market could knock confidence among investors, putting at risk the hundreds of billions of euros in renewable energy investments the EU says are needed to quit Russian fossil fuels under its plan to dump Russian energy and meet climate goals.

Energy companies including Engie (ENGIE.PA), Orsted (ORSTED.CO) and Iberdrola (IBE.MC) have said making CfDs mandatory or imposing them retroactively on existing power plants could deter investment and trigger litigation from energy companies.


POLITICAL DEBATE
EU countries' energy ministers discuss the reforms on Monday, before formal negotiations begin.

The Commission, which drafts EU laws, plans to propose the reforms on Mar. 14. After that, EU countries and lawmakers negotiate the final law, which must win majority support from European Parliament lawmakers and a reinforced majority of at least 15 countries.

Negotiations on major EU legislation often take more than a year, but some countries are pushing for a fast-tracked deal. France wants the law to be finished this year.

That has already hit resistance from countries like Germany, highlighting a France-Germany tussle over the scope of reform as they say deeper changes cannot be rushed through, and they would need an "in-depth impact assessment" - something the Commission's upcoming proposal is not expected to include, because it has been drafted so quickly.

The timeline is further complicated by European Parliament elections in 2024. That has raised concerns in reform-hungry states that failure to strike a deal before the election could significantly delay the reforms, if negotiations have to pause until a new EU parliament is elected.

 

Related News

View more

Economic Crossroads: Bank Earnings, EV Tariffs, and Algoma Steel

Canada Economic Crossroads highlights bank earnings trends, interest rates, loan delinquencies, EV tariffs on Chinese imports, domestic manufacturing, Algoma Steel decarbonization, sustainability, and housing market risks shaping growth, investment, consumer prices, and climate policy.

 

Key Points

An overview of how bank earnings, EV tariffs, and Algoma Steel's transition shape Canada's economy.

✅ Higher rates lift margins but raise delinquencies and housing risks

✅ EV tariffs aid domestic makers but pressure consumer prices

✅ Algoma invests to decarbonize, boosting efficiency and compliance

 

In a complex economic landscape, recent developments have brought attention to several pivotal issues affecting Canada's business sector. The Globe and Mail’s latest report delves into three major topics: the latest bank earnings, the implications of new tariffs on Chinese electric vehicles (EVs), and Algoma Steel’s strategic maneuvers. These factors collectively paint a picture of the challenges and opportunities facing Canada's economy.

Bank Earnings Reflect Economic Uncertainty

The recent financial reports from major Canadian banks have revealed a mixed picture of the nation’s economic health. As the Globe and Mail reports, earnings results show robust performances in some areas while highlighting growing concerns in others. Banks have generally posted strong quarterly results, buoyed by higher interest rates which have improved their net interest margins. This uptick is largely attributed to the central bank's monetary policies aimed at combating inflation and stabilizing the economy.

However, the positive earnings are tempered by underlying economic uncertainties. Rising loan delinquencies and a slowing housing market are areas of concern. Increased interest rates, while beneficial for banks’ margins, have also led to higher borrowing costs for consumers and businesses. This dynamic has the potential to impact overall economic growth and consumer confidence.

Tariffs on Chinese EVs: A Strategic Shift

Another significant development is the imposition of new tariffs on Chinese electric vehicles. This move is part of a broader strategy to protect domestic automotive industries and address trade imbalances, aligning with public support for tariffs in key sectors. The tariffs are expected to increase the cost of Chinese EVs in Canada, which could have several implications for the market.

On one hand, the tariffs might provide a temporary boost to Canadian and North American manufacturers by reducing competition from lower-priced Chinese imports. This protectionist measure could encourage investments in local production and innovation, mirroring tariff threats boosting support for energy projects in other sectors. However, the increased cost of Chinese EVs may also lead to higher prices for consumers, potentially slowing the adoption of electric vehicles—a critical goal in Canada’s climate strategy.

The tariffs come at a time when the Canadian government is keen on accelerating the transition to electric mobility to meet its environmental targets, even as a critical crunch in electrical supply raises questions about grid readiness. Balancing the protection of domestic industries with the broader goal of reducing emissions will be a significant challenge moving forward.

Algoma Steel’s Strategic Evolution

In the steel industry, Algoma Steel has been making headlines with its strategic initiatives aimed at transforming its operations, in a broader shift toward clean grids and industrial decarbonization. The Globe and Mail highlights Algoma Steel's efforts to modernize its production processes and shift towards more sustainable practices. This includes significant investments in technology and infrastructure to enhance production efficiency and reduce environmental impact.

Algoma's focus on reducing carbon emissions aligns with broader industry trends towards sustainability. The company’s efforts are part of a larger push within the steel sector to address climate change and meet regulatory requirements. As one of Canada’s leading steel producers, Algoma’s actions could set a precedent for the industry, showcasing how traditional manufacturing sectors can adapt to evolving environmental standards.

Implications and Future Outlook

The interplay of these developments reflects a period of significant transition for Canada's economy, shaped in part by U.S. policy where Biden is seen as better for Canada's energy sector by some analysts. For banks, the challenge will be to navigate the balance between profitability and potential risks from a changing economic environment. The new tariffs on Chinese EVs represent a strategic shift with mixed implications for the automotive market, potentially influencing both domestic production and consumer prices. Meanwhile, Algoma Steel’s push towards sustainability could serve as a model for other industries seeking to align with environmental goals.

As these issues unfold, stakeholders across sectors will need to stay informed and adaptable. For policymakers, the challenge will be to support domestic industries while fostering innovation and sustainability, including the dilemma over electricity rates and innovation they must weigh. For businesses, the focus will be on navigating financial pressures and leveraging opportunities for growth. Consumers, in turn, will face the impact of these developments in their daily lives, from the cost of borrowing to the price of electric vehicles.

In summary, Canada’s current economic landscape is characterized by a blend of financial resilience, strategic adjustments, and evolving industry practices, amid policy volatility such as a tariff threat delaying Quebec's green energy bill earlier this year. As the country navigates these crossroads, the outcomes of these developments will play a crucial role in shaping the future economic environment.

 

Related News

View more

Crucial step towards completing nuclear plant achieved in Abu Dhabi

Barakah Unit 4 Cold Hydrostatic Testing validates reactor coolant system integrity at the Barakah Nuclear Energy Plant in Abu Dhabi, UAE, confirming safety, quality, and commissioning readiness under ENEC and KEPCO oversight.

 

Key Points

Pressure test of Unit 4's reactor coolant system, confirming integrity and safety for commissioning at Barakah.

✅ 25% above normal operating pressure verified.

✅ Welds, joints, and high-pressure components inspected.

✅ Supports safe, reliable, emissions-free baseload power.

 

The Emirates Nuclear Energy Corporation (ENEC) has successfully completed Cold Hydrostatic Testing (CHT) at Unit 4 of the Barakah Nuclear Energy Plant, the Arab world’s first nuclear energy plant being built in the Al Dhafra region of Abu Dhabi, UAE. The testing incorporated the lessons learned from the previous three units and is a crucial step towards the completion of Unit 4, the final unit of the Barakah plant.

As a part of CHT, the pressure inside Unit 4’s systems was increased to 25 per cent above what will be the normal operating pressure, demonstrating, as seen across global nuclear projects, the quality and robust nature of the Unit’s construction. Prior to the commencement of CHT, Unit 4’s Nuclear Steam Supply Systems were flushed with demineralised water, and the Reactor Pressure Vessel Head and Reactor Coolant Pump Seals were installed. During the Cold Hydrostatic Testing, the welds, joints, pipes and components of the reactor coolant system and associated high-pressure systems were verified.

Mohammed Al Hammadi, Chief Executive Officer of ENEC said: “I am proud of the continued progress being made at Barakah despite the circumstances we have all faced in relation to COVID-19. The UAE leadership’s decisive and proactive response to the pandemic supported us in taking timely, safety-led actions to protect the health and safety of our workforce and our plant. These actions, alongside the efforts of our talented and dedicated workforce, have enabled the successful completion of CHT at Unit 4, which was completed in adherence to the highest standards of safety, quality, and security.

“With this accomplishment, we move another step closer to achieving our goal of supplying up to a quarter of our nation’s electricity needs through the national grid and powering its future growth with safe, reliable, and emissions-free electricity,” he added.

By the end of 2019, ENEC and Korea Electric Power Corporation (KEPCO), working with Korea Hydro & Nuclear Power (KHNP) on the project, had successfully completed all major construction work including major concrete pouring, installation of the Turbine Generator, and the internal components of the Reactor Pressure Vessel (RPV) of Unit 4, which paved the way for the commencement of testing and commissioning.

The testing at Unit 4 represents a significant achievement in the development of the UAE Peaceful Nuclear Energy Program, following the successful completion of fuel assembly loading into Unit 1 in March 2020, confirming that the UAE has officially become a peaceful nuclear energy operating nation. Preparations are now in the final stages for the safe start-up of Unit 1, which subsequently reached 100% power ahead of commercial operations, in the coming months.

ENEC is currently in the final stages of construction of units 2, 3 and 4 of the Barakah Nuclear Energy Plant, as China’s nuclear program continues its steady development globally. The overall construction of the four units is more than 94% complete. Unit 4 is more than 84 per cent, Unit 3 is more than 92 per cent and Unit 2 is more than 95 per cent. The four units at Barakah will generate up to 25 per cent of the UAE’s electricity demand by producing 5,600 MW of clean baseload electricity, as projects such as new reactors in Georgia take shape, and preventing the release of 21 million tons of carbon emissions each year – the equivalent of removing 3.2 million cars off the roads annually.

 

Related News

View more

Greening Ontario's electricity grid would cost $400 billion: report

Ontario Electricity Grid Decarbonization outlines the IESO's net-zero pathway: $400B investment, nuclear expansion, renewables, hydrogen, storage, and demand management to double capacity by 2050 while initiating a 2027 natural gas moratorium.

 

Key Points

A 2050 plan to double capacity, retire gas, and invest $400B in nuclear, renewables, and storage for a net-zero grid.

✅ $400B over 25 years to meet net-zero electricity by 2050

✅ Capacity doubles to 88,000 MW; demand grows ~2% annually

✅ 2027 gas moratorium; build nuclear, renewables, storage

 

Ontario will need to spend $400 billion over the next 25 years in order to decarbonize the electricity grid and embrace clean power according to a new report by the province’s electricity system manager that’s now being considered by the Ford government.

The Independent System Electricity Operator (IESO) was tasked with laying out a path to reducing Ontario’s reliance on natural gas for electricity generation and what it would take to decarbonize the entire electricity grid by 2050.

Meeting the goal, the IESO concluded, will require an “aggressive” approach of doubling the electricity capacity in Ontario over the next two-and-a-half decades — from 42,000 MW to 88,000 MW — by investing in nuclear, hydrogen and wind and solar power while implementing conservation policies and managing demand.

“The process of fully eliminating emissions from the grid itself will be a significant and complex undertaking,” IESO president Lesley Gallinger said in a news release.

The road to decarbonization, the IESO said, begins with a moratorium on natural gas power generation starting in 2027 as long as the province has “sufficient, non-emitting supply” to meet the growing demands on the grid.

The approach, however, comes with significant risks.

The IESO said hydroelectric and nuclear facilities can take 10 to 15 years to build and if costs aren’t controlled the plan could drive up the price of clean electricity, turning homeowners and businesses away from electrification.

“Rapidly rising electricity costs could discourage electrification, stifle economic growth or hurt consumers with low incomes,” the report states.

The IESO said the province will need to take several “no regret” actions, including selecting sites and planning to construct new large-scale nuclear plants as well as hydroelectric and energy storage projects and expanding energy-efficiency programs beyond 2024.

READ MORE: Ontario faces calls to dramatically increase energy efficiency rebate programs

Ontario’s minister of energy didn’t immediately commit to implementing the recommendations, citing the need to consult with stakeholders first.

“I look forward to launching a consultation in the new year on next steps from today’s report, including the potential development of major nuclear, hydroelectric and transmissions projects,” Todd Smith said in a statement.

Currently, electricity demand is increasing by roughly two per cent per year, raising concerns Ontario could be short of electricity in the coming years as the manufacturing and transportation sectors electrify and as more sectors consider decarbonization.

At the same time, the province’s energy supply is facing “downward pressure” with the Pickering nuclear power plant slated to wind down operations and the Darlington nuclear generating station under active refurbishment.

To meet the energy need, the Ford government said it intended to extend the life of the Pickering plant until 2026.

READ MORE: Ontario planning to keep Pickering nuclear power station open until 2026

But to prepare for the increase, the Ontario government was told the province would also need to build new natural gas facilities to bridge Ontario’s electricity supply gap in the near term — a recommendation the Ford government agreed to.

The IESO said a request for proposals has been opened and the province is looking for host communities, with the expectation that existing facilities would be upgraded before projects on undeveloped land would be considered.

The IESO said the contract for any new facilities would expire in 2040, and all natural gas facilities would be retired in the 2040s.

 

Related News

View more

What can we expect from clean hydrogen in Canada

Canadian Clean Hydrogen is surging, driven by net-zero goals, tax credits, and exports. Fuel cells, electrolysis, and low-emissions power and transport signal growth, though current production is largely fossil-based and needs decarbonization.

 

Key Points

Canadian Clean Hydrogen is the shift to make and use low-emissions hydrogen for energy and industry to reach net-zero.

✅ $17B tax credits through 2035 to scale electrolyzers and hubs

✅ Export MOUs with Germany and the Netherlands target 2025 shipments

✅ IEA: 99% of hydrogen from fossil fuels; deep decarbonization needed

 

As the world races to find effective climate solutions, and toward an electric planet vision, hydrogen is earning buzz as a potentially low-emitting alternative fuel source. 

The promise of hydrogen as a clean fuel source is nothing new — as far back as the 1970s hydrogen was being promised as a "potential pollution-free fuel for our cars."

While hydrogen hasn't yet taken off as the fuel of the future  — a 2023 report from McKinsey & Company and the Hydrogen Council estimates that there is a grand total of eight hydrogen vehicle fuelling stations in Canada — many still hope that will change.

The hope is hydrogen will play a significant role in combating climate change, serving as a low-emissions substitute for fossil fuels in power generation, home heating and transportation, where cleaning up electricity remains critical, and today, interest in a Canadian clean hydrogen industry may be starting to bubble over.

"People are super excited about hydrogen because of the opportunity to use it as a clean chemical fuel. So, as a displacement for natural gas, diesel, gasoline, jet fuel," said Andrew Gillis, CEO of Canadian hydrogen company Aurora Hydrogen. 

Plans for low or zero-emissions hydrogen projects are beginning to take shape across the country. But, at the moment, hydrogen is far from a low-emissions fuel, which is why some experts suggest expectations for the resource should be tempered. 

The IEA report indicates that in 2021, global hydrogen production emitted 900 million tonnes of carbon dioxide — roughly 180 million more than the aviation industry — as roughly 99 per cent of hydrogen production came from fossil fuel sources. 

"There is a concern that the role of hydrogen in the process of decarbonization is being very greatly overstated," said Mark Winfield, professor of environmental and urban change at York University. 


A growing excitement 

In 2020, the government released a hydrogen strategy, aiming to "cement hydrogen as a tool to achieve our goal of net-zero emissions by 2050 and position Canada as a global, industrial leader of clean renewable fuels." 

The latest budget includes over $17 billion in tax credits between now and 2035 to help fund clean hydrogen projects.

Today, the most common application for hydrogen in Canada is as a material in industrial activities such as oil refining and ammonia, methanol and steel production, according to Natural Resources Canada. 

But, the buzz around hydrogen isn't exactly over its industrial applications, said Aurora Hydrogen's Gillis.

"All these sorts of things where we currently have emitting gaseous or liquid chemical fuels, hydrogen's an opportunity to replace those and access the energy without creating emissions at the point of us," Gillis said. 

When used in a fuel cell, hydrogen can produce electricity for transportation, heating and power generation without producing common harmful emissions like nitrogen oxide, hydrocarbons and particulate matter — BloombergNEF estimates that hydrogen could meet 24 per cent of global energy demand by 2050.


A growing industry

Canada's hydrogen strategy aims to have 30 per cent of end-use energy be from clean hydrogen by 2050. According to the strategy, Canada produces an estimated three million tonnes of hydrogen per year from natural gas today, but the strategy doesn't indicate how much hydrogen is produced from low-emissions sources.

In recent years, the Canadian clean hydrogen industry has earned international interest, especially as Germany's hydrogen strategy anticipates significant imports.

In 2021, Canada signed a memorandum of understanding with the Netherlands to help develop "export-import corridors for clean hydrogen" between the two countries. Canada also recently inked a deal with Germany to start exporting the resource there by 2025.

But while a low-emissions hydrogen plant went online in Becancour, Que., in 2021, the rest of Canada's clean-hydrogen industry seems to be in the early stages.

 

Related News

View more

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

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

 

Key Points

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

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

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

Electricity Today T&D Magazine Subscribe for FREE

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

Download the 2025 Electrical Training Catalog

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

  • Interactive
  • Flexible
  • CEU-cerified