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Germany net-zero roadmap charts coal phase-out by 2030, rapid renewables buildout, energy storage, and hydrogen-ready gas engines to cut emissions and lower LCOE by 34%, unlocking a resilient, flexible, low-cost power system by 2040.

Key Points

Plan to phase out coal by 2030 and gas by 2040, scaling renewables, storage, and hydrogen to cut LCOE and emissions.

✅ Coal out by 2030; gas phased 2040 with hydrogen-ready engines

✅ Add 19 GW/yr renewables; 30 GW storage by 2040

✅ 34% lower LCOE, 23% fewer emissions vs slower path

Germany can achieve significant reductions in emissions and the cost of electricity by phasing out coal in 2030 under its coal phase-out plan but must have a clear plan to ramp up renewables and pivot to sustainable fuels in order to achieve net-zero, according to a new whitepaper from Wartsila.

The modelling, published in Wärtsilä new white paper ‘Achieving net-zero power system in Germany by 2040’, compares the current plan to phase out coal by 2030 and gas by 2045 with an accelerated plan, where gas is phased out by 2040. By accelerating the path to net-zero, Germany can unlock a 34% reduction in the levelised cost of energy, as well as a 23% reduction in the total emissions, or 562 million tonnes of carbon dioxide in real terms.

The modelling offers a clear, three-step roadmap to achieve net-zero: rapidly increase renewables, energy storage and begin future-proofing gas engines in this decade; phase out coal by 2030; and phase out gas by 2040, converting remaining engines to run on sustainable fuels.

The greatest rewards are available if Germany front-loads decarbonisation. This can be done by rapidly increasing renewable capacity, adding 19 GW of wind and solar PV capacity per year. It must also add a total of 30GW of energy storage by 2040.

Håkan Agnevall, President and CEO of Wärtsilä Corporation said: “Germany stands on the precipice of a new, sustainable energy era. The new Federal Government has indicated its plans to consign coal to history by 2030. However, this is only step one. Our white paper demonstrates the need to implement a three-step roadmap to achieve net-zero. It is time to put a deadline on fossil fuels and create a clear plan to transition to sustainable fuels.”

While a rapid coal phase-out has been at the centre of recent climate policy debates, including the ongoing nuclear debate over Germany’s energy mix, the pathway to net-zero is less clear. Wärtsilä’s modelling shows that gas engines should be used to accelerate the transition by providing a short-term bridge to enable net zero and navigate the energy transition while balancing the intermittency of renewables until sustainable fuels are available at scale.

However, if Germany follows the slower pathway and reaches net-zero by 2045, it risks becoming reliant on gas as baseload power for much of the 2030s amid renewable expansion challenges that persist, potentially harming its ability to reach its climate goals. 

Creating the infrastructure to pivot to sustainable fuels is one of the greatest challenges facing the German system. The ability to convert existing capacity to run purely on hydrogen via hydrogen-ready power plants will be key to reaching net-zero by 2040 and unlocking the significant system-wide benefits on offer.

Jan Andersson, General Manager of Market Development in Germany, Wärtsilä Energy added: “To reach the 2040 target and unlock the greatest benefits, the most important thing that Germany can do is build renewables now. 19 GW is an ambitious target, but Germany can do it. History shows us that Germany has been able to achieve high levels of renewable buildout in previous years. It must now reach those levels consistently.

“Creating a clear plan which sets out the steps to net zero is essential. Renewable energy is inherently intermittent, so flexible energy capacity will play a vital role. While batteries provide effective short-term flexibility, gas is currently the only practical long-term option. If Germany is to unlock the greatest benefits from decarbonisation, it must have a clear plan to integrate sustainable fuel. From 2030, all new thermal capacity must run solely on hydrogen.”

Analysis of the last decade demonstrates that the rapid expansion of renewable energy is possible, and that renewables overtook coal and nuclear in generation. Previously, Germany has built large amounts of renewable capacity, including 8GW of solar PV in 2010 and 2011, 5.3 GW of onshore wind in 2017, and 2.5 GW of offshore wind in 2015.

The significant reductions in the cost of electricity demonstrated in the modelling are driven by the fact that renewables are far cheaper to run than coal or gas plants, even as coal still provides about a third of electricity in Germany. The initial capital investment is far outweighed by the ongoing operational expense of fossil fuel-based power.

As well as reducing emissions and costs, Germany’s rapid path to net-zero can also unlock a series of additional benefits. If coal is phased out by 2030 but capacity is not replaced by high levels of renewable energy, Germany risks becoming a significant energy importer, peaking at 162 TWh in 2035. The accelerated pathway would reduce imports by a third.

Likewise, more renewable energy will help to electrify district heating, meaning Germany can move away from carbon-intensive fuels sooner. If Germany follows the accelerated path, 57% of Germany’s heating could be electrified in 2045, compared to 10% under the slower plan.

Jan Andersson concluded: “The opportunities on offer are vast. Germany can provide the blueprint for net zero and galvanise an entire continent. Now is the time for the new government to seize the initiative.”

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UK power grid bottleneck is stalling renewable energy, with connection queues, planning delays, and transmission infrastructure gaps raising costs, slowing decarbonization, and deterring investment as government considers reforms led by a new chief adviser.

Key Points

Delays and capacity gaps that hinder connecting new generation and demand, raising costs and slowing decarbonization.

✅ Connection queues delay projects for years

✅ Planning and NIMBY barriers stall transmission builds

✅ Investment costs on bills risk political pushback

During his three decades at investment bank Morgan Stanley, Franck Petitgas developed a reputation for solving problems that vexed others. Fixing the UK’s creaking power grid could be his most challenging task yet.

Earlier this year, Prime Minister Rishi Sunak appointed Petitgas as his chief business adviser, and the former financier has been pushing to tackle the gridlock that’s left projects waiting endlessly for a connection, an issue he sees as one of the biggest problems for industry.

But there are no easy solutions to tackle the years-long queue to get on the grid or the drawn-out planning process for building clean power generation, with the energy transition stalled by supply delays compounding the problem. And sluggish progress in expanding and improving the electricity network is preventing the construction of new housing developments and offices, as well as slowing the transition to greener power.

That transition has already taken a knock after Sunak last week controversially watered down some of the UK’s climate ambitions, citing in part the cost to consumers. He also acknowledged the issues surrounding the grid and promised the “most transformative plans” in response, drawing on lessons from Europe’s power crisis where applicable. Those are due to be unveiled within weeks. 

Shortly after his appointment, Petitgas offered reassurances to business leaders at a meeting in Downing Street that solutions were being worked on, according to people familiar with the matter. But there’s a lack of confidence across business that enough will be done.

Cost is a big factor in the expansion of the electricity grid, and some argue a state-owned generation model could ease bills over time. Improving the onshore network alone could require investment of between £100 billion and £240 billion ($122-$293 billion) by 2050, according to a government analysis last year. 

With network expansion funded through power bills, that’s a big ask, particularly with Sunak trailing in polls ahead of an election expected next year.

“It’s very difficult for politicians to say more money should be on bills,” said Emma Pinchbeck, chief executive of Energy UK, a trade body. “So you get to a situation where no one wants to pay for the infrastructure investment until it’s really sticky, and that’s where we’ve got to with the grid.”

There are huge competitive and economic implications if the UK falls further behind. With US President Joe Biden spending an estimated $370 billion on climate measures through his Inflation Reduction Act, and China already a world leader in electric vehicles, Britain’s grid inaction is holding it back in the global race to decarbonize, said Jess Ralston, an analyst at the Energy and Climate Intelligence Unit think tank.

“The UK is dithering and delaying, and not making any strategic decisions,” she said. “You can see companies just saying ‘I’m going to the US, or I’m going to China’.” 

In a statement, the government said it’s a “priority to speed up the time taken to connect new power generators and power consumers to the grid.” It added that it’s taking “significant steps to accelerate grid infrastructure,” including support for new Channel interconnectors announced this year.

The government expects demand for electricity to double by 2035 and that will mean more generation that needs to be linked up to the network by cables and pylons. Local grids will also have to expand to accommodate more connection points for electric vehicles and homes, and invest in large-scale energy storage capacity to balance supply.

But so far, the rapid rise in renewable energy investment has not been accompanied by matching spend on the power network, according to BloombergNEF, a pattern seen in Germany’s grid expansion woes as well.

“The pace and scale of what we now have to deliver is significantly different from the last few decades,” said Carl Trowell, president of UK strategic infrastructure at National Grid. “It’s a national endeavor.”

In June, Electricity Networks Commissioner Nick Winser sent the government recommendations for how to accelerate construction of more transmission infrastructure. He said efforts to decarbonize the power sector will be “wasted if we cannot get the power to homes and businesses.”

“We need a seriously stronger sense of urgency,” said Kevin O’Donovan, country manager for Statkraft UK, which is holding off investment in four wind farms and two solar projects due to grid connection delays.

In addition to cost, the other major stumbling block is planning. Politicians in the governing Conservative Party are wary of angering voters with new infrastructure in rural areas that typically vote Tory. Across the country, “Not In My Back Yard” campaigners – NIMBYs — pose a major challenge to projects.

Petitgas, 62, retired from Morgan Stanley last year after nearly 30 years at the bank, where he led its international division from London. The issues over connections and planning have been repeatedly pointed out to Petitgas by investors and trade groups over a series of meetings this year, according to people familiar with the matter, requesting anonymity discussing private talks.

Yet with a general election looming and the issue plagued by political headaches, many are skeptical that Sunak can find the solutions needed.

One business chief said Downing Street considers the issue too tricky and expensive to tackle in the short-term. Others are concerned that while Petitgas has license from Sunak, he doesn’t have influence across the relevant departments to get grids to the top of the agenda.

Wind Farms

Multiple parts of the UK’s climate plans are under pressure. Earlier this month, an auction for contracts to build new wind farms received zero bids from developers, even as wind leads the power mix in many regions, marking yet another green setback. 

The UK is already behind on its target of having 50 gigawatts of offshore wind built by 2030, up from 14 GW today. The challenge is accelerating development without railroading local communities.

Within Sunak’s Conservative Party, some lawmakers are pushing back on new infrastructure in their local areas. A group including Environment Secretary Therese Coffey and former Home Secretary Priti Patel is campaigning against building new pylons across a stretch of eastern England.

According to Adam Bell, director of policy at consultancy Stonehaven, backbench pressure means Sunak is unlikely to take major action on the grid in the near term. He doesn’t see the prime minister accepting Winser’s recommendations, least of all accelerating planning decisions.

“Over the last year, Sunak has favored party management over things that will benefit the country,” Bell said. 

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Codling Bank Offshore Wind Project will deliver a 1.1 GW offshore wind farm off the Wicklow coast, as EDF Renewables and Fred Olsen Renewables invest billions to support Ireland's CAP 2030 and cut carbon emissions.

Key Points

A 1.1 GW offshore wind farm off Co Wicklow, led by EDF and Fred Olsen, advancing Ireland's CAP 2030 targets.

✅ Up to 1.1 GW capacity; hundreds of turbines off Co Wicklow

✅ EDF Renewables partners with Fred Olsen Renewables

✅ Investment well over €2bn, supporting 70% electricity by 2030

It’s been previously estimated that the entire Codling Bank project, which will eventually see hundreds of wind turbines, such as a huge offshore wind turbine now coming to market, erected about 13km off the Co Wicklow coast, could be worth as much as €100m. The site is set to generate up to 1.1 gigawatts of electricity when it’s eventually operational.

It’s likely to cost well over €2bn to develop, and with new pipelines abroad where Long Island offshore turbine proposals are advancing, scale economies are increasingly relevant.

The other half of the project is owned by Norway’s Fred Olsen Renewables, with tens of millions of euro already reportedly spent on surveys and other works associated with the scheme. Initial development work started in 2003.

Mr Barrett will now continue to focus on his non-Irish renewable projects, at a time when World Bank wind power support is accelerating in developing countries, said Hazel Shore, the company that sold the stake. It added that Johnny Ronan and Conor Ronan, the developer’s brother, will retain an equity interest in the Codling project.

“The Hazel Shore shareholders remain committed to continuing their renewable and forestry businesses,” noted the firm, whose directors include Paddy Teahon, a former secretary of the Department of the Taoiseach and chairman of the National Offshore Wind Association of Ireland.

The French group’s EDF Renewables subsidiary will now partner with the Norwegian firm to develop and build the Codling Bank project, in a sector widely projected to become a $1 trillion business over the coming decades.

EDF pointed out that the acquisition of the Codling Bank stake comes after the government committed to reducing carbon emissions. A Climate Action Plan launched last year will see renewable projects generating 70pc of Ireland’s electricity by 2030, with more than a third of Irish electricity to be green within four years according to recent analysis. Offshore wind is expected to deliver at least 3.5GW of power in support of the objective.

Bruno Bensasson, EDF Group senior executive vice-president of renewable energies and the CEO of EDF Renewables said the French group is “committed to contributing to the Irish government’s renewables goals”.

“This important project clearly strengthens our strong ambition to be a leading global player in the offshore wind industry,” he added. “This is consistent with the CAP 2030 strategy that aims to double EDF’s renewable energy generation by 2030 and increase it to 50GW net.”

Matthieu Hue, the CEO of EDF Renewables UK and Ireland said the firm already has an office in Dublin and is looking for further renewable projects, as New York's biggest offshore wind farm moves ahead, underscoring momentum.

Last November, the ESB teamed up with EDF in Scotland, reflecting how UK offshore wind is powering up, with the Irish utility buying a 50pc stake in the Neart na Gaoithe offshore wind project. The massive wind farm is expected to generate up to 450MW of electricity and will cost about €2.1bn to develop.

EDF said work on that project is “well under way”.

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New York Green New Deal accelerates clean energy and climate action, targeting carbon neutrality with renewable energy, offshore wind, solar, energy storage, and green jobs while advancing environmental justice and economy-wide decarbonization.

Key Points

New York's plan for 100% clean power by 2040 and 70% renewables by 2030, with a just transition and green jobs.

✅ 100% carbon-free electricity by 2040; 70% renewables by 2030

✅ 9,000 MW offshore wind and 3,000 MW energy storage targets

✅ Just transition focuses on jobs, equity, and affordability

New York Governor Andrew M. Cuomo announced the Green New Deal, a nation-leading clean energy and jobs agenda that will aggressively put New York State on a path to net-zero electricity and economy-wide carbon neutrality, is included in the 2019 Executive Budget. The landmark plan provides for a just transition to clean energy that spurs growth of the green economy and prioritizes the needs of low- to moderate-income New Yorkers.

"Climate change is a reality, and the consequences of delay are a matter of life and death. We know what we must do. Now we have to have the vision, the courage, and the competence to get it done," Governor Cuomo said. "While the federal government shamefully ignores the reality of climate change and fails to take meaningful action, we are launching the first-in-the-nation Green New Deal to seize the potential of the clean energy economy, set nation's most ambitious goal for carbon-free power, and ultimately eliminate our entire carbon footprint."

During Governor Cuomo's first two terms, New York banned fracking of natural gas, committed to phasing out coal power by 2020, mandated 50 percent renewable power by 2030, and established the U.S. Climate Alliance to uphold the Paris Agreement, reflecting the view that decarbonization is irreversible under a clean energy economy. Under the Reforming the Energy Vision agenda, New York has held the largest renewable energy procurements in U.S. history, solar has increased nearly 1,500 percent, and offshore wind is poised to transform the State's electricity supply to be cleaner and more sustainable. Through Governor Cuomo's Green New Deal, New York will take the bold next steps to secure a clean energy future that protects the environment for generations to come while growing the clean energy economy.

100 Percent Clean Power by 2040 Coupled with New Nation-leading Renewable Energy Mandates

The Green New Deal will statutorily mandate New York's power be 100 percent carbon-free by 2040, the most aggressive goal in the United States and five years ahead of a target recently adopted by California state policymakers. The cornerstone of this new mandate is a significant increase of New York's successful Clean Energy Standard mandate from 50 percent to 70 percent renewable electricity by 2030. This globally unprecedented ramp-up of renewable energy will include:

• Quadrupling New York's offshore wind target to 9,000 megawatts by 2035, up from 2,400 megawatts by 2030
• Doubling distributed solar deployment to 6,000 megawatts by 2025, up from 3,000 megawatts by 2023
• More than doubling new large-scale land-based wind and solar resources through the Clean Energy Standard
• Maximizing the contributions and potential of New York's existing renewable resources
• Deploying 3,000 megawatts of energy storage by 2030, up from 1,500 megawatts by 2025
• Develop an Implementation Plan to Make New York Carbon Neutral

The Green New Deal will create the State's first statutory Climate Action Council, comprised of the heads of relevant State agencies and other workforce, environmental justice, and clean energy experts to develop a comprehensive plan to make New York carbon neutral by significantly and cost-effectively reducing emissions from all major sources, including electricity, transportation, buildings, industry, commercial activity, and agriculture. The Climate Action Council will consider a range of possible options, including the feasibility of working with the U.S. Climate Alliance to create a new multistate emissions reduction program that covers all sectors of the economy, including transportation and industry, and exploring ways to leverage the successful Regional Greenhouse Gas Initiative to drive transformational investment in the clean energy economy and support a just transition.

At the national level, a historic climate deal is reshaping incentives and standards for clean energy deployment across the country.

The Green New Deal will also include an ambitious strategy to move New York's statewide building stock to carbon neutrality. The agenda includes:

Advancing legislative changes to strengthen building energy codes and establish appliance efficiency standards

Directing State agencies to ensure that their facilities uphold the strongest energy efficiency and sustainability standards

Developing a Net Zero Roadmap to chart a course to statewide carbon neutrality in buildings

A Multibillion Dollar Green New Deal Investment in the Clean Tech Economy that will Reduce Greenhouse Gas Emissions

Demonstrating New York's immediate commitment to implementing the nation's most ambitious clean energy agenda and creating high-quality clean energy jobs, Governor Cuomo is announcing $1.5 billion in competitive awards to support 20 large-scale solar, wind and energy storage projects across upstate New York. These investments will add over 1,650 megawatts of capacity and generate over 3,800,000 megawatt-hours of renewable energy annually - enough to power nearly 550,000 homes and create over 2,600 short and long-term jobs. Combined with the renewable energy projects previously announced under the Clean Energy Standard, New York has now awarded more than $2.9 billion to 46 projects statewide, enough to power over one million households.

The Green New Deal also includes new investments to jumpstart New York's offshore wind energy industry and support the State's world-leading target of 9,000 megawatts by 2035. New York will invest up to $200 million in port infrastructure to match private sector investment in regional development of offshore wind. This multi-location investment represents the nation's largest infrastructure commitment to offshore wind and solidifies New York's position as the hub of the burgeoning U.S. offshore wind industry.

These new investments build upon a $250 million commitment to electric vehicle infrastructure by the New York Power Authority's EVolve program, $3.5 billion in private investment in distributed solar driven by NYSERDA's NY-Sun program, and NY Green Bank transactions mobilizing nearly $1.75 billion in private capital for clean energy projects.

A Just Transition to a Clean Energy Economy

Deliver Climate Justice for Underserved Communities: The Green New Deal will help historically underserved communities prepare for a clean energy future and adapt to climate change by:

Giving communities a seat at the table by codifying the Environmental Justice and Just Transition Working Group into law and incorporating it into the planning process for the Green New Deal's implementation.

Directing the State's low-income energy task force to identify reforms to achieve greater impact of the public energy funds expended each year in order to increase the effect of funds and initiatives that target energy affordability to underserved communities.

Directing each of the State's ten Regional Economic Development Councils to develop an environmental justice strategy for their region.

Finance a Property Tax Compensation Fund to Help Communities Transition to the Clean Energy Economy: Governor Cuomo is introducing legislation to finance the State's $70 million Property Tax Compensation Fund to continue helping communities directly affected by the transition away from dirty and obsolete energy industries and toward the new clean energy economy. Specifically, this funding will protect communities impacted by the retirement of conventional power generation facilities.

Protect Labor Rights: To ensure creation of high-quality clean energy jobs, large-scale renewable energy projects supported by the Green New Deal will require prevailing wage, and the State's offshore wind projects will be supported by a requirement for a Project Labor Agreement.

Develop the Clean Tech Workforce: To prepare New York's workforce for the transition, New York State will take new steps to support workforce development, including establishing a New York State Advisory Council on Offshore Wind Economic and Workforce Development, as well as investing in an offshore wind training center that will provide New Yorkers with the skills and safety training required to construct this clean energy technology in New York.   

Richard Kauffman, Chairman of Energy and Finance for New York, said, "Governor Cuomo's Green New Deal will advance New York State further into the clean energy future, and we won't let the Trump Administration push us backwards. Governor Cuomo's new commitments ensure New York is the undisputed national clean energy and climate leader, and we will continue to build upon the foundations of the REV agenda to achieve a sustainable economy and healthy environment for generations of New Yorkers to come."

Alicia Barton, President and CEO, NYSERDA, said, "Climate scientists have made frighteningly clear that averting the worst effects of climate change will require bold action, not incremental steps, and Governor Cuomo's Green New Deal boldly goes where no others have before. His unwavering climate agenda includes the most aggressive clean energy target in U.S. history, the largest commitments to renewable energy and to offshore wind in the nation, a massive mobilization of clean energy jobs and an unprecedented investment in offshore wind port infrastructure. Together these actions make New York the clear national leader in the fight against climate change, and will show the world that New York can and will achieve a clean energy future for the sake of future generations."

DEC Commissioner Basil Seggos said, "The threat of climate change calls for bold action like Governor Cuomo's comprehensive agenda to make New York State carbon neutral. The Green New Deal ensures New York is continuing our nation-leading efforts to capitalize on the economic potential of the clean energy economy, while making sure those most vulnerable to climate change are benefitting from the state's efforts and investments. I look forward to working with my agency and authority partners on the Climate Action Council to develop and implement meaningful solutions to reduce greenhouse gas emissions from all sectors of our economy."  

John B. Rhodes, CEO, Department of Public Service, said, "With this nation-leading Green New Deal, Governor Cuomo puts New York on the path to fully clean electricity and to carbon neutrality with the strongest renewable energy goals in the nation. This will deliver the energy system that New York needs - cost-effective, reliable, and 100% clean.”

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Lawa Hydropower Station approved on the Jinsha River, a Yangtze tributary, delivers 2,000 MW via four units; 784 ft dam, 12 sq mi reservoir, Sichuan-Tibet site, US$4.59b investment, Huadian stake, renewable energy generation.

Key Points

A 2,000 MW dam project on the Jinsha River with four units, a 784 ft barrier, and 8.36 billion kWh annual output.

✅ Sichuan-Tibet junction on the Jinsha River

✅ 2,000 MW capacity; four turbine-generator units

✅ 8.36 bn kWh/yr; US$4.59b total; Huadian 48% stake

China has approved construction of the 2,000-MW Lawa hydropower station, a Yangtze tributary hydropower project on the Jinsha River, multiple news agencies are reporting.

Lawa, at the junction of Sichuan province and the Tibet autonomous region, will feature a 784-foot-high dam and the reservoir will submerge about 12 square miles of land. The Jinsha River is a tributary of the Yangtze River, and the project aligns with green hydrogen development in China.

The National Development and Reform Commission of the People’s Republic of China, which also guides China's nuclear energy development as part of national planning, is reported to have said that four turbine-generator units will be installed, and the project is expected to produce about 8.36 billion kWh of electricity annually.

Total investment in the project is to be US$4.59 billion, and Huadian Group Co. Ltd. will have a 48% stake in the project, reflecting overseas power infrastructure activity, with minority stakes held by provincial firms, according to China Daily.

In other recent news in China, Andritz received an order in December 2018 to supply four 350-MW reversible pump-turbines and motor-generators, alongside progress in compressed air generation technologies, for the 1,400-MW ZhenAn pumped storage plant in Shaanxi province.

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Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

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