Newfoundland announces new net metering policy framework

By Government of Newfoundland and Labrador


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The Honourable Derrick Dalley, Minister of Natural Resources, recently announced the provinceÂ’s new net metering policy framework. Net metering will allow utility customers with small-scale generating facilities to generate power from renewable sources for their own consumption.

Once the framework is fully implemented by the utilities, customers will be able to feed power into the distribution system during periods when they generate excess power and draw power from the grid when their generation does not fully meet their needs.

“The Provincial Government is committed to further diversifying the province’s electricity supply mix with renewable sources of energy. By implementing this new policy framework, we are fulfilling one of the province’s long-term Energy Plan commitments – to provide the regulatory support to develop and implement a net metering policy for small-scale renewable energy sources. In addition, the new policy framework will provide guidance for Newfoundland Power and Newfoundland and Labrador Hydro to develop their applications for net metering programs for submission to the Board of Commissioners of Public Utilities. We are confident this new policy will provide value while protecting the ratepayers,” says The Honourable Derrick Dalley, Minister of Natural Resources.

The Government of Newfoundland and Labrador is responsible for providing the policy, legislative and regulatory framework under which net metering programs will be developed by the utilities and reviewed by the regulator. The Provincial Government worked with Newfoundland and Labrador Hydro and Newfoundland Power to develop this policy framework, and will continue to work with them and the regulator to monitor and evaluate the new policy and the net metering programs made available to customers.

Details of the policy framework can be found in the backgrounder below.

“Newfoundland and Labrador Hydro is committed to supporting clean, renewable energy and welcomes the addition of a new metering policy. We look forward to developing a net metering program which will ultimately enable our customers to offset their own power requirements from the grid and support environmental sustainability," Rob Henderson, Vice President, Newfoundland and Labrador Hydro.

In 2014, the Provincial Government hired Navigant Consulting Limited to research relevant standard industry practices and to provide guidance on developing a net metering policy which would give customers the option to displace their electricity requirements with their own renewable energy sources. Navigant Consulting LimitedÂ’s final report was released to the public on December 11, 2014.

“Newfoundland Power is pleased that the Government of Newfoundland and Labrador has established a net metering policy framework. Based on this framework, and in collaboration with Newfoundland and Labrador Hydro, we will now develop a net metering program, including eligibility requirements and technical specifications. The net metering program will subsequently be submitted to the Board of Commissioners of Public Utilities for approval prior to implementation," says Gary Murray, Vice President of Engineering and Operations.

Government of Newfoundland and Labrador Net Metering Policy Framework

The Provincial GovernmentÂ’s new net metering policy will allow utility customers with small-scale generating facilities to generate power from renewable sources for their own consumption. They will be able to feed power into the distribution system during periods when they generate excess power and draw power from the grid when their generation does not fully meet their needs.

Key elements in the net metering policy framework include:

- Eligibility is limited to small-scale renewable energy sources

- The programs will be available to domestic and general service commercial customers

- Individual renewable generation systems will be limited up to a maximum of 100kW and cannot be sized beyond a customerÂ’s load

- Meter aggregation is not permitted only one metering point per account and property

- A customerÂ’s net consumption will be billed using retail rates that are consistent with those that apply to a non-net metering customer of the same size, type and location

- A customerÂ’s net excess generation will be credited at the end of a billing period for example, monthly as a kWh credit

- Annually, net excess generation will be settled with a cash payment or bill credit at the retail rates that are used to determine the bill for the customerÂ’s net consumption. Whether it is a cash payment or bill credit will be proposed by the utilities and subject to PUB approval

- The program will have a provincial cap of five megawatts MW and

- Following implementation, the Provincial Government, in consultation with the utilities and the PUB, will monitor and review the policy framework and the utilitiesÂ’ net metering programs.

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Egypt, China's Huawei discuss electricity network's transformation to smart grid

Egypt-Huawei Smart Grid advances Egypt's energy sector with digital transformation, grid modernization, and ICT solutions, enhancing power generation, transmission, and distribution while enabling renewable integration, data analytics, cybersecurity, and scalable infrastructure nationwide.

 

Key Points

An Egypt-Huawei project to modernize Egypt's grid into a smart network using ICT, analytics, and scalable infrastructure.

✅ Gradual migration to a smart grid to absorb higher load

✅ Boosts generation, transmission, and distribution efficiency

✅ ICT training supports workforce and digital transformation

 

Egypt and China's tech giant Huawei on Thursday discussed the gradual transformation of Egypt's electricity network to a smart grid model, Egyptian Ministry of Electricity and Renewable Energy said.

Egyptian Minister of Electricity and Renewable Energy Mohamed Shaker met with Huawei's regional president Li Jiguang in Cairo, where they discussed the cooperation, the ministry said in a statement.

The meeting is part of Egypt's plans to develop its energy sector based on the latest technologies and smarter electricity infrastructure initiatives, it added.

During the meeting, Shaker hailed the existing cooperation between Egypt and China in several mega projects, citing regional efforts like the Philippines power grid upgrades, welcoming further cooperation with China to benefit from its expertise and technological progress.

"The future vision of the Egyptian electricity sector is based on the gradual transformation of the current network from a typical one to a smart grid that would help absorb the large amounts of generated power," Shaker said.

Shaker highlighted his ministry's efforts to improve its services, including power generation, transportation and grid improvements across distribution.

Li, president of Huawei Northern Africa Enterprise Business Group, commended the rapid and remarkable development of the projects implemented by the Egyptian ministry to establish a strong infrastructure along with a smart grid that supports the digital grid transformation.

The Huawei official added that despite the challenges the corporation faced in the first half of 2020, it has managed to achieve revenues growth, which shows Huawei's strength and stability amid global challenges such as cybersecurity fears in critical infrastructure.

In late February, Egypt's Ministry of Higher Education and Scientific Research and Huawei discussed plans to provide training to develop the skills of Egyptian university students talented in information and communications technology, including emerging topics like 5G energy use considerations.

 

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Energy UK - Switching surge continues

UK Energy Switching Surge sees 600,000 customers change suppliers in October, driven by competition, the Energy Switch Guarantee, and better tariffs, with Electralink's DTN supporting customer switching and Ofgem oversight.

 

Key Points

A rise in UK customers switching electricity suppliers in October, driven by competition and the Energy Switch Guarantee.

✅ 600,000 switches recorded in October

✅ 32% moved to small and mid-tier suppliers

✅ Energy Switch Guarantee assures simple, safe transfers

 

More than 600,000 customers took steps to save on their energy bills this winter by switching electricity provider in October, as forecasts such as a 16% bill decrease in April offer further encouragement, the latest figures from Energy UK reveal.

A third (32 per cent) of those changing providers in October moved to small and mid-tier suppliers.

Regional markets have seen changes too, including Irish electricity price increases that highlight wider cost pressures.

With recent research showing that that nine in ten energy switchers were happy with the process of changing suppliers and with the reassurance provided by the Energy Switch Guarantee - a series of commitments ensuring switches are simple, speedy and safe - and amid MPs proposing price restrictions to protect consumers, more and more customers are now confident when looking to move.

Lawrence Slade, chief executive of Energy UK said: 'Switching continues to surge with over 600,000 customers changing supplier to find a better deal last month. Many more will have made savings by checking they are on the best deal with their current supplier. It only takes a few minutes to do this and with over 55 suppliers across the market, there's never been more competition or choice.'

Around 75 per cent of the market are signatories of the Guarantee. This includes: British Gas, Bulb Energy, E.ON, EDF Energy, First Utility, Flow Energy, npower, Octopus Energy, Pure Planet, Sainsbury's Energy, Scottish Power, So Energy and Tonik Energy.

The switching data is supplied by Electralink who provides a secure service to transfer data between the electricity market participants. The company operates the Data Transfer Network (DTN) which underpins customer switching, meter interoperability and other business processes critical to a competitive electricity market, where knowing where your electricity comes from can support informed choices.

The data referenced in these reports is since our collection of data only and is for electricity only.

These figures do not include internal electricity switching, and statistics on this from the larger suppliers and on Standard Variable Tariffs can be viewed on the Ofgem website, while ministers consider ending the gas-electricity price link to reduce bills.

 

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Alberta is a powerhouse for both green energy and fossil fuels

Alberta Renewable Energy Market is accelerating as wind and solar prices fall, corporate PPAs expand, and a deregulated, energy-only system, AESO outlooks, and TIER policy drive investment across the province.

 

Key Points

An open, energy-only Alberta market where wind and solar growth is driven by corporate PPAs, AESO outlooks, and TIER.

✅ Energy-only, deregulated grid enables private investment

✅ Corporate PPAs lower costs and hedge power price risk

✅ AESO forecasts and TIER policy support renewables

 

By Chris Varcoe, Calgary Herald

A few things are abundantly clear about the state of renewable energy in Alberta today.

First, the demise of Alberta’s Renewable Electricity Program (REP) under the UCP government isn’t going to see new projects come to a screeching halt.

In fact, new developments are already going ahead.

And industry experts believe private-sector companies that increasingly want to purchase wind or solar power are going to become a driving force behind even more projects in Alberta.

BluEarth Renewables CEO Grant Arnold, who spoke Wednesday at the Canadian Wind Energy Association conference, pointed out the sector is poised to keep building in the province, even with the end of the REP program that helped kick-start projects and triggered low power prices.

“The fundamentals here are, I think, quite fantastic — strong resource, which leads to really competitive wind prices . . . it’s now the cheapest form of new energy in the province,” he told the audience.

“Alberta is in a fundamentally good place to grow the wind power market.”

Unlike other provinces, Alberta has an open, deregulated marketplace, which create opportunities for private-sector investment and renewable power developers as well.

The recent decision by the Kenney government to stick with the energy-only market, instead of shifting to a capacity market, is seen as positive for Alberta's energy future by renewable electricity developers.

There is also increasing interest from corporations to buy wind and solar power from generators — a trend that has taken off in the United States with players such as Google, General Motors and Amazon — and that push is now emerging in Canada.

“It’s been really important in the U.S. for unlocking a lot of renewable energy development,” said Sara Hastings-Simon, founding director of the Business Renewable Centre Canada, which seeks to help corporate buyers source renewable energy directly from project developers.

“You have some companies where . . . it’s what their investors and customers are demanding. I think we will see in Alberta customers who see this as a good way to meet their carbon compliance requirements.

“And the third motivation to do it is you can get the power at a good price.”

Just last month, Perimeter Solar signed an agreement with TC Energy to supply the Calgary-based firm with 74 megawatts from its solar project near Claresholm.

More deals in the industry are being discussed, and it’s expected this shift will drive other projects forward.

There is increasing interest from corporations to buy solar and wind energy directly from generators.

“The single-biggest change has been the price of wind and solar,” Arnold said in an interview.

“Alberta looks really, really bright right now because we have an open market. All other provinces, for regulatory reasons, we can’t have this (deal) . . . between a generator and a corporate buyer of power. So Alberta has a great advantage there.”

These forces are emerging as the renewable energy industry has seen dramatic change in recent years in Alberta, with costs dropping and an array of wind and solar developments moving ahead, even as solar expansion faces challenges in the province.

The former NDP government had an aggressive target to see green energy sources make up 30 per cent of all electricity generation by 2030.

Last week, the Alberta Electric System Operator put out its long-term outlook, with its base-case scenario projecting moderate demand growth for power over the next two decades. However, the expected load growth — expanding by an average of 0.9 per cent annually until 2039 — is only half the rate seen in the past 20 years.

Natural gas will become the main generation source in the province as coal-fired power (now comprising more than one-third of generation) is phased out.

Renewable projects initiated under the former NDP government’s REP program will come online in the near term, while “additional unsubsidized renewable generation is expected to develop through competitive market mechanisms and support from corporate power purchase agreements,” the report states.

AESO forecasts installed generation capacity for renewables will almost double to about 19 per cent by 2030, with wind and solar increasing to 21 per cent by 2039.

Another key policy issue for the sector will likely come within the next few weeks when the provincial government introduces details of its new Technology Innovation and Emissions Reduction program (TIER).

The initiative will require large industrial emitters to reduce greenhouse gas emissions to a benchmark level, pay into the technology fund, or buy offsets or credits. The carbon price is expected to be around $20 to $30 a tonne, and the system will kick in on Jan. 1, 2020.

Industry players point out the decision to stick with Alberta’s energy-only market along with the details surrounding TIER, and a focus by government on reducing red tape, should all help the sector attract investment.

“It is pretty clear there is a path forward for renewables here in the province,” said Evan Wilson, regional director with the Canadian Wind Energy Association.

All of these factors are propelling the wind and solar sector forward in the province, at the same time the oil and gas sector faces challenges to grow.

But it doesn’t have to be an either/or choice for the province moving forward. We’re going to need many forms of energy in the coming decades, and Alberta is an energy powerhouse, with potential to develop more wind and solar, as well as oil and natural gas resources.

“What we see sometimes is the politics and discussion around renewables or oil becomes a deliberate attempt to polarize people,” Arnold added.

“What we are trying to show, in working in Alberta on renewable projects, is it doesn’t have to be polarizing. There are a lot of solutions.

“The combination of solutions is part of what we need to talk about.”

 

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Sustaining U.S. Nuclear Power And Decarbonization

Existing Nuclear Reactor Lifetime Extension sustains carbon-free electricity, supports deep decarbonization, and advances net zero climate goals by preserving the US nuclear fleet, stabilizing the grid, and complementing advanced reactors.

 

Key Points

Extending licenses keeps carbon-free nuclear online, stabilizes grid, and accelerates decarbonization toward net zero.

✅ Preserves 24/7 carbon-free baseload to meet climate targets

✅ Avoids emissions and replacement costs from premature retirements

✅ Complements advanced reactors; reduces capital and material needs

 

Nuclear power is the single largest source of carbon-free energy in the United States and currently provides nearly 20 percent of the nation’s electrical demand. As a result, many analyses have investigated the potential of future nuclear energy contributions in addressing climate change and investing in carbon-free electricity across the sector. However, few assess the value of existing nuclear power reactors.

Research led by Pacific Northwest National Laboratory (PNNL) Earth scientist Son H. Kim, with the Joint Global Change Research Institute (JGCRI), a partnership between PNNL and the University of Maryland, has added insight to the scarce literature and is the first to evaluate nuclear energy for meeting deep decarbonization goals amid rising credit risks for nuclear power identified by Moody's. Kim sought to answer the question: How much do our existing nuclear reactors contribute to the mission of meeting the country’s climate goals, both now and if their operating licenses were extended?

As the world races to discover solutions for reaching net zero as part of the global energy transition now underway, Kim’s report quantifies the economic value of bringing the existing nuclear fleet into the year 2100. It outlines its significant contributions to limiting global warming.

Plants slated to close by 2050 could be among the most important players in a challenge requiring all available carbon-free technology solutions—emerging and existing—alongside renewable electricity in many regions, the report finds. New nuclear technology also has a part to play, and its contributions could be boosted by driving down construction costs.  

“Even modest reductions in capital costs could bring big climate benefits,” said Kim. “Significant effort has been incorporated into the design of advanced reactors to reduce the use of all materials in general, such as concrete and steel because that directly translates into reduced costs and carbon emissions.”

Nuclear power reactors face an uncertain future, and some utilities face investor pressure to release climate reports as well.
The nuclear power fleet in the United States consists of 93 operating reactors across 28 states. Most of these plants were constructed and deployed between 1970-1990. Half of the fleet has outlived its original operating license lifetime of 40 years. While most reactors have had their licenses renewed for an additional 20 years, and some for another 20, the total number of reactors that will receive a lifetime extension to operate a full 80 years from deployment is uncertain.

Other countries also rely on nuclear energy. In France, for example, nuclear energy provides 70 percent of the country’s power supply. They and other countries must also consider extending the lifetime, retiring, or building new, modern reactors while navigating Canadian climate policy implications for electricity grids. However, the U.S. faces the potential retirement of many reactors in a short period—this could have a far stronger impact than the staggered closures other countries may experience.

“Our existing nuclear power plants are aging, and with their current 60-year lifetimes, nearly all of them will be gone by 2050. It’s ironic. We have a net zero goal to reach by 2050, yet our single largest source of carbon-free electricity is at risk of closure, as seen in New Zealand's electricity transition debates,“ said Kim.

 

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

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

 

Key Points

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

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

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

✅ Passage depends on bipartisan infrastructure compromise

 

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

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

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

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

 

Pressure from the Left

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

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

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

 

Implications of a potential ITC extension

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

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

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

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

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

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

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

 

Will consensus be reached?

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

 

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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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