Energy efficiency kits go to First Nations

By Canada News Wire


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This summer and fall an army of students and volunteers fanned out across Ontario First Nations communities to deliver Mana-cha-toon Wash-ti-ni-gun or Conserve the Light (CTL) energy efficiency kits.

The Conserve the Light project has delivered energy conservation kits to almost all of the 25,000 on-reserve homes in over 100 communities across Ontario. The final few communities such as Six Nations will be completed by year end. Each kit includes easy-to-install compact florescent light (CFL) bulbs, faucet aerators, pipe wraps, fridge and freezer thermometers, a low flow shower head, an outdoor timer for Christmas lights and other devices that will result in immediate reductions in energy use.

A website with directions on how to use the kit is also available www.conservethelight.ca. Electricity conservation is critical for many remote communities with power often provided by diesel generators that require fuel delivered by aircraft or winter roads, both expensive procedures.

The Conserve the Light concept was developed to reduce electricity consumption in First Nation communities. The program is being run by Charles Fox Consulting of Thunder Bay, with funding from the Ontario Power Authority. CTL is part of the Provincial Energy Efficiency & Conservation Measures for Aboriginal Communities (EEMAC) initiative.

An excellent example of how the kits are being distributed can be found on the Six Nations territory, where a team from Gil & Essie Martin's Walk with Me for Diabetes organization is quarterbacking the kit delivery. During a site visit, last weekend Mr Fox noted, "Gil Martin's annual effort to raise money to increase awareness of Diabetes is well respected in this community. The same focus that he, Essie and his team bring to fighting diabetes is now extended to getting these energy saving kits into peoples hands."

Speaking from the Community Minded Spirit Action Building, near Oshweken (south of Hamilton/near Caledonia), Mr Martin stated, "Whether educating people about Diabetes or energy conservation it is important that everyone in the community is involved. Here, every household will have a kit delivered; they can install it and make an immediate cut to their electricity bill."

Mr Martin joked, "Any money people save on their electricity bill, they can donate to the Walk With Me program to fight Diabetes in our community."

Mr. Fox, whose office is located on the Fort William First Nation (near Thunder Bay), observed, "Gil, Essie and their volunteer team are already ahead of their delivery schedule. Over the next few weeks, every Six Nations household will receive one of a total of 2,969 kits being shipped there. In fact, when the group has completed their task, they will have delivered more kits than any other distribution team in the Province."

Mr Fox stated, "Kits have been delivered from as far north as the coast of James Bay, and south to locations on the coast of Lake Erie and Lake Ontario. We have used planes from native owned Wasaya Airlines in the far north, as well as trucks, trains, cars, boats, and now the volunteers from Gil and Essie Martin's Walk with Me for Diabetes team."

Fox concluded, "The kits are resulting in energy savings, but more importantly, there is now a much higher level of activity and interest in energy conservation in First Nations communities. We need to revitalize our conservation culture, a culture that is based on our traditional teachings."

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Pacific Northwest's Renewable Energy Goals Hindered

Pacific Northwest Transmission Bottleneck slows clean energy progress as BPA's aging grid constrains renewable interconnections, delaying wind, solar, and data center growth; decarbonization targets depend on transmission upgrades, new substations, and policy reform.

 

Key Points

An interconnection and capacity shortfall on BPA's aging grid that delays renewables and impedes clean energy goals.

✅ BPA approvals lag: 1 of 469 projects since 2015.

✅ Yakama solar waits for substation upgrades until 2027.

✅ Data centers and decarbonization targets face grid constraints.

 

Oregon and Washington have set ambitious targets to decarbonize their power sectors, aiming for 100% clean electricity in the coming decades. However, a significant obstacle stands in the way: the region's aging and overburdened transmission grid, underscoring why 100% renewables remain elusive even as momentum builds.

The Grid Bottleneck

The BPA operates a transmission system that is nearly a century old in some areas, and its capacity has not expanded sufficiently to accommodate the influx of renewable energy projects, reflecting stalled grid spending in many parts of the U.S., according to recent analyses. Since 2015, 469 large renewable projects have applied to connect to the BPA's grid; however, only one has been approved—a stark contrast to other regions in the country. This bottleneck has left numerous wind and solar projects in limbo, unable to deliver power to the grid.

One notable example is the Yakama Nation's solar project. Despite receiving a $32 million federal grant under the bipartisan infrastructure law as part of a broader grid overhaul for renewables, the tribe faces significant delays. The BPA estimates that it will take until 2027 to complete the necessary upgrades to the transmission system, including a new substation, before the solar array can be connected. This timeline poses a risk of losing federal funding if the project isn't operational by 2031.

Economic and Environmental Implications

The slow pace of grid expansion has broader implications for the region's economy and environmental goals. Data centers and other energy-intensive industries are increasingly drawn to the Pacific Northwest due to its clean energy potential, while interregional projects like the Wyoming-to-California wind link illustrate how transmission access can unlock supply. However, without adequate infrastructure, these industries may seek alternatives elsewhere. Additionally, the inability to integrate renewable energy efficiently hampers efforts to reduce greenhouse gas emissions and combat climate change.

Policy Challenges and Legislative Efforts

Efforts to address the grid limitations through state-level initiatives have faced challenges, even as a federal rule to boost transmission advances nationally. In 2025, both Oregon and Washington considered legislation to establish state bonding authorities aimed at financing transmission upgrades. However, these bills failed to pass, leaving the BPA as the primary entity responsible for grid expansion. The BPA's unique structure—operating as a self-funded federal agency without direct state oversight—has made it difficult for regional leaders to influence its decision-making processes.

Looking Ahead

The Pacific Northwest's renewable energy aspirations hinge on modernizing its transmission infrastructure, aligning with decarbonization strategies that emphasize grid buildout. While the BPA has proposed several projects to enhance grid capacity, the timeline for completion remains uncertain. Without significant investment and policy reforms, the region risks falling behind in the transition to a clean energy future. Stakeholders across Oregon and Washington must collaborate to advocate for necessary changes and ensure that the grid can support the growing demand for renewable energy.

The Pacific Northwest's commitment to clean energy is commendable, but achieving these goals requires overcoming substantial infrastructure challenges, and neighboring jurisdictions such as British Columbia have pursued B.C. regulatory streamlining to accelerate projects. Addressing the limitations of the BPA's transmission system is critical to unlocking the full potential of renewable energy in the region. Only through concerted efforts at the federal, state, and local levels can Oregon and Washington hope to realize their green energy ambitions.

 

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Climate change: Electrical industry's 'dirty secret' boosts warming

Sulphur Hexafluoride (SF6) Emissions drive rising greenhouse gas impacts in electrical switchgear, power grids, and renewables, with extreme global warming potential, long atmospheric lifetime, and leakage risks challenging climate targets and grid decarbonization.

 

Key Points

SF6 emissions are leaks from electrical switchgear and grids, a high-GWP gas with ~1,000-year lifetime.

✅ 23,500x CO2 global warming potential (GWP)

✅ Leaks from switchgear, breakers, gas-insulated substations

✅ Clean air and vacuum alternatives emerging for MV/HV

 

Sulphur hexafluoride, or SF6, is widely used in the electrical industry to prevent short circuits and accidents.

But leaks of the little-known gas in the UK and the rest of the EU in 2017 were the equivalent of putting an extra 1.3 million cars on the road.

Levels are rising as an unintended consequence of the green energy boom and the broader global energy transition worldwide.

Cheap and non-flammable, SF6 is a colourless, odourless, synthetic gas. It makes a hugely effective insulating material for medium and high-voltage electrical installations.

It is widely used across the industry, from large power stations to wind turbines to electrical sub-stations in towns and cities.

It prevents electrical accidents and fires.

However, the significant downside to using the gas is that it has the highest global warming potential of any known substance. It is 23,500 times more warming than carbon dioxide (CO2).

Just one kilogram of SF6 warms the Earth to the same extent as 24 people flying London to New York return.

It also persists in the atmosphere for a long time, warming the Earth for at least 1,000 years.

 

So why are we using more of this powerful warming gas?

The way we make electricity around the world is changing rapidly, with New Zealand's push to electrify in its energy system.

Where once large coal-fired power stations brought energy to millions, the drive to combat climate change and to move away from coal means they are now being replaced by mixed sources of power including wind, solar and gas.

This has resulted in many more connections to the electricity grid, and with EU electricity use could double by 2050, a rise in the number of electrical switches and circuit breakers that are needed to prevent serious accidents.

Collectively, these safety devices are called switchgear. The vast majority use SF6 gas to quench arcs and stop short circuits.

"As renewable projects are getting bigger and bigger, we have had to use it within wind turbines specifically," said Costa Pirgousis, an engineer with Scottish Power Renewables on its new East Anglia wind farm, which doesn't use SF6 in turbines.

"As we are putting in more and more turbines, we need more and more switchgear and, as a result, more SF6 is being introduced into big turbines off shore.

"It's been proven for years and we know how it works, and as a result it is very reliable and very low maintenance for us offshore."

 

How do we know that SF6 is increasing?

Across the entire UK network of power lines and substations, there are around one million kilograms of SF6 installed.

A study from the University of Cardiff found that across all transmission and distribution networks, the amount used was increasing by 30-40 tonnes per year.

This rise was also reflected across Europe with total emissions from the 28 member states in 2017 equivalent to 6.73 million tonnes of CO2. That's the same as the emissions from 1.3 million extra cars on the road for a year.

Researchers at the University of Bristol who monitor concentrations of warming gases in the atmosphere say they have seen significant rises in the last 20 years.

"We make measurements of SF6 in the background atmosphere," said Dr Matt Rigby, reader in atmospheric chemistry at Bristol.

"What we've seen is that the levels have increased substantially, and we've seen almost a doubling of the atmospheric concentration in the last two decades."

 

How does SF6 get into the atmosphere?

The most important means by which SF6 gets into the atmosphere is from leaks in the electricity industry.

Electrical company Eaton, which manufactures switchgear without SF6, says its research indicates that for the full life-cycle of the product, leaks could be as high as 15% - much higher than many other estimates.

Louis Schaeffer, electrical business manager at Eaton, said: "The newer gear has very low leak rates but the key question is do you have newer gear?

"We looked at all equipment and looked at the average of all those leak rates, and we didn't see people taking into account the filling of the gas. Plus, we looked at how you recycle it and return it and also included the catastrophic leaks."

 

How damaging to the climate is this gas?

Concentrations in the atmosphere are very small right now, just a fraction of the amount of CO2 in the air.

However, the global installed base of SF6 is expected to grow by 75% by 2030, as data-driven electricity demand surges worldwide.

Another concern is that SF6 is a synthetic gas and isn't absorbed or destroyed naturally. It will all have to be replaced and destroyed to limit the impact on the climate.

Developed countries are expected to report every year to the UN on how much SF6 they use, but developing countries do not face any restrictions on use.

Right now, scientists are detecting concentrations in the atmosphere that are 10 times the amount declared by countries in their reports. Scientists say this is not all coming from countries like India, China and South Korea.

One study found that the methods used to calculate emissions in richer countries "severely under-reported" emissions over the past two decades.

 

Why hasn't this been banned?

SF6 comes under a group of human-produced substances known as F-gases. The European Commission tried to prohibit a number of these environmentally harmful substances, including gases in refrigeration and air conditioning, back in 2014.

 

But they faced strong opposition from industries across Europe.

"In the end, the electrical industry lobby was too strong and we had to give in to them," said Dutch Green MEP Bas Eickhout, who was responsible for the attempt to regulate F-gases.

"The electric sector was very strong in arguing that if you want an energy transition, and you have to shift more to electricity, you will need more electric devices. And then you also will need more SF6.

"They used the argument that otherwise the energy transition would be slowed down."

 

What do regulator and electrical companies say about the gas?

Everyone is trying to reduce their dependence on the gas, and US control efforts suggest targeted policies can drive declines, as it is universally recognised as harmful to the climate.

In the UK, energy regulator Ofgem says it is working with utilities to try to limit leaks of the gas.

"We are using a range of tools to make sure that companies limit their use of SF6, a potent greenhouse gas, where this is in the interest of energy consumers," an Ofgem spokesperson told BBC News.

"This includes funding innovation trials and rewarding companies to research and find alternatives, setting emissions targets, rewarding companies that beat those targets, and penalising those that miss them."

 

Are there alternatives - and are they very expensive?

The question of alternatives to SF6 has been contentious over recent years.

For high-voltage applications, experts say there are very few solutions that have been rigorously tested.

"There is no real alternative that is proven," said Prof Manu Haddad from the school of engineering at Cardiff University.

"There are some that are being proposed now but to prove their operation over a long period of time is a risk that many companies don't want to take."

Medium voltage operations there are several tried-and-tested materials. Some in the industry say that the conservative nature of the electrical industry is the key reason that few want to change to a less harmful alternative.

 

"I will tell you, everyone in this industry knows you can do this; there is not a technical reason not to do it," said Louis Schaffer from Eaton.

"It's not really economic; it's more a question that change takes effort and if you don't have to, you won't do it."

 

Some companies are feeling the winds of change

Sitting in the North Sea some 43km from the Suffolk coast, Scottish Power Renewables has installed one of world's biggest wind farms, in line with a sustainable electric planet vision, where the turbines will be free of SF6 gas.

East Anglia One will see 102 of these towering generators erected, with the capacity to produce up to 714MW (megawatts) of power by 2020, enough to supply half a million homes.

Previously, an installation like this would have used switchgear supplied with SF6, to prevent the electrical accidents that can lead to fires.

Each turbine would normally have contained around 5kg of SF6, which, if it leaked into the atmosphere, would add the equivalent of around 117 tonnes of carbon dioxide. This is roughly the same as the annual emissions from 25 cars.

"In this case we are using a combination of clean air and vacuum technology within the turbine. It allows us to still have a very efficient, reliable, high-voltage network but to also be environmentally friendly," said Costa Pirgousis from Scottish Power Renewables.

"Once there are viable alternatives on the market, there is no reason not to use them. In this case, we've got a viable alternative and that's why we are using it."

But even for companies that are trying to limit the use of SF6, there are still limitations. At the heart of East Anglia One sits a giant offshore substation to which all 102 turbines will connect. It still uses significant quantities of the highly warming gas.

 

What happens next ?

The EU will review the use of SF6 next year and will examine whether alternatives are available. However, even the most optimistic experts don't think that any ban is likely to be put in place before 2025.

 

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Europe to Weigh Emergency Measures to Limit Electricity Prices

EU Electricity Price Limits are proposed by the European Commission to curb contagion from gas prices, bolster energy security, stabilize the power market, and manage inflation via LNG imports, gas storage, and reduced demand.

 

Key Points

Temporary power-price caps to curb gas contagion, shield consumers, and bolster EU energy security.

✅ Limits decouple electricity from volatile gas benchmarks

✅ Short-term LNG imports and storage to enhance supply security

✅ Market design reforms and demand reduction to tame prices

 

The European Union should consider emergency measures in the coming weeks that could include price cap strategies on electricity prices, European Commission President Ursula von der Leyen told leaders at an EU summit in Versailles.

The reference to the possible measures was contained in a slide deck Ms. von der Leyen used to discuss efforts to curb the EU’s reliance on Russian energy imports, which last year accounted for about 40% of its natural-gas consumption. The slides were posted to Ms. von der Leyen’s Twitter account.

Russia’s invasion of Ukraine has highlighted the vulnerability of Europe’s energy supplies to severe supply disruptions and raised fears that imports could be cut off by Moscow or because of damage to pipelines that run across Ukraine. It has also driven energy prices up sharply, contributing to worries about inflation and economic growth.

Earlier this week, the European Commission, the EU’s executive arm, published the outline of a plan that it said could cut imports of Russian natural gas by two-thirds this year and end the need for those imports entirely before 2030, aligning with calls to ditch fossil fuels in Europe. In the short-term, the plan relies largely on storing natural gas ahead of next winter’s heating season, reducing consumption and boosting imports of liquefied natural gas from other producers.

The Commission acknowledged in its report that high energy prices are rippling through the economy, even as European gas prices have fallen back toward pre-war levels, raising manufacturing costs for energy-intensive businesses and putting pressure on low-income households. It said it would consult “as a matter of urgency” and propose options for dealing with high prices.

The slide deck used by Ms. von der Leyen on Thursday said the Commission plans by the end of March to present emergency options “to limit the contagion effect of gas prices in electricity prices, including temporary price limits, even though rolling back electricity prices can be complex under current market rules.” It also intends this month to set up a task force to prepare for next winter and a proposal for a gas storage policy.

By mid-May, the Commission will set out options to revamp the electricity market and issue a proposal for phasing out EU dependency on Russian fossil fuels by 2027, according to the slides.

French President Emmanuel Macron said Thursday that Europe needs to protect its citizens and companies from the increase in energy prices, adding that some countries, including France, have already taken some national measures.

“If this lasts, we will need to have a more long-lasting European mechanism,” he said. “We will give a mandate to the Commission so that by the end of the month we can get all the necessary legislation ready.”

The problem with price limits is that they reduce the incentive for people and businesses to consume less, said Daniel Gros, distinguished fellow at the Centre for European Policy Studies, a Brussels think tank. He said low-income families and perhaps some businesses will need help dealing with high prices, but that should come as a lump-sum payment that isn’t tied to how much energy they are consuming.

“The key will be to let the price signal work,” Mr. Gros said in a paper published this week, which argued that high energy prices could result in lower demand in Europe and Asia, reducing the need for Russian natural gas. “Energy must be expensive so that people save energy,” he said.

Ms. von der Leyen’s slides suggest the EU hopes to replace 60 billion cubic meters of Russian gas with alternative suppliers, including suppliers of liquefied natural gas, by the end of this year. Another 27 billion cubic meters could be replaced through a combination of hydrogen and EU production of biomethane, according to the slide deck.

 

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France Demonstrates the Role of Nuclear Power Plants

France Nuclear Power Strategy illustrates a low-carbon, reliable baseload complementing renewables in the energy transition, enhancing grid reliability, energy security, and emissions reduction, offering actionable lessons for Germany on infrastructure, policy, and public acceptance.

 

Key Points

France's nuclear strategy is a low-carbon baseload model supporting renewables, grid reliability, and energy security.

✅ Stable low-carbon baseload complements intermittent renewables

✅ Enhances grid reliability and national energy security

✅ Requires long-term investment, safety, and waste management

 

In recent months, France has showcased the critical role that nuclear power plants can play in an energy transition, offering valuable lessons for Germany and other countries grappling with their own energy challenges. As Europe continues to navigate its path towards a sustainable and reliable energy system, France's experience with nuclear energy underscores its potential benefits and the complexities involved, including outage risks in France that operators must manage effectively.

France, a long-time proponent of nuclear energy, generates about 70% of its electricity from nuclear power, making it one of the most nuclear-dependent countries in the world. This high reliance on nuclear energy has allowed France to maintain a stable and low-carbon electricity supply, which is increasingly significant as nations aim to reduce greenhouse gas emissions, even as Europe's nuclear capacity declines in several markets, and combat climate change.

Recent events in France have highlighted several key aspects of nuclear power's role in energy transition:

  1. Reliability and Stability: During periods of high renewable energy generation or extreme weather events, nuclear power plants have proven to be a stable and reliable source of electricity. Unlike solar and wind power, which are intermittent and depend on weather conditions, nuclear plants provide a consistent and continuous supply of power. This stability is crucial for maintaining grid reliability and ensuring that energy demand is met even when renewable sources are not producing electricity.

  2. Low Carbon Footprint: France’s commitment to nuclear energy has significantly contributed to its low carbon emissions. By relying heavily on nuclear power, France has managed to reduce its greenhouse gas emissions substantially compared to many other countries. This achievement is particularly relevant as Europe strives to meet ambitious climate targets, with debates over a nuclear option in Germany highlighting climate trade-offs, and reduce overall carbon footprints. The low emissions associated with nuclear power make it an important tool for achieving climate goals and transitioning away from fossil fuels.

  3. Energy Security: Nuclear power has played a vital role in France's energy security. The country’s extensive network of nuclear power plants ensures a stable and secure supply of electricity, reducing its dependency on imported energy sources. This energy security is particularly important in the context of global energy market fluctuations and geopolitical uncertainties. France’s experience demonstrates how nuclear energy can contribute to a nation’s energy independence and resilience.

  4. Economic Benefits: The nuclear industry in France also provides significant economic benefits. It supports thousands of jobs in construction, operation, and maintenance of power plants, as well as in the supply chain for nuclear fuel and waste management. Additionally, the stable and relatively low cost of nuclear-generated electricity can contribute to lower energy prices for consumers and businesses, enhancing economic stability.

Germany, in contrast, has been moving away from nuclear energy, particularly following the Fukushima disaster in 2011. The country has committed to phasing out its nuclear reactors by 2022 and focusing on expanding renewable energy sources such as wind and solar power. While Germany's renewable energy transition has made significant strides, it has also faced challenges related to grid stability, as Germany's energy balancing act illustrates for policymakers, energy storage, and maintaining reliable power supplies during periods of low renewable generation.

France’s experience with nuclear energy offers several lessons for Germany and other nations considering their own energy strategies:

  • Balanced Energy Mix: A diverse energy mix that includes nuclear power alongside renewable sources can help ensure a stable and reliable electricity supply, as ongoing discussions about a nuclear resurgence in Germany emphasize for policymakers today. While renewable energy is essential for reducing carbon emissions, it can be intermittent and may require backup from other sources to maintain grid reliability. Nuclear power can complement renewable energy by providing a steady and consistent supply of electricity.

  • Investment in Infrastructure: To maximize the benefits of nuclear energy, investment in infrastructure is crucial. This includes not only the construction and maintenance of power plants but also the development of waste management systems and safety protocols. France’s experience demonstrates the importance of long-term planning and investment to ensure the safe and effective use of nuclear technology.

  • Public Perception and Policy: Public perception of nuclear energy can significantly impact its adoption and deployment, and ongoing Franco-German nuclear disputes show how politics shape outcomes across borders. Transparent communication, rigorous safety standards, and effective waste management are essential for addressing public concerns and building trust in nuclear technology. France’s successful use of nuclear power is partly due to its emphasis on safety and regulatory compliance.

In conclusion, France's experience with nuclear power provides valuable insights into the role that this technology can play in an energy transition. By offering a stable, low-carbon, and reliable source of electricity, nuclear power complements renewable energy sources and supports overall energy security. As Germany and other countries navigate their energy transitions, France's example underscores the importance of a balanced energy mix, robust infrastructure, and effective public engagement in harnessing the benefits of nuclear power while addressing associated challenges, with industry voices such as Eon boss on nuclear debate underscoring the sensitivity of cross-border critiques.

 

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When will the US get 1 GW of offshore wind on the grid?

U.S. Offshore Wind Capacity is set to exceed 1 GW by 2024, driven by BOEM approvals, federal leases, and resilient supply chains, with eastern states scaling renewable energy, turbines, and content despite COVID-19 disruptions.

 

Key Points

Projected gigawatt-scale offshore wind growth enabled by BOEM approvals, federal leases, and East Coast state demand.

✅ 17+ GW leased; only 1,870 MW in announced first phases.

✅ BOEM approvals are critical to reach >1 GW by 2024.

✅ Local supply chains mitigate COVID-19 impacts and lower costs.

 

Offshore wind in the U.S. will exceed 1 GW of capacity by 2024 and add more than 1 GW annually by 2027, a trajectory consistent with U.S. offshore wind power trends, according to a report released last week by Navigant Research.

The report calculated over 17 GW of offshore state and federal leases for wind production, reflecting forecasts that $1 trillion offshore wind market growth is possible. However, the owners of those leases have only announced first phase plans for 1,870 MW of capacity, leaving much of the projects in early stages with significant room to grow, according to senior research analyst Jesse Broehl.

The Business Network for Offshore Wind (BNOW) believes it is possible to hit 1 GW by 2023-24, according to CEO Liz Burdock. While the economy has taken a hit from the coronavirus pandemic, she said the offshore wind industry can continue growing as "the supply chain from Asia and Europe regains speed this summer, and the administration starts clearing" plans of construction.

BNOW is concerned with the economic hardship imposed on secondary and tertiary U.S. suppliers due to the global spread of COVID-19.

Offshore wind has been touted by many eastern states and governors as an opportunity to create jobs, with U.S. wind employment expected to expand, according to industry forecasts. Analysts see the growing momentum of projects as a way to further lower costs by creating a local supply chain, which could be jeopardized by a long-term shutdown and recession.

"The federal government must act now — today, not in December — and approve project construction and operation plans," a recent BNOW report said. Approving any of the seven projects before BOEM, which has recently received new lease requests, currently would allow small businesses to get to work "following the containment of the coronavirus," but approval of the projects next year "may be too late to keep them solvent."

The prospects for maintaining momentum in the industry falls largely to the Department of the Interior's Bureau of Ocean Energy Management (BOEM). The industry cannot hit the 1 GW milestone without project approvals by BOEM, which is revising processes to analyze federal permit applications in the context of "greater build out of offshore wind capacity," according to its website.

"It is heavily dependent on the project approval success," Burdock told Utility Dive.

Currently, seven projects are awaiting determinations from BOEM on their construction operation plans in Massachusetts, New York, where a major offshore wind farm was recently approved, New Jersey and Maryland, with more to be added soon, a BNOW spokesperson told Utility Dive.

To date, only one project has received BOEM approval for development in federal waters, a 12 MW pilot by Dominion Energy and Ørsted in Virginia. The two-turbine project is a stepping stone to a commercial-scale 2.6 GW project the companies say could begin installation as soon as 2024, and gave the developers experience with the permitting process.

In the U.S., developers have the capacity to develop 16.9 GW of offshore wind in federal U.S. lease areas, even as wind power's share of the electricity mix surges nationwide, Broehl told Utility Dive, but much of that is in early stages. The Navigant report did not address any impacts of coronavirus on offshore wind, he said.

Although Massachusetts has legislation in place to require utilities to purchase 1.6 GW of wind power by 2026, and several other projects are in early development stages, Navigant expects the first large offshore wind projects in the U.S. (exceeding 200 MW) will come online in 2022 or later, and the first projects with 400 MW or more capacity are likely to be built by 2024-2025, and lessons from the U.K.'s experience could help accelerate timelines. The U.S. would add about 1.2 GW in 2027, Broehl said.

The federal leasing activities along with the involvement from Eastern states and utilities "virtually guarantees that a large offshore wind market is going to take off in the U.S.," Broehl said.

 

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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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