Idaho energy czar aims to harness cow pie power

By Associated Press


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That odor wafting from 550,000 cows that make up Idaho's growing dairy herd smells like energy independence and economic development to state energy czar Paul Kjellander.

Idaho is now America's No. 3 milk producer, trailing California and Wisconsin. That also means it's cow pie central.

Mountains of manure are fueling Kjellander's dream of pipelines crisscrossing the Snake River plain, linking manure digesters at dairies large and small to central refineries that produce natural gas pure enough for homes or cars. Processed manure would be sold as plant bedding. Dairies could also fire turbines, shooting electricity into the power grid. And they could sell carbon credits in schemes to slash greenhouse gas emissions.

Kjellander, who heads up Gov. C.L. "Butch" Otter's Office of Energy Resources, is pushing a package of income tax credits, property tax waivers and other incentives in the 2009 Legislature starting January 12 to transform Idaho's southern heartland into a methane Mecca.

Minneapolis-based Cargill, Inc. is already building poop-to-power facilities here, while a tiny startup with big plans is struggling to survive.

"We can put together the right package and right mechanism to help move it along," Kjellander told The Associated Press. "You've got to have somebody locally who is ready to take the risk and move this forward. But the state can provide the right type of incentives."

Other states are also trying to whet potential investors' appetites.

Minnesota recently gave a farmer more than $200,000 to finance a project that returns unused electricity to its power grid. Washington offers sales tax exemptions for dairies that install digesters. And in the midst of 2001's rolling blackouts, California set aside $10 million for "manure methane power production projects."

Idaho's measure would eventually allow counties elsewhere, including depressed timber hamlets in the northern forests, to create alternative "energy enterprise zones" to assist companies in turning wood waste to energy.

With the pilot project focusing initially on the region around Twin Falls, however, Kjellander hopes to direct attention to where massive dairies have expanded en masse in recent years, lured by cheap land, cheap feed and utility costs that are just a third of California's.

Agriculture accounts for a third of U.S. methane released into the atmosphere. Methane, also from landfills, coal mines and oil refineries, is considered the No. 2 greenhouse gas contributing to global warming, after carbon dioxide.

The Idaho Conservation League has highlighted risks associated with Idaho's enormous dairy feedlots, including water quality threats and air pollution. The group supports Kjellander's bill.

"We're hoping the digesters will not only capture greenhouse gases, but also because of the way the system works, there will be additional controls of other air pollutants," said Courtney Washburn, from the environmental group's Boise office. "Hopefully, it will make the lives of the neighbors a lot easier."

Intermountain Gas Co., the state's provider, backs the plan, too.

The company, a unit of Bismarck, N.D.,-based Montana-Dakota Utilities Co., gets its natural gas largely from reservoirs in Canada and beneath the Rocky Mountains, including Wyoming and Utah. Incentives could help dairies cut the cost of their gas to competitive levels, said Brent Wilde, a spokesman.

"We're charged with purchasing the least expensive gas we can get our hands on," he said. "Probably the biggest benefit is being able to use that methane for something useful, rather than letting it go into the atmosphere."

In September, Cargill began selling electricity from its $8.5 million, 2.25 megawatt digester and generator facility at the 10,000-cow Bettencourt Dairy in Wendell to Idaho Power Co., the state's largest utility.

It is the agricultural conglomerate's first such project, but Cargill has another southern Idaho plant due to open in 2009. It's also exploring similar endeavors in neighboring Washington, Oregon, New Mexico, California, Texas, New York and Indiana, said Craig Maetzold, Cargill Environmental Finance's operations manager.

"We believe the credits in renewable energy are only going to increase in value in the future," Maetzold told The AP. "So far, we've looked at electricity generation as being the best business case. However, we are open to future projects that have pipeline-quality natural gas."

One healthy dairy cow produces 40,000 pounds of manure annually. Manure from 100,000 cows could produce enough natural gas to heat about 10,000 homes, said Jack Haffey, a former Montana Power Co. president who is now chief executive officer of Intrepid Technology and Resources.

His tiny Idaho Falls-based startup has invested about $12 million in projects at two Idaho dairies where Intrepid is now producing pipeline-quality natural gas. Still, the cash-strapped company has yet to begin deliveries to Intermountain Gas and has told investors it needs to find a strategic partner to stay afloat.

Haffey told The AP an incentive package like Kjellander's to accelerate construction of infrastructure would help, much the same as federal tax credits have boosted wind and geothermal energy projects across the country.

"At the right scale, thousands and thousands of homes could be heated with the clean natural gas we could produce," Haffey said. "Things like tax credits and other things to get us to a place where we can be financially viable would be helpful."

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Ford announces an all-electric Transit cargo van

Ford Electric Transit is an all electric cargo van for US and Canada, launching 2021, with 4G LTE hotspot, fleet telematics, GPS tracking, and driver assistance safety tech; battery, range, and performance specs TBD.

 

Key Points

An all electric cargo van with fleet telematics, 4G LTE, and driver assistance features for US and Canada.

✅ 4G LTE hotspot, live GPS tracking, and diagnostics

✅ Fleet telematics and management tools for operations

✅ Driver assistance: AEB, lane keeping, and collision warning

 

Ford is making an all-electric version of its popular Transit cargo van for the US and Canadian markets, slated to be released in 2021, aligning with Ford’s EV manufacturing plans to scale production across North America. The company did not share any specifics about the van’s battery pack size, estimated range, or performance characteristics. Ford previously announced an electric Transit for the European market in 2019.

The new cargo van will come equipped with a 4G LTE hotspot and will be outfitted with a number of tech features designed for fleet managers, like live GPS tracking and diagnostics, mirroring moves by Volvo’s electric trucks aimed at connected operations. The electric Transit van will also be equipped with a number of Ford’s safety and driver assistance features, like collision warning and assist, automatic emergency braking, pedestrian detection, and automatic lane-keeping.

Ford said it didn’t have any news to share about an electric version of its Transit passenger van “at this time,” even as the market reaches an EV inflection point for adoption.

Ford’s Transit van is the bestselling cargo van in the US, though it has seen increased competition over the last few years from Mercedes-Benz, which recently refreshed its popular Sprinter van, while others pursue electrified freight like Tesla’s electric truck plans that expand options.

Mercedes-Benz has already unveiled an electric version of the Sprinter, which comes in two configurations, targeting delivery networks where UPS’s Tesla Semi orders signal growing demand. There’s a version with a 55kWh battery pack that can travel 168 kilometers (104 miles) on a full charge, and has a payload capacity of 891 kilograms (1,964 pounds). Mercedes-Benz is making a version with a smaller 41kWh battery pack that goes 115 kilometers (72 miles), but which can carry up to 1,045 (2,304 pounds). Both versions come with 10.5 cubic meters (370.8 cubic feet) of storage space.

Mercedes-Benz also announced the EQV concept a year ago, which is an electric van aimed at slightly more everyday use, reflecting broader people-moving trends as electric bus adoption faces hurdles worldwide. The company touted more promising specs with the slightly smaller EQV, saying it will get around 249 miles out of a 100kWh battery pack. Oh, and it has 200 horsepower on offer and will be equipped with the company’s MBUX infotainment system.

Another player in the space is EV startup Rivian, which will build 100,000 electric delivery vans for Amazon over the next few years. Ford has invested $500 million in Rivian, and the startup is helping build a luxury electric SUV for the automotive giant’s Lincoln brand, though the two van projects don’t seem to be related, as Ford and others also boost gas-electric hybrid strategies in the US. Ford is also collaborating with Volkswagen on commercial vans after the two companies formed a global alliance early last year.

 

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U.A.E. Becomes First Arab Nation to Open a Nuclear Power Plant

UAE Nuclear Power Plant launches the Barakah facility, delivering clean electricity to the Middle East under IAEA safeguards amid Gulf tensions, proliferation risks, and debates over renewables, natural gas, grid resilience, and energy security.

 

Key Points

The UAE Nuclear Power Plant, Barakah, is a civilian facility expected to supply 25% of electricity under IAEA oversight.

✅ Barakah reactors target 25% of national electricity.

✅ Operates under IAEA oversight, no enrichment per US 123 deal.

✅ Raises regional security, proliferation, and environmental concerns.

 

The United Arab Emirates became the first Arab country to open a nuclear power plant on Saturday, following a crucial step in Abu Dhabi earlier in the project, raising concerns about the long-term consequences of introducing more nuclear programs to the Middle East.

Two other countries in the region — Israel and Iran — already have nuclear capabilities. Israel has an unacknowledged nuclear weapons arsenal and Iran has a controversial uranium enrichment program that it insists is solely for peaceful purposes.

The U.A.E., a tiny nation that has become a regional heavyweight and international business center, said it built the plant to decrease its reliance on the oil that has powered and enriched the country and its Gulf neighbors for decades. It said that once its four units were all running, the South Korean-designed plant would provide a quarter of the country’s electricity, with Unit 1 reaching 100% power as a milestone toward commercial operations.

Seeking to quiet fears that it was trying to build muscle to use against its regional rivals, it has insisted that it intends to use its nuclear program only for energy purposes.

But with Iran in a standoff with Western powers over its nuclear program, Israel in the neighborhood and tensions high among Gulf countries, some analysts view the new plant — and any that may follow — as a security and environmental headache. Other Arab countries, including Saudi Arabia and Iraq, are also starting or planning nuclear energy programs.

The Middle East is already riven with enmities that pit Saudi Arabia and the U.A.E. against Iran, Qatar and Iran’s regional proxies. One of those proxies, the Yemen-based Houthi rebel group, claimed an attack on the Barakah plant when it was under construction in 2017.

And Iran is widely believed to be behind a series of attacks on Saudi oil facilities and oil tankers passing through the Gulf over the last year.

“The UAE’s investment in these four nuclear reactors risks further destabilizing the volatile Gulf region, damaging the environment and raising the possibility of nuclear proliferation,” Paul Dorfman, a researcher at University College London’s Energy Institute, wrote in an op-ed in March.

Noting that the U.A.E. had other energy options, including “some of the best solar energy resources in the world,” he added that “the nature of Emirate interest in nuclear may lie hidden in plain sight — nuclear weapon proliferation.”
But the U.A.E. has said it considered natural gas and renewable energy sources before dismissing them in favor of nuclear energy because they would not produce enough for its needs.

Offering evidence that its intentions are peaceful, it points to its collaborations with the International Atomic Energy Agency, which has reviewed the Barakah project, and the United States, with which it signed a nuclear energy cooperation agreement in 2009 that allows it to receive nuclear materials and technical assistance from the United States while barring it from uranium enrichment and other possible bomb-development activities.

That has not persuaded Qatar, which last year lodged a complaint with the international nuclear watchdog group over the Barakah plant, calling it “a serious threat to the stability of the region and its environment.”

The U.A.E.’s oil exports account for about a quarter of its total gross domestic product. Despite its gusher of oil, it has imported increasing amounts of natural gas in recent years in part to power its energy-intensive desalination plants.

“We proudly witness the start of Barakah nuclear power plant operations, in alignment with the highest international safety standards,” Mohammed bin Zayed, the U.A.E.’s de facto ruler, tweeted on Saturday.

The new nuclear facility, which is in the Gharbiya region on the coast, close to Qatar and Saudi Arabia, is the first of several prospective Middle East nuclear plants, even as Europe reduces nuclear capacity elsewhere. Egypt plans to build a power plant with four nuclear reactors.

Saudi Arabia is also building a civilian nuclear reactor while pursuing a nuclear cooperation deal with the United States, and globally, China's nuclear program remains on a steady development track, though the Trump administration has said it would sign such an agreement only if it includes safeguards against weapons development.

 

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British Columbia Fuels Up for the Future with $900 Million Hydrogen Project

H2 Gateway Hydrogen Network accelerates clean energy in B.C., building electrolysis plants and hydrogen fueling stations for zero-emission vehicles, heavy-duty trucks, and long-haul transit, supporting decarbonization, green hydrogen supply, and infrastructure investment.

 

Key Points

A $900M B.C. initiative by HTEC to build electrolysis plants and 20 hydrogen fueling stations for zero-emission transport.

✅ $900M project with HTEC, CIB, and B.C. government

✅ 3 electrolysis plants plus byproduct liquefaction in North Vancouver

✅ Up to 20 stations; 14 for heavy-duty vehicles in B.C. and Alberta

 

British Columbia is taking a significant step towards a cleaner future with a brand new $900 million project. This initiative, spearheaded by hydrogen company HTEC and supported by the CIB in B.C. and the B.C. government, aims to establish a comprehensive hydrogen network across the province. This network will encompass both hydrogen production plants and fueling stations, marking a major leap in developing hydrogen infrastructure in B.C.

The project, dubbed "H2 Gateway," boasts several key components. At its core lies the construction of three brand new electrolysis hydrogen production plants. These facilities will be strategically located in Burnaby, Nanaimo, and Prince George, ensuring a wide distribution of hydrogen fuel. An additional facility in North Vancouver will focus on liquefying byproduct hydrogen, maximizing resource efficiency.

The most visible aspect of H2 Gateway will undoubtedly be the network of hydrogen fueling stations. The project envisions up to 20 stations spread across British Columbia and Alberta, complementing the province's Electric Highway build-out, with 18 being situated within B.C. itself. This extensive network will significantly enhance the accessibility of hydrogen fuel, making it a more viable option for motorists. Notably, 14 of these stations will be designed to handle heavy-duty vehicles, catering to the transportation sector's clean energy needs.

The economic and environmental benefits of H2 Gateway are undeniable. The project is expected to generate nearly 300 jobs, aligning with recent grid job creation efforts, providing a much-needed boost to the B.C. economy. More importantly, the widespread adoption of hydrogen fuel promises significant reductions in greenhouse gas emissions. Hydrogen-powered vehicles produce zero tailpipe emissions, making them a crucial tool in combating climate change.

British Columbia's investment in hydrogen infrastructure aligns with a global trend. As countries strive to achieve ambitious climate goals, hydrogen is increasingly viewed as a promising clean energy source. Hydrogen fuel cells offer several advantages over traditional electric vehicles, and while B.C. leads the country in going electric, they boast longer driving ranges and shorter refueling times, making them particularly attractive for long-distance travel and heavy-duty applications.

While H2 Gateway represents a significant step forward, challenges remain. The production of clean hydrogen, often achieved through electrolysis using renewable energy sources, faces power supply challenges and requires substantial initial investment. Additionally, the number of hydrogen-powered vehicles on the road is still relatively low.

However, projects like H2 Gateway are crucial in overcoming these hurdles. By creating a robust hydrogen infrastructure, B.C. is sending a strong signal to the industry and, alongside BC Hydro's EV charging expansion across southern B.C., is building a comprehensive clean transportation network. This investment will not only benefit the environment but also incentivize the development and adoption of hydrogen-powered vehicles. As the technology matures and production costs decrease, hydrogen fuel has the potential to revolutionize transportation and play a key role in a sustainable future.

The road ahead for hydrogen may not be entirely smooth, but British Columbia's commitment to H2 Gateway demonstrates a clear vision. By investing in clean energy infrastructure, the province is not only positioning itself as a leader in the fight against climate change, with Canada and B.C. investing in green energy solutions to accelerate progress, but also paving the way for a more sustainable transportation landscape.

 

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Ontario First Nations urge government to intervene in 'urgently needed' electricity line

East-West Transmission Project Ontario connects Thunder Bay to Wawa, facing OEB bidding, Hydro One vs NextBridge, First Nations consultation, environmental assessment, Pukaskwa National Park route, and reliability needs for Northwestern Ontario industry and communities.

 

Key Points

A 450 km Thunder Bay-Wawa power line proposal facing OEB bidding, Hydro One competition, and First Nations consultation.

✅ Competing bids: Hydro One vs NextBridge under OEB rules

✅ First Nations cite duty to consult and environmental review gaps

✅ Route debate: Pukaskwa Park vs bypass; jobs and reliability at stake

 

Leaders of six First Nations are urging the Ontario government to "clean up" the bureaucratic process that determines who will build an "urgently needed" high-capacity power transmission line to service northern Ontario.

The proposed 450 kilometre East-West Transmission Project is set to stretch from Thunder Bay to Wawa, providing much-needed electricity to northern Ontario. NextBridge Infrastructure, in partnership with Bamkushwada Limited Partnership (BLP) — an entity the First Nations created in order to become co-owners and active participants in the economic development of the line — have been the main proponents of the project since 2012 and were awarded the right to construct.

In 2018, Hydro One appealed to the previous Liberal government with a proposal to build the transmission line with lower maintenance costs. On Dec. 20, the Ontario Energy Board (OEB) issued a decision that said it will issue the contract to construct the project to the company with the lowest bid, even as a Manitoba Hydro line delay followed a board recommendation in a comparable case.

The transmission regime in Ontario allows competing bids at the beginning of a project to designate a transmitter, and then again at the end of the project to award leave to construct.

As a result, the Hydro One was permitted to submit a competing bid, five years after it was first proposed. The chiefs of the six First Nations say that will delay the project by two years, impede their land and violate their rights. The former Liberal government under which the project was initiated "left the door open" for competition to enter this late in the construction, according to the community leaders.

"The former government created this mess and Hydro One has taken advantage of this loophole," Fort William First Nation Chief Peter Collins said in a Queen's Park news conference on Thursday. "Hydro One is an interloper coming in at the last minute, trying taking over the project and all the hard work that has been done, without doing the work it needs to do."

 

Mess will explode, says chief

According to Collins, the Ontario Energy Board is likely to choose Hydro One's late submission in February, "causing this mess to explode." The electricity and distribution utility has not completed any of the legal requirements demanded by a project of this magnitude, Collins said, including extensive consultations with First Nations, such as oral traditional evidence hearings that inform regulators, and thorough environment assessments. He speculated that by ignoring these two things, even though in B.C. Ottawa did not oppose a Site C work halt pending a treaty rights challenge, Hydro One's bid will be the lowest cost.

"Hydro One's interference is a big problem," said Collins. He was flanked by the leaders of the Pic Mobert First Nation, Opwaaganasiniing (also known as the Red Rock Indian Band), Michipicoten, Biigtigong Nishnaabeg — or Pic River First Nation — and Pays Plat First Nation.

Collins also highlighted that Hydro One's proposed route for the transmission line will go through Pukaskwa National Park on which there are Aboriginal title claims, and noted that an opponent of the Site C dam has been sharing concerns with northerners, underscoring the need for meaningful engagement. NextBridge's proposal, Collins said, will go around the park.

If Hydro One is awarded the construction project, at risk, too, are as many as 1,000 job opportunities in northern Ontario (including the Ring of Fire) that are expected from NextBridge's proposal, as well as the "many millions" in contracting opportunities for the communities, Collins said.

"That companies such as Hydro One can do this and dissolve all that has been developed by NextBridge and our [partnership] and all the opportunities we have created will signal to ... everyone in Ontario that Ontario's not open for business, at least fair business," Collins said.

 

Ontario Energy Minister 'disappointed' by OEB's decision

In an email statement to National Observer, Energy Minister Greg Rickford's press secretary said the government acknowledged the concerns of the First Nations leaders, and is "disappointed that the OEB continues to stall on this important project."

"The East-West Tie project is a priority for Ontario because it is needed to provide a reliable and adequate supply of electricity to northwestern Ontario to support economic growth," she wrote.

In October, Rickford wrote to the OEB outlining his expectation that a prompt decision would be made through an efficient and fair process.

Despite the minister’s request, the OEB delayed a decision on this project in December — as in B.C., a utilities watchdog has pressed for answers on Site C dam stability — pushing the service date back to at least 2021. In 2017, NextBridge said that, pending OEB approval, it would start construction in 2018, with completion scheduled for 2020.

Without the transmission line, the community faces a higher likelihood of power outages and less reliable electricity overall.

"Our government takes the duty to consult seriously and it is committed to ensuring that all Indigenous communities are properly consulted and kept informed regardless of the result of the OEB process," Rickford's office's statement said.

In a letter sent to Premier Doug Ford, Rickford and to Environment Minister Rod Phillips, all members of the Bamkushwada Limited Partnership said they will be compelled to appeal the OEB's decision if the right to construct is given to Hydro One.

The entire situation, they wrote in their letter, is "an undeniable mess" that requires government intervention.

"If the Ontario government can correct this looming outcome, it is incumbent on the Ontario government to do so," they wrote, urging the government to "take all legal means to prevent the OEB from rendering an unconstitutional and unjust decision."

"Our First Nations and the north have waited five long years for this transmission project," Collins said. "Enough is enough."

 

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Alberta's Rising Electricity Prices

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

 

Key Points

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

✅ Caps or hedges shield bills from wholesale price spikes

✅ Expand fixed-rate options and enrollment nudges

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

 

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

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

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

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

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

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

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

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

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

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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