Jordan makes effort to maintain peaceful nuclear ambition

By Xinhua News Agency


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Jordan, an energy-poor country, has made great efforts to live up to its peaceful nuclear ambition in the year of 2008.

Unlike its oil-rich neighbors, Jordan faces grave energy challenges as it lacks conventional energy resources, with scarcity of water.

Currently, about 96 percent of the country's energy needs were met by imports from neighboring states, mainly Saudi Arabia and Egypt, at a cost of some 20 percent of its gross domestic products.

In a drive to reduce the country's dependence on imported hydrocarbons, the government mapped out a nuclear energy program last year, under which Jordan will have its first nuclear reactor up and running by 2016, with more to be built in the years leading up to 2030.

By that time, 30 percent of the kingdom's electricity needs will be met by nuclear power stations, with excess production to be made available for export, according to the strategy.

In order to seek international help on pumping nuclear energy, Jordan has managed to win supports from the UN nuclear watch dog International Atomic Energy Agency (IAEA), the United States and the European Union among others, while inking a series of cooperation deals with countries like France, Canada, Britain, China and South Korea.

Jordan entered into a memorandum of understanding (MoU) with France at the end of May, which was followed by a comprehensive cooperation agreement in late August, under which France promised to help Jordan build water desalination plants to generate electricity in exchange for uranium mining rights in the kingdom.

In a parallel deal with French nuclear giant Areva, a joint venture is established to exploit uranium in the kingdom, with exclusive right in the central Jordan.

The agreement with Areva covers not just mining but all aspects of cooperation in the field of peaceful nuclear energy, said Khalid Toukan, who heads the Jordan Atomic Energy Commission and steers the kingdom's nuclear energy plan.

On June 28, Jordan signed a MoU with Canada's Atomic Energy of Canada Limited (AECL) and SNC-Lavalin International, one of the world's largest engineering and construction firms.

According to Toukan, the MoU with Canada aims to help Jordan assess the feasibility of the introduction of a Canada Deuterium Uranium (CANDU) nuclear power program, which includes engineering and economic studies along with assessments on infrastructure development, site selection, fuel fabrication facilities, technology transfer, manpower training and the potential use of indigenous uranium resources in the program.

The MoU with Canada is traced by a similar one with Britain. Under the preliminary deal, Britain and Jordan will jointly promote "the establishment of a reliable source of nuclear fuel for future civilian light water nuclear reactors" in the kingdom.

Cooperation between the two sides also covers developing human resources and nuclear safety, as well as generating power and desalinating water through nuclear energy, Toukan said.

Jordan also entered into an agreement with China on nuclear cooperation on Aug. 20, under which the two sides will conduct cooperation in areas such as basic and applied researches, nuclear plant designing, mineral exploration, processing, and mining uranium.

South Korea is also keen to provide nuclear expertise to Jordan. The two sides signed a draft deal on nuclear cooperation in late October.

Among collaborations with international partners, the cooperation with France seems to have swung into full gear as Jordan intends to buy a nuclear reactor from France.

In addition, the French giant Areva was expected to start uranium drilling in central Jordan in November to identify the locations of crude uranium, Toukan said in October.

Following a feasibility study after exploring, work will begin to usher in a uranium mine with actual production expected to start in 2012 at an annual rate of 2,000 tons, he added.

On Nov. 2, Jordan's Prime Minister Nader Dahabi and visiting Areva CEO Anne Lauvergeon discussed plans to join hands to build a nuclear plant, with a timetable mentioned.

The talks also covered Areva's key role in helping Jordan raise sufficient funds for construction and operation of the nuclear power facility.

Though Jordan is deprived of conventional energy resources, it has relatively rich uranium deposits. Official estimates put the kingdom's proven uranium and phosphate reserves to around 2 percent of the world's total, which is enough to fuel Jordan's nuclear ambition.

Official data on specific quantity of reserves fluctuates sometimes since much is still unexplored, but Toukan revealed at a symposium in Yarmok University in October that only central Jordan has been somewhat explored with estimated uranium reserve between 37,500 tons to 70,000 tons.

Deposits in the area are mainly on the surface with average thickness of 1.5 meter with overburden of around 0.5 meter, which is easy to mine as bearing material is fine grained and brittle, he added.

On uranium in phosphates, he put the deposits at between 100,000 and 140,000 tons.

Wali Kurdi, Chairman and CEO of the Jordan Phosphate Mines Company said earlier in the year that the Jordanian phosphate used in manufacturing phosphoric acid contains about 50 to 100 parts per million (ppm) of uranium that can be extracted via modern technological methods.

According to Jordan's energy strategy, unveiled last May, the country's electricity demand by 2020 may reach about 5,770 mw from2,100 mw in 2007, while primary energy needs could jump to 15 million tons of oil from 7.6 million tons.

This poses heavy strains on the kingdom's economy and security, making development of secure alternative energy supplies such as nuclear energy become a top priority for the government.

However, key to the success of Jordan's nuclear energy program is to ensure that the country has the technical expertise to manage a nuclear future.

In efforts to build up nuclear manpower, Jordan's University of Science and Technology has established a nuclear engineering department with first graduates expected to hold bachelor of science degrees in 2011, according to the department chairman Ned Xoubi.

Meanwhile, Jordan also has an active training program with IAEA in nuclear safety, security and safeguards.

The Jordanian University (JU), Yarmouk University (YU) and Al-Balqa Applied University (BAU) have started master of science programs in nuclear physics and medical physics.

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Chinese-built electricity poles plant inaugurated in South Sudan

Juba Power Distribution Expansion accelerates grid rehabilitation in South Sudan, adding concrete poles, medium and low voltage networks, and LED street lighting, funded by AfDB and executed by Power China for reliable, affordable electricity.

 

Key Points

A project to upgrade Juba's grid with concrete poles, MV-LV networks, and LED lighting for reliable, affordable power.

✅ 13,350 concrete poles produced locally for network rollout

✅ Medium and low voltage network rehabilitation and expansion

✅ LED street lighting and customer care improvements funded by AfDB

 

The South Sudan government has launched a factory producing concrete poles that will facilitate an ambitious project done by a Chinese company to rehabilitate and expand the Power Distribution System in Juba, its capital.

The Minister of Dams and Electricity, Dhieu Mathok, said that the factory, rented by Power China, will produce some 13,350 poles for the electricity distribution in the capital and other states.

"The main objective of this project is to increase the supply capacity and reliability of the power distribution system in Juba. Access to the grid will replace the use of generators by the population, allow supply of energy at more affordable price and, hence contribute toward economic growth and poverty eradication in South Sudan," Mathok said during the inauguration of the plant along the Yei road in Juba.

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He disclosed that it will help solve the problem associated with non-availability of concrete poles for the project and to mitigate the risk of importing poles from other countries.

"This factory will create positive impact on the construction of the national grid in South Sudan. It is owned by South Sudanese business people but currently it has been taken over by Power China for a brief period of one year," he said.

South Sudan is largely generator driven economy with continued electricity blackout, and across the continent initiatives like Cape Town's municipal power build-out illustrate alternative approaches, in the wake of the collapse of the generator power plant operated by the South Sudan Electricity Corporation (SSEC) in 2013.

Wang Cun, an official with Power China said they got the contract to build the electricity project in June 2016 and that they will continue to support South Sudanese staff with skills and knowledge, drawing on advances such as PEM green hydrogen R&D that point to future low-carbon options, and also work with the government on several major power projects.

"We have achieved much from these projects and we also suffered much from the instability and continuous conflicts all these years, but we confirm and believe the year of 2018 will be a year of peace and development in South Sudan," Wang said, adding that the company has been operating in South Sudan since 2009.

He disclosed that Power China has conducted several projects before South Sudan won independence from Sudan in 2011 such as the peace road project from Renk to Malakal, Maridi water plant and Malakal municipal road projects.

Wang said they will immediately reorganize all necessary resources to increase post-production capacity and immediately shall commence the erection of these poles to all corners of Juba city and start the distribution.

"We shall do as we did before to recruit more local technicians, engineers and laborers during the construction period, so that they are there in place for similar projects in the near future. We shall make more efforts to improve these local staffs' working environment and to realize sustainable development of Power China and Sino-hydro in South Sudan," said Wang.

Power China has been committing itself in the economic development of South Sudan and has signed eight commercial contracts with the government of South Sudan since independence like the Juba-hydro power project and the Tharjiath thermal power plant project, while in China projects such as the Lawa hydropower station demonstrate ongoing hydropower expertise that can inform regional work.

Liu Xiaodong, the Charge d'Affaires at the Chinese embassy in South Sudan, said Power China has been working very hard in the engineering and procurement in the earlier stage of the project, and as China expands energy ties such as nuclear cooperation with Cambodia that demonstrate broader engagement, also thanked the South Sudan government and the African Development Bank for their strong support.

Liu added upon completion Juba will have an upgraded power distribution system with 2,250 lighting points along the main roads in the capital and lamps will be LED ones.

The project falls under the Juba Power Distribution System Rehabilitation and Expansion Project, which was funded by the African Development Bank (AfDB) and has undertaken an AfDB review of a Senegal power plant to inform regional energy decisions.

It comprises of five different lots like Rehabilitation of Diesel plant substation, Rehabilitation and Expansion of medium voltage network, low voltage network, and Rehabilitation and Expansion of street lighting and improvement of customer care.

 

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Latvia eyes electricity from Belarus nuclear plant

Latvia Astravets electricity imports weigh AST purchases from the Belarusian nuclear plant, impacting the Baltic grid, Lithuania market, energy security, and cross-border trading as Latvia seeks to mitigate supply risks and stabilize power flows.

 

Key Points

Proposed AST purchases of power from Belarus's Astravets plant to bolster Baltic grid supply via Lithuania.

✅ AST evaluates imports to mitigate supply risk

✅ Energy could enter Lithuania via existing trading route

✅ Debate centers on nuclear safety and Baltic grid impacts

 

Latvia’s electricity transmission system operator, AST, is looking at the possibility of purchasing electricity from the soon-to-be completed Belarusian nuclear power plant in Astravets, at a time when Ukraine's electricity exports have resumed in the region, long criticised by the Lithuanian government, Belsat TV has reported.

According to the Latvian media, the Latvian government is seeking to mitigate the risk of a possible drop in electricity supplies amid price spikes in Ireland highlighting dispatchable power concerns, given that energy trading between the Baltic states and third parties is currently carried out only through the Belarusian-Lithuanian border, including Latvian imports from Lithuania.

If AST starts importing electricity from the Belarusian plant to Latvia, in a pattern similar to Georgia's electricity imports during peak demand, the energy is expected to enter the Lithuanian market as well.

Such cross-border flows also mirror responses to Central Asia's electricity shortages seen recently.

The Lithuanian government has repeatedly criticised the nuclear power over national security and environmental safety concerns, as well as a number of emergencies that took place during construction, particularly as Europe is losing nuclear power and confronting energy security challenges.

Debates over infrastructure and safety have also intensified by projects like power lines to reactivate Zaporizhzhia in Ukraine.

The first Astravets reactor, which is being built close to the Lithuanian border in the Hrodno region, is expected to be operational by the end of 2019, a year that saw Belgium's nuclear exports rise across Europe.

 

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California Gets $500M to Upgrade Power Grid

California Grid Modernization Funding will upgrade transmission and distribution, boost grid resilience, enable renewable energy integration, expand energy storage, and deploy smart grid controls statewide with over $500 million in federal infrastructure investment.

 

Key Points

Federal support to harden California's grid, integrate renewables, add storage, and deploy smart upgrades for reliability.

✅ Strengthens transmission and distribution for wildfire and heat resilience

✅ Integrates solar and wind with storage and advanced grid controls

✅ Deploys smart meters, DER management, and modern cybersecurity

 

California has recently been awarded over $500 million in federal funds to significantly improve and modernize its power grid. This substantial investment marks a pivotal step in addressing the state’s ongoing energy challenges, enhancing grid resilience, and supporting its ambitious climate goals. The funding, announced by federal and state officials, is set to bolster California’s efforts to upgrade its electrical infrastructure, integrate renewable energy sources, and ensure a more reliable and sustainable energy system for its residents.

California's power grid has faced numerous challenges in recent years, including extreme weather events, high energy demand, and an increasing reliance on renewable energy sources. The state's electrical infrastructure has struggled to keep pace with these demands, leading to concerns about reliability, efficiency, and the capacity to handle new energy technologies. The recent federal funding is a critical component of a broader strategy to address these issues and prepare the grid for future demands.

The $500 million in federal funds is part of a larger initiative to support energy infrastructure projects across the United States, including a Washington state grant that strengthens regional infrastructure. The investment aims to modernize aging grid systems, improve energy efficiency, and enhance the integration of renewable energy sources. For California, this funding represents a significant opportunity to address several key areas of concern in its power grid.

One of the primary objectives of the funding is to enhance the resilience of the power grid. California has experienced a series of extreme weather events, including wildfires and heatwaves, driven in part by climate change impacts across the U.S., which have put considerable strain on the electrical infrastructure. The new investment will support projects designed to strengthen the grid’s ability to withstand and recover from these events. This includes upgrading infrastructure to make it more robust and less susceptible to damage from natural disasters.

Another key focus of the funding is the integration of renewable energy sources. California is a leader in the adoption of solar and wind energy, and the state has set ambitious goals for increasing its use of clean energy. However, integrating these variable energy sources into the grid presents technical challenges, including ensuring a stable and reliable power supply. The federal funds will be used to develop and deploy advanced technologies that can better manage and store renewable energy, such as battery storage systems, improving the overall efficiency and effectiveness of the grid.

In addition to resilience and renewable integration, the funding will also support efforts to modernize grid infrastructure. This includes upgrading transmission and distribution systems, implementing smarter electricity infrastructure and smart grid technologies, and enhancing grid management and control systems. These improvements are essential for creating a more flexible and responsive power grid that can meet the evolving needs of California’s energy landscape.

The investment in grid modernization also aligns with California’s broader climate goals. The state has set targets to reduce greenhouse gas emissions and increase the use of clean energy sources as it navigates keeping the lights on during its energy transition. By improving the power grid and supporting the integration of renewable energy, California is making progress toward achieving these goals while also creating jobs and stimulating economic growth.

The allocation of federal funds comes at a crucial time for California. The state has faced significant challenges in recent years, including power outages, energy reliability issues, and increasing energy costs that make repairing California's grid especially complex today. The new funding is expected to address many of these concerns by supporting critical infrastructure improvements and ensuring that the state’s power grid can meet current and future demands.

Federal and state officials have expressed strong support for the funding and its potential impact. The investment is seen as a major step forward in creating a more resilient and sustainable energy system for California. It is also expected to serve as a model for other states facing similar challenges in modernizing their power grids and integrating renewable energy sources.

The federal funding is part of a broader push to address infrastructure needs across the country. The Biden administration has prioritized investment in energy infrastructure, including a $34 million DOE initiative supporting grid improvements, as part of its broader agenda to combat climate change and build a more sustainable economy. The funding for California’s power grid is a reflection of this commitment and an example of how federal resources can support state and local efforts to improve infrastructure and address pressing energy challenges.

In summary, California’s receipt of over $500 million in federal funds represents a significant investment in the state’s power grid. The funding will support efforts to enhance grid resilience, integrate renewable energy sources, and modernize infrastructure. As California continues to face challenges related to extreme weather, energy reliability, and climate goals, this investment will play a crucial role in building a more reliable, efficient, and sustainable energy system. The initiative also highlights the importance of federal support in addressing infrastructure needs and advancing environmental and economic goals.

 

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Australia stuck in the middle of the US and China as tensions rise

Manus Island Naval Base strengthens US-Australia-PNG cooperation at Lombrum, near the South China Sea, bolstering sovereignty, maritime rights, and Pacific security amid APEC talks, infrastructure investment, and Belt and Road competition.

 

Key Points

A US-Australia-PNG facility at Lombrum to bolster Pacific security and protect maritime rights across the region.

✅ Shared by US, Australia, and PNG at Lombrum on Manus Island

✅ Near South China Sea, reinforcing maritime security and access

✅ Counters opaque lending, aligns with free trade and infrastructure

 

Scott Morrison has caught himself bang in the middle of escalating tensions between the United States and China.

The US and Australia will share a naval base in the north end of Papua New Guinea on Manus Island, creating another key staging point close to the contested South China Sea.

“The United States will partner with Papua New Guinea and Australia on their joint initiative at Lombrum Naval Base,” US Vice President Mike Pence said.

“We will work with these two nations to protect sovereignty and maritime rights in the Pacific Islands. ”

At an Asia Pacific Economic Cooperation meeting in Port Moresby on Saturday, Mr Morrison urged nations to embrace free trade and avoid “unsustainable debt”, as the Philippines' clean energy commitment also featured in discussions.

He confirmed the US and Australia will share an expanded naval base on Manus Island, as the US ramped up rhetoric against China.

Mr Pence quoted President Donald Trump in his speech following Chinese President Xi Jinping, even as a Biden energy agenda is seen by some as better for Canada.

“We have great respect for President Xi and respect for China. But in the president’s words, China’s taken advantage of the United States for many, many years,” he said.

“And those days are over.”

His speech was met with stony silence from the Chinese delegation, after President Xi had reassured leaders his Belt and Road Initiative was not a debt trap.

China has also been at loggerheads with the United States over its territorial ambitions in the Pacific, encapsulated by Xi’s Belt and Road Initiative.

Unveiled in 2013, the Belt and Road initiative aims to bolster a sprawling network of land and sea links with Southeast Asia, Central Asia, the Middle East, Europe and Africa.

China’s efforts to win friends in the resource-rich Pacific have been watched warily by the traditionally influential powers in the region — Australia and the United States.

“It is not designed to serve any hidden geopolitical agenda,” President Xi said on Saturday.

“Nor is it a trap, as some people have labelled it.”

But Mr Pence said loans to developing countries were too often opaque and encouraged nations to look to the US instead of China.

“Too often they come with strings attached and lead to staggering debt,” he said in his speech.

“Do not accept foreign debt that could compromise your sovereignty.

“Just like America, always put your country first.”

Mr Morrison committed Australia to look to the Pacific nations and on Sunday he will host an informal BBQ with Pacific leaders, amid domestic moves like Western Australia's electricity bill credit for households.

He also announced a joint partnership with Japan and the US to fund infrastructure around the region, while at home debates over an electricity market overhaul continue.

On the back of Mr Morrison’s defence of free trade at the summit, Australian Trade Minister Simon Birmingham said he was confident the US was interested in an open trading environment in the long run, with parallel discussions such as a U.S.-Canada energy partnership underscoring regional economic ties.

Australia is hoping the US will, in the end, take a similar approach to its trade dispute with China as it did with its tariff threats against Mexico and Canada, as cross-border negotiations like the Columbia River Treaty continue to shape U.S.-Canada ties.

“Ultimately, they laid down arms, they walked away from threats, and they struck a new trade deal that ensures trade continues in that North American bloc,” Mr Birmingham told ABC TV on Sunday.

“We hope the same will happen in relation to China.”

Four countries including the US have signed up to an effort to bring electricity to 70 per cent of Papua New Guinea’s people by 2030.

Australia, Japan, the US and New Zealand on Sunday signed an agreement to work with Papua New Guinea’s government on electrification.

It’s the latest sign of great power rivalry in the South Pacific, where China is vying with the US and its allies for influence.

 

 

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$1.6 Billion Battery Plant Charges Niagara Region for Electric Vehicle Future

Ontario EV Battery Separator Plant anchors Canada's EV supply chain, with Asahi Kasei producing lithium-ion battery separators in Niagara Region to support Honda's Alliston assembly, clean transportation growth, and sustainable manufacturing jobs.

 

Key Points

Asahi Kasei's Niagara Region plant makes lithium-ion battery separators supplying Honda's EV factory in Ontario.

✅ Starts up by 2027 to align with Honda EV output timeline.

✅ Backed by clean tech tax credits and public investment.

✅ Boosts local jobs, R&D, and clean transportation leadership.

 

The automotive industry is undergoing a seismic shift, and Canada is firmly planting its flag in the electric vehicle (EV) revolution, propelled by recent EV assembly deals across the country. A new $1.6 billion battery component plant in Ontario's Niagara Region signifies a significant step towards a cleaner, more sustainable transportation future. This Asahi Kasei facility, a key player in Honda's $15 billion electric vehicle supply chain investment, promises to create jobs, boost the local economy, and solidify Ontario's position as a leader in clean transportation technology.

Honda's ambitious project forms part of Honda's Ontario EV investment that involves constructing a dedicated battery plant adjacent to their existing Alliston, Ontario assembly facility. This new plant will focus on producing fully electric vehicles, requiring a robust supply chain for critical components. Asahi Kasei's Niagara Region plant enters the picture here, specializing in the production of battery separators – a thin film crucial for separating the positive and negative electrodes within a lithium-ion battery. These separators play a vital role in ensuring the battery functions safely and efficiently.

The Niagara Region plant is expected to be operational by 2 027, perfectly aligning with Honda's EV production timeline. This strategic partnership benefits both companies: Honda secures a reliable source for a vital component, while Asahi Kasei capitalizes on the burgeoning demand for EV parts. The project is a catalyst for economic growth in Ontario, creating jobs in construction and manufacturing, supporting an EV jobs boom province-wide, and potentially future research and development sectors. Additionally, it positions the province as a hub for clean transportation technology, attracting further investment and fostering innovation.

This announcement isn't an isolated event. News of Volkswagen constructing a separate EV battery plant in St. Thomas, Ontario, and the continuation of a major EV battery project near Montreal further underscore Canada's commitment to electric vehicles. These developments signify a clear shift in the country's automotive landscape, with a focus on sustainable solutions.

Government support has undoubtedly played a crucial role in attracting these investments. The Honda deal involves up to $5 billion in public funds. Asahi Kasei's Niagara Region plant is also expected to benefit from federal and provincial clean technology tax credits. This demonstrates a collaborative effort between government and industry, including investments by Canada and Quebec in battery assembly, to foster a thriving EV ecosystem in Canada.

The economic and environmental benefits of this project are undeniable. Battery production is expected to create thousands of jobs, while the shift towards electric vehicles will lead to reduced emissions and a cleaner environment. Ontario stands to gain significantly from this transition, becoming a leader in clean energy technology and attracting skilled workers and businesses catering to the EV sector, especially as the U.S. auto pivot to EVs accelerates across the border.

However, challenges remain. Concerns about the environmental impact of battery production, particularly the sourcing of raw materials and the potential for hazardous waste, need to be addressed. Additionally, ensuring a skilled workforce capable of handling the complexities of EV technology is paramount.

Despite these challenges, the future of electric vehicles in Canada appears bright. Major automakers are making significant investments, government support is growing, and consumer interest in EVs is on the rise. The Niagara Region plant serves as a tangible symbol of Canada's commitment to a cleaner and more sustainable transportation future. With careful planning and continued Canada-U.S. collaboration across the sector, this project has the potential to revolutionize the Canadian automotive industry and pave the way for a greener tomorrow.

 

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

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

 

Key Points

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

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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