Transmission towers being removed in Chula Vista

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.”

Related News

• Electricity Forum News

• Energy Policy News

Yukon Electricity Demand Record underscores peak load growth as winter cold snaps drive heating, lighting, and EV charging, blending hydro, LNG, and diesel with renewable energy and planned grid-scale battery storage in Whitehorse.

Key Points

It is the territory's new peak electricity load, reflecting winter demand, electric heating, EVs, and mixed generation.

✅ New peak: 104.42 MW, surpassing 2020 record of 103.84 MW

✅ Winter peaks met with hydro, LNG, diesel, and renewables mix

✅ Customers urged to shift use off peak hours and use timers

A new record for electricity demand has been set in Yukon. The territory recorded a peak of 104.42 megawatts, according to a news release from Yukon Energy.

The new record is about a half a megawatt higher than the previous record of 103.84 megawatts recorded on Jan. 14, 2020.

While in general, over 90 per cent of the electricity generated in Yukon comes from renewable resources each year, with initiatives such as new wind turbines expanding capacity, during periods of high electricity use each winter, Yukon Energy has to use its hydro, liquefied natural gas and diesel resources to generate the electricity, the release says.

But when it comes to setting records, Andrew Hall, CEO of Yukon Energy, says it's not that unusual.

"Typically, during the winter, when the weather is cold, demand for electricity in the Yukon reaches its maximum. And that's because folks use more electricity for heating their homes, for cooking meals, there's more lighting demand, because the days are shorter," he said.

"It usually happens either in December or sometimes in January, when we get a cold snap."

He said generally over the years, electricity demand has grown.

"We get new home construction, construction of new apartment buildings. And typically, those new homes are all heated by electricity, maybe not all of them but the majority," Hall said.

Vuntut Gwitchin First Nation's solar farm now generating electricity
In taking action on climate, this Arctic community wants to be a beacon to the world

Efforts to curb climate change add to electricity demand
There are also other reasons, ones that are "in the name of climate change," Hall added.

That includes people trying to limit fossil fuel heating by swapping to electric heating. And, he said some Yukoners are switching to electric vehicles as incentives expand across the North.

"Over time, those two new demands, in the name of climate change, will also contribute to growing demand for electricity," he said.

While Yukon did reach this new all time high, Hall said the territory still hadn't hit the maximum capacity for the week, which was 118 megawatts, and discussions about a potential connection to the B.C. grid are part of long-term planning.

Yukon Energy's hydroelectric dam in Whitehorse. Yukon Energy's CEO, Andrew Hall, said demand of 104 megawatts wasn't unexpected, nor was it an emergency. The corporation has the ability to generate 118 megawatts. (Paul Tukker/CBC)
Tips to curve demand
"When we plan our system, we actually plan for a scenario, guided by the view that sustainability is key to the grid's future, where we actually lose our largest hydro generating facility," Hall said.

"We had plenty of generation available so it wasn't an emergency situation, and, even as other provinces face electricity shortages, it was more just an observation that hey, our peaks are growing."

He also said it was an opportunity to reach out to customers on ways to curve their demand for electricity around peak times, drawing on energy efficiency insights from other provinces, which is typically between 7 a.m. and 9 a.m., and between 5 p.m. and 7 p.m., Monday to Friday.

For example, he said, people should consider running major appliances, like dishwashers, during non-peak hours, such as in the afternoon rather than in the morning or evening.

During winter peaks, people can also use a block heater timer on vehicles and turn down the thermostat by one or two degrees.

'We plan for each winter'
Hall said Yukon Energy is working to increase its peak output, including working on a large grid scale battery to be installed in Whitehorse, similar to Ontario's energy storage push now underway. 

When it comes to any added load from people working from home due to COVID-19, Hall said they haven't noticed any identifiable increase there.

"Presumably, if someone's working from home, you know, their computer is at home, and they're not using the computer at the office," he said.

Yukon Energy one step closer to having largest battery storage site in the North
He said there shouldn't be any concern for maxing out the capacity of electricity demand as Yukon moves into the colder winter months, since those days are forecast for.

"This number of 104 megawatts wasn't unexpected," he said, adding how much electricity is needed depends on the weather too.

"We plan for each winter."

Related News

• Electricity Forum News

• Power Generation News

BC Hydro Rate Freeze Rejection details the BCUC decision enabling a 3% rate increase, citing revenue requirements, debt, and capital costs, affecting electricity bills, with NDP government proposing lifeline rates and low-income relief.

Key Points

It is the BCUC ruling allowing a 3% BC Hydro rate hike, citing cost recovery, debt, and capital needs.

✅ BCUC rejects freeze; 3% increase proceeds April 1, 2018

✅ Rationale: cost recovery, debt, capital expenditures

✅ Relief: lifeline rate, $600 grants, winter payment plan

The B.C. Utilities Commission has rejected a request by the provincial government to freeze rates at BC Hydro for the coming year, meaning a pending rate increase of three percent will come into effect as higher BC Hydro rates on April 1, 2018.

BC Hydro had asked for the three per cent increase, aligning with a rate increase proposal that would add about $2 a month, but, last year, Energy Minister Michelle Mungall directed the Crown corporation to resubmit its request in order to meet an NDP election promise.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," she said at the time.

However, the utilities commission found there was "insufficient regulatory justification to approve the zero per cent rate increase."

"Even these increases do not fully recover B.C. Hydro's forecast revenue requirement, which includes items such as operating costs, new capital expenditures and carrying costs on capital expenditures," the commission wrote in a news release.

Mungall said she was disappointed by the decision.

"We were always clear we were going to the BCUC. We need to respect the role the BCUC has here for the ratepayers and for the public. I'm very disappointed obviously with their decision."

Mungall blamed the previous government for leaving BC Hydro in a financial state where a rate freeze was ultimately not possible.

Last month, Moody's Investors Service calculated BC Hydro's total debt at $22 billion and said it was one of the province's two credit challenges going forward.

"There's quite a financial mess that is a B.C. Liberal legacy after 16 years of government. We have the responsibility as a new government to clean that up."

B.C. Liberal leader Andrew Wilkinson said it was an example of the new government not living up to its campaign promises.

"British Columbians, particularly those on fixed incomes, believed the B.C. NDP when they promised a freeze on hydro bills. They planned accordingly and are now left in the lurch and face higher expenses. This is a government that stumbles into messes that cost all of us because they put rhetoric ahead of planning," he said.

Help on the way?

With the freeze being rejected, Mungall said the government would be going forward on other initiatives to help low-income ratepayers, as advocates' call for change after a fund surplus, including:

Legislating a "lifeline rate" program, allowing people with "demonstrated need" to apply for a lower rate for electricity.

Starting in May, providing an emergency grant of $600 for customers who have an outstanding BC Hydro bill.

Hydro's annual winter payment plan also allows people the chance to spread the payment of bills from December to February out over six months, and, with a two-year rate increase on the horizon, a new pilot program to help people paying their bills begins in July.

Mungall couldn't say whether the government would apply for rate freezes in the future.

"I don't have a crystal ball, and can't predict what might happen in two or three years from now, but we need to act swiftly now," she said.

"I appreciate the [BCUC's] rationale, I understand it, and we'll be moving forward with other alternatives for making life more affordable."

Related News

• Electricity Forum News

• Energy Policy News

European Grid Frequency Clock Slowdown has made appliance clocks run minutes behind as AC frequency drifts on the 50 Hz electricity grid, driven by a Kosovo-Serbia billing dispute and ENTSO-E monitored supply-demand imbalance.

Key Points

An EU-wide timing error where 50 Hz AC deviations slow appliance clocks due to Kosovo-Serbia grid imbalances.

✅ Clocks drifted up to six minutes across interconnected Europe

✅ Cause: unpaid power in N. Kosovo, contested by Serbia

✅ ENTSO-E reported 50 Hz deviations from supply-demand mismatch

Over the past couple of months, Europeans have noticed time slipping away from them. It’s not just their imaginations: all across the continent, clocks built into home appliances like ovens, microwaves, and coffee makers have been running up to six minutes slow. The unlikely cause? A dispute between Kosovo and Serbia over who pays the electricity bill.

To make sense of all this, you need to know that the clocks in many household devices use the frequency of electricity to keep time. Electric power is delivered to our homes in the form of an alternating current, where the direction of the flow of electricity switches back and forth many times a second. (How this system came to be established is complex, but the advantage is that it allows electricity to be transmitted efficiently.) In Europe, this frequency is 50 Hertz — meaning a current alternating of 50 times a second. In America, it’s 60 Hz, and during peak summer demand utilities often prepare for blackouts as heat drives loads higher.

Since the 1930s, manufacturers have taken advantage of this feature to keep time. Each clock needs a metronome — something with a consistent rhythm that helps space out each second — and an alternating current provides one, saving the cost of extra components. Customers simply set the time on their oven or microwave once, and the frequency keeps it precise.

At least, that’s the theory. But because this timekeeping method is reliant on electrical frequency, when the frequency changes, so do the clocks. That is what has been happening in Europe.

The news was announced this week by ENTSO-E, the agency that oversees the single, huge electricity grid connecting 25 European countries and which recently synchronized with Ukraine to bolster regional resilience. It said that variations in the frequency of the AC caused by imbalances between supply and demand on the grid have been messing with the clocks. The imbalance is itself caused by a political argument between Serbia and Kosovo. “This is a very sensitive dispute that materializes in the energy issues,” Susanne Nies, a spokesperson for ENTSO-E, told The Verge.

Essentially, after Kosovo declared independence from Serbia in 2008, there were long negotiations over custody of utilities like telecoms and electricity infrastructure. As part of the ongoing agreements (Serbia still does not recognize Kosovo as a sovereign state), four Serb-majority districts in the north of Kosovo stopped paying for electricity. Kosovo initially covered this by charging the rest of the country more, but last December, it decided it had had enough and stopped paying. This led to an imbalance: the Kosovan districts were still using electricity, but no one was paying to put it on the grid.

This might sound weird, but it’s because electricity grids work on a system of supply and demand, where surging consumption has even triggered a Nordic grid blockade in response to constrained flows. As Stewart Larque of the UK’s National Grid explains, you want to keep the same amount of electricity going onto the grid from power stations as the amount being taken off by homes and businesses. “Think of it like driving a car up a hill at a constant speed,” Larque told The Verge. “You need to carefully balance acceleration with gravity.” (The UK itself has not been affected by these variations because it runs its own grid.)

“THEY ARE FREE-RIDING ON THE SYSTEM.”

This balancing act is hugely complex and requires constant monitoring of supply and demand and communication between electricity companies across Europe, and growing cyber risks have spurred a renewed focus on protecting the U.S. power grid among operators worldwide. The dispute between Kosovo and Serbia, though, has put this system out of whack, as the two governments have been refusing to acknowledge what the other is doing.

“The Serbians [in Kosovo] have, according to our sources, not been paying for their electricity. So they are free-riding on the system,” says Nies.

The dispute came to a temporary resolution on Tuesday, when the Kosovan government stepped up to the plate and agreed to pay a fee of €1 million for the electricity used by the Serb-majority municipalities. “It is a temporary decision but as such saves our network functionality,” said Kosovo’s prime minister Ramush Haradinaj. In the longer term, though, a new agreement will need to be reached.

There have been rumors that the increase in demand from northern Kosovo was caused by cryptocurrency miners moving into the area to take advantage of the free electricity. But according to ENTSO-E, this is not the case. “It is absolutely unrelated to cryptocurrency,” Nies told The Verge. “There’s a lot of speculation about this, and it’s absolutely unrelated.” Representatives of Serbia’s power operator, EMS, refused to answer questions on this.

For now, “Kosovo is in balance again,” says Nies. “They are producing enough [electricity] to supply the population. The next step is to take the system back to normal, which will take several weeks.” In other words, time will return to normal for Europeans — if they remember to change their clocks, even as the U.S. power grid sees more blackouts than other developed nations.

Related News

• Electricity Forum News

• Grid Technologies News

Eletrobras Privatization Strike sparks a 72-hour CNE walkout by Brazil's electricity workers, opposing asset sell-offs and grid privatization while pledging essential services; unions target President Wilson Ferreira Jr. over energy-sector reforms.

Key Points

A 72-hour CNE walkout by Brazil's electricity workers opposing Eletrobras sell-offs, while keeping essential services.

✅ 72-hour strike led by CNE unions and federations

✅ Targets privatization plans and leadership at Eletrobras

✅ Essential services maintained to avoid consumer impact

Brazil's national electricity workers' collective (CNE) has called for a 72-hour strike to protest the privatization of state-run electric company Eletrobras and its subsidiaries.

The CNE, which gathers the electricity workers' confederation, federations, unions and associations, said the strike is to begin at Monday midnight (0300 GMT) and last through midnight Wednesday, even as some utilities elsewhere have considered asking staff to live on site to maintain operations.

Workers are demanding the ouster of Eletrobras President Wilson Ferreira Jr., who they say is the leading promoter of the privatization move.

Some 24,000 workers are expected to take part in the strike. However, the CNE said it will not affect consumers by ensuring essential services, a pledge echoed by utilities managing costs elsewhere such as Manitoba Hydro's unpaid days off during the pandemic.

#google#

Eletrobras accounts for 32 percent of Brazil's installed energy generation capacity, mainly via hydroelectric plants. Besides, it also operates nuclear and thermonuclear plants, and solar and wind farms, reflecting trends captured by young Canadians' interest in electricity jobs in recent years.

The company distributes electricity in six northern and northeastern states, and handles 47 percent of the nation's electricity transmission lines, even as a U.S. grid pandemic warning has highlighted reliability risks.

The government owns a 63-percent stake in the company, a reminder that public policy shapes the sector, similar to Canada's future-of-work investment initiatives announced recently.

Related News

• Electricity Forum News

• Workforce Safety News

Washington State Hybrid-Electric Ferries advance green maritime transit with battery-diesel propulsion, lower emissions, and fleet modernization, integrating charging infrastructure and reliable operations across WSF routes to meet climate goals and reduce fuel consumption.

Key Points

New WSF vessels using diesel-battery propulsion to cut emissions, improve efficiency, and sustain reliable ferry service.

✅ Hybrid diesel-battery propulsion reduces fuel use and CO2

✅ Larger vessels with efficient batteries and charging upgrades

✅ Compatible with WSF docks, maintenance, and safety standards

Washington State is embarking on an ambitious update to its ferry fleet, introducing hybrid-electric boats that represent a significant leap toward greener and more sustainable transportation. The state’s updated plans reflect a commitment to reducing carbon emissions and enhancing environmental stewardship while maintaining the efficiency and reliability of its vital ferry services.

The Washington State Ferries (WSF) system, one of the largest in the world, has long been a critical component of the state’s transportation network, linking various islands and coastal communities with the mainland. Traditionally powered by diesel engines, the ferries are responsible for significant greenhouse gas emissions. In response to growing environmental concerns and legislative pressure, WSF is now turning to hybrid-electric technology similar to battery-electric high-speed ferries seen elsewhere to modernize its fleet and reduce its carbon footprint.

The updated plans for the hybrid-electric boats build on earlier efforts to introduce cleaner technologies into the ferry system. The new designs incorporate advanced hybrid-electric propulsion systems that combine traditional diesel engines with electric batteries. This hybrid approach allows the ferries to operate on electric power during certain segments of their routes, reducing reliance on diesel fuel and cutting emissions as electric ships on the B.C. coast have demonstrated during similar operations.

One of the key features of the updated plans is the inclusion of larger and more capable hybrid-electric ferries, echoing BC Ferries hybrid ships now entering service in the region. These vessels are designed to handle the demanding operational requirements of the Washington State Ferries system while significantly reducing environmental impact. The new boats will be equipped with state-of-the-art battery systems that can store and utilize electric power more efficiently, leading to improved fuel economy and lower overall emissions.

The transition to hybrid-electric ferries is driven by both environmental and economic considerations. On the environmental side, the move aligns with Washington State’s broader goals to combat climate change and reduce greenhouse gas emissions, including programs like electric vehicle rebate program that encourage cleaner travel across the state. The state has set ambitious targets for reducing carbon emissions across various sectors, and upgrading the ferry fleet is a crucial component of achieving these goals.

From an economic perspective, hybrid-electric ferries offer the potential for long-term cost savings. Although the initial investment in new technology can be substantial, with financing models like CIB support for B.C. electric ferries helping spur adoption and reduce barriers for agencies, the reduced fuel consumption and lower maintenance costs associated with hybrid-electric systems are expected to lead to significant savings over the lifespan of the vessels. Additionally, the introduction of greener technology aligns with public expectations for more sustainable transportation options.

The updated plans also emphasize the importance of integrating hybrid-electric technology with existing infrastructure. Washington State Ferries is working to ensure that the new vessels are compatible with current docking facilities and maintenance practices. This involves updating docking systems, as seen with Kootenay Lake electric-ready ferry preparations, to accommodate the specific needs of hybrid-electric ferries and training personnel to handle the new technology.

Public response to the hybrid-electric ferry initiative has been largely positive, with many residents and environmental advocates expressing support for the move towards greener transportation. The new boats are seen as a tangible step toward reducing the environmental impact of one of the state’s most iconic transportation services. The project also highlights Washington State’s commitment to innovation and leadership in sustainable transportation, alongside global examples like Berlin's electric flying ferry that push the envelope in maritime transit.

However, the transition to hybrid-electric ferries is not without its challenges. Implementing new technology requires careful planning and coordination, including addressing potential technical issues and ensuring that the vessels meet all safety and operational standards. Additionally, there may be logistical challenges associated with integrating the new ferries into the existing fleet and managing the transition without disrupting service.

Despite these challenges, the updated plans for hybrid-electric boats represent a significant advancement in Washington State’s efforts to modernize its transportation system. The initiative reflects a growing trend among transportation agencies to embrace sustainable technologies and address the environmental impact of traditional transportation methods.

In summary, Washington State’s updated plans for hybrid-electric ferries mark a crucial step towards a more sustainable and environmentally friendly transportation network. By incorporating advanced hybrid-electric technology, the state aims to reduce carbon emissions, improve fuel efficiency, and align with its broader climate goals. While challenges remain, the initiative demonstrates a commitment to innovation and underscores the importance of transitioning to greener technologies in the quest for a more sustainable future.

Related News

• Electricity Forum News

• EV Infrastructure News