“Sticker shock” a concern in nuclear power

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State utility regulators in the United States are increasingly viewing nuclear power as a preferred type of electricity generation, according to a recently released national survey conducted by RKS Research & Consulting.

The independent marketing research firm also found an increase in regulatory willingness to permit utilities to contract directly with natural gas providers for their fuel. And regulators continue to say that new ratemaking methodologies are needed to better respond to current regulatory realities.

These are some of the top findings of the "2009 Survey of State Utility Regulators." This year's study marks the sixth time since 1995 that RKS has surveyed state utility regulators and summarized their views about critical electricity and natural gas issues. Topics covered in this year's survey include: electric and gas ratemaking methodology; energy supply; electric generation preferences; energy efficiency; risk management; sufficiency of electric and gas supply; electric reliability; renewable energy; and environmental protection.

"'The 2009 Survey of State Utility Regulators' study finds a willingness among regulators to explore creative solutions to meet U.S. energy and environmental needs," said David J. Reichman, RKS chairman and chief executive officer. "Holistic, creative thinking like this is necessary to optimally balance energy needs, environmental protection, and economic growth."

"Utilities are and will be facing significant regulatory risks over the next few years as they try to recover and earn a return on their capital investments," Reichman said. "By surveying regulators and summarizing their views, while protecting their anonymity, results generated from this study can help utilities manage their regulatory risks, safeguard investors from unwelcome surprises, and more effectively protect future returns."

The RKS survey reveals that many state regulators are expressing concern about:

• A nationwide recession leading to declines in utility revenues;

• Deteriorating financial profile of some utilities;

• Turbulent capital market conditions.

"Regulators are keenly aware that the costs of battling climate change, providing incentives for energy efficiency, and making utility assets more secure will have to be shouldered by customers," Reichman said. "However, regulators also are concerned with the low levels of customer awareness about the costs of these initiatives. Regulators are worried about 'sticker shock' setting in, and fear that they will be blamed when energy prices and consumer bills increase."

More than six in 10 (62%) regulators continue to strongly support the need for new ratemaking methodologies. These results are consistent with findings from both the 2007 and 2005 RKS regulator surveys.

However, previous RKS regulator surveys have found regulators unable to articulate the "new ratemaking methodologies" that appear most promising. The survey offers some hints that regulatory decoupling might fill that bill.

Regulatory decoupling continues to gain acceptance by state utility regulators, although survey results suggest that this tool is not yet regarded as an unqualified success. Decoupling, which separates a utility's profit from its commodity energy throughput, is more common for gas utilities than electrics, and regulators view gas decoupling as more successful than electric decoupling, according to the RKS survey.

Nearly six in 10 regulators (58%) say their jurisdiction presently permits decoupling for natural gas utilities, while only 39% say their jurisdiction allows decoupling for electric utilities. Three in 10 regulators (29%) regard natural gas decoupling as successful, but only 7% expressed the same view regarding electric decoupling. For regulators with no decoupling programs in their jurisdictions, about one in six report they are "very likely" to initiate decoupling for either electricity, natural gas, or both.

On cost recovery, state utility regulators express concern over the volume of regulatory trackers and riders that exist. This concern may help explain why regulators taking part in the survey are shifting their preferred mechanism for recovering future capital costs away from trackers and toward the utility's next general rate case. Of state regulators, 43% respond that they favor recovering capital costs in the next general rate case, a 12-percentage-point increase from what was found in 2007. By contrast, 38% of regulators say they favored recovering capital costs through tracker or rider mechanisms, also a 12-percentage-point change from 2007.

Asked about which types of future electric power generation most effectively balances consumers' need for low-cost energy with having a minimal environmental impact, 35% of regulators said they preferred nuclear power, followed by natural gas (18%), wind (16%), and coal (8%). One in 10 (10%) said they are not sure.

"One of the notable findings from the 2009 survey is that when state utility regulators consider both the cost to the consumer and the environmental impact of future electric generation, a clear preference emerges: Nuclear plants receive twice the number of mentions as natural gas and wind, their second and third place choices," Reichman said.

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Taiwan's economic minister resigns over widespread power outage

Taiwan Power Blackout disrupts Taipei and commercial hubs after a Taoyuan natural gas plant error, triggering nationwide outage, grid failure, elevator rescues, power rationing, and the economic minister's resignation, as CPC Corporation restores supply.

 

Key Points

A nationwide Taiwan outage from human error at a Taoyuan gas plant, triggering rationing and a minister's resignation.

✅ Human error disrupted natural gas supply at Taoyuan plant

✅ 6.68 million users affected; grid failure across cities

✅ Minister Lee resigned; President Tsai ordered a review

 

Taiwan's economic minister resigned after power was knocked out in many parts of Taiwan, with regional parallels such as China power cuts highlighting grid vulnerabilities, including capital Taipei's business and high-end shopping district, due to an apparent "human error" at a key power plant.

Economic Affairs minister Lee Chih-kung tendered his resignation verbally to Premier Lin Chuan, United Daily News reported, citing a Cabinet spokesman. Lin accepted the resignation, the spokesman said according to the daily.

As many as 6.68 million households and commercial units saw their power supply cut or disrupted on Tuesday after "human error" disrupted natural gas supply at a power plant in northern Taiwan's Taoyuan, the semi-official Central News Agency reported, citing the government-controlled oil company CPC Corporation as saying.

The company added that power at the plant, Taiwan's biggest natural gas power plant, resumed two minutes later.

In New Taipei City, there were at least 27,000 reported cases of people being stuck in lifts. Photos in social media also showed huge crowds stranded in lift lobby in Taipei's iconic 101-storey Taipei 101 building.

Power rationing was implemented beginning 6pm, and, as seen in the National Grid short supply warning in other markets, such steps aim to stabilize supply, Central News Agency said. Power supply was gradually being restored beginning at about 9:40pm. news reports said.

President Tsai Ing-wen apologised for the blackout, noting parallels with Japan's near-blackouts that underscored grid resilience, and said that she has ordered all relevant departments to produce clear report in the shortest time possible.

"Electricity is not just a problem about people's livelihoods but also a national security issue. A comprehensive review must be carried out to find out how the electric power system can be so easily paralysed by human error," said Ms Tsai in a Facebook post.

Taiwan has been at risk of a power shortage after a recent typhoon knocked down a power transmission tower in Hualien county along the eastern coast of Taiwan, rather than a demand-driven slowdown like the China power demand drop during pandemic factory shutdowns. This reduced the electricity supply by 1.3million kilowatts, or about 4 per cent of the operating reserve.

That was followed by the breakdown of a power generator at Taiwan's largest power plant, which further reduced the operating reserve by 1.5 per cent.

The situation is worsened by the ongoing heatwave that has hit Taiwan, with temperatures soaring to 38 degrees Celsius over the past week.

As a result, the government had imposed the rationing of electricity, and, highlighting how regional strains such as China's power woes can ripple into global markets, switched off all air-conditioning in many of its Taipei offices, a move that drew some public backlash.

 

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New England's solar growth is creating tension over who pays for grid upgrades

New England Solar Interconnection Costs highlight distributed generation strains, transmission charges, distribution upgrades, and DAF fees as National Grid maps hosting capacity, driving queue delays and FERC disputes in Rhode Island and Massachusetts.

 

Key Points

Rising upfront grid upgrade and DAF charges for distributed solar in RI and MA, including some transmission costs.

✅ Upfront grid upgrades shifted to project developers

✅ DAF and transmission charges increase per MW costs

✅ Queue delays tied to hosting capacity and cluster studies

 

Solar developers in Rhode Island and Massachusetts say soaring charges to interconnect with the electric grid are threatening the viability of projects. 

As more large-scale solar projects line up for connections, developers are being charged upfront for the full cost of the infrastructure upgrades required, a long-common practice that they say is now becoming untenable amid debates over a new solar customer charge in Nova Scotia. 

“It is a huge issue that reflects an under-invested grid that is not ready for the volume of distributed generation that we’re seeing and that we need, particularly solar,” said Jeremy McDiarmid, vice president for policy and government affairs at the Northeast Clean Energy Council, a nonprofit business organization. 

Connecting solar and wind systems to the grid often requires upgrades to the distribution system to prevent problems, such as voltage fluctuations and reliability risks highlighted by Australian distributors in their networks. Costs can vary considerably from place to place, depending on the amount of distributed generation coming online and the level of capacity planning by regulators, said David Feldman, a senior financial analyst at the National Renewable Energy Laboratory.

“Certainly the Northeast often has more distribution challenges than much of the rest of the country just because it’s more populous and often the infrastructure is older,” he said. “But it’s not unique to the Northeast — in the Midwest, for example, there’s a significant amount of wind projects in the queues and significant delays.”

In Rhode Island and Massachusetts, where strong incentive programs are driving solar development, the level of solar coming online is “exposing the under-investment in the distribution system that is causing these massive costs that National Grid is assigning to particular projects or particular groups of projects,” McDiarmid said. “It is going to be a limiting factor for how much clean energy we can develop and bring online.”

Frank Epps, chief executive officer at Energy Development Partners, has been developing solar projects in Rhode Island since 2010. In that time, he said, interconnection charges on his projects have grown from about $80,000-$120,000 per megawatt to more than $400,000 per megawatt. He attributed the increase to a lack of investment in the distribution network by National Grid over the last decade.

He and other developers say the utility is now adding further to their costs by passing along not just the cost of improving the distribution system — the equivalent of the city street of the grid that brings power directly to customers — but also costs for modifying the transmission system — the interstate highway that moves bulk power over long distances to substations. 

Solar developers who are only requesting to hook into the distribution system, and not applying for transmission service, say they should not be charged for those additional upgrades under state interconnection rules unless they are properly authorized under the federal law that governs the transmission system. 

A Rhode Island solar and wind developer filed a complaint with the Federal Energy Regulatory Commission in February over transmission system improvement charges for its four proposed solar projects. Green Development said National Grid subsidiaries Narragansett Electric and New England Power Company want to charge the company more than $500,000 a year in operating and maintenance expenses assessed as so-called direct assignment facility charges. 

“This amount nearly doubles the interconnection costs associated with the projects,” which total 38.4 megawatts in North Smithfield, the company says in its complaint. “Crucially, these charges are linked to recovering costs associated with providing transmission service — even though no such transmission service is being provided to Green Development.”

But Ted Kresse, a spokesperson for National Grid, said the direct assignment facility, or DAF, construct has been in place for decades and has been applied to any customer affecting the need for transmission upgrades.

“It is the result of the high penetration and continued high volume of distributed generation interconnections that has recently prompted the need for transmission upgrades, and subsequently the pass-through of the associated DAF charges,” he said. 

Several complaints before the Rhode Island Public Utilities Commission object to these DAF and other transmission charges.

One petition for dispute resolution concerns four solar projects totaling 40 MW being developed by Energy Development Partners in a former gravel pit in North Kingstown. Brown University has agreed to purchase the power. 

The developer signed interconnection service agreements with Narragansett Electric in 2019 requiring payment of $21.6 million for costs associated with connecting the projects at a new Wickford Junction substation. Last summer, Narragansett sought to replace those agreements with new ones that reclassified a portion of the costs as transmission-level costs, through New England Power, National Grid’s transmission subsidiary.

That shift would result in additional operational and maintenance charges of $835,000 per year for the estimated 35-year life of the projects, the complaint says.

“This came as a complete shock to us,” Epps said. “We’re not just paying for the maintenance of a new substation. We are paying a share of the total cost that the system owner has to own and operate the transmission system. So all of the sudden, it makes it even tougher for distributed energy resources to be viable.”

In its response to the petition, National Grid argues that the charges are justified because the solar projects will require transmission-level upgrades at the new substation. The company argues that the developer should be responsible for the costs rather than ratepayers, “who are already supporting renewable energy development through their electric rates.”

Seth Handy, one of the lawyers representing Green Development in the FERC complaint, argues that putting transmission system costs on distribution assets is unfair because the distributed resources are “actually reducing the need to move electricity long distances. We’ve been fighting these fights a long time over the underestimating of the value of distributed energy in reducing system costs.”

Handy is also representing the Episcopal Diocese of Rhode Island before the state Supreme Court in its appeal of an April 2020 public utilities commission order upholding similar charges for a proposed 2.2-megawatt solar project at the diocese’s conference center and camp in Glocester. 

Todd Bianco, principal policy associate at the utilities commission, said neither he nor the chairperson can comment on the pending dockets contesting these charges. But he noted that some of these issues are under discussion in another docket examining National Grid’s standards for connecting distributed generation. Among the proposals being considered is the appointment of an independent ombudsperson to resolve interconnection disputes. 

Separately, legislation pending before the Rhode Island General Assembly would remove responsibility for administering the interconnection of renewable energy from utilities, and put it under the authority of the Rhode Island Infrastructure Bank, a financing agency.

Handy, who recently testified in support of the bill, said he believes National Grid has too many conflicting interests to administer interconnecting charges in a timely, transparent and fair fashion, and pointed to utility moves such as changes to solar compensation in other states as examples. In particular, he noted the company’s interests in expanding natural gas infrastructure. 

“There are all kinds of economic interests that they have that conflict with our state policy to provide lower-cost renewable energy and more secure energy solutions,” Handy said.

In testimony submitted to the House Committee on Corporations opposing the legislation, National Grid said such powers are well beyond the purpose and scope of the infrastructure bank. And it cited figures showing Rhode Island is third in the country for the most installed solar per square mile (behind New Jersey and Massachusetts).

Nadav Enbar, program manager at the Electric Power Research Institute, a nonprofit research organization for the utility industry, said interconnection delays and higher costs are becoming more common due to “the incredible uptake” in distributed renewable energy, particularly solar.

That’s impacting hosting capacity, the room available to connect all resources to a circuit without causing adverse harm to reliability and safety. 

“As hosting capacity is being reduced, it’s causing an increasing number of situations where utilities need to study their systems to guarantee interconnection without compromising their systems,” he said. “And that is the reason why you’re starting to see some delays, and it has translated into some greater costs because of the need for upgrades to infrastructure.”

The cost depends on the age or absence of infrastructure, projected load growth, the number of renewable energy projects in the queue, and other factors, he said. As utilities come under increasing pressure to meet state renewable goals, and as some states pilot incentives like a distributed energy rebate in Illinois to drive utility innovation, some (including National Grid) are beginning to provide hosting capacity maps that provide detailed information to developers and policymakers about the amount of distributed energy that can be accommodated at various locations on the grid, he said. 

In addition, the coming availability of high-tech “smart inverters” should help ease some of these problems because they provide the grid with more flexibility when it comes to connecting and communicating with distributed energy resources, Enbar said. 

In Massachusetts, the Department of Public Utilities has opened a docket to explore ways to better plan for and share the cost of upgrading distribution infrastructure to accommodate solar and other renewable energy sources as part of a grid overhaul for renewables nationwide. National Grid has been conducting “cluster studies” there that attempt to analyze the transmission impacts of a group of solar projects and the corresponding interconnection cost to each developer.

Kresse, of National Grid, said the company favors cost-sharing methodologies under consideration that would “provide a pathway to spread cost over the total enabled capacity from the upgrade, as opposed to spreading the cost over only those customers in the queue today.” 

Solar developers want regulators to take an even broader approach that factors in how the deployment of renewables and the resulting infrastructure upgrades benefit not just the interconnecting generator, but all customers. 

“Right now, if your project is the one that causes a multimillion-dollar upgrade, you are assigned that cost even though that upgrade is going to benefit a lot of other projects, as well as make the grid stronger,” said McDiarmid, of the clean energy council. “What we’re asking for is a way of allocating those costs among a variety of developers, as well as to the grid itself, meaning ratepayers. There’s a societal benefit to increasing the modernization of the grid, and improving the resilience of the grid.”

In the meantime, BlueHub Capital, a Boston-based solar developer focused on serving affordable housing developments, recently learned from National Grid that, as a part of one of the area studies, it will be required to pay $5.8 million in transmission and distribution upgrades to interconnect a 2-megawatt solar-plus-storage project that leverages cheaper batteries to enhance resilience, approved for a brownfield site in Gardner, Massachusetts. 

According to testimony submitted to the department, the sum is supposed to be paid within the next year, even though the project will have to wait to be interconnected until April 2027, when a new transmission line is completed. In addition, BlueHub will be responsible for DAF charges totaling $3.4 million over the 20-year life of the project. 

“We’re being asked to pay a fortune to provide solar that the state wants,” said DeWitt Jones, BlueHub’s president. “It’s so expensive that the upgrades are driving everyone out of the interconnection queue. The costs stay the same, but they fall on fewer projects. We need a process of grid design and modernization to guide this.”

 

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Energy Department Announces 20 New Competitors for the American-Made Solar Prize

American-Made Solar Prize Round 3 accelerates DOE-backed solar innovation, empowering entrepreneurs and domestic manufacturing with photovoltaics and grid integration support via National Laboratories, incubators, and investors to validate products, secure funding, and deploy backup power.

 

Key Points

A DOE challenge fast-tracking solar innovation to market readiness, boosting US manufacturing and grid integration.

✅ $50,000 awards to 20 teams for prototype validation

✅ Access to National Labs, incubators, investors, and mentors

✅ Focus on PV advances and grid integration solutions

 

The U.S. Department of Energy (DOE) announced the 20 competitors who have been invited to advance to the next phase of the American-Made Solar Prize Round 3, a competition designed to incentivize the nation’s entrepreneurs to strengthen American leadership in solar energy innovation and domestic manufacturing, a key front in the clean energy race today.

The American-Made Solar Prize is designed to help more American entrepreneurs thrive in the competitive global energy market. Each round of the prize brings new technologies to pre-commercial readiness in less than a year, ensuring new ideas enter the marketplace. As part of the competition, teams will have access to a network of DOE National Laboratories, technology incubators and accelerators, and related DOE efforts like next-generation building upgrades, venture capital firms, angel investors, and industry. This American-Made Network will help these competitors raise private funding, validate early-stage products, or test technologies in the field.

Each team will receive a $50,000 cash prize and become eligible to compete in the next phase of the competition. Through a rigorous evaluation process, teams were chosen based on the novelty of their ideas and how their solutions address a critical need of the solar industry. The teams were selected from 120 submissions and represent 11 states. These projects will tackle challenges related to new solar applications, like farming, as well as show how solar can be used to provide backup power when the grid goes down, aided by increasingly affordable batteries now reaching scale. Nine teams will advance solar photovoltaic technologies, and 11 will address challenges related to how solar integrates with the grid. The projects are as follows:

Photovoltaics:

  • Durable Antireflective and Self-Cleaning Glass (Pittsburgh, PA)
  • Pursuit Solar - More Power, Less Hassle (Denver, NC)
  • PV WaRD (San Diego, CA)
  • Remotely Deployed Solar Arrays (Charlottesville, VA)
  • Robotics Changing the Landscape for Solar Farms (San Antonio, TX)
  • TrackerSled (Chicago, IL)
  • Transparent Polymer Barrier Films for PV (Bristol, PA)
  • Solar for Snow (Duluth, MN)
  • SolarWall Power Tower (Buffalo, NY)


Systems Integration:

  • Affordable Local Solar Storage via Utility Virtual Power Plants (Parker, TX)
  • Allbrand Solar Monitor (Detroit, MI)
  • Beyond Monitoring – Next Gen Software and Hardware (Atlanta, GA)
  • Democratizing Solar with Artificial Intelligence Energy Management (Houston, TX)
  • Embedded, Multi-Function Maximum Power Point Tracker for Smart Modules (Las Vegas, NV)
  • Evergrid: Keep Solar Flowing When the Grid Is Down (Livermore, CA)
  • Inverter Health Scan (San Jose, CA)
  • JuiceBox: Integrated Solar Electricity for Americans Transitioning out of Homelessness and Recovering from Natural Disasters (Claremont, CA)
  • Low-Cost Parallel-Connected DC Power Optimizer (Blacksburg, VA)
  • Powerfly: A Plug-and-Play Solar Monitoring Device (Berkeley, CA)
  • Simple-Assembly Storage Kit (San Antonio, TX)

Read the descriptions of the projects to see how they contribute to efforts to improve solar and wind power worldwide.

Over the next six months, these teams will fast-track their efforts to identify, develop, and test disruptive solutions amid record solar and storage growth projected nationwide. During a national demonstration day at Solar Power International in September 2020, a panel of judges will select two final winners who will receive a $500,000 prize. Learn more at the American-Made Solar Prize webpage.

The American-Made Challenges incentivize the nation's entrepreneurs to strengthen American leadership in energy innovation and domestic manufacturing. These new challenges seek to lower the barriers U.S.-based innovators face in reaching manufacturing scale by accelerating the cycles of learning from years to weeks while helping to create partnerships that connect entrepreneurs to the private sector and the network of DOE’s National Laboratories across the nation, alongside recent wind energy awards that complement solar innovation.

Go here to learn how this work aligns with a tenfold solar expansion being discussed nationally.

https://www.energy.gov/eere/solar/solar-energy-technologies-office

 

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Bruce Power cranking out more electricity after upgrade

Bruce Power Capacity Uprate boosts nuclear output through generator stator upgrades, turbine and transformer enhancements, and cooling pump improvements at Bruce A and B, unlocking megawatts and efficiency gains from legacy heavy water design capacity.

 

Key Points

Upgrades that raise Bruce Power capacity via stator, turbine, transformer, and cooling enhancements.

✅ Generator stator replacement increases electrical conversion efficiency

✅ Turbine and transformer upgrades enable higher MW output

✅ Cooling pump enhancements optimize plant thermal performance

 

Bruce Power’s Unit 3 nuclear reactor will squeeze out an extra 22 megawatts of electricity, thanks to upgrades during its recent planned outage for refurbishment.

Similar gains are anticipated at its three sister reactors at Bruce A generating station, which presents the opportunity for the biggest efficiency gains and broader economic benefits for Ontario, due to a design difference over Bruce B’s four reactors, Bruce Power spokesman John Peevers said.

Bruce A reactor efficiency gains stem mainly from the fact Bruce A’s non-nuclear side, including turbines and the generator, was sized at 88 per cent of the nuclear capacity, Peevers said, while early Bruce C exploration work advances.

This allowed 12 per cent of the energy, in the form of steam, to be used for heavy water production, which was discontinued at the plant years ago. Heavy water, or deuterium, is used to moderate the reactors.

That design difference left a potential excess capacity that Bruce Power is making use of through various non-nuclear enhancements. But the nuclear operator, which also made major PPE donations during the pandemic, will be looking at enhancements at Bruce B as well, Peevers said.

Bruce Power’s efficiency gain came from “technology advancements,” including a “generator-stator improvement project that was integral to the uprate,” and contributed to an operating record at the site, a Bruce Power news release said July 11.

Peevers said the stationary coils and the associated iron cores inside the generator are referred to as the stator. The stator acts as a conductor for the main generator current, while the turbine provides the mechanical torque on the shaft of the generator.

“Some of the other things we’re working on are transformer replacement and cooling pump enhancements, backed by recent manufacturing contracts, which also help efficiency and contribute to greater megawatt output,” Peevers said.

The added efficiency improvements raised the nuclear operator’s peak generating capacity to 6,430 MW, as projects like Pickering life extensions continue across Ontario.

 

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Denmark's climate-friendly electricity record is incinerated

Denmark Renewable Energy Outlook assesses Eurostat ranking, district heating and trash incineration, EV adoption, wind turbine testing expansions, and electrification to cut CO2, aligning policies with EU 2050 climate goals and green electricity usage.

 

Key Points

A brief analysis of Denmark's green power use, electrification, EVs, and policies needed to meet EU 2050 CO2 goals.

✅ Eurostat rank low due to trash incineration in district heating.

✅ EV adoption stalled after tax reinstatement, slowing electrification.

✅ Wind test centers expanded; electrification could cut 95% CO2.

 

Denmark’s low ranking in the latest figures from Eurostat regarding climate-friendly electricity, which places the country in 32nd place out of 40 countries, is partly a result of the country’s reliance on the incineration of trash to warm our homes via long-established district heating systems.

Additionally, there are not enough electric vehicles – a recent increase in sales was halted in 2016 when the government started to phase back registration taxes scrapped in 2008, and Europe’s EV slump underscores how fragile momentum can be.

 

Not enough green electricity being used

Denmark is good at producing green electricity, reports Politiken, but it does not use enough, and amid electricity price volatility in Europe this is bad news if it wants to fulfil the EU’s 2050 goal to eliminate CO2 emissions.

 

A recent report by Eurelectric and McKinsey demonstrates that if heating, transport and industry were electrified, reflecting a broader European push for electrification across the energy system, 95 percent of the country’s CO2 emissions could be eliminated by that date.

 

Wind turbine testing centre expansion approved

Parliament has approved the expansion of two wind turbine centres in northwest Jutland, supporting integration as e-mobility drives electricity demand in the coming years. The centres in Østerild and Høvsøre will have the capacity to test nine and seven turbines, measuring 330 and 200 metres in size (up from 250 and 165) respectively. The Østerild expansion should be completed in 2019, while Høvsøre ​​will have to wait a little longer.

 

Third on the Environmental Performance Index

Denmark finished third on the latest Environmental Performance Index, finishing only behind Switzerland and France. Its best category ranking was third for Environmental Health, and comparative energy efficiency benchmarking can help contextualize progress. Elsewhere, it ranked 11th for Ecosystem Vitality, 18th for Biodiversity and Habitat, 94th for Forests, 87th for Fisheries, 25th for Climate and Energy and 37th for Air Pollution, 14th for Water Resources and 7th for Agriculture.

 

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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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