Duke Energy to sell carbon offsets

By Knight Ridder Tribune


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Duke Energy Corp. plans to offer customers the chance to buy carbon dioxide offsets - extra money donated to support the green movement and soothe their environmental consciences.

Using electricity, driving a car and breathing, among other activities, contribute to carbon dioxide levels in the atmosphere. The gas is blamed as a cause of global warming, and electricity-producing coal-fired plants are among the biggest culprits.

The practice has developed a high profile as the Hollywood set and companies, such as Ben and Jerry's, purchase offsets to cancel out their own carbon dioxide-producing behavior. People also can make contributions on their own through various nonprofits to offset the carbon they produce from air travel and other activities in their daily lives.

Several nonprofits, such as Sterling Plant, specialize in offsetting carbon emissions for people.

Duke's program would amount to an expansion of the existing NC GreenPower program, which allows N.C. utility customers to contribute through their power bill payments to the development of renewable energy, including wind and solar power.

A 100-kilowatt block sells for $4.

The cost to customers of the new program still has to be worked out, said Duke Energy spokeswoman Paige Sheehan. But the money would go to organizations that plant trees and support specific projects, such as collecting and burning methane produced from decaying garbage in landfills, she said.

Duke would not make a profit but would simply pass the money on to the various organizations, Sheehan said.

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Opinion: Nuclear Beyond Electricity

Nuclear decarbonization leverages low-carbon electricity, process heat, and hydrogen from advanced reactors and SMRs to electrify industry, buildings, and transport, supporting net-zero strategies and grid flexibility alongside renewables with dispatchable baseload capacity.

 

Key Points

Nuclear decarbonization uses reactors to supply low-carbon power, heat, and hydrogen, cutting emissions across industry.

✅ Advanced reactors and SMRs enable high-temperature process heat

✅ Nuclear-powered electrolysis and HTSE produce low-carbon hydrogen

✅ District heating from reactors reduces pollution and coal use

 

By Dr Henri Paillere, Head of the Planning and Economics Studies Section of the IAEA

Decarbonising the power sector will not be sufficient to achieving net-zero emissions, with assessments indicating nuclear may be essential across sectors. We also need to decarbonise the non-power sectors - transport, buildings and industry - which represent 60% of emissions from the energy sector today. The way to do that is: electrification with low-carbon electricity as much as possible; using low-carbon heat sources; and using low-carbon fuels, including hydrogen, produced from clean electricity.
The International Energy Agency (IEA) says that: 'Almost half of the emissions reductions needed to reach net zero by 2050 will need to come from technologies that have not reached the market today.' So there is a need to innovate and push the research, development and deployment of technologies. That includes nuclear beyond electricity.

Today, most of the scenario projections see nuclear's role ONLY in the power sector, despite ongoing debates over whether nuclear power is in decline globally, but increased electrification will require more low-carbon electricity, so potentially more nuclear. Nuclear energy is also a source of low-carbon heat, and could also be used to produce low-carbon fuels such as hydrogen. This is a virtually untapped potential.

There is an opportunity for the nuclear energy sector - from advanced reactors, next-gen nuclear small modular reactors, and non-power applications - but it requires a level playing field, not only in terms of financing today's technologies, but also in terms of promoting innovation and supporting research up to market deployment. And of course technology readiness and economics will be key to their success.

On process heat and district heating, I would draw attention to the fact there have been decades of experience in nuclear district heating. Not well spread, but experience nonetheless, in Russia, Hungary and Switzerland. Last year, we had two new projects. One floating nuclear power plant in Russia (Akademik Lomonosov), which provides not only electricity but district heating to the region of Pevek where it is connected. And in China, the Haiyang nuclear power plant (AP1000 technology) has started delivering commercial district heating. In China, there is an additional motivation to reducing emissions, namely to cut air pollution because in northern China a lot of the heating in winter is provided by coal-fired boilers. By going nuclear with district heating they are therefore cutting down on this pollution and helping with reducing carbon emissions as well. And Poland is looking at high-temperature reactors to replace its fleet of coal-fired boilers and so that's a technology that could also be a game-changer on the industry side.

There have also been decades of research into the production of hydrogen using nuclear energy, but no real deployment. Now, from a climate point of view, there is a clear drive to find substitute fuels for the hydrocarbon fuels that we use today, and multiple new nuclear stations are seen by industry leaders as necessary to meet net-zero targets. In the near term, we will be able to produce hydrogen with electrolysis using low-carbon electricity, from renewables and nuclear. But the cheapest source of low-carbon power is from the long-term operation of existing nuclear power plants which, combined with their high capacity factors, can give the cheapest low-carbon hydrogen of all.

In the mid to long term, there is research on-going with processes that are more efficient than low-temperature electrolysis, which is high temperature steam electrolysis or thermal splitting of water. These may offer higher efficiencies and effectiveness but they also require advanced reactors that are still under development. Demonstration projects are being considered in several countries and we at the IAEA are developing a publication that looks into the business opportunities for nuclear production of hydrogen from existing reactors. In some countries, there is a need to boost the economics of the existing fleet, especially in the electricity systems where you have low or even negative market prices for electricity. So, we are looking at other products that have higher values to improve the competitiveness of existing nuclear power plants.

The future means not only looking at electricity, but also at industry and transport, and so integrated energy systems. Electricity will be the main workhorse of our global decarbonisation effort, but through heat and hydrogen. How you model this is the object of a lot of research work being done by different institutes and we at the IAEA are developing some modelling capabilities with the objective of optimising low-carbon emissions and overall costs.

This is just a picture of what the future might look like: a low-carbon power system with nuclear lightwater reactors (large reactors, small modular reactors and fast reactors) drawing on the green industrial revolution reactor waves in planning; solar, wind, anything that produces low-carbon electricity that can be used to electrify industry, transport, and the heating and cooling of buildings. But we know there is a need for high-temperature process steam that electricity cannot bring but which can be delivered directly by high-temperature reactors. And there are a number of ways of producing low-carbon hydrogen. The beauty of hydrogen is that it can be stored and it could possibly be injected into gas networks that could be run in the future on 100% hydrogen, and this could be converted back into electricity.

So, for decarbonising power, there are many options - nuclear, hydro, variable renewables, with renewables poised to surpass coal in global generation, and fossil with carbon capture and storage - and it's up to countries and industries to invest in the ones they prefer. We find that nuclear can actually reduce the overall cost of systems due to its dispatchability and the fact that variable renewables have a cost because of their intermittency. There is a need for appropriate market designs and the role of governments to encourage investments in nuclear.

Decarbonising other sectors will be as important as decarbonising electricity, from ways to produce low-carbon heat and low-carbon hydrogen. It's not so obvious who will be the clear winners, but I would say that since nuclear can produce all three low-carbon vectors - electricity, heat and hydrogen - it should have the advantage.
We at the IAEA will be organising a webinar next month with the IEA looking at long-term nuclear projections in a net-zero world, building on IAEA analysis on COVID-19 and low-carbon electricity insights. That will be our contribution from the point of view of nuclear to the IEA's special report on roadmaps to net zero that it will publish in May.

 

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Berlin Launches Electric Flying Ferry

Berlin Flying Electric Ferry drives sustainable urban mobility with zero-emission water transit, advanced electric propulsion, quiet operations, and smart-city integration, easing congestion, improving air quality, and connecting waterways for efficient, climate-aligned public transport.

 

Key Points

A zero-emission electric ferry for Berlin's waterways, cutting congestion and pollution to advance sustainable mobility.

✅ Zero emissions with advanced electric propulsion systems

✅ Quiet, efficient water transit that eases road congestion

✅ Smart-city integration, improving access and air quality

 

Berlin has taken a groundbreaking step toward sustainable urban mobility with the introduction of its innovative flying electric ferry. This pioneering vessel, designed to revolutionize water-based transportation, represents a significant leap forward in eco-friendly travel options and reflects the city’s commitment to addressing climate change, complementing its zero-emission bus fleet initiatives while enhancing urban mobility.

A New Era of Urban Transport

The flying electric ferry, part of a broader initiative to modernize transportation in Berlin, showcases cutting-edge technology aimed at reducing carbon emissions and improving efficiency in urban transit, and mirrors progress seen with hybrid-electric ferries in the U.S.

Equipped with advanced electric propulsion systems, the ferry operates quietly and emits zero emissions during its journeys, making it an environmentally friendly alternative to traditional diesel-powered boats.

This innovation is particularly relevant for cities like Berlin, where water transportation can play a crucial role in alleviating congestion on roads and enhancing overall mobility. The ferry is designed to navigate the city’s extensive waterways, providing residents and visitors with a unique and efficient way to traverse the urban landscape.

Features and Design

The ferry’s design emphasizes both functionality and comfort. Its sleek, aerodynamic shape minimizes resistance in the water, allowing for faster travel times while consuming less energy, similar to emerging battery-electric high-speed ferries now under development in the U.S. Additionally, the vessel is equipped with state-of-the-art navigation systems that ensure safety and precision during operations.

Passengers can expect a comfortable onboard experience, complete with spacious seating and amenities designed to enhance their journey. The ferry aims to offer an enjoyable ride while contributing to Berlin’s vision of a sustainable and interconnected transportation network.

Addressing Urban Challenges

Berlin, like many major cities worldwide, faces significant challenges related to transportation, including traffic congestion, pollution, and the need for efficient public transit options. The introduction of the flying electric ferry aligns with the city’s goals to promote greener modes of transportation and reduce reliance on fossil fuels, as seen with B.C.'s electric ferries supported by public investment.

By offering an alternative to conventional commuting methods and complementing battery-electric buses deployments in Toronto that expand zero-emission options, the ferry has the potential to significantly reduce the number of vehicles on the roads. This shift could lead to lower traffic congestion levels, improved air quality, and a more pleasant urban environment for residents and visitors alike.

Economic and Environmental Benefits

The economic implications of the flying electric ferry are equally promising. As an innovative mode of transportation, it can attract tourism and stimulate local businesses near docking areas, especially as ports adopt an all-electric berth model that reduces local emissions. Increased accessibility to various parts of the city may lead to greater foot traffic in commercial districts, benefiting retailers and service providers.

From an environmental standpoint, the ferry contributes to Berlin’s commitment to achieving climate neutrality. The city has set ambitious targets to reduce greenhouse gas emissions, and the implementation of electric vessels is a key component of this strategy. By prioritizing clean energy solutions, Berlin is positioning itself as a leader in sustainable urban transport.

A Vision for the Future

The introduction of the flying electric ferry is not merely a technological advancement; it represents a vision for the future of urban mobility. As cities around the world grapple with the impacts of climate change and the need for sustainable infrastructure, Berlin’s innovative approach could serve as a model for other urban centers looking to enhance their transportation systems, alongside advances in electric planes that could reshape regional travel.

Furthermore, this initiative is part of a broader trend toward electrification in the maritime sector. With advancements in battery technology and renewable energy sources, electric ferries and boats are becoming more viable options for urban transportation. As more cities embrace these solutions, the potential for cleaner, more efficient public transport grows.

Community Engagement and Education

To ensure the success of the flying electric ferry, community engagement and education will be vital. Residents must be informed about the benefits of using this new mode of transport, and outreach efforts can help build excitement and awareness around its launch. By fostering a sense of ownership among the community, the ferry can become an integral part of Berlin’s transportation landscape.

 

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Canadian power crews head to Irma-hit Florida to help restore service

Canadian Power Crews Aid Florida after Hurricane Irma, supporting power restoration for Tampa Electric and Florida Power & Light. Hydro One and Nova Scotia Power teams provide mutual aid to speed outage repairs across communities.

 

Key Points

Mutual aid effort sending Canadian utility crews to restore power and repair outages in Florida after Hurricane Irma.

✅ Hydro One and Nova Scotia Power deploy line technicians

✅ Support for Tampa Electric and Florida Power & Light

✅ Goal: rapid power restoration and outage repairs statewide

 

Hundreds of Canadian power crews are heading to Florida to help restore power to millions of people affected by Hurricane Irma.

Two dozen Nova Scotia Power employees were en route Tampa on Tuesday morning. An additional 175 Hydro One employees from across Ontario are also heading south. Tuesday to assist after receiving a request for assistance from Tampa Electric.

Nearly 7½ million customers across five states were without power Tuesday morning as Irma — now a tropical storm — continued inland, while a power outage update from the Carolinas underscored the regional strain.

In an update On Tuesday, Florida Power & Light said its "army" of crews had already restored power to 40 per cent of the five million customers affected by Irma in the first 24 hours.

FPL said it expects to have power restored in nearly all of the eastern half of the state by the end of this coming weekend. Almost everyone should have power restored by the end of day on Sept. 22, except for areas still under water.Jason Cochrane took a flight from Halifax Stanfield International Airport along with 19 other NSP power line technicians, two supervisors and a restoration team lead, drawing on lessons from the Maritime Link first power project between Newfoundland and Nova Scotia. "It's different infrastructure than what we have to a certain extent, so there'll be a bit of a learning curve there as well," Cochrane said. "But we'll be integrated into their workforce, so we'll be assisting them to get everything put back together."

The NSP team will join 86 other Nova Scotians from their parent company, Emera, who are also heading to Tampa. Halifax-based Emera, whose regional projects include the Maritime Link, owns a subsidiary in Tampa.

"We're going to be doing anything that we can to help Tampa Electric get their customers back online," said NSP spokesperson Tiffany Chase. "We know there's been significant damage to their system as a result of that severe storm and so anything that our team can do to assist them, we want to do down in Tampa."

Crews have been told to expect to be on the ground in the U.S. for two weeks, but that could change as they get a better idea of what they're dealing with.

'It's neat to have an opportunity like this to go to another country and to help out.'- Jason Cochrane, power line technician

"It's neat to have an opportunity like this to go to another country and to help out and to get the power back on safely," said Cochrane.

Chase said she doesn't know how much the effort will cost but it will be covered by Tampa Electric. She also said Nova Scotia Power will pull its crews back if severe weather heads toward Atlantic Canada, as utilities nationwide work to adapt to climate change in their planning.

 

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BC Hydro to begin reporting COVID-19 updates at Site C

BC Hydro COVID-19 Site C updates detail monitoring, self-isolation at the work camp, Northern Health coordination, social distancing, reduced staffing, progress on diversion tunnels, Highway 29 realignment, and public reports to Peace River Regional District.

 

Key Points

Regular reports on COVID-19 monitoring, isolation protocols, staffing, and Site C work with Northern Health.

✅ Daily updates to Peace River Regional District

✅ Isolation rooms reserved in camp dorms

✅ Construction continues with social distancing

 

BC Hydro says it will begin giving regular updates to the public and the Peace River Regional District about its monitoring of the coronavirus COVID-19 at Site C, reflecting broader industry alerts such as a U.S. grid warning on pandemic risks.

BC Hydro met with the Peace River Regional District Sunday via phone call to discuss the forthcoming measures.

"We did a make a commitment to provide regular updates to Peace River Regional District member communities on an ongoing basis," said spokesman Dave Conway.

"(It's) certainly one of the things that we heard that they want and we heard that strongly and repeatedly."

Conway said updates could be posted as early as Monday on BC Hydro's website for the project.

As of March 23, there were sixteen people in self-isolation at the work camp just outside Fort St. John. Conway did not know how many of the workers have been tested for the virus, but said there are no confirmed cases on site. Provincial guidelines are being followed, he said.

"If they show any of the following symptoms, so sneezing, sore throat, muscle aches, headaches, coughs, or difficulty breathing, they're isolated for 14 days," Conway said.

"We're being very cautious of our application of the guidelines. We're asking anybody to self isolate if they have any slight symptoms."

BC Hydro has set aside one 30-room dorm at the camp for workers who need to isolate themselves, similar to measures in other jurisdictions where the power industry may house staff on-site to maintain operations, and has another four dorms with another 120 rooms that can be used as necessary. Conway could not immediately say whether additional rooms at hotels or at its apartment block have also been reserved.

There have been  700 workers home since a scale-back in construction was announced on March 18, and more workers are expected to be sent home this week. There were 940 people in camp on March 23, Conway said.

"To put that into perspective, the number of people staying in camp at this time of year, based on previous years, usually averages around 1,700," Conway said.

Brad Sperling, board chair for the Peace River Regional District, said BC Hydro has committed to formulating a strategy over the next few days to keep local government and public informed.

Electoral director Karen Goodings said she was pleased by that, and that it's important to everyone that BC Hydro works with Northern Health and adheres to provincial guidelines.

"The senior governments are critical to what measures will be undertaken not only on the project, including the camp, but also on the rules around transportation of workers and on addressing workplace conduct investigations at other utilities," Goodings wrote in an email.

On Sunday, the Site C leisure bus was seen at Totem Mall with two passengers on board.

Conway said the ongoing use of the shuttle is being monitored and evaluated, and is operating under social distancing and extra cleaning guidelines aligned with public transportation changes that have come under BC Transit.

The bus makes 10 trips per day from the camp, with an average of two passengers per trip, Conway said.

"We still have, of course, people in camp, and it's an opportunity for guests to get out and go for a walk and re-provision themselves for essentials for personal needs," Conway said.

Construction of the river diversion tunnels continues to meet a fall deadline, while work also carries on to realign Highway 29, build the transmission line, and clear the valley and future reservoir. Other site security and environmental monitoring work also continues, as utilities confront a dangerous dam-climbing trend driven by social media.

BC Hydro has said measures have been put into place, amid concerns similar to those voiced by nuclear plant workers about precautions at industrial sites, to minimize the potential spread of the COVID-19 on site, such as closing the camp gym and theatre, eliminating self serve dining stations, as well as non-essential travel, tours, and meetings.

Some workers, however, have raised worries about the tight working conditions on site, noting field safety incidents that highlight risks in the sector.

The province announced Monday 48 new cases in B.C., including one more in the Northern Health region, bringing the region's total to five, while Saskatchewan's numbers show how the crisis has reshaped that province. Their precise whereabouts are not being reported by B.C. public health officials.

 

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Berlin Geothermal Plant in El Salvador Set to Launch This Year

El Salvador Geothermal Expansion boosts renewable energy with a 7 MW Berlin binary ORC plant, upgrades at Ahuachapan, and pipeline projects, strengthening clean power capacity, grid reliability, and sustainable growth in Central America.

 

Key Points

A national push adding binary-cycle capacity at Berlin and Ahuachapan, boosting geothermal supply and advancing sites.

✅ 7 MW Berlin binary ORC plant entering service.

✅ Ahuachapan upgrade adds 2 MW, total geothermal 204 MW.

✅ Next: Chinameca, San Miguel, San Vicente, World Bank backed.

 

El Salvador is set to expand its renewable energy capacity with the inauguration of the 7-MW Berlin binary geothermal power plant, slated to go online later this year. This new addition marks a significant milestone in the country’s geothermal energy development, highlighting its commitment to sustainable energy solutions. The plant, which has already been installed and is currently undergoing testing, is expected to boost the nation’s geothermal capacity, contributing to its growing renewable energy portfolio.

The Role of Geothermal Energy in El Salvador’s Energy Mix

Geothermal energy plays a pivotal role in El Salvador's energy landscape. With the combined output from the Ahuachapan and Berlin geothermal plants, geothermal energy now accounts for about 21% of the country's net electricity supply. This makes geothermal the second-largest source of energy generation in El Salvador, underscoring its importance as a reliable and sustainable energy resource alongside emerging options like advanced nuclear microreactor technologies in the broader low-carbon mix.

In addition to the Berlin plant, El Salvador has made significant improvements to its Ahuachapan geothermal power plant. Recent upgrades have increased its generation capacity by 2 MW, further enhancing the country’s geothermal energy output. Together, the Ahuachapan and Berlin plants bring the total installed geothermal capacity to 204 MW, positioning El Salvador as a regional leader in geothermal energy development.

The Berlin Binary Geothermal Plant: A Technological Milestone

The Berlin binary geothermal power plant is especially noteworthy for several reasons. It is the first geothermal power plant to be constructed in El Salvador since 2007, marking a significant step in the country's ongoing efforts to expand its renewable energy infrastructure while reinforcing attention to risk management in light of Hawaii geothermal safety concerns reported elsewhere. The plant utilizes a binary cycle geothermal system, which is known for its efficiency in extracting energy from lower temperature geothermal resources, making it an ideal solution for regions like Berlin, where geothermal resources are abundant but at lower temperatures.

The plant was built by Turboden, an Italian company specializing in organic Rankine cycle (ORC) technology. The binary cycle system operates by transferring heat from the geothermal fluid to a secondary fluid, which then drives a turbine to generate electricity. This system allows for the efficient use of geothermal resources that might otherwise be too low in temperature for traditional geothermal plants, enabling pairing with thermal storage demonstration solutions to optimize output.

Future Geothermal Developments in El Salvador

El Salvador is not stopping with the Berlin geothermal plant. The country is actively working on other geothermal projects, including those in Chinameca, San Miguel, and San Vicente. These developments are expected to add 50 MW of additional capacity in their first phase, reflecting a broader shift as countries pursue hydrogen-ready power plants to reduce emissions, with a second phase, supported by the World Bank, planned to add another 100 MW.

The Chinameca, San Miguel, and San Vicente projects represent the next wave of geothermal development in El Salvador. When completed, these plants will significantly increase the country’s geothermal capacity, further diversifying its energy mix and reducing reliance on fossil fuels, and will require ongoing grid upgrades, a task complicated elsewhere by Germany grid expansion challenges highlighted in Europe.

International Support and Collaboration

El Salvador’s geothermal development efforts are supported by various international partners, including the World Bank, which has been instrumental in financing the expansion of geothermal projects, as utilities such as SaskPower geothermal plans in Canada explore comparable pathways. This collaboration highlights the global recognition of El Salvador’s potential in geothermal energy and its efforts to position itself as a hub for geothermal energy development in Central America.

Additionally, the country’s expertise in geothermal energy, especially in binary cycle technology, has attracted international attention. El Salvador’s progress in the geothermal sector could serve as a model for other countries in the region that are looking to harness their geothermal resources to reduce energy costs and promote sustainable energy development.

The upcoming launch of the Berlin binary geothermal power plant is a testament to El Salvador’s commitment to sustainable energy. As the country continues to expand its geothermal capacity, it is positioning itself as a leader in renewable energy in the region. The binary cycle technology employed at the Berlin plant not only enhances energy efficiency but also demonstrates El Salvador’s ability to adapt and innovate within the renewable energy sector.

With the continued development of projects in Chinameca, San Miguel, and San Vicente, and ongoing international collaboration, El Salvador’s geothermal energy sector is set to play a crucial role in the country’s energy future. As global demand for clean energy grows, exemplified by U.S. solar capacity additions this year, El Salvador’s investments in geothermal energy are helping to build a more sustainable, resilient, and energy-independent future.

 

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

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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