CMAJ article blames isotope crisis on supplier

Africa Energy Access Funding faces disbursement bottlenecks as SDG 7 goals demand investment in decentralized solar, minigrids, and rural electrification; COVID-19 pressures donors, requiring faster approvals, standardized documentation, and stronger project preparation and due diligence.

Key Points

Financing to expand Africa's electrification, advancing SDG 7 via disbursement to decentralized solar and minigrids.

✅ Accelerates investment for SDG 7 and rural electrification

✅ Prioritizes decentralized solar, minigrids, and utilities

✅ Speeds approvals, standard docs, and project preparation

The time frame from final funding approval to disbursement can be the most painful part of any financing process, and the access-to-electricity sector is not spared.

Amid the global spread of the coronavirus over the last few weeks, there have been several funding pledges to promote access to electricity in Africa. In March, the African Development Bank and other partners committed $160 million for the Facility for Energy Inclusion to boost electricity connectivity in Africa through small-scale solar systems and minigrids. Similarly, the Export-Import Bank of the United States allocated $91.5 million for rural electrification in Senegal.

Rockefeller chief wants to redefine 'energy poverty'

Rajiv Shah, president of The Rockefeller Foundation, believes that SDG 7 on energy access lacks ambition. He hopes to drive an effort to redefine it.

Currently, funding is not being adequately deployed to help achieve universal access to energy. The International Energy Agency’s “Africa Energy Outlook 2019” report estimated that an almost fourfold increase in current annual access-to-electricity investments — approximately $120 billion a year over the next 20 years — is required to provide universal access to electricity for the 530 million people in Africa that still lack it.

While decentralized renewable energy across communities, particularly solar, has been instrumental in serving the hardest-to-reach populations, tracking done by Sustainable Energy for All — in the 20 countries with about 80% of those living without access to sustainable energy — suggests that decentralized solar received only 1.2% of the total electricity funding.

The spread of COVID-19 is contributing significantly to Africa’s electricity challenges across the region, creating a surge in the demand for energy from the very important health facilities, an exponential increase in daytime demand as a result of most people staying and working indoors, and a rise from some food processing companies that have scaled up their business operations to help safeguard food security, among others. Thankfully — and rightly so — access-to-electricity providers are increasingly being recognized as “essential service” providers amid the lockdowns across cities.

To start tackling Africa’s electricity challenges more effectively, “funding-ready” energy providers must be able to access and fulfill the required conditions to draw down on the already pledged funding. What qualifies as “funding readiness” is open to argument, but having a clear, commercially viable business and revenue model that is suitable for the target market is imperative.

Developing the skills required to navigate the due-diligence process and put together relevant project documents is critical and sometimes challenging for companies without prior experience. Typically, the final form of all project-related agreements is a prerequisite for the final funding approval.

In addition, having the right internal structures in place — for example, controls to prevent revenue leakage, an experienced management team, a credible board of directors, and meeting relevant regulatory requirements such as obtaining permits and licenses — are also important indicators of funding readiness.

1. Support for project preparation. Programs — such as the Private Financing Advisory Network and GET.invest’s COVID-19 window — that provide business coaching to energy project developers are key to helping surmount these hurdles and to increasing the chances of these projects securing funding or investment. Donor funding and technical-assistance facilities should target such programs.

2. Project development funds. Equity for project development is crucial but difficult to attract. Special funds to meet this need are essential, such as the $760,000 for the development of small-scale renewable energy projects across sub-Saharan Africa recently approved by the African Development Bank-managed Sustainable Energy Fund for Africa.

3. Standardized investment documentation. Even when funding-ready energy project developers have secured investors, delays in fulfilling the typical preconditions to draw down funds have been a major concern. This is a good time for investors to strengthen their technical assistance by supporting the standardization of approval documents and funding agreements across the energy sector to fast-track the disbursement of funds.

4. Bundled investment approvals and more frequent approval sessions. While we implement mechanisms to hasten the drawdown of already pledged funding, there is no better time to accelerate decision-making for new access-to-electricity funding to ensure we are better prepared to weather the next storm. Donors and investors should review their processes to be more flexible and allow for more frequent meetings of investment committees and boards to approve transactions. Transaction reviews and approvals can also be conducted for bundled projects to reduce transaction costs.

5. Strengthened local capacity. African countries must also commit to strengthening the local manufacturing and technical capacity for access-to-electricity components through fiscal incentives such as extended tax holidays, value-added-tax exemptions, accelerated capital allowances, and increased investment allowances.

The ongoing pandemic and resulting impacts due to lack of electricity have further shown the need to increase the pace of implementation of access-to-electricity projects. We know that some of the required capital exists, and much more is needed to achieve Sustainable Development Goal 7 — about access to affordable and clean energy for all — by 2030.

It is time to accelerate our support for access-to-electricity companies and equip them to draw down on pledged funding, while calling on donors and investors to speed up their funding processes to ensure the electricity gets to those most in need.

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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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Canada Oil Recession Outlook analyzes the Russia-Saudi price war, OPEC discord, COVID-19 demand shock, WTI and WCS collapse, Alberta oilsands exposure, U.S. shale stress, and GDP risks from blockades and fiscal responses.

Key Points

An outlook on how the oil price war and COVID-19 demand shock could tip Canada into recession and strain producers.

✅ WTI and WCS prices plunge on OPEC-Russia discord

✅ Alberta oilsands face break-even pressure near 30 USD WTI

✅ RBC flags global recession; GDP hit from blockades, virus

A war between Russia and Saudi Arabia for market share for oil may have been triggered by the COVID-19 pandemic in China, but the oil price crash contagion that it will spread could have impacts that last longer than the virus.

The prospects for Canada are not good.

Plunging oil prices, reduced economic activity from virus containment, and the fallout from weeks of railway blockades over the Coastal GasLink pipeline all add up to “a one-two-three punch that I think is almost inevitably going to put Canada in a position where its growth has to be negative,” said Dan McTeague, a former Liberal MP and current president of Canadians for Affordable Energy. The situation “certainly has the makings” of a recession, said Ken Peacock, chief economist for the Business Council of British Columbia.

“At a minimum, it’s going to be very disruptive and we’re going to have maybe one negative quarter,” Peacock said. “Whether there’s a second one, where it gets labeled a recession, is a different question. But it’s going to generate some turmoil and challenges over the next two quarters – there’s no doubt about that.”

RBC Economics on March 13 announced it now predicts a global recession and cut its growth projections for Canada's economy in 2020 by half a per cent.

Oil price futures plunged 30% last week, dragging stock markets and currencies, including the Canadian dollar, down with them, even as a deep freeze strained U.S. energy systems. That drop came on top of a 17% decline in February, due to falling demand for oil due to the virus.

The latest price plunge – the worst since the 1991 Gulf War – was the result of Russia and the Organization of Petroleum Exporting Countries (OPEC), led by Saudi Arabia, failing to agree on oil production cuts.

The COVID-19 outbreak in China – the world’s second-largest oil consumer – had resulted in a dramatic drop in oil demand in that country, and a sudden glut of oil, with the U.S. energy crisis affecting electricity, gas and EV markets.

OPEC has historically been able to moderate global oil prices by controlling output. But when Russia refused to co-operate with OPEC and agree to production cuts, Saudi Arabia’s state-owned company, Aramco, announced it plans to boost its oil output from 9.7 million barrels per day (bpd) to 12.3 million bpd in April.

In response to that announcement, West Texas Intermediate (WTI) prices dropped 18% to below US$34 per barrel while the Canadian Crude Index fell 24% to US$21. Western Canadian Select dropped 39% to US$15.73.

The effect on Alberta oilsands producers was severe and immediate. Cenovus Energy Inc. (TSX:CVE) saw roughly $2 billion in market cap erased on March 9, when its stock dropped by 52%, which came on top of a 12% drop March 6.

The company responded the very next day by announcing it would cut spending by 32% in 2020, suspend its oil-by-rail program and defer expansion projects.

MEG Energy Corp. (TSX:MEG), which suffered a 56% share price drop on March 9, also announced a 20% reduction in its 2020 capital spending plan.

Peter Tertzakian, chief economist for ARC Energy Research Institute, wrote last week that Russia’s plan is to try to hurt U.S. shale oil producers, who have more than doubled U.S. oil production over the past decade.

Anas Alhajji, a global oil analyst, expects that plan could work. Even before the oil price shock, he had predicted the great shale boom in the U.S. was coming to an end.

“Shale production will decline, and the myth of ‘explosive growth’ will end,” he told Business in Vancouver. “The impact is global and Canadian producers might suffer even more if the oil that Saudi Arabia sends to the U.S. is medium and heavy. This might last longer than what people think.”

The question for Alberta is how Canadian producers can continue to operate through a period of cheap oil. Alberta producers do not compete on the global market. They serve a niche market of U.S. heavy oil refiners, and Biden-era policy is seen as potentially more favourable for Canada’s energy sector than alternatives.

“On the positive side, the industry is battle-hardened,” Tertzakian wrote. “Over the past five years, innovative companies have already learned to endure some of the lowest prices in the world.”

But he added that they need WTI prices of US$30 per barrel just to break even.

“But that’s an average break-even threshold for an industry with a wide variation in costs. That means at that level about half the companies can’t pay their bills and half are treading water.”

Just prior to the oil price plunge, the International Energy Agency (IEA) updated its 2020 forecast for global oil consumption from an 825,000 bpd increase in oil consumption to a 90,000 bpd decrease, due to the COVID-19 virus and consequent economic contraction and reduction in travel.

The IEA predicts global oil demand won’t return to “normal” until the second half of 2020. But even if demand does return to pre-virus levels, that doesn’t mean oil prices will – not if Saudi Arabia can sustain increased oil production at low prices, and evolving clean grid priorities could influence the trajectory too.

The oil plunge was greeted in Alberta with alarm. Alberta Premier Jason Kenney warned Alberta is in “uncharted territory” as consumers are urged to lock in rates and said his government might have to review its balanced budget and resort to emergency deficit spending.

While British Columbians – who pay some of the highest gasoline prices in North America – will enjoy lower gasoline prices at a time when prices are usually starting a seasonal spike, B.C.’s economy could feel knock-on effects from a recession in Alberta.

“We sell a lot of inputs, do a lot of trade with Alberta, so it’s important for B.C., Alberta’s economic health,” Peacock said, “and recent tensions over electricity purchase talks underscore that.”

Last week, the Trudeau government announced $1 billion in emergency funding to cope with the virus and waived a one-week waiting period for unemployment insurance.

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Just Transition for Coal and Nuclear Workers explains policy frameworks, compensation packages, retraining, and community support during decarbonization, plant closures, and energy shifts across Europe and the U.S., including Diablo Canyon and Uniper strategies.

Key Points

A policy approach to protect and retrain legacy power workers as coal and nuclear plants retire during decarbonization.

✅ Germany and Spain fund closures with compensation and retraining.

✅ U.S. lacks federal support; Diablo Canyon is a notable exception.

✅ Firms like Uniper convert coal sites to gas and clean energy roles.

The coronavirus pandemic has not changed the grim reality facing workers at coal and nuclear power plants in the U.S. and Europe. How those workers will fare in the years ahead will vary greatly based on where they live and the prevailing political winds.

In Europe, the retirement of aging plants is increasingly seen as a matter of national concern. Germany this year agreed to a €40 billion ($45 billion) compensation package for workers affected by the country's planned phaseout of coal generation by 2038, amid its broader exit from nuclear power as part of its energy transition. Last month the Spanish authorities agreed on a just transition plan affecting 2,300 workers across 12 thermal power plants that are due to close this year.

In contrast, there is no federal support plan for such workers in the U.S., said Tim Judson, executive director at the Maryland-based Nuclear Information and Resource Service, which lobbies for an end to nuclear and fossil-fuel power.

For all of President Donald Trump’s professed love of blue-collar workers in sectors such as coal, “where there are economic transitions going on, we’re terrible at supporting workers and communities,” Judson said of the U.S. Even at the state level, support for such workers is "almost nonexistent,” he said, “although there are a lot of efforts going on right now to start putting in place just transition programs, especially for the energy sector.”

One example that stands out in the U.S. is the support package secured for workers at utility PG&E's Diablo Canyon Power Plant, California's last operating nuclear power plant that is scheduled for permanent closure in 2025. “There was a settlement between the utility, environmental groups and labor unions to phase out that plant that included a very robust just transition package for the workers and the local community,” Judson said.

Are there enough clean energy jobs to replace those being lost?
Governments are more likely to step in with "just transition" plans where they have been responsible for plant closures in the first place. This is the case for California, Germany and Spain, all moving aggressively to decarbonize their energy sectors and pursue net-zero emissions policy goals.

Some companies are beginning to take a more proactive approach to helping their workers with the transition. German energy giant Uniper, for example, is working with authorities to save jobs by seeking to turn coal plants into lower-emissions gas-fired units.

Germany’s coal phaseout will force Uniper to shut down 1.5 gigawatts of hard-coal capacity by 2022, but the company has said it is looking at "forward-looking" options for its plants that "will be geared toward tomorrow's energy world and offer long-term employment prospects."

Christine Bossak, Uniper’s manager of external communications, told GTM this approach would be adopted in all the countries where Uniper operates coal plants.

Job losses are usually inevitable when a plant is closed, Bossak acknowledged. “But the extent of the reduction depends on the alternative possibilities that can be created at the site or other locations. We will take care of every single employee, should he or she be affected by a closure. We work with the works council and our local partners to find sustainable solutions.”

Diana Junquera Curiel, energy industry director for the global union federation IndustriALL, said such corporate commitments looked good on paper — but the level of practical support depends on the prevailing political sentiment in a country, as seen in Germany's nuclear debate over climate strategy.

Even in Spain, where the closure of coal plants was being discussed 15 years ago, a final agreement had to be rushed through at the last minute upon the arrival of a socialist government, Junquera Curiel said. An earlier right-wing administration had sat on the plan for eight years, she added.

The hope is that heel-dragging over just transition programs will diminish as the scale of legacy plant closures grows.

Nuclear industry facing a similar challenge as coal
One reason why government support is so important is there's no guarantee a burgeoning clean energy economy will be able to absorb all the workers losing legacy generation jobs. Although the construction of renewable energy projects requires large crews, it often takes no more than a handful of people to operate and maintain a wind or solar plant once it's up and running, Junquera Curiel observed.

Meanwhile, the job losses are unlikely to slow. In Europe, Austria and Sweden both closed their last coal-fired units recently, even as Europe loses nuclear capacity in key markets.

In the U.S., the Energy Information Administration's base-case prediction is that coal's share of power generation will fall from 24 percent in 2019 to 13 percent in 2050, while nuclear's will fall from 20 percent to 12 percent over that time horizon. The EIA has long underestimated the growth trajectory of renewables in the mix; only in 2020 did it concede that renewables will eventually overtake natural gas as the country's largest source of power.

The Institute for Energy Economics and Financial Analysis has predicted that even a coronavirus-inspired halt to renewables is unlikely to stop a calamitous drop in coal’s contribution to U.S. generation.

The nuclear sector faces a similar challenge as coal, albeit over a longer timeline. Last year saw the nuclear industry starting to lose capacity worldwide in what could be the beginning of a terminal decline, highlighted by Germany's shutdown of its last three reactors in 2023. Last week, the Indian Point Energy Center closed permanently after nearly half a century of cranking out power for New York City.*

“Amid ongoing debates over whether to keep struggling reactors online in certain markets, the industry position would be that governments should support continued operation of existing reactors and new build as part of an overall policy to transition to a sustainable clean energy system,” said Jonathan Cobb, senior communication manager at the World Nuclear Association.

If this doesn’t happen, plant workers will be hoping they can at least get a Diablo Canyon treatment. Based on the progress of just transition plans so far, that may depend on how they vote just as much as who they work for.

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Electrically Smart Roads integrate solar road surfaces, inductive charging, IoT sensors, AI analytics, and V2X to power lighting, deicing, and monitoring, reducing grid dependence while enabling dynamic EV charging and real-time traffic management.

Key Points

Electrically smart roads generate power, sense conditions, and charge EVs using solar, IoT, AI, and dynamic infrastructure.

✅ Solar surfaces, verges, and gantries generate on-site electricity

✅ Inductive lanes enable dynamic EV charging at highway speeds

✅ Embedded IoT sensors and AI deliver real-time traffic insights

As more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more.

That toll gate, street light and traffic monitoring system all need electricity. Later, roads that deice and charge vehicles at speed will need huge amounts of electricity. For now, electricity for road systems is provided by very expensive infrastructure to the grid, and grid flexibility for EVs remains a concern, except for a few solar/ wind street lights in China and Korea for example. However, as more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more. There is also highly speculative work in the USA and UK on garnering power from road surface movement using piezoelectrics and electrodynamics and even its heat. 

#google#

China plans to create an intelligent transport system by 2030. The country hopes to build smart roads that will not only be able to charge electric cars as they drive but also monitor temperature, traffic flow and weight load using artificial intelligence. Indeed, like France, the Netherlands and the USA, where U.S. EV charging capacity is under scrutiny, it already has trials of extended lengths of solar road which cost no more than regular roads. In an alternative approach, vehicles go under tunnels of solar panels that also support lighting, light-emitting signage and monitoring equipment using the electricity made where it is needed. See the IDTechEx Research report, Electrically Smart Roads 2018-2028 for more.

Raghu Das, CEO of IDTechEx says, "The spiral vertical axis wind turbines VAWT in Asia rarely rotate because they are too low but much higher versions are planned on large UK roadside vehicle charging centres that should work well. H shaped VAWT is also gaining traction - much slower and quieter than the propeller shape which vibrates and keeps you awake at night in an urban area.

The price gap between the ubiquitous polycrystalline silicon solar cell and the much more efficient single crystal silicon is narrowing. That means that road furniture such as bus shelters and smart gantries will likely go for more solar rather than adding wind power in many cases, a shift mirrored by connected solar tech in homes, because wind power needs a lot of maintenance and its price is not dropping as rapidly."

The IDTechEx Research report, Off Grid Electric Vehicle Charging: Zero Emission 2018-2028 analyses that aspect, while vehicle-to-grid strategies may complement grid resources. The prototype of a smart road is already in place on an expressway outside of Jinan, providing better traffic updates as well as more accurate mapping. Verizon's IoT division has launched a project around intelligent asphalt, which it thinks has the potential to significantly reduce fossil fuel emissions and save time by reducing up to 44% of traffic backups. It has partnered with Sacramento, California, to test this theory.

"By embedding sensors into the pavement as well as installing cameras on traffic lights, we will be able to study and analyze the flow of traffic. Then, we will take all of that data and use it to optimize the timing of lights so that traffic flows easier and travel times are shorter," explains Sean Harrington, vice president of Verizon Smart Communities.

Colorado's Department of Transportation has recently announced its intention to be the first state to pilot smart roads by striking a five-year deal with a smart road company to test the technology. Like planned auto-deicing roads elsewhere, the aim of this project is, first and foremost, to save lives. The technology will detect when a car suddenly leaves a road and send emergency assistance to the area. The IDTechEx Research report Electrically Smart Roads 2018-2028 describes how others work on real time structural monitoring of roads and embedded interactive lighting and road surface signage.

"Smart pavement can make that determination and send that information directly into a vehicle," Peter Kozinski, director of CDOT's RoadX division, tells the Denver Post. "Data is the new asphalt of transportation."   Sensors, processors and other technology are embedded in the Colorado road to extend capability beyond accidents and reach into better road maintenance. Fast adoption relies on the ability to rapidly install sensor-laden pavement or lay concrete slabs. Attention therefore turns to fast adaptation of existing roads. Indeed, even for the heavy coil arrays used for dynamic vehicle charging, even as state power grids face new challenges, in Israel there are machines that can retrofit into the road surface at a remarkable two kilometres of cut and insert in a day.

"It's hard to imagine that these things are inexpensive, with all the electronics in them," Charles Schwartz, a professor of civil and environmental engineering at the University of Maryland, tells the Denver Post concerning the vehicle sensing project, "but CDOT is a fairly sophisticated agency, and this is an interesting pilot project. We can learn a lot, even if the test is only partially successful."

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Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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