Drawing coal's battle lines

By McClatchy Tribune News


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An environmental group's protest in downtown Houston put a spotlight on the debate over coal - which generates half the nation's electricity but also contributes to climate change.

The Sierra Club said it is launching a national campaign against coal-fired plants by Houston-based Dynegy and punctuated the announcement with a rally outside the company's headquarters. Dynegy, which has as many as six coal-fired plants in its construction plans, responded that it must meet the growing demand for electricity in the short term while long-term alternative energy sources are still being developed.

"It would take a lot of wind to meet those needs," Dynegy spokesman David Byford said. "This is really part of a larger national debate on the country's future and meeting its energy needs." About 40 protesters carried picket signs and chanted "dirty coal has got to go" to mark the start of the campaign.

"The tide is turning against coal-burning power plants," said Bruce Nilles, director of the Sierra Club's National Coal Campaign. "Dynegy is a conspicuous exception to that trend."

Nearly a year ago, Dynegy was talking about building eight coal plants, and CEO Bruce Williamson met with environmentalists to discuss alternatives. Since then, the company dropped plans for two coal plants, Byford said.

Dynegy has two coal-fired plants under construction. One is near Waco, and the second is in Arkansas. Proposed plants in Georgia, Iowa, Michigan and Nevada are in various stages of planning and permitting, Byford said, but they ultimately might use othe fuels.

"It's very flexible," he said. "It's dependent on what customers are asking for." He said the company had planned to build a coal plant in New Jersey but switched it to natural gas because it could be built faster to meet an immediate demand for electricity. Coal is central to discussion of U.S. energy and environmental policy, because coal-fired power plants emit air pollutants as well as the greenhouse gas carbon dioxide. Dallas-based TXU had proposed 11 new coal plants in Texas, drawing bitter opposition from environmentalists, and reduced its proposal to three plants last year as it was acquired by a private equity firm.

And Williamson, the Dynegy CEO, met with Sierra Club members last year after his company acquired the generating capacity of LS Power Group, including plans for eight coal-fired plants. He said then, as Byford did, that the company might not develop all the proposed coal-fired plants. Expected legislation almost certainly will influence those decisions by Dynegy and others.

Congress is working on a cap-and-trade mechanism that would put limits on greenhouse emissions from coal plants and other facilities while allowing companies to trade emissions permits. The top presidential candidates - Republican John McCain and Democrats Hillary Rodham Clinton and Barack Obama - all support versions of the cap-and-trade proposal.

Earlier in February, three major Wall Street banks - Citigroup, JP Morgan Chase and Morgan Stanley - announced they will review more carefully financing requests for power plants that emit greenhouse gases because federal regulation could make them financially riskier.

That could make it more difficult to get financing for coal plants, said Rebecca Tarbotton, director of the Rainforest Action Network's Global Finance Campaign. Byford said the company already has secured financing for the Arkansas and Texas projects under construction but hasn't yet sought financing for the other four plants.

The industry, meanwhile, is developing technology that shrinks carbon dioxide emissions or stores the gas underground, speakers said at the Cambridge Energy Research Associates' conference in Houston.

Rice University energy economist Peter Hartley said the Sierra Club's campaign oversimplifies the problem and solution.

"Most sides in this debate want to shout one way or the other when it's really more nuanced," he said. "Nothing is a silver bullet." The extent to which carbon dioxide contributes to climate change is debatable, he said. Plus, solar, wind and geothermal power are years away from being viable and reliable large-scale energy sources, he said.

A better short-term fix would be to tax energy to encourage better efficiency and conservation, Hartley said, with the revenue devoted to research on clean energy production.

But Ron Hayden, a Sierra Club member who protested at Dynegy, said "clean coal is a disinformation campaign."

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WEC Energy Group to buy 80% stake in Illinois wind farm for $345 million

WEC Energy Blooming Grove Investment underscores Midwest renewable energy growth, with Invenergy, GE turbines, and 250 MW wind power capacity, tax credits, PPAs, and utility-scale generation supplying corporate offtakers via long-term contracts.

 

Key Points

It is WEC Energy's $345M purchase of an 80% stake in Invenergy's 250 MW Blooming Grove wind farm in Illinois.

✅ 94 GE turbines; 250 MW utility-scale wind capacity

✅ Output contracted to two multinational offtakers

✅ Eligible for 100% bonus depreciation and wind tax credits

 

WEC Energy Group, the parent company of We Energies, is buying an 80% stake in a wind farm, as seen with projects like Enel's 450 MW wind farm coming online, in McLean County, Illinois, for $345 million.

The wind farm, known as the Blooming Grove Wind Farm, is being developed by Invenergy, which recently completed the largest North American wind build with GE partners, a company based in Chicago that develops wind, solar and other power projects. WEC Energy has invested in several wind farms developed by Invenergy.

With the agreement announced Monday, WEC Energy will have invested more than $1.2 billion in wind farms in the Midwest, echoing heartland investment growth across the region. The power from the wind farms is sold to other utilities or companies, as federal initiatives like DOE wind awards continue to support innovation, and the projects are separate from the investments made by WEC Energy's regulated utilities, such as We Energies, in wind power.

The project, which will consist of 94 wind turbines from General Electric, is expected to be completed this year, similar to recent project operations in the sector, and will have a capacity of 250 megawatts, WEC said in a news release.

Affiliates of two undisclosed multinational companies akin to EDF's offshore investment activity have contracted to take all of the wind farm's output.

The investment is expected to be eligible for 100% bonus depreciation and, as wind economics help illustrate key trends, the tax credits available for wind projects, WEC Energy said.

 

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Trump's Pledge to Scrap Offshore Wind Projects

Trump Offshore Wind Pledge signals a push for deregulation over renewable energy, challenging climate policy, green jobs, and coastal development while citing marine ecosystems, navigation, and energy independence amid state-federal permitting and legal hurdles.

 

Key Points

Trump's vow to cancel offshore wind projects favors deregulation and fossil fuels, impacting climate policy and jobs.

✅ Day-one plan to scrap offshore wind leases and permits

✅ Risks to renewable targets, grid mix, and coastal supply chains

✅ Likely court fights and state-federal regulatory conflicts

 

During his tenure as President of the United States, Donald Trump made numerous promises and policy proposals, many of which sparked controversy and debate. One such pledge was his vow to scrap offshore wind projects on "day one" of his presidency. This bold statement, while appealing to certain interests, raised concerns about its potential impact on U.S. offshore wind growth and environmental conservation efforts.

Trump's opposition to offshore wind projects stemmed from various factors, including his skepticism towards renewable energy, even as forecasts point to a $1 trillion offshore wind market in coming years, concerns about aesthetics and property values, and his focus on promoting traditional energy sources like coal and oil. Throughout his presidency, Trump prioritized deregulation and sought to roll back environmental policies introduced by previous administrations, arguing that they stifled economic growth and hindered American energy independence.

The prospect of scrapping offshore wind projects drew mixed reactions from different stakeholders. Supporters of Trump's proposal pointed to potential benefits such as preserving scenic coastal landscapes, protecting marine ecosystems, and addressing concerns about navigational safety and national security. Critics, however, raised valid concerns about the implications of such a decision on the renewable energy sector, including progress toward getting 1 GW on the grid nationwide, climate change mitigation efforts, and job creation in the burgeoning green economy.

Offshore wind energy has emerged as a promising source of clean, renewable power with the potential to reduce greenhouse gas emissions and diversify the energy mix. Countries like Denmark, the United Kingdom, and Germany have made significant investments in offshore wind in Europe, demonstrating its viability as a sustainable energy solution. In the United States, offshore wind projects have gained traction in states like Massachusetts, New York, and New Jersey, where coastal conditions are conducive to wind energy generation.

Trump's pledge to scrap offshore wind projects on "day one" of his presidency raised questions about the feasibility and legality of such a move. While the president has authority over certain aspects of energy policy and regulatory oversight, the development of offshore wind projects often involves multiple stakeholders, including state governments, local communities, private developers, and federal agencies, and actions such as Interior's move on Vineyard Wind illustrate federal leverage in permitting. Any attempt to halt or reverse ongoing projects would likely face legal challenges and regulatory hurdles, potentially delaying or derailing implementation.

Moreover, Trump's stance on offshore wind projects reflected broader debates about the future of energy policy, environmental protection, and economic development. While some argued for prioritizing fossil fuel extraction and traditional energy infrastructure, others advocated for a transition towards clean, renewable energy sources, drawing on lessons from the U.K. about wind deployment, to mitigate climate change and promote sustainable development. The Biden administration, which succeeded the Trump presidency, has signaled a shift towards a more climate-conscious agenda, including support for renewable energy initiatives and commitments to rejoin international agreements like the Paris Climate Accord.

In hindsight, Trump's pledge to scrap offshore wind projects on "day one" of his presidency underscores the complexities of energy policy and the importance of balancing competing interests and priorities. While concerns about aesthetics, property values, and environmental impact are valid, addressing the urgent challenge of climate change requires bold action and innovation in the energy sector. Offshore wind energy presents an opportunity, as seen in the country's biggest offshore wind farm approved in New York, to harness the power of nature in a way that is both environmentally responsible and economically beneficial. As the United States navigates its energy future, finding common ground and forging partnerships will be essential to ensure a sustainable and prosperous tomorrow.

 

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Oil crash only a foretaste of what awaits energy industry

Oil and Gas Profitability Decline reflects shale-driven oversupply, OPEC-Russia dynamics, LNG exports, renewables growth, and weak demand, signaling compressed margins for producers, stressed petrodollar budgets, and shifting energy markets post-Covid.

 

Key Points

A sustained squeeze on hydrocarbon margins from agile shale supply, weaker OPEC leverage, and expanding renewables.

✅ Shale responsiveness caps prices and erodes industry rents

✅ OPEC-Russia cuts face limited impact versus US supply

✅ Renewables and EVs slow long-term oil and gas demand

 

The oil-price crash of March 2020 will probably not last long. As in 2014, when the oil price dropped below $50 from $110 in a few weeks, this one will trigger a temporary collapse of the US shale industry. Unless the coronavirus outbreak causes Armageddon, cheap oil will also support policymakers’ efforts to help the global economy.

But there will be at least one important and lasting difference this time round — and it has major market and geopolitical implications.

The oil price crash is a foretaste of where the whole energy sector was going anyway — and that is down.

It may not look that way at first. Saudi Arabia will soon realise, as it did in 2015, that its lethal decision to pump more oil is not only killing US shale but its public finances as well. Riyadh will soon knock on Moscow’s door again. Once American shale supplies collapse, Russia will resume co-operation with Saudi Arabia.

With the world economy recovering from the Covid-19 crisis by then, and with electricity demand during COVID-19 shifting, moderate supply cuts by both countries will accelerate oil market recovery. In time, US shale producers will return too.

Yet this inevitable bounceback should not distract from two fundamental factors that were already remaking oil and gas markets. First, the shale revolution has fundamentally eroded industry profitability. Second, the renewables’ revolution will continue to depress growth in demand.

The combined result has put the profitability of the entire global hydrocarbon industry under pressure. That means fewer petrodollars to support oil-producing countries’ national budgets, including Canada's oil sector exposures. It also means less profitable oil companies, which traditionally make up a large segment of stock markets, an important component of so many western pension funds.

Start with the first factor to see why this is so. Historically, the geological advantages that made oil from countries such as Saudi Arabia so cheap to produce were unique. Because oil and gas were produced at costs far below the market price, the excess profits, or “rent”, enjoyed by the industry were very large.

Furthermore, collusion among low-cost producers has been a winning strategy. The loss of market share through output cuts was more than compensated by immediately higher prices. It was the raison d’être of Opec.

The US shale revolution changed all this, exposing the limits of U.S. energy dominance narratives. A large oil-producing region emerged with a remarkable ability to respond quickly to price changes and shrink its costs over time. Cutting back cheap Opec oil now only increases US supplies, with little effect on world prices.

That is why Russia refused to cut production this month. Even if its cuts did boost world prices — doubtful given the coronavirus outbreak’s huge shock to demand — that would slow the shrinkage of US shale that Moscow wants.

Shale has affected the natural gas industry even more. Exports of US liquefied natural gas now put an effective ceiling on global prices, and debates over a clean electricity push have intensified when gas prices spike.

On top of all this, there is also the renewables’ revolution, though a green revolution has not been guaranteed in the near term. Around the world, wind and solar have become ever-cheaper options to generate electricity. Storage costs have also dropped and network management improved. Even in the US, renewables are displacing coal and gas. Electrification of vehicle fleets will damp demand further, as U.S. electricity, gas, and EVs face evolving pressures.

Eliminating fossil fuel consumption completely would require sustained and costly government intervention, and reliability challenges such as coal and nuclear disruptions add to the complexity. That is far from certain. Meanwhile, though, market forces are depressing the sector’s usual profitability.

The end of oil and gas is not immediately around the corner. Still, the end of hydrocarbons as a lucrative industry is a distinct possibility. We are seeing that in dramatic form in the current oil price crash. But this collapse is merely a message from the future.

 

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Atlantica - Regulatory Reform To Bring Greener Power To Atlantic Canada

Atlantic Canada Energy Regulatory Reform accelerates smart grids, renewables, hydrogen, and small modular reactors to meet climate targets, enabling interprovincial transmission, EV charging, and decarbonization toward a net-zero grid by 2035 with agile, collaborative policies.

 

Key Points

A policy shift enabling smart grids, clean energy, and transmission upgrades to decarbonize Atlantic Canada by 2035.

✅ Agile rules for smart grids, EV load, and peak demand balancing

✅ Interprovincial transmission: Maritime Link, NB-PEI, Atlantic Loop

✅ Supports hydrogen, SMRs, and renewables to cut GHG emissions

 

Atlantica Centre for Energy Senior Policy Consultant Neil Jacobsen says the future of Atlantic Canada’s electricity grid depends on agile regulations, supported by targeted research such as the $2M Atlantic grid study, that match the pace at which renewable technologies are being developed in the race to meet Canada’s climate goals.

In an interview, Jacobsen stressed the need for a more modernized energy regulatory framework, so the Atlantic Provinces can collaborate to quickly develop and adopt cleaner energy.

To this end, Atlantica released a paper that makes the case for responsive smart grid technology, the adaptation of alternative forms of clean energy, the adaptation of hydrogen as an energy source, petroleum price regulation in Atlantic Canada and small modular reactors.

Jacobsen said regulations need to match Canada’s urgency around reducing greenhouse gas emissions by 40 to 45 percent by 2030, achieving a net-neutral national power grid by 2035 and ultimately a net-zero grid by 2050 in Canada – and the goal that 50 percent of Canadian vehicle sales being electric by 2030.

“It’s an evolution of policy and regulations to adapt to a very aggressive timeline of aggressive climate change and decarbonization targets,” said Jacobsen.

“These are transformational energy and environmental commitments, so the path forward really requires the ability to introduce and adapt and move forward with new clean renewable energy technologies.”

Jacobsen said Atlantica’s recommendations are not a criticism of existing regulations– but an acknowledgment that they need to evolve.

He noted newer, clearer regulations will make way for new energy sources – particularly a region that has the countries highest rates of dependency on fossil fuels and growing climate risks, with Atlantic grids under threat from more intense storms.

“We have a long way to go, but at the same time, we have a lot to celebrate. Atlantic Canada is leading the country in reducing greenhouse gas emissions,” said Jacobsen.

“There are new ways of producing energy that requires us to be able to be much more responsive and this is an opportunity to create a higher level of alignment here, in Atlantic Canada.”

Jacobsen said Atlantica is looking to aid interprovincial cooperation in providing power, echoing calls for a western Canadian grid elsewhere, through projects like the 500-megawatt, 170-kilometre Maritime Link that transports power from the Muskrat Falls hydroelectric dam in Labrador, through Newfoundland and across the Cabot Strait, to Nova Scotia – or NB Power’s export of electricity to P.E.I., via sub-sea cables crossing the Northumberland Strait.

He noted streamlined regulations may allow for more potential wider-scale partnerships, like the proposed Atlantic Loop project, aligning with macrogrid investments that would involve upgrading transmission capacity on the East Coast to allow hydroelectric power from Labrador and Quebec to displace coal use in the region.

Atlantic Canada has led the way with adaption new renewable technologies, noted Jacobsen, referring to nuclear startups Moltex Energy and ARC Nuclear Canada’s efforts to develop small modular nuclear reactor technology in New Brunswick, as well as the potential of adopting hydrogen fuel technology and Nova Scotia’s strides in developing offshore renewable energy.

“I don’t think we have any choice other than to be forceful and aggressive in driving forward a renewable energy agenda.”

Jacobsen said cooperation between the Atlantic provinces is crucial because of how challenging it is to meet energy demand with heavy seasonal and daily variations in energy demand in the region – something smart grid technology could address.

Smart Grid Atlantic is a four-year research and demonstration program testing technologies that provide cleaner local power, support a smarter electricity infrastructure across the region, more renewable power, more information and control over power use and more reliable electricity.

“It can be challenging for utilities to meet those cyclical demands, especially as grids are increasingly exposed to harsh weather across Canada. Smart girds add knowledge of the flow of electrons in a way that can help even out those electricity demands – and quite frankly, those demands will only increase when you look at the electrification of the transportation sector,” he said.

Jacobsen said Atlantica’s paper and call for modernized regulations are only the beginning of a conversation.

 

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Ontario utilities team up to warn customers about ongoing scams

Ontario Utility Scam Alert: protect against phishing, spoofed calls, texts, and emails, disconnection threats, and demands for prepaid cards or bitcoin. Tips from Alectra, Elexicon, Hydro One, Hydro Ottawa, and Toronto Hydro.

 

Key Points

A joint warning by Ontario utilities on tactics and steps to prevent customer fraud, phishing, and spoofed contacts.

✅ Verify bills; call your utility using the official number.

✅ Ignore links; do not accept unexpected e-transfers.

✅ Never pay with gift cards, prepaid cards, or bitcoin.

 

Five of Ontario's largest utilities have joined forces to raise awareness about ongoing sophisticated utility scams targeting utility customers.

Some common tactics fraudsters use to target Ontarians include impersonation of the local utility or its employees; sending threatening phone calls, texts and emails; or showing up in-person at a customer's home or business and requesting personal information or payment. The requests can include pressure for immediate payment, threats to disconnect service the same day, and demands to purchase prepaid debit cards, gift cards or bitcoin.

The utilities are encouraging all customers to protect themselves and are providing them with the following tips to stay safe, noting that customers want more choice and flexibility in how they manage accounts:

  • Never make a payment for a charge that isn't listed on your most recent bill
  • Ignore text messages or emails with suspicious links promising refunds
  • Don't call the number provided to you — instead, call your utility directly to check the status of your account
  • Only provide personal information or details about your account when you have initiated the contact with the utility representative  
  • Utility companies will never threaten immediate disconnection for non-payment, and many offer relief programs during hardship
  • If you feel threatened in any way, contact your local police
  • Steps you can take to protect yourself against fraud:

Take five minutes to ask additional questions and listen to your instincts — if something doesn't seem right, ask someone about it, and look for news of official utility support efforts that confirm legitimate outreach

  • Immediately hang up on suspicious phone calls
  • Don't click any links in emails/text messages asking you to accept electronic transfers
  • Avoid sharing personal information
  • Always compare bills to previous ones, including the dollar amount and account number, and stay informed about any official rate changes from your utility
  • Reporting suspicious behaviour, including suspected electricity theft, helps authorities

If you believe you may be a victim of fraud, please contact the Canadian Anti-Fraud Centre at 1-888-495-8501 and your local utility.

Customers can find more information at:

  • Alectra Utilities
  • Elexicon Energy
  • Hydro One
  • Hydro Ottawa 
  • Toronto Hydro

 

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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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