Carbon capture CanadaÂ’s best hope to meet Kyoto targets

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The basic principle - when you make a mess you clean it up - applies to countries as well as children. And that's the idea behind carbon carbon capture and storage.

A just-released federal-Alberta committee report says urgent action is required to ensure that Canada starts mopping up after itself on the carbon emissions front.

It notes that carbon capture, or sequestration, could become Canada's ticket to meeting its greenhouse gas reduction targets under the Kyoto Protocol. Specifically, by 2050, carbon capture could address about 40 per cent of Canada's projected emissions.

Realistically, this may be our best hope of meeting targets that will force emissions reductions of between 60 and 70 by mid-century. Canada has promised by 2020 to reduce emissions from current levels by 20 per cent.

Put those reduction promises against the fact that our emissions are up by more than 25 per cent since 1990, and the challenge facing Canadian politicians is apparent.

There's no getting away from the fact that this is a country rich in oil, natural gas and coal resources, all of which spew the stuff that's creating climate havoc around the world.

The oilsands north of Edmonton in particular are problematic in that they've turned Alberta into the pollution champion of Canada. That province alone accounts for a third of the country's greenhouse gas emissions.

The report, nearly a year in the making, asserts that creating carbon capture and storage technology is as vital a national infrastructure project for Canada as was the national railway. As worthy of funding from taxpayers as the Hibernia oil field off Newfoundland, as electricity transmission grids and natural gas and oil pipelines.

It proposes three to five carbon-capture projects by 2015, at a projected cost of $2 billion.

Carbon capture, endorsed by the Intergovernmental Panel on Climate Change, is already in use on a limited basis around the globe.

It works by way of trapping carbon dioxide at the point of pollution, compressing it into pipelines and shipping it to disposal sites where it's injected into underground caverns.

The 55-page report, titled Canada's Fossil Energy Future, asserts carbon capture is "a natural fit for Canada," endowed with underground stable sedimentary rock formations ideal for carbon dioxide storage.

It's "an opportunity for the country and its industrial sectors to become world leaders." Sounds good. But of course there's what the report terms "a financial gap."

It goes on to argue that, as a national building initiative, carbon capture technology is the responsibility of all Canadians.

That viewpoint is not surprising since the committee itself was jointly sponsored by the federal and Alberta governments.

But an excellent case can be made that Alberta should pick up the lion's share of the tab to create this tidbit of technology.

After all, Wild Rose Country is in danger of growing out of sync economically with other provinces, developing a fatcat reputation as it continues to be the prime beneficiary of Canada's oil industry as well as the largest contributor among provinces to the greenhouse gas emissions problem.

Alberta is the only jurisdiction in Canada to be debt free and running huge surpluses.

Other provinces, appropriately, don't expect Alberta to pass along any of its oil wealth beyond contributing its share of equalization money.

Carbon capture presents an opportunity for Alberta to create some goodwill for itself across the country by providing funding for an innovation that's badly needed in its own backyard.

Edmonton has been lagging on the goodwill front. Last week, Premier Ed Stelmach up and left a provincial meeting of premiers aimed at discussing greenhouse gas emissions.

At the meeting, four of his fellow premiers pledged to develop a cap-and-trade carbon market scheme to help Canada meet its greenhouse gas reduction targets under Kyoto.

Interestingly, environmental groups are turning thumbs down on national funding for carbon capture. They fear the new technology would provide an outlet that will do nothing to encourage energy conservation.

But there's another issue. As John Bennett, director of climateforchange.ca, has stated, the highly profitable industries doing the polluting should take their share of the responsibility.

"The concept of polluter pay is apparently too complicated for the oil industry."

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Here are 3 ways to find out where your electricity comes from

US energy mix shows how the electric grid blends renewables, fossil fuels, nuclear, and hydro, varying by ISO/RTO markets, utilities, and state policies, affecting carbon emissions, pricing, reliability, and access.

 

Key Points

The US energy mix is the grid's source breakdown by region: fossil fuels, renewables, nuclear, and hydro.

✅ Check ISO or RTO dashboards for real-time generation by fuel source.

✅ Utilities may offer green power plans or RECs at modest premiums.

✅ Energy mix shifts with policy, pricing, and grid reliability needs.

 

There are few resources more important than energy. Sure, you may die if you don't eat for days. But your phone will die if you go too long without charging it. Energy feeds tech, the internet, city infrastructure, refrigerators, lights, and has evolved throughout U.S. history in profound ways. You get the idea. Yet unlike our other common needs, such as food, energy sources aren't exactly front of mind for most people. 

"I think a lot of people don't put a lot of bandwidth into thinking about this part of their lives," said Richard McMahon, the SVP of energy supply and finance at Edison Electric Institute, a trade group that represents investor-owned electric companies in the US. 

It makes sense. For most Americans, electricity is always there, and in many locations, there's not much of a choice involved, even as electricity demand is flat across the U.S. today. You sign up with a utility when you move into a new residence and pay your bills when they're due. 

But there's an important reality that indifference eschews: In 2018, a third of the energy-related carbon-dioxide emissions in the US came from the electric power sector, according to the US Energy Information Administration (EIA). 

A good chunk of that is from the residential sector, which consistently uses more energy than commercial customers, per EIA data.

Just as many people exercise choice when they eat, you typically also have a choice when it comes to your energy supply. That's not to say your current offering isn't what you want, or that switching will be easy or affordable, but "if you're a customer and want power with a certain attribute," McMahon said, "you can pretty much get it wherever you are." 

But first, you need to know the energy mix you have right now. As it turns out, it's not so straightforward. At all.

This brief guide may help. 

For some utility providers, you can find out if it publishes the energy mix online. Dominion Energy, which serves Idaho, North Carolina, Ohio, South Carolina, Utah, Virginia, West Virginia, and Wyoming, provides this information in a colored graphic. 

"Once you figure out who your utility is you can figure out what mix of resources they use," said Heidi Ratz, an electricity markets researcher at the World Resources Institute.

But not all utilities publish this information.

It has to do with their role in the grid and reflects utility industry trends in structure and markets. Some utility companies are vertically integrated; they generate power through nuclear plants or wind farms and distribute those electrons directly to their customers. Other utilities just distribute the power that different companies produce. 

Consider Consolidated Edison, or Con Ed, which distributes energy to parts of New York City. While reporting this story, Business Insider could not find information about the utility's energy mix online. When reached for comment, a spokesperson said, "we're indifferent to where it comes from."

That's because, in New York, distribution utilities like Con Ed often buy energy through a wholesale marketplace.

Take a look at this map. If you live in one of the colored regions, your electricity is sold on a wholesale market regulated by an organization called a regional transmission organization (RTO) or independent system operator (ISO). Distribution utilities like Con Ed often buy their energy through these markets, based on availability and cost, while raising questions about future utility revenue models as prices shift. 

Still, it's pretty easy to figure out where your energy comes from. Just look up the ISO or RTO website (such as NYISO or CAISO). Usually, these organizations will provide energy supply information in near-real time. 

That's exactly what Con Edison (which buys energy on the NYISO marketplace) suggested. As of Friday morning, roughly 40% of the energy on the market place was natural gas or other fossil fuels, 34% was nuclear, and about 22% was hydro. 

If you live in another region governed by an ISO or RTO, such as in most of California, you can do the same thing. Like NYISO, CAISO has a dashboard that shows (again, as of Friday morning) about 36% of the energy on the market comes from natural gas and more than 20% comes from renewables. 

In the map linked above, you'll notice that some of the ISOs and RTOs like MISO encompass enormous regions. That means that even if you figure out where the energy in your market comes from, it's not going to be geographically specific. But there are a couple of ways to drill down even further. 

The Environmental Protection Agency has a straightforward tool called Power Profiler. You can enter your zip code to see the fuel mix in your area. But it's not perfect. The data are from 2016 and, in some regions of the country like the upper Midwest, they aren't much more localized, and some import dirty electricity due to regional trading. 

The World Resources Institute also has a tool that allows you to see the electricity mix by state, based on 2017 data from EIA. These numbers represent power generation, not the electricity actually flowing into your sockets, but they offer a rough idea of what energy resources are operating in your state. 

One option is to check with your utility to see if it has a "green power" offering. Over 600 utilities across the country have one, according to the Climate Reality Project, though they often come at a slightly higher cost. It's typically on the scale of just a few more cents per kilowatt-hour. 

There are also independent, consumer-facing companies like Arcadia and Green Mountain Energy that allow you to source renewable energy, by virtually connecting you to community solar projects or purchasing Renewable Energy Certificates, or RECs, on your behalf, as America goes electric and more options emerge. 

"RECs measure an investment in a clean energy resource," Ratz said, in an email. "The goal of putting that resource on the grid is to push out the need for dirtier resources."

The good news: Even if you do nothing, your energy mix will get cleaner. Coal production has fallen to lows not seen since the 1980s, amid disruptions in coal and nuclear sectors that affect reliability and costs, while renewable electricity generation has doubled since 2008. So whether you like it or not, you'll be roped into the clean energy boom one way or another. 

 

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More Polar Vortex 2021 Fallout (and Texas Two-Step): Monitor For ERCOT Identifies Improper Payments For Ancillary Services

ERCOT Ancillary Services Clawback and VOLL Pricing summarize PUCT and IMM actions on load shed, real-time pricing adders, clawbacks, and settlement corrections after the 2021 winter storm in the Texas power grid market.

 

Key Points

Policies addressing clawbacks for unprovided AS and correcting VOLL-based price adders after load shed ended in ERCOT.

✅ PUCT ordered clawbacks for ancillary services not delivered.

✅ IMM urged price correction after firm load shed ceased.

✅ ERCOT's VOLL adder raised costs by $16B during 32 hours.

 

Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a report with the Public Utility Commission of Texas (PUCT) that certain payments were made by ERCOT for Ancillary Services (AS) that were not provided, even as ERCOT later issued a winter reliability RFP to procure capacity during subsequent seasons.

According to the IMM (emphasis added):

There were a number of instances during the operating days outlined above in which AS was not provided in real time because of forced outages or derations. For market participants that are not able to meet their AS responsibility, typically the ERCOT operator marks the short amount in the software. This causes the AS responsibility to be effectively removed and the day-ahead AS payment to be clawed back in settlement. However, the ERCOT operators did not complete this task during the winter event, echoing issues like the Ontario IESO phantom demand that cost customers millions, and therefore the "failure to provide" settlements were not invoked in real time.

Removing the operator intervention step and automating the "failure to provide" settlement was contemplated in NPRR947: Clarification to Ancillary Service Supply Responsibility Definition and Improvements to Determining and Charging for Ancillary Service Failed Quantities; however, the NPRR was withdrawn in August 2020 amid ongoing market reform discussions because of the system cost, some complexities related to AS trades, and the implementation of real-time co-optimization.

Invoking the "failure to provide" settlement for all AS that market participants failed to provide during the operating days outlined above will produce market outcomes and settlements consistent with underlying market principles. In this case, the principle is that market participants should not be paid for services that they do not provide, even as a separate ruling found power plants exempt from providing electricity in emergencies under Texas law, underscoring the distinction between obligations and settlements. Whether ERCOT marked the short amount in real-time or not should not affect the settlement of these ancillary services.

On March 3, 2021, the PUCT ordered (a related press release is here) that:

ERCOT shall claw back all payments for ancillary service that were made to an entity that did not provide its required ancillary service during real time on ERCOT operating days starting February 14, 2021 and ending on February 19,2021.

On March 4, 2021, the IMM filed another report and recommended that:

the [PUCT] direct ERCOT to correct the real-time prices from 0:00 February 18,2021, to 09:00 February 19, 2021, to remove the inappropriate pricing intervention that occurred during that time period.

The IMM approvingly noted the PUCT's February 15, 2021 order, which mandated that real-time energy prices reflect firm load shed by setting prices at the value of lost load (VOLL).1

According to the IMM (emphasis added):

This is essential in an energy-only market, like ERCOT's, where the Texas power grid faces recurring crisis risks, because it provides efficient economic signals to increase the electric generation needed to restore the load and service it reliably over the long term.

Conversely, it is equally important that prices not reflect VOLL when the system is not in shortage and load is being served, and experiences in capacity markets show auction payouts can fall sharply under different conditions. The Commission recognized this principle in its Order, expressly stating it is only ERCOT's out-of-market shedding firm load that is required to be reflected in prices. Unfortunately, ERCOT exceeded the mandate of the Commission by continuing to set process at VOLL long after it ceased the firm load shed.

ERCOT recalled the last of the firm load shed instructions at 23:55 on February 17, 2021. Therefore, in order to comply with the Commission Order, the pricing intervention that raised prices to VOLL should have ended immediately at that time. However, ERCOT continued to hold prices at VOLL by inflating the Real-Time On-Line Reliability Deployment Price Adder for an additional 32 hours through the morning of February 19. This decision resulted in $16 billion in additional costs to ERCOT's market, prompting legislative bailout proposals in Austin, of which roughly $1.5 billion was uplifted to load-serving entities to provide make-whole payments to generators for energy that was not needed or produced.

However, at its March 5, 2021, open meeting (related discussion begins around minute 20), although the PUCT acknowledged the "good points" raised by the IMM, the PUCT was not willing to retrospectively adjust its real-time pricing for this period out of concerns that some related transactions (ICE futures and others) may have already settled and for unintended consequences of such retroactive adjustments.  

 

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What to know about the big climate change meeting in Katowice, Poland

COP24 Climate Talks in Poland gather nearly 200 nations to finalize the Paris Agreement rulebook, advance the Talanoa Dialogue, strengthen emissions reporting and transparency, and align finance, technology transfer, and IPCC science for urgent mitigation.

 

Key Points

UNFCCC summit in Katowice to finalize Paris rules, enhance transparency, and drive stronger emissions cuts.

✅ Paris rulebook on reporting, transparency, markets, and timelines

✅ Talanoa Dialogue to assess gaps and raise ambition by 2020

✅ Finance and tech transfer for developing countries under UNFCCC

 

Delegates from nearly 200 countries have assembled this month in Katowice, Poland — the heart of coal country — to try to move the ball forward on battling climate change.

It’s now the 24th annual meeting, or “COP” — conference of the parties — under the landmark U.N. Framework Convention on Climate Change, which the United States signed under then-President George H.W. Bush in 1992. More significantly, it’s the third such meeting since nations adopted the Paris climate agreement in 2015, widely seen at the time as a landmark moment in which, at last, developed and developing countries would share a path toward cutting greenhouse gas emissions, as Obama's clean energy push sought to lock in momentum.

But the surge of optimism that came with Paris has faded lately. The United States, the second largest greenhouse gas emitter, said it would withdraw from the agreement, though it has not formally done so yet. Many other countries are off target when it comes to meeting their initial round of Paris promises — promises that are widely acknowledged to be too weak to begin with. And emissions have begun to rise after a brief hiatus that had lent some hope of progress.

The latest science, meanwhile, is pointing toward increasingly dire outcomes. The amount of global warming that the world already has seen — 1 degree Celsius, 1.8 degrees Fahrenheit — has upended the Arctic, is killing coral reefs and may have begun to destabilize a massive part of Antarctica. A new report from the U.N.'s Intergovernmental Panel on Climate Change (IPCC), requested by the countries that assembled in Paris to be timed for this year’s meeting, finds a variety of increasingly severe effects as soon as a rise of 1.5 degrees Celsius arrives — an outcome that can’t be avoided without emissions cuts so steep that they would require societal transformations without any known historical parallel, the panel found.

It’s in this context that countries are meeting in Poland, with expectations and stakes high.

So what’s on the agenda in Poland?

The answer starts with the Paris agreement, which was negotiated three years ago, has been signed by 197 countries and is a mere 27 pages long. It covers a lot, laying out a huge new regime not only for the world as a whole to cut its greenhouse gas emissions, but for each individual country to regularly make new emissions-cutting pledges, strengthen them over time, report emissions to the rest of the world and much more. It also addresses financial obligations that developed countries have to developing countries, including how to achieve clean and universal electricity at scale, and how technologies will be transferred to help that.

But those 27 pages leave open to interpretation many fine points for how it will all work. So in Poland, countries are performing a detailed annotation of the Paris agreement, drafting a “rule book” that will span hundreds of pages.

That may sound bureaucratic, but it’s key to addressing many of the flash points. For instance, it will be hard for countries to trust that their fellow nations are cutting emissions without clear standards for reporting and vetting. Not everybody is ready to accept a process like the one followed in the United States, which not only publishes its emissions totals but also has an independent review of the findings.

“A number of the developing countries are resisting that kind of model for themselves. They see it as an intrusion on their sovereignty,” said Alden Meyer, director of strategy and policy at the Union of Concerned Scientists and one of the many participants in Poland this week. “That’s going to be a pretty tough issue at the end of the day.”

It’s hardly the only one. Also unclear is what countries will do after the time frames on their current emissions-cutting promises are up, which for many is 2025 or 2030. Will all countries then start reporting newer and more ambitious promises every five years? Every 10 years?

That really matters when five years of greenhouse gas emissions — currently about 40 billion tons of carbon dioxide annually — are capable of directly affecting the planet’s temperature.

What can we expect each day?

The conference is in its second week, when higher-level players — basically, the equivalent of cabinet-level leaders in the United States — are in Katowice to advance the negotiations.

As this happens, several big events are on the agenda. On Tuesday and Wednesday is the “Talanoa Dialogue,” which will bring together world leaders in a series of group meetings to discuss these key questions: “Where are we? Where do we want to go? How do we get there?”

Friday is the last day of the conference, but pros know these events tend to run long. On Friday — or after — we will be waiting for an overall statement or decision from the meeting which may signal how much has been achieved.

What is the “Talanoa Dialogue”?

“Talanoa” is a word used in Fiji and in many other Pacific islands to refer to “the sharing of ideas, skills and experience through storytelling.” This is the process that organizers settled on to fulfill a plan formed in Paris in 2015.

That year, along with signing the Paris agreement, nations released a decision that in 2018 there should be a “facilitative dialogue" among the countries “to take stock” of where their efforts stood to reduce greenhouse gas emissions. This was important because going into that Paris meeting, it was already clear that countries' promises were not strong enough to hold global warming below a rise of 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures.

This dialogue, in the Talanoa process, was meant to prompt reflection and maybe even soul searching about what more would have to be done. Throughout the year, “inputs” to the Talanoa dialogue — most prominently, the recent report by the United Nations' Intergovernmental Panel on Climate Change on the meaning and consequences of 1.5 degrees Celsius of warming —have been compiled and synthesized. Now, over two days in Poland, countries' ministers will assemble to share stories in small groups about what is working and what is not and to assess where the world as a whole is on achieving the required greenhouse gas emissions reductions.

What remains to be seen is whether this process will culminate in any kind of product or statement that calls clearly for immediate, strong ramping up of climate change promises across the world.

With the clock ticking, will countries do anything to increase their ambition at this meeting?

If negotiating the Paris rule book sounds disappointingly technical, well, you’re not the only one feeling that way. Pressure is mounting for countries to accomplish something more than that in Poland — to at minimum give a strong signal that they understand that the science is looking worse and worse, and the world’s progress on the global energy transition isn’t matching that outlook.

“The bigger issue is how we’re going to get to an outcome on greater ambition,” said Lou Leonard, senior vice president for climate and energy at the World Wildlife Fund, who is in Poland observing the talks. “And I think the first week was not kind on moving that part of the agenda forward.”

Most countries are not likely to make new emissions-cutting promises this week. But there are two ways that the meeting could give a strong statement that countries should — or will — come up with new promises at least by 2020. That’s when extremely dramatic emissions cuts would have to start, including progress toward net-zero electricity by mid-century, according to the recent report on 1.5 degrees Celsius of warming.

The first is the aforementioned “Talanoa dialogue” (see above). It’s possible that the outcome of the dialogue could be a statement acknowledging that the world isn’t nearly far enough along and calling for much stronger steps.

There will also be a decision text released for the meeting as a whole, which could potentially send a signal. Leonard said he hopes that would include details for the next steps that will put the world on a better course.

“We have to create milestones, and the politics around it that will pressure countries to do something that quite frankly they don’t want to do,” he said. “It’s not going to be easy. That’s why we need a process that will help make it happen. And make the most of the IPCC report that was designed to come out right now so it could do this for us. That’s why we have it, and it needs to serve that role.”

The United States says it will withdraw from the agreement, so what role is it playing in Poland?

Despite President Trump’s pledge to withdraw, the United States remains in the Paris agreement (for now) and has sent a delegation of 44 people to Poland, largely from the State Department but also from the Environmental Protection Agency, Energy Department and even the White House, while domestically a historic U.S. climate law has recently passed to accelerate clean energy. Many of these career government officials remain deeply engaged in hashing out details of the agreement.

Still, the country as a whole is being cast in an antagonistic role in the talks.

 

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Will Israeli power supply competition bring cheaper electricity?

Israel Electricity Reform Competition opens the supply segment to private suppliers, challenges IEC price controls, and promises consumer choice, marginal discounts, and market liberalization amid natural gas generation and infrastructure remaining with IEC.

 

Key Points

Policy opening 40% of supply to private vendors, enabling consumer choice and small discounts while IEC retains the grid.

✅ 40% of retail supply opened to private electricity suppliers

✅ IEC keeps meters, lines; tariffs still regulated by the authority

✅ Expected discounts near 7%, not dramatic price cuts initially

 

"See the pseudo-reform in the electricity sector: no lower prices, no opening the market to competition, and no choice of electricity suppliers, with a high rate for consumers despite natural gas." This is an advertisement by the Private Power Producers Forum that is appearing everywhere: Facebook, the Internet, billboards, and the press.

Is it possible that the biggest reform in the economy with a cost estimated by Israel Electric Corporation (IEC) (TASE: ELEC.B22) at NIS 7 billion is really a pseudo-reform? In contrast to the assertions by the private electricity producers, who are supposedly worried about our wallets and want to bring down the cost of electricity for us, the reform will open a segment of electricity supply to competition, as agreed in the final discussions about the reform. No less than 40% of this segment will be removed from IEC's exclusive responsibility and pass to private hands.

This means that in the not-too-distant future, one million households in Israel will be able to choose between different electricity suppliers. IEC will retain the infrastructure, with its meter and power lines, but for the first time, the supplier who sends the monthly bill to our home can be a private concern.

Up until now, the only regulatory agency determining the electricity rate in Israel was the Public Utilities Authority (electricity), i.e. the state. Now, in the framework of the reform, as a result of opening the supply segment to competition, private electricity producers will be able to offer a lower rate than IEC's, with mechanisms like electricity auctions shown to cut costs in some markets, while IEC's rate will still be controlled by the Public Utilities Authority (electricity).

This situation differs from the situation in almost all European countries, where the electricity market is fully open to competition and the EU is pursuing an electricity market revamp to address pricing challenges, with no electricity price controls and free switching by consumers between electricity producers, just as in the mobile phone market. This measure has not lowered electricity prices in Europe, where rates are higher than in Israel, which is in the bottom third of OECD countries in its electricity rate.

Regardless of reports, supply will be opened to competition and we will be able to choose between electricity suppliers in the future. Are the private electricity producers nevertheless right when they say that the electricity sector will not be opened to "real competition"?

 

What is obviously necessary is for the private producers to offer a substantially lower rate than IEC in order to attract as many new customers as possible and win their trust. Can the private producers offer a significantly lower rate than IEC? The answer is no, at least not in the near future. The teams handling the negotiations are aware of this. "The private supplier's price will not be significantly cheaper than IEC's controlled price; there will be marginal discounts," a senior government source explains. "What is involved here is another electricity intermediary, so it will not contribute to competition and lowering the price," he added.

There are already private electricity producers supplying electricity to large business customers - factories, shopping malls, and so forth - at a 7% discount. The rest of the electricity that they produce is sold to the system manager. When supply is opened to competition, it can be assumed that the private suppliers will also be able to offer a similar discount to private consumers.

Will a 7% discount cause a home consumer to leave reliable and familiar IEC for a private producer, given evidence from retail electricity competition in other markets? This is hard to know.

#google#

Why cannot private electricity producers offer a larger discount that will really break the monopoly, as their advertisement says they want to do? Chen Herzog, chief economist and partner at BDO Consulting, which is advising the Private Power Producers Forum, says, "Competition in supply requires the construction of competitive power plants that can compete and offer cheaper electricity.

"The power plants that IEC will sell in the reform, which will go on selling electricity to IEC, are outmoded, inefficient, and non-competitive. In addition, the producer will have to continue employing IEC workers in the purchased plants for at least five years. The producer will generate electricity in IEC power stations with IEC employees and additional overhead of a private producer, with factors such as cost allocation further shaping end-user rates. This amounts to being an IEC subcontractor in production. There is no saving on costs, so there will be no surplus to deduct from the consumer price," he adds.

The idea of opening supply to electricity market competition on such a large scale sounds promising, but saving on electricity for consumers still looks a long way off.

 

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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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Hinkley C nuclear reactor roof lifted into place

Hinkley Point C dome lift marks a nuclear reactor milestone in Somerset, as EDF used Big Carl crane to place a 245-tonne steel roof, enabling 2027 startup amid costs, delays, and precision indoor welding.

 

Key Points

A 245-tonne dome lifted onto Hinkley Point C's first reactor, finishing the roof and enabling fit-out for a 2027 startup.

✅ 245-tonne steel dome lifted by Big Carl onto 44m-high reactor

✅ Indoor welding avoided weather defects seen at Flamanville

✅ Cost now £33bn; first power targeted by end of 2027

 

Engineers have lifted a steel roof onto a building which will house the first of two nuclear reactors at Hinkley Point in Somerset.

Hundreds of people helped with the delicate operation to get the 245-tonne steel dome into position.

It means the first reactor can be installed next year, ready to be switched on in June 2027.

Engineers at EDF said the "challenging job" was completed in just over an hour.

They first broke the ground on the new nuclear station in March 2017. Now, some 10,000 people work on what is Europe's largest building site.

Yet many analysts note that Europe is losing nuclear power even as demand for reliable energy grows.

They have faced delays from Covid restrictions and other recent setbacks, and the budget has doubled to £33bn, so getting the roof on the first of the two reactor buildings is a big deal.

EDF's nuclear island director Simon Parsons said it was a "fantastic night".

"Lifting the dome into place is a celebration of all the work done by a fantastic team. The smiles on people's faces this morning were something else.

"Now we can get on with the fitting of equipment, pipes and cables, including the first reactor which is on site and ready to be installed next year."

Nuclear minister Andrew Bowie hailed the "major milestone" in the building project, citing its role in the UK's green industrial revolution ambitions.

He said: "This is a key part of the UK Government's plans to revitalise nuclear."

But many still question whether Hinkley Point C will be worth all the money, especially after Hitachi's project freeze in Britain, with Roy Pumfrey of the Stop Hinkley campaign describing the project as "shockingly bad value".


Why lift the roof on?

The steel dome is bigger than the one on St Paul's Cathedral in London.

To lift it onto the 44-metre-high reactor building, they needed the world's largest land-based crane, dubbed Big Carl by engineers.

So why not just build the roof on top of the building?

The answer lies in a remote corner of Normandy in France, near a village called Flamanville.

EDF has been building a nuclear reactor there since 2007, ten years before they started in west Somerset.

The project is now a decade behind schedule and has still not been approved by French regulators.

Why? Because of cracks found in the precision welding on the roof of the reactor building.

In nuclear-powered France, they built the roof in situ, out in the open. 

Engineers have decided welding outside, exposed to wind and rain, compromised the high standards needed for a nuclear reactor.

So in Somerset they built a temporary workshop, which looks like a fair sized building itself. All the welding has been done inside, and then the completed roof was lifted into place.


Is it on time or on budget?

No, neither. When Hinkley C was first approved a decade ago, EDF said it would cost £14bn.

Four years later, in 2017, they finally started construction. By now the cost had risen to £19.5bn, and EDF said the plant would be finished by the end of 2025.

Today, the cost has risen to £33bn, and it is now hoped Hinkley C will produce electricity by the end of 2027.

"Nobody believes it will be done by 2027," said campaigner Roy Pumfrey.

"The costs keep rising, and the price of Hinkley's electricity will only get dearer," they added.

On the other hand, the increase in costs is not a problem for British energy bill payers, or the UK government.

EDF agreed to pay the full cost of construction, including any increases.

When I met Grant Shapps, then the UK Energy Secretary, at the site in April, he shrugged off the cost increases.

He said: "I think we should all be rather pleased it is not the British tax payer - it is France and EDF who are paying."

In return, the UK government agreed a set rate for Hinkley's power, called the Strike Price, back in 2013. The idea was this would guarantee the income from Hinkley Point for 35 years, allowing investors to get their money back.


Will it be worth the money?

Back in 2013, the Strike Price was set at £92.50 for each megawatt hour of power. At the time, the wholesale price of electricity was around £50/MWh, so Hinkley C looked expensive.

But since then, global shocks like the war in Ukraine have increased the cost of power substantially, and advocates argue next-gen nuclear could deliver smaller, cheaper, safer designs.

 

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