State sets lofty goal for wind energy

By Knight Ridder Tribune


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To meet Minnesota's renewable energy goals, Gov. Tim Pawlenty wants 800 megawatts of wind energy developed through a grassroots state program by 2010.

Unfortunately, just 2.5 megawatts of wind power are "up and spinning" at the moment, a state official said, leaving 797.5 megawatts to be installed within the next two years.

To get more wind turbines up and running quickly, Michael Bull, the assistant director of the Minnesota Office of Energy Security, said the Pawlenty administration is planning to propose tweaks to its 3-year-old Community-Based Energy Development program, hoping to attract more farmers and other landowners in windy parts of the state like the southwest to participate in wind projects.

Speaking to a wind energy conference in Bloomington sponsored by the law firm of Fredrikson & Byron, which advises on renewable energy, Bull said the state has 235 megawatts of C-BED wind power under contract, including 160 megawatts to Minneapolis-base Xcel Energy, and there are 630 more megawatts of C-BED wind power under negotiation with developers.

But the low number of projects already up and working is a concern. Bull is feeling pressured to meet the governor's goal, but it is not mandated by law. The state's renewable energy law requires 6,000 megawatts of electricity be produced through a renewable resource by 2025.

Under the law, Minnesota utilities must get at least 25 percent of their power from a renewable source by then, and Xcel Energy, the state's largest utility, must show 30 percent of its power came from a renewable source by 2020. The Energy Security Office is proposing changes to the C-BED law, as it is known, that would sweeten the rates allowed under the projects.

To avoid a rate increase for energy customers, however, the office wants each kilowatt of C-BED-produced energy to count more when it is used to offset conventionally produced energy. In other words, if a C-BED project using the new models develops 1 megawatt of wind energy, it will count anywhere from 1.1 megawatts to 1.2 megawatts toward the utility's goal of meeting its state mandate.

This adjustment for C-BED projects would shave about 70 megawatts of renewable energy off of the state mandate of 6,000 megawatts of wind energy by 2025, Bull said. The state also is hoping the changes will encourage utilities to work closer with wind projects to help them overcome the costs of creating a wind farm, Bull said.

He wants to encourage utilities that are developing their own wind farms to tack on C-BED projects and boost their total production.

"I've told the utilities we need you to be more proactive to get these projects up and running," Bull said. "It is not enough for you to sign a contract and sit back and wait to see what happens."

Renewable energy advocates generally support the changes but are wary about calculating C-BED-produced energy differently, said Beth Soholt, executive director of Wind on the Wires, an advocacy group for wind energy. Renewable energy advocates fought hard to get the state mandates and they worry that if an exception is made for C-BED, others might ask for similar exemptions.

"It's a slippery slope," Soholt said. "How would you say no to someone else?"

The proposals will be worked on in a task-force committee before they are submitted to the Legislature in March, Bull said. Soholt and Bull said they expect the differences can be worked out.

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Sunrun and Tesla Unveil Texas Power Plant

Sunrun-Tesla Virtual Power Plant Texas leverages residential solar, Tesla Powerwall battery storage, and ERCOT demand response to enhance grid resilience, cut emissions, and supply backup power via a coordinated distributed energy resources network.

 

Key Points

A Texas VPP using residential solar and Tesla Powerwall to aid ERCOT with grid services resilience, and less emissions.

✅ Aggregates Powerwall storage for ERCOT demand response.

✅ Enhances grid reliability with distributed energy resources.

✅ Cuts emissions by shifting solar to peak and outage periods.

 

In a significant development for renewable energy and grid resilience, Sunrun and Tesla have announced a groundbreaking partnership to establish a distributed power plant in Texas. This collaboration represents a major step forward in harnessing solar energy and battery storage, with advances in affordable solar batteries helping to create a more reliable and sustainable power system. The initiative aims to address the growing demand for clean energy solutions while enhancing grid stability and resilience in one of the largest and most energy-dependent states in the U.S.

The new distributed power plant, a joint venture between Sunrun, a leading residential solar provider, and Tesla, renowned for its advanced battery technology and electric vehicles, will leverage the strengths of both companies to transform how energy is generated and used. The project will deploy Tesla's Powerwall battery systems alongside Sunrun's solar panels to create a network of interconnected residential energy storage units. This network will function as a virtual power plant, aligned with emerging peer-to-peer energy sharing models that are capable of providing electricity back to the grid during periods of high demand or outages.

Texas, with its vast and growing population, has faced significant energy challenges in recent years. The state’s power grid, managed by the Electric Reliability Council of Texas (ERCOT), has experienced strain during extreme weather events and high demand periods, and instances of Texas wind curtailment during grid stress, leading to concerns about reliability and stability. The partnership between Sunrun and Tesla seeks to address these concerns by introducing a more flexible and resilient energy solution.

The distributed power plant will consist of thousands of residential solar installations, each equipped with Tesla Powerwall batteries, reflecting the broader trend of pairing storage with solar across the U.S. as it scales. These batteries store excess solar energy generated during the day and release it when needed, such as during peak demand times or power outages. By connecting these systems through advanced software, the project will create a coordinated network of distributed energy resources that can respond dynamically to fluctuations in energy supply and demand.

One of the key benefits of this distributed approach is its ability to enhance grid reliability. Traditional power plants are centralized and can be vulnerable to disruptions, whether from extreme weather, technical failures, or other issues. In contrast, a distributed power plant spreads the generation and storage capacity across numerous locations, a principle echoed by renewable power developers pursuing multi-resource projects today, reducing the risk of widespread outages and increasing the overall resilience of the power grid.

Additionally, the project will contribute to the reduction of greenhouse gas emissions. By increasing the use of solar energy and reducing reliance on fossil fuels, and amid ongoing work to improve solar and wind technologies, the distributed power plant supports Texas’s climate goals and contributes to broader efforts to combat climate change. The integration of renewable energy sources into the grid helps to decrease carbon emissions and promote a cleaner, more sustainable energy system.

The partnership between Sunrun and Tesla also underscores the growing role of technology in transforming the energy landscape. Tesla's Powerwall battery systems represent some of the most advanced energy storage technology available, and amid record solar and storage growth nationwide this decade they showcase the capability to store and manage energy efficiently. Sunrun’s expertise in residential solar installations complements this technology, creating a powerful combination that leverages the latest advancements in clean energy.

The project is expected to deliver several benefits to both individual homeowners and the broader community. Homeowners who participate in the program will have access to solar energy and battery storage at reduced costs, thanks to the economies of scale and innovative financing options provided by Sunrun and Tesla. Additionally, they will have the added security of backup power during outages, contributing to greater energy independence and resilience.

For the broader community, the distributed power plant offers a more reliable and sustainable energy system. The ability to generate and store energy at the residential level reduces the strain on traditional power plants and enhances the overall stability of the grid. Furthermore, the project will contribute to local job creation, as the installation and maintenance of solar panels and battery systems require skilled workers.

As the project moves forward, Sunrun and Tesla will work closely with local stakeholders, regulators, and utility providers to ensure the successful implementation and integration of the distributed power plant. Collaboration with these parties will be essential to addressing any regulatory, technical, or logistical challenges and ensuring that the project delivers its intended benefits.

In conclusion, the partnership between Sunrun and Tesla to create a distributed power plant in Texas represents a significant advancement in clean energy technology and grid resilience. By combining solar power with advanced battery storage, the project aims to enhance grid stability, reduce emissions, and provide reliable energy solutions for homeowners. As Texas continues to face energy challenges, this innovative initiative offers a promising model for the future of distributed energy and highlights the potential for technology-driven solutions to address pressing environmental and infrastructure issues.

 

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A new approach finds materials that can turn waste heat into electricity

Thermoelectric Materials convert waste heat into electricity via the Seebeck effect; quantum computations and semiconductors accelerate discovery, enabling clean energy, higher efficiency, and scalable heat-to-power conversion from abundant, non-toxic, cost-effective compounds.

 

Key Points

Thermoelectric materials turn waste heat into electricity via the Seebeck effect, improving energy efficiency.

✅ Convert waste heat to electricity via the Seebeck effect

✅ Quantum computations rapidly identify high-performance candidates

✅ Target efficient, low-thermal-conductivity, non-toxic, abundant compounds

 

The need to transition to clean energy is apparent, urgent and inescapable. We must limit Earth’s rising temperature to within 1.5 C to avoid the worst effects of climate change — an especially daunting challenge in the face of the steadily increasing global demand for energy and the need for reliable clean power, with concepts that can generate electricity at night now being explored worldwide.

Part of the answer is using energy more efficiently. More than 72 per cent of all energy produced worldwide is lost in the form of heat, and advances in turning thermal energy into electricity could recover some of it. For example, the engine in a car uses only about 30 per cent of the gasoline it burns to move the car. The remainder is dissipated as heat.

Recovering even a tiny fraction of that lost energy would have a tremendous impact on climate change. Thermoelectric materials, which convert wasted heat into useful electricity, can help, especially as researchers pursue low-cost heat-to-electricity materials for scalable deployment.

Until recently, the identification of these materials had been slow. My colleagues and I have used quantum computations — a computer-based modelling approach to predict materials’ properties — to speed up that process and identify more than 500 thermoelectric materials that could convert excess heat to electricity, and help improve energy efficiency.


Making great strides towards broad applications
The transformation of heat into electrical energy by thermoelectric materials is based on the “Seebeck effect.” In 1826, German physicist Thomas Johann Seebeck observed that exposing the ends of joined pieces of dissimilar metals to different temperatures generated a magnetic field, which was later recognized to be caused by an electric current.

Shortly after his discovery, metallic thermoelectric generators were fabricated to convert heat from gas burners into an electric current. But, as it turned out, metals exhibit only a low Seebeck effect — they are not very efficient at converting heat into electricity.

In 1929, the Russian scientist Abraham Ioffe revolutionized the field of thermoelectricity. He observed that semiconductors — materials whose ability to conduct electricity falls between that of metals (like copper) and insulators (like glass) — exhibit a significantly higher Seebeck effect than metals, boosting thermoelectric efficiency 40-fold, from 0.1 per cent to four per cent.

This discovery led to the development of the first widely used thermoelectric generator, the Russian lamp — a kerosene lamp that heated a thermoelectric material to power a radio.


Are we there yet?
Today, thermoelectric applications range from energy generation in space probes to cooling devices in portable refrigerators, and include emerging thin-film waste-heat harvesters for electronics as well. For example, space explorations are powered by radioisotope thermoelectric generators, converting the heat from naturally decaying plutonium into electricity. In the movie The Martian, for example, a box of plutonium saved the life of the character played by Matt Damon, by keeping him warm on Mars.

In the 2015 film, The Martian, astronaut Mark Watney (Matt Damon) digs up a buried thermoelectric generator to use the power source as a heater.

Despite this vast diversity of applications, wide-scale commercialization of thermoelectric materials is still limited by their low efficiency.

What’s holding them back? Two key factors must be considered: the conductive properties of the materials, and their ability to maintain a temperature difference, as seen in nighttime electricity from cold concepts, which makes it possible to generate electricity.

The best thermoelectric material would have the electronic properties of semiconductors and the poor heat conduction of glass. But this unique combination of properties is not found in naturally occurring materials. We have to engineer them, drawing on advances such as carbon nanotube energy harvesters to guide design choices.

Searching for a needle in a haystack
In the past decade, new strategies to engineer thermoelectric materials have emerged due to an enhanced understanding of their underlying physics. In a recent study in Nature Materials, researchers from Seoul National University, Aachen University and Northwestern University reported they had engineered a material called tin selenide with the highest thermoelectric performance to date, nearly twice that of 20 years ago. But it took them nearly a decade to optimize it.

To speed up the discovery process, my colleagues and I have used quantum calculations to search for new thermoelectric candidates with high efficiencies. We searched a database containing thousands of materials to look for those that would have high electronic qualities and low levels of heat conduction, based on their chemical and physical properties. These insights helped us find the best materials to synthesize and test, and calculate their thermoelectric efficiency.

We are almost at the point where thermoelectric materials can be widely applied, but first we need to develop much more efficient materials. With so many possibilities and variables, finding the way forward is like searching for a tiny needle in an enormous haystack.

Just as a metal detector can zero in on a needle in a haystack, quantum computations can accelerate the discovery of efficient thermoelectric materials. Such calculations can accurately predict electron and heat conduction (including the Seebeck effect) for thousands of materials and unveil the previously hidden and highly complex interactions between those properties, which can influence a material’s efficiency.

Large-scale applications will require themoelectric materials that are inexpensive, non-toxic and abundant. Lead and tellurium are found in today’s thermoelectric materials, but their cost and negative environmental impact make them good targets for replacement.

Quantum calculations can be applied in a way to search for specific sets of materials using parameters such as scarcity, cost and efficiency, and insights can even inform exploratory devices that generate electricity out of thin air in parallel fields. Although those calculations can reveal optimum thermoelectric materials, synthesizing the materials with the desired properties remains a challenge.

A multi-institutional effort involving government-run laboratories and universities in the United States, Canada and Europe has revealed more than 500 previously unexplored materials with high predicted thermoelectric efficiency. My colleagues and I are currently investigating the thermoelectric performance of those materials in experiments, and have already discovered new sources of high thermoelectric efficiency.

Those initial results strongly suggest that further quantum computations can pinpoint the most efficient combinations of materials to make clean energy from wasted heat and the avert the catastrophe that looms over our planet.

 

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High Natural Gas Prices Make This The Time To Build Back Better - With Clean Electricity

Build Back Better Act Energy Savings curb volatile fossil fuel heating bills by accelerating electrification and renewable electricity, insulating households from natural gas, propane, and oil price spikes while cutting emissions and lowering energy costs.

 

Key Points

BBBA policies expand clean power and electrification to curb volatility, lower bills, and cut emissions.

✅ Tax credits for renewables, EVs, and efficient all-electric homes

✅ Shields households from natural gas, propane, and heating oil spikes

✅ Cuts methane, lowers bills, and improves grid reliability and jobs

 

Experts are forecasting serious sticker shock from home heating bills this winter. Nearly 60 percent of United States’ households heat their homes with fossil fuels, including natural gas, propane, or heating oil, and these consumers are expected to spend much more this winter because of fuel price increases.

That could greatly burden many families and businesses already operating on thin margins. Yet homes that use electricity for heating and cooking are largely insulated from the pain of volatile fuel markets, and they’re facing dramatically lower price increases as a result.

Projections say cost increases for households could range anywhere from 22% to 94% more, depending on the fuel used for heating and the severity of the winter temperatures. But the added expenditures for the 41% of U.S. households using electricity for heating are much less stark—these consumers will see only a 6% price increase on average. The projected fossil fuel price spikes are largely due to increased demand, limited supply, declining fuel stores, and shifting investment priorities in the face of climate change.

The fossil fuel industry is already seizing this moment to use high prices to persuade policymakers to vote against clean energy policies, particularly the Build Back Better Act (BBBA). Spokespeople with ties to the fossil fuel industry and some consumer groups are trying to pin higher fuel prices on the proposed legislation even before it has passed, even as analyses show the energy crisis is not spurring a green revolution on its own, let alone begun impacting fuel markets. But the claim the BBBA would cost Americans and the economy is false.

The facts tell a different story. Adopting smart climate policies and accelerating the clean energy transition are precisely the solutions to counter this vicious cycle by ending our dependance on volatile fossil fuels. The BBBA will ensure reliable, affordable clean electricity for millions of Americans, in line with a clean electricity standard many experts advocate—a key strategy for avoiding future vulnerability. Unlike fossil fuels subject to the whims of a global marketplace, wind and sunshine are always free. So renewable-generated electricity comes with an ultra-low fixed price decades into the future.

By expanding clean energy and electric vehicle tax credits, creating new incentives for efficient all-electric homes, and dedicating new funding for state and local programs, the BBBA provides practical solutions that build on lessons from Biden's climate law to protect Americans from price shocks, save consumers money, and reduce emissions fueling dangerous climate change.


What’s really causing the gas price spikes?
The U.S. Energy Information Administration’s winter 2021 energy price forecasts project that homes heated with natural gas, fuel oil, and propane will see average price increases of 30%, 43%, and 54%, respectively. Those who heat their homes with electricity, on the other hand, should expect a modest 6% increase. At the pump, drivers are seeing some of the highest gas prices in nearly a decade as the U.S. energy crisis ripples through electricity, gas, and EV markets today. And the U.S. is not alone. Countries around the globe are experiencing similar price jumps, including Britain's high winter energy costs this season.

A closer look confirms the cause of these high prices is not clean energy or climate policies—it’s fossil fuels themselves.  

First, the U.S. (and the world) are just now feeling the effects of the oil and gas industry’s reduced fuel production and spending due to the pandemic. COVID-19 brought the world’s economies to a screeching halt, and most countries have not returned to pre-COVID economic activity. During the past 20 months, the oil and gas industry curtailed its production to avoid oversupply as demand fell to all-time lows. Just as businesses were reopening, stored fuel was needed to meet high demand for cooling during 2021’s hottest summer on record, driving sky-high summer energy bills for many households. February’s Texas Big Freeze also disrupted gas distribution and production.

The world is moving again and demand for goods and services is rebounding to pre-pandemic levels. But even with higher energy demand, OPEC announced it would not inject more oil into the economy. Major oil companies have also held oil and gas spending flat in 2021, with their share of overall upstream spending at 25%, compared with nearly 40% in the mid-2010s. And as climate change threats loom in the financial world, investors are reducing their exposure to the risks of stranded assets, increasingly diversifying and divesting from fossil fuels. 

Second, despite strong and sustained growth for renewable energy, energy storage, and electric vehicles, the relatively slow pace to adopt fossil fuel alternatives at scale has left U.S. households and businesses tethered to an industry well-known for price volatility. Today, some oil drillers are using profits from higher gas prices to pay back debt and reward shareholders as demanded by investors, instead of increasing supply. Rising prices for a limited commodity in high demand is generating huge profits for many of the world’s largest companies at the expense of U.S. households.

Because 48% of homes use fossil gas for heating and another 10% heat with propane and fuel oil, more than half of U.S. households will feel the impact of rising prices on their home energy bills. One in four U.S. households continues to experience a high energy burden (meaning their energy expenses consume an inordinate amount of their income), including risks of pandemic power shut-offs that deepen energy insecurity, and many are still experiencing financial hardships exacerbated by the pandemic. Those with inefficient fossil-fueled appliances, homes, and cars will be hardest hit, and many families with fixed- and lower-incomes could be forced to choose between heat or other necessities.

We have the solutions—the BBBA will unlock their benefits for all households

Short-term band-aids may be enticing, but long-term policies are the only way out of this negative feedback loop. Clean energy and building electrification will prevent more costly disasters in the future, but they’re the very solutions the fossil fuel industry fights at every turn. All-electric homes and vehicles are a natural hedge against the price spikes we’re experiencing today since renewables are inherently devoid of fuel-related price fluctuations.

RMI analysis shows all-electric single-family homes in all regions of the country have lower energy bills than a comparable mixed fuel-homes (i.e., electricity and gas). Electric vehicles also save consumers money. Research from University of California, Berkeley and Energy Innovation found consumers could save a total of $2.7 trillion in 2050—or $1,000 per year, per household for the next 30 years—if we accelerate electric vehicle deployment in the coming decade.

The BBBA would help deliver these consumer savings by expanding and expediting clean energy, while ensuring equitable adoption among lower-income households and underserved communities. Extending and expanding clean energy tax credits; new incentives for electric vehicles (including used electric vehicles); and new incentives for energy efficient homes and all-electric appliances (and electrical upgrades) will reduce up-front costs and spur widespread adoption of all-electric homes, buildings, and cars.

A combination of grants, incentives, and programs will promote private sector investments in a decarbonized economy, while also funding and supporting state and local governments already leading the way. The BBBA also allocates dedicated funding and makes important modifications (such as higher rebate amounts and greater point-of-purchase availability) to ensure these technologies are available to low-income households, underserved urban and rural communities, tribes, frontline communities, and people living in multifamily housing.

Finally, the BBBA proposes to make oil and gas polluters pay for the harm they are causing to people’s health and the climate through a methane fee. This fee would cost companies less than 1% of their revenue, meaning the industry would retain over 99% of its profits. In return return we’d see substantial reductions of a powerful greenhouse gas and a healthier environment in communities living near fossil fuel production. These benefits also come with a stronger economy—Energy Innovation analysis shows the methane fee would create more than 70,000 jobs by 2050 and boost gross domestic product more than $250 billion from 2023 to 2050.

The facts speak for themselves. Gas prices are rising because of reasons totally unrelated to smart climate and clean energy policies, which research shows actually lower costs. For the first time in more than a decade, America has the opportunity to enact a comprehensive energy policy that will yield measurable savings to consumers and free us from oil and gas industry control over our wallets.

The BBBA will help the U.S. get off the fossil fuel rollercoaster and achieve a stable energy future, ensuring that today’s price spikes will be a thing of the past. Proving, once and for all, that the solution to our fossil fuel woes is not more fossil fuels.

 

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Hydro-Québec will refund a total of $535 million to customers who were account holders in 2018 or 2019

Hydro-Québec Bill 34 Refund issues $535M customer credits tied to electricity rates, consumption-based rebates, and variance accounts, averaging $60 per account and 2.49% of 2018-2019 usage, via bill credits or mailed cheques.

 

Key Points

A $535M credit refunding 2.49% of 2018-2019 usage to Hydro-Québec customers via bill credits or cheques.

✅ Applies to 2018-2019 consumption; average refund about $60.

✅ Current customers get bill credits; former customers receive cheques.

✅ Refund equals 2.49% of usage from variance accounts under prior rates.

 

Following the adoption of Bill 34 in December 2019, a total amount of $535 million will be refunded to customers who were Hydro-Québec account holders in 2018 or 2019. This amount was accumulated in variance accounts required under the previous rate system between January 1, 2018, and December 31, 2019.

If you are still a Hydro-Québec customer, a credit will be applied to your bill in the coming weeks, and improving billing layout clarity is a focus in some provinces as well. The amount will be indicated on your bill.

An average refund amount of $60. The refund amount is calculated based on the quantity of electricity that each customer consumed in 2018 and 2019. The refund will correspond to 2,49% of each customer's consumption between January 1, 2018, and December 31, 2019, for an average of approximately $60, while Ontario hydro rates are set to increase on Nov. 1.

The following chart provides an overview of the refund amount based on the type of home. Naturally, the number of occupants, electricity use habits and features of the home, such as insulation and energy efficiency, may have a significant impact on the amount of the refund, and in other provinces, oversight debates continue following a BC Hydro fund surplus revelation.

What if you were an account holder in 2018 or 2019 but you are no longer a Hydro-Québec customer?
People who were account holders in 2018 or 2019, but who are no longer Hydro-Québec customers will receive their credit by cheque, a lump sum credit approach seen elsewhere.

To receive their cheque, these people must get in touch to update their address in one of the following ways:  

If they have a Hydro-Québec Customer Space and remember their access code, they can update their profile.

Anyone without a Customer Space or who doesn't remember their access code can fill out the Request for a credit form at the following address: www.hydroquebec.com/credit in which they can indicate the address where they wish to receive their cheque, where applicable.

Those who cannot send us their address online can call 514 385-7252 or 1 888 385-7252 to give it to a customer services representative, as utilities like Hydro One have moved to reconnect customers in some cases. Note that the process will take longer on the phone, especially if the call volume is high.

UPDATE: Hydro-Québec will be returning an additional $35 million to customers under the adoption of Bill 34, amid overcharging allegations reported elsewhere.

Energy Minister Jonatan Julien announced on Tuesday that the public utility will be refunding a total of $535 million to customers between January and April.

The legislation, which was passed in December, allows the Quebec government to take control of the rates charged for electricity in the province, including decisions on whether to seek a rate hike next year under the new framework.

 

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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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Cape Town to Build Own Power Plants, Buy Additional Electricity

Cape Town Renewable Energy Plan targets 450+ MW via solar, wind, and battery storage, cutting Eskom reliance, lowering greenhouse gas emissions, stabilizing electricity prices, and boosting grid resilience through municipal procurement, PPAs, and city-owned plants.

 

Key Points

A municipal plan to procure over 450 MW, cut Eskom reliance, stabilize prices, and reduce Cape Town emissions.

✅ Up to 150 MW from private plants within the city

✅ 300 MW to be purchased from outside Cape Town later

✅ City financing 100-200 MW of its own generation

 

Cape Town is seeking to secure more than 450 megawatts of power from renewable sources to cut reliance on state power utility Eskom Holdings SOC Ltd., where wind procurement cuts were considered during lockdown, and reduce greenhouse gas emissions.

South Africa’s second-biggest city is looking at a range of options, including geothermal exploration in comparable markets, and expects the bulk of the electricity to be generated from solar plants, Kadri Nassiep, the city’s executive director of energy and climate change, said in an interview.

On July 14 the city of 4.6 million people released a request for information to seek funding to build its own plants. This month or next it will seek proposals for the provision of as much as 150 megawatts from privately owned plants, largely solar additions, to be built and operated within the city, he said. As much as 300 megawatts may also be purchased at a later stage from plants outside of Cape Town, according to Nassiep.

The city could secure finance to build 100 to 200 megawatts of its own generation capacity, Nassiep said. “We realized that it is important for the city to be more in control around the pricing of the power,” he added.

Power Outages

Cape Town’s foray into the securing of power from sources other than Eskom comes after more than a decade of intermittent electricity outages, while elsewhere in Africa coal projects face scrutiny from lenders, because the utility can’t meet national demand. The government last year said municipalities could find alternative suppliers.

Earlier this month Ethekwini, the municipal area that includes the city of Durban, issued a request for information for the provision of 400 megawatts of power, similar to BC Hydro’s call for power driven by EV uptake.

The City of Johannesburg will in September seek information and proposals for the construction of a 150-megawatt solar plant, reflecting moves like Ontario’s new wind and solar procurements to tackle supply gaps, 50 megawatts of rooftop solar panels and the refurbishment of an idle gas-fired plant that could generate 20 megawatts, it said in June. It will also seek information for the installation of 100 megawatts of battery storage.

Cape Town, which uses a peak of 1,800 megawatts of electricity in winter, hopes to start generating some of its own power next year, aligning with SaskPower’s 2030 renewables plan seen in Canada, according to a statement that accompanied its request for financing proposals.
 

 

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