Our self-created energy problem

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Canada, rarely thought of as an oil-rich nation, is in fact awash in crude. Indeed, it is America's primary source of imported oil.

The province of Alberta alone holds 173 billion barrels of crude. Some government analysts say that's enough to supply U.S. petroleum needs for 24 years.

This Canadian crude doesn't gush from the ground. The tarlike oil is mixed with sand and has to be extracted using heat. The process emits more carbon dioxide that conventional drilling.

Environmentalists, who've yet to see any oil they like, consider it dirty oil. A Sierra Club official hysterically calls tar sands the "dirtiest form of energy in the world."

James Hansen, the NASA scientist who is chiefly responsible for the global warming scare and is never shy about embellishing, suggests that continued production of Canada's tar sands "would be disastrous for life on our planet."

Obama has said the tar sands can be made clean. But that's not enough to relieve worried tar sand producers. He has taken a hard line on carbon emissions and publicly lamented "that oil sands create a big carbon footprint."

The tar sand interests are justifiably troubled that the man who a year ago promised while campaigning that anyone who built a new coal-fired power plant would be bankrupted by government rules is going to demand regulations that will wall off tar sand imports.

Already California has proposed environmental standards that would block from the state oil made from Canada's tar sands.

Barring tar sand imports would be all cost and no benefit. Taking an abundant reservoir of oil off the market will force prices higher.

That would be with no environmental advantage. Carbon dioxide is neither a pollutant nor a creator of global warming.

Though it might make up a growing portion of our atmosphere, CO2 is still a mere 0.038% of the gaseous layer that surrounds the Earth, and only 3% of that thin slice is released by man.

Despite its media-driven reputation as a killer, it is a weak and ineffective greenhouse gas.

If Canada is the Saudi Arabia of tar sands, then the U.S., as many have said before, is the Saudi Arabia of coal.

We have the world's largest reserves with 263 billion short tons, more than 27% of the Earth's coal. At current consumption rates, that's enough to supply the country for more than 200 years.

The Energy Department projects coal's importance will increase in coming years. Coal already provides about half of the nation's electrical power today and is expected to supply 60% by 2031.

That's only if it's not banned. During a campaign stop last year, Joe Biden promised an activist there'd be "no coal plants in America."

Al Gore, who has great influence on those who make public policy, has urged young Americans to engage in civil disobedience to stop building coal plants that don't capture carbon emissions.

Meanwhile, faceless, unelected bureaucrats in the Environmental Protection Agency, under orders from the administration, will review rules regulating CO2 emissions from coal-fired power plants.

Should the EPA place restrictions on carbon, the supply of electricity will fall as power generation is cut to comply with new regulatory limits. The electricity providers that aren't satisfied with cutting production will pass on to consumers the costs of buying expensive gear designed to capture CO2 emissions.

In the longer term, the private sector won't be able to keep up with increases in demand because it has been virtually forbidden by regulatory fiat from building new power plants.

The New York Times reports that even before Washington has acted, plans for 83 new coal plants have been blocked by state regulators or voluntarily withdrawn over just the last 30 months. Meanwhile, a new coal-fired plant comes on line each week in China.

The unpleasant outcome of all this will be higher electricity costs for consumers that will act as a tax increase, which will, as all tax hikes do, hurt the economy.

Blocking tar sand oil and weakening the country's ability to generate electricity because it's politically correct to oppose CO2 would be foolish.

It would dilute our quality of life, restrain economic growth and increase our dependence on hostile regimes.

That's not the change that voters were hoping for in November.

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Ontario Poised to Miss 2030 Emissions Target

Ontario Poised to Miss 2030 Emissions Target highlights how rising greenhouse gas emissions from electricity generation and natural gas power plants threaten Ontario’s climate goals, environmental sustainability, and clean energy transition efforts amid growing economic and policy challenges.

 

Why is Ontario Poised to Miss 2030 Emissions Target?

Ontario Poised to Miss 2030 Emissions Target examines the province’s setback in meeting climate goals due to higher power-sector emissions and shifting energy policies.

✅ Rising greenhouse gas emissions from gas-fired electricity generation

✅ Climate policy uncertainty and missed environmental targets

✅ Balancing clean energy transition with economic pressures

Ontario’s path toward meeting its 2030 greenhouse gas emissions target has taken a sharp turn for the worse, according to internal government documents obtained by Global News. The province, once on track to surpass its reduction goals, is now projected to miss them—largely due to rising emissions from electricity generation, even as the IEA net-zero electricity report highlights rising demand nationwide.

In October 2024, the Ford government’s internal analysis indicated that Ontario was on track to reduce emissions by 28 percent below 2005 levels by 2030, effectively exceeding its target. But a subsequent update in January 2025 revealed a grim reversal. The new forecast showed an increase of about eight megatonnes (Mt) of emissions compared to the previous model, with most of the rise attributed to the province’s energy policies.

“This forecast is about 8 Mt higher than the October 2024 forecast, mainly due to higher electricity sector emissions that reflect the latest ENERGY/IESO energy planning and assumptions,” the internal document stated.

While the analysis did not specify which policy shifts triggered the change, experts point to Ontario’s growing reliance on natural gas. The use of gas-fired power plants has surged to fill temporary gaps created by nuclear refurbishment projects and other grid constraints, even as renewable energy’s role grows. In fact, natural gas generation in early 2025 reached its highest level since 2012.

The internal report cited “changing electricity generation,” nuclear power refurbishment, and “policy uncertainty” as major risks to achieving the province’s climate goals. But the situation may be even worse than the government’s updated forecast suggests.

On Wednesday, Ontario’s auditor general warned that the January projections were overly optimistic. The watchdog’s new report concluded the province could fall even further behind its 2030 emissions target, noting that reductions had likely been overestimated in several sectors, including transportation—such as electric vehicle sales—and waste management. “An even wider margin” of missed goals was now expected, the auditor said.

Environment Minister Todd McCarthy defended the government’s position, arguing that climate goals must be balanced against economic realities. “We cannot put families’ financial, household budgets at risk by going off in a direction that’s not achievable,” McCarthy said.

The minister declined to commit to new emissions targets beyond 2030—or even to confirm that the existing goals would be met—but insisted efforts were ongoing. “We are continuing to meet our commitment to at least try to meet our commitment for the 2030 target,” he told reporters. “But targets are not outcomes. We believe in achievable outcomes, not unrealistic objectives.”

Environmental advocates warn that Ontario’s reliance on fossil-fuel generation could lock the province into higher emissions for years, undermining national efforts to decarbonize Canada’s electricity grid. With cleaning up Canada’s electricity expected to play a central role in both industrial growth and climate action, the province’s backslide represents a significant setback for Canada’s overall emissions strategy.

Other provinces face similar challenges; for example, B.C. is projected to miss its 2050 targets by a wide margin.

As Ontario weighs its next steps, the tension between energy security, affordability, and environmental responsibility continues to define the province’s path toward a lower-carbon future and Canada’s 2050 net-zero target over the long term.

 

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Opinion: Nuclear Beyond Electricity

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

 

Key Points

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

✅ Advanced reactors and SMRs enable high-temperature process heat

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

✅ District heating from reactors reduces pollution and coal use

 

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

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

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

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

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

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

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

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

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

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

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

 

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Washington State Ferries' Hybrid-Electric Upgrade

Washington State Hybrid-Electric Ferries advance green maritime transit with battery-diesel propulsion, lower emissions, and fleet modernization, integrating charging infrastructure and reliable operations across WSF routes to meet climate goals and reduce fuel consumption.

 

Key Points

New WSF vessels using diesel-battery propulsion to cut emissions, improve efficiency, and sustain reliable ferry service.

✅ Hybrid diesel-battery propulsion reduces fuel use and CO2

✅ Larger vessels with efficient batteries and charging upgrades

✅ Compatible with WSF docks, maintenance, and safety standards

 

Washington State is embarking on an ambitious update to its ferry fleet, introducing hybrid-electric boats that represent a significant leap toward greener and more sustainable transportation. The state’s updated plans reflect a commitment to reducing carbon emissions and enhancing environmental stewardship while maintaining the efficiency and reliability of its vital ferry services.

The Washington State Ferries (WSF) system, one of the largest in the world, has long been a critical component of the state’s transportation network, linking various islands and coastal communities with the mainland. Traditionally powered by diesel engines, the ferries are responsible for significant greenhouse gas emissions. In response to growing environmental concerns and legislative pressure, WSF is now turning to hybrid-electric technology similar to battery-electric high-speed ferries seen elsewhere to modernize its fleet and reduce its carbon footprint.

The updated plans for the hybrid-electric boats build on earlier efforts to introduce cleaner technologies into the ferry system. The new designs incorporate advanced hybrid-electric propulsion systems that combine traditional diesel engines with electric batteries. This hybrid approach allows the ferries to operate on electric power during certain segments of their routes, reducing reliance on diesel fuel and cutting emissions as electric ships on the B.C. coast have demonstrated during similar operations.

One of the key features of the updated plans is the inclusion of larger and more capable hybrid-electric ferries, echoing BC Ferries hybrid ships now entering service in the region. These vessels are designed to handle the demanding operational requirements of the Washington State Ferries system while significantly reducing environmental impact. The new boats will be equipped with state-of-the-art battery systems that can store and utilize electric power more efficiently, leading to improved fuel economy and lower overall emissions.

The transition to hybrid-electric ferries is driven by both environmental and economic considerations. On the environmental side, the move aligns with Washington State’s broader goals to combat climate change and reduce greenhouse gas emissions, including programs like electric vehicle rebate program that encourage cleaner travel across the state. The state has set ambitious targets for reducing carbon emissions across various sectors, and upgrading the ferry fleet is a crucial component of achieving these goals.

From an economic perspective, hybrid-electric ferries offer the potential for long-term cost savings. Although the initial investment in new technology can be substantial, with financing models like CIB support for B.C. electric ferries helping spur adoption and reduce barriers for agencies, the reduced fuel consumption and lower maintenance costs associated with hybrid-electric systems are expected to lead to significant savings over the lifespan of the vessels. Additionally, the introduction of greener technology aligns with public expectations for more sustainable transportation options.

The updated plans also emphasize the importance of integrating hybrid-electric technology with existing infrastructure. Washington State Ferries is working to ensure that the new vessels are compatible with current docking facilities and maintenance practices. This involves updating docking systems, as seen with Kootenay Lake electric-ready ferry preparations, to accommodate the specific needs of hybrid-electric ferries and training personnel to handle the new technology.

Public response to the hybrid-electric ferry initiative has been largely positive, with many residents and environmental advocates expressing support for the move towards greener transportation. The new boats are seen as a tangible step toward reducing the environmental impact of one of the state’s most iconic transportation services. The project also highlights Washington State’s commitment to innovation and leadership in sustainable transportation, alongside global examples like Berlin's electric flying ferry that push the envelope in maritime transit.

However, the transition to hybrid-electric ferries is not without its challenges. Implementing new technology requires careful planning and coordination, including addressing potential technical issues and ensuring that the vessels meet all safety and operational standards. Additionally, there may be logistical challenges associated with integrating the new ferries into the existing fleet and managing the transition without disrupting service.

Despite these challenges, the updated plans for hybrid-electric boats represent a significant advancement in Washington State’s efforts to modernize its transportation system. The initiative reflects a growing trend among transportation agencies to embrace sustainable technologies and address the environmental impact of traditional transportation methods.

In summary, Washington State’s updated plans for hybrid-electric ferries mark a crucial step towards a more sustainable and environmentally friendly transportation network. By incorporating advanced hybrid-electric technology, the state aims to reduce carbon emissions, improve fuel efficiency, and align with its broader climate goals. While challenges remain, the initiative demonstrates a commitment to innovation and underscores the importance of transitioning to greener technologies in the quest for a more sustainable future.

 

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Current Model For Storing Nuclear Waste Is Incomplete

Nuclear Waste Corrosion accelerates as stainless steel, glass, and ceramics interact in aqueous conditions, driving localized corrosion in repositories like Yucca Mountain, according to Nature Materials research on high-level radioactive waste storage.

 

Key Points

Degradation of waste forms and canisters from water-driven chemistry, causing accelerated, localized corrosion in storage.

✅ Stainless steel-glass contact triggers severe localized attack

✅ Ceramics and steel co-corrosion observed under aqueous conditions

✅ Yucca Mountain-like chemistry accelerates waste form degradation

 

The materials the United States and other countries plan to use to store high-level nuclear waste, even as utilities expand carbon-free electricity portfolios, will likely degrade faster than anyone previously knew because of the way those materials interact, new research shows.

The findings, published today in the journal Nature Materials (https://www.nature.com/articles/s41563-019-0579-x), show that corrosion of nuclear waste storage materials accelerates because of changes in the chemistry of the nuclear waste solution, and because of the way the materials interact with one another.

"This indicates that the current models may not be sufficient to keep this waste safely stored," said Xiaolei Guo, lead author of the study and deputy director of Ohio State's Center for Performance and Design of Nuclear Waste Forms and Containers, part of the university's College of Engineering. "And it shows that we need to develop a new model for storing nuclear waste."

Beyond waste storage, options like carbon capture technologies are being explored to reduce atmospheric CO2 alongside nuclear energy.

The team's research focused on storage materials for high-level nuclear waste -- primarily defense waste, the legacy of past nuclear arms production. The waste is highly radioactive. While some types of the waste have half-lives of about 30 years, others -- for example, plutonium -- have a half-life that can be tens of thousands of years. The half-life of a radioactive element is the time needed for half of the material to decay.

The United States currently has no disposal site for that waste; according to the U.S. General Accountability Office, it is typically stored near the nuclear power plants where it is produced. A permanent site has been proposed for Yucca Mountain in Nevada, though plans have stalled. Countries around the world have debated the best way to deal with nuclear waste; only one, Finland, has started construction on a long-term repository for high-level nuclear waste.

But the long-term plan for high-level defense waste disposal and storage around the globe is largely the same, even as the U.S. works to sustain nuclear power for decarbonization efforts. It involves mixing the nuclear waste with other materials to form glass or ceramics, and then encasing those pieces of glass or ceramics -- now radioactive -- inside metallic canisters. The canisters then would be buried deep underground in a repository to isolate it.

At the generation level, regulators are advancing EPA power plant rules on carbon capture to curb emissions while nuclear waste strategies evolve.

In this study, the researchers found that when exposed to an aqueous environment, glass and ceramics interact with stainless steel to accelerate corrosion, especially of the glass and ceramic materials holding nuclear waste.

In parallel, the electrical grid's reliance on SF6 insulating gas has raised warming concerns across Europe.

The study qualitatively measured the difference between accelerated corrosion and natural corrosion of the storage materials. Guo called it "severe."

"In the real-life scenario, the glass or ceramic waste forms would be in close contact with stainless steel canisters. Under specific conditions, the corrosion of stainless steel will go crazy," he said. "It creates a super-aggressive environment that can corrode surrounding materials."

To analyze corrosion, the research team pressed glass or ceramic "waste forms" -- the shapes into which nuclear waste is encapsulated -- against stainless steel and immersed them in solutions for up to 30 days, under conditions that simulate those under Yucca Mountain, the proposed nuclear waste repository.

Those experiments showed that when glass and stainless steel were pressed against one another, stainless steel corrosion was "severe" and "localized," according to the study. The researchers also noted cracks and enhanced corrosion on the parts of the glass that had been in contact with stainless steel.

Part of the problem lies in the Periodic Table. Stainless steel is made primarily of iron mixed with other elements, including nickel and chromium. Iron has a chemical affinity for silicon, which is a key element of glass.

The experiments also showed that when ceramics -- another potential holder for nuclear waste -- were pressed against stainless steel under conditions that mimicked those beneath Yucca Mountain, both the ceramics and stainless steel corroded in a "severe localized" way.

Other Ohio State researchers involved in this study include Gopal Viswanathan, Tianshu Li and Gerald Frankel.

This work was funded in part by the U.S. Department of Energy Office of Science.

Meanwhile, U.S. monitoring shows potent greenhouse gas declines confirming the impact of control efforts across the energy sector.

 

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Criminals posing as Toronto Hydro are sending out fraudulent messages

Toronto Hydro Scam Warning urges customers to spot phishing emails, fraudulent texts, fake bills, and door-to-door threats demanding bitcoin or prepaid cards, with disconnection threats; report scams to the Canadian Anti-Fraud Centre.

 

Key Points

Advisory on phishing, fake bills, and payment scams posing as Toronto Hydro, with steps to avoid fraud and report.

✅ Hang up suspicious calls; never pay via bitcoin or prepaid cards.

✅ Do not click links in emails or texts; compare bills and account numbers.

✅ Report fraud to the Canadian Anti-Fraud Centre: 1-888-495-8501.

 

Toronto Hydro has sent out a notice that criminals posing as Toronto Hydro are sending out fraudulent texts, letters and emails, similar to a recent BC Hydro scam reported in British Columbia.

The warning comes in a tweet, along with suggestions on how to protect yourself from fraud, especially as policy debates like an NDP public hydro plan can generate confusing messages.

According to Toronto Hydro, fraudsters are contacting people by phone, text, email, fake electricity bills, and even travelling door-to-door.

They threaten to disconnect the power unless an immediate payment is made, even though legitimate utilities must follow proper disconnection notices processes. The website states that in some cases, criminals request payment via pre-paid credit card or bitcoin.

It’s written on the website that Toronto Hydro does not accept these methods of payment, and they do not threaten to immediately disconnect power, a reminder that stories about power theft abroad are not a model for local billing.

If you suspect you are being targeted, you should immediately hang up any suspicious phone calls. Don’t click on any links in emails or texts asking you to accept electronic transfers, as scammers may impersonate well-known utilities during high-profile news such as Hydro One profit changes to appear credible.

Avoid sharing any personal information over the phone or in-person, and do not make any payments related to Smart Meter Deposits, as this fee does not exist and rate-setting is overseen by the Ontario Energy Board in Ontario.

And remember to always compare bills to previous ones, including the amount and account number, since major accounting decisions like a BC Hydro deferral report can fuel confusing narratives.

To report fraudulent activity, please contact:
Canadian Anti-Fraud Centre at 1-888-495-8501; quote file number 844396

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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

 

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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