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Manitoba NDP Energy Financing Strategy outlines public ownership of renewables, halts private wind farms, stabilizes hydroelectric rates, and addresses Manitoba Hydro deficits amid drought, export revenue declines, and rising demand for grid reliability.

Key Points

A plan to fund public renewables, pause private wind, and stabilize Manitoba Hydro rates, improving utility finances.

✅ Public ownership favored over private wind contracts

✅ Focus on rate freeze and Manitoba Hydro debt management

✅ Addresses drought impacts, export revenue declines, rising demand

Manitoba's NDP administration has declared its intention to formulate a strategy for financing new energy ventures, following a decision to halt the development of additional private-sector wind farms and to extend a pause on new cryptocurrency connections amid grid pressures. This plan will accompany efforts to stabilize hydroelectric rates and manage the financial obligations of the province's state-operated energy company.

Finance Minister Adrien Sala, overseeing Manitoba Hydro, shared these insights during a legislative committee meeting on Thursday, emphasizing the government's desire for future energy expansions to remain under public ownership, even as Ontario moves to reintroduce renewable energy projects after prior cancellations, and expressing trust in Manitoba Hydro's governance to realize these goals.

This announcement was concurrent with Manitoba Hydro unveiling increased financial losses in its latest quarterly report. The utility anticipates a $190-million deficit for the fiscal year ending in March, marking a $29 million increase from its previous forecast and a significant deviation from an initial $450 million profit expectation announced last spring. Contributing factors to this financial downturn include reduced hydroelectric power generation due to drought conditions, diminished export revenues, and a mild fall season impacting heating demand.

The recent financial update aligns with a period of significant changes at Manitoba Hydro, initiated by the NDP government's board overhaul following its victory over the former Progressive Conservative administration in the October 3 election, and comes as wind projects are scrapped in Alberta across the broader Canadian energy landscape.

Subsequently, the NDP-aligned board discharged CEO Jay Grewal, who had advocated for integrating wind energy from third-party sources, citing competitive wind power trends, to promptly address the province's escalating energy requirements. Grewal's approach, though not unprecedented, sought to offer a quicker, more cost-efficient alternative to constructing new Manitoba Hydro dams, highlighting an imminent energy production shortfall projected for as early as 2029.

The opposition Progressive Conservatives have criticized the NDP for dismissing the wind power initiative without presenting an alternate solution, warning about costly cancellation fees seen in Ontario when projects are halted, and emphasizing the urgency of addressing the predicted energy gap.

In response, Sala reassured that the government is in the early stages of policy formulation, reflecting broader electricity policy debates in Ontario about how to fix the power system, and criticized the previous administration for its inaction on enhancing generation capacity during its tenure.

Manitoba Hydro has named Hal Turner as the acting CEO while it searches for Grewal's successor, following controversies such as Solar Energy Program mismanagement raised by a private developer. Turner informed the committee that the utility is still deliberating on its approach to new energy production and is exploring ways to curb rising demand.

Expressing optimism about collaborating with the new board, Turner is confident in finding a viable strategy to fulfill Manitoba's energy needs in a safe and affordable manner.

Additionally, the NDP's campaign pledge to freeze consumer rates for a year remains a priority, with Sala committing to implement this freeze before the next provincial election slated for 2027.

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COVID-19 Electricity Demand Shift flattens New York's load curve, lowers peak demand, and reduces wholesale prices as NYISO operators balance the grid amid stay-at-home orders, rising residential usage, cheap natural gas, and constrained renewables.

Key Points

An industry-wide change in load patterns: flatter peaks, lower prices, and altered grid operations during lockdowns.

✅ NYISO operators sequestered to maintain reliable grid control

✅ Morning and evening peaks flatten; residential use rises mid-day

✅ Wholesale prices drop amid cheap natural gas and reduced demand

At his post 150 miles up the Hudson, Jon Sawyer watches as a stay-at-home New York City stirs itself with each new dawn in this era of covid-19.

He’s a manager in the system that dispatches electricity throughout New York state, keeping homes lit and hospitals functioning, work that is so essential that he, along with 36 colleagues, has been sequestered away from home and family for going on four weeks now, to avoid the disease, a step also considered for Ontario power staff during COVID-19 measures.

The hour between 7 a.m. and 8 a.m. once saw the city bounding to life. A sharp spike would erupt on the system’s computer screens. Not now. The disease is changing the rhythms of the city, and, as this U.S. grid explainer notes, you can see it in the flows of electricity.

Kids are not going to school, restaurants are not making breakfast for commuters, offices are not turning on the lights, and thousands if not millions of people are staying in bed later, putting off the morning cup of coffee and a warm shower.

Electricity demand in a city that has been shut down is running 18 percent lower at this weekday morning hour than on a typical spring morning, according to the New York Independent System Operator, Sawyer’s employer. As the sun rises in the sky, usage picks up, but it’s a slower, flatter curve.

Though the picture is starkest in New York, it’s happening across the country. Daytime electricity demand is falling, even accounting for the mild spring weather, and early-morning spikes are deflating, with similar patterns in Ontario electricity demand as people stay home. The wholesale price of electricity is falling, too, driven by both reduced demand and the historically low cost of natural gas.

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As covid-19 hits, coal companies aim to cut the tax they pay to support black-lung miners

Falling demand will hit the companies that run the “merchant generators” hardest. These are the privately owned power plants that sell electricity to the utilities and account for about 57 percent of electricity generation nationwide.

Closed businesses have resulted in falling demand. Residential usage is up — about 15 percent among customers of Con Edison, which serves New York City and Westchester County — as workers and schoolchildren stay home, while in Canada Hydro One peak rates remain unchanged for self-isolating customers, but it’s spread out through the day. Home use does not compensate for locked-up restaurants, offices and factories. Or for the subway system, which on a pre-covid-19 day used as much electricity as Buffalo.

Hospitals are a different story: They consume twice as much energy per square foot as hotels, and lead schools and office buildings by an even greater margin. And their work couldn’t be more vital as they confront the novel coronavirus.

Knowing that, Sawyer said, puts the ordinary routines of his job, which rely on utility disaster planning, the things about it he usually takes for granted, into perspective.

“Keeping the lights on: It comes to the forefront a little more when you understand, ‘I’m going to be sequestered on site to do this job, it’s so critical,’” he said, speaking by phone from his office in East Greenbush, N.Y., where he has been living in a trailer, away from his family, since March 23.

As coronavirus hospitalizations in New York began to peak in April, emergency medicine physician Howard Greller recorded his reflections. (Whitney Leaming/The Washington Post)
Sawyer, 53, is a former submariner in the U.S. Navy, so he has experience when it comes to being isolated from friends and family for long periods. Many of his colleagues in isolation, who all volunteered for the duty, also are military veterans, and they’re familiar with the drill. Life in East Greenbush has advantages over a submarine — you can go outside and throw a football or Frisbee or walk or run the trail on the company campus reserved for the operators, and every day you can use FaceTime or Skype to talk with your family.

His wife understood, he said, though “of course it’s a sacrifice.” But she grasped the obligation he felt to be there with his colleagues and keep the power on.

“It’s a new world, it’s definitely an adjustment,” said Rich Dewey, the system’s CEO, noting that America’s electricity is safe for now. “But we’re not letting a little virus slow us down.”

There are 31 operators, two managers and four cooks and cleaners all divided between East Greenbush, which handles daytime traffic, and another installation just west of Albany in Guilderland, which works at night. The operators work 12-hour shifts every other day.

Computers recalibrate generation, statewide, to equal demand, digesting tens of thousands of data points, every six seconds. Other computers forecast the needs looking ahead 2½ hours. The operators monitor the computers and handle the “contingencies” that inevitably arise.

They dispatch the electricity along transmission lines ranging from 115,000 volts to 765,000 volts, much of it going from plants and dams in western and northern New York downstate toward the city and Long Island.

They always focus on: “What is the next worse thing that can happen, and how can we respond to that?” Sawyer said.

It’s the same shift and the same work they’ve always done, and that gives this moment an oddly normal feeling, he said. “There’s a routine to it that some of the people working at home now don’t have.”

Medical workers check in with them daily to monitor their physical health and mental condition. So far, there have been no dropouts.

Cheap oil doesn’t mean much when no one’s going anywhere

Statewide, the daily demand for electricity has fallen nearly 9 percent.

The distribution system in New England is looking at a 3 to 5 percent decline; the Mid-Atlantic states at 5 to 7 percent; Washington state at 10 percent; and California by nearly as much. In Texas, demand is down 2 percent, “but even there you’re still seeing drops in the early-morning hours,” said Travis Whalen, a utility analyst with S&P Global Platts.

In the huge operating system that embraces much of the middle of the country, usage has fallen more than 8 percent — and the slow morning surge doesn’t peak until noon.

In New York, there used to be a smaller evening spike, too (though starting from a higher load level than the one in the morning). But that’s almost impossible to see anymore because everyone isn’t coming home and turning on the lights and TV and maybe throwing a load in the laundry all at once. No one goes out, either, and the lights aren’t so bright on Broadway.

California, in contrast, had a bigger spike in the evening than in the morning before covid-19 hit; maybe some of that had to do with the large number of early risers spreading out the morning demand and highlighting electricity inequality that shapes access. Both spikes have flattened but are still detectable, and the evening rise is still the larger.

Only at midnight, in New York and elsewhere, does the load resemble what it used to look like.

The wholesale price of electricity has fallen about 40 percent in the past month, according to a study by S&P Global Platts. In California it’s down about 30 percent. In a section covered by the Southwest Power Pool, the price is down 40 percent from a year ago, and in Indiana, electricity sold to utilities is cheaper than it has been in six years.

Some of the merchant generators “are going to be facing some rather large losses,” said Manan Ahuja, also an analyst with S&P Global Platts. With gas so cheap, coal has built up until stockpiles average a 90-day supply, which is unusually large. Ahuja said he believes renewable generators of electricity will be especially vulnerable because as demand slackens it’s easier for operators to fine-tune the output from traditional power plants.

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As Dewey put it, speaking of solar and wind generators, “You can dispatch them down but you can’t dispatch them up. You can’t make the wind blow or the sun shine.”

Jason Tundermann, a vice president at Level 10 Energy, which promotes renewables, argued that before the morning and evening spikes flattened they were particularly profitable for fossil fuel plants. He suggested electricity demand will certainly pick up again. But an issue for renewable projects under development is that supply chain disruptions could cause them to miss tax credit deadlines.

With demand “on pause,” as Sawyer put it, and consumption more evenly spread through the day, the control room operators in East Greenbush have a somewhat different set of challenges. The main one, he said, is to be sure not to let those high-voltage transmission lines overload. Nuclear power shows up as a steady constant on the real-time dashboard; hydropower is much more up and down, depending on the capacity of transmission lines from the far northern and western parts of the state.

Some human habits are more reliably fixed. The wastewater that moves through New York City’s sewers — at a considerably slower pace than the electricity in the nearby wires — hasn’t shown any change in rhythm since the coronavirus struck, according to Edward Timbers, a spokesman for the city’s Department of Environmental Protection. People may be sleeping a little later, but the “big flush” still arrives at the wastewater treatment plants, about three hours or so downstream from the typical home or apartment, every day in the late morning, just as it always has.
 

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100% Clean Energy Targets drive renewable electricity, decarbonization, and cost savings through state policies, CCAs, RECs, and mandates, with timelines and interim goals that boost jobs, resilience, and public health across cities, counties, and utilities.

Key Points

Policies for cities and states to reach 100% clean power by set dates, using mandates, RECs, and interim goals.

✅ Define eligible clean vs renewable resources

✅ Mandate vs goal framework with enforcement

✅ Timelines with interim targets and escape clauses

“An enormous amount of authority still rests with the states for determining your energy future. So we can build these policies that will become a postcard from the future for the rest of the country,” said David Hochschild, chair of the California Energy Commission, speaking last week at a UCLA summit on state and local progress toward 100 percent clean energy.

According to a new report from the UCLA Luskin Center for Innovation, 13 states, districts and territories, as well as more than 200 cities and counties, with standout clean energy purchases by Southeast cities helping drive momentum, have committed to a 100 percent clean electricity target — and dozens of cities have already hit it.

This means that one of every three Americans, or roughly 111 million U.S. residents representing 34 percent of the population, live in a community that has committed to or has already achieved 100 percent clean electricity, including communities like Frisco, Colorado that have set ambitious targets.

“We’re going to look back on this moment as the moment when local action and state commitments began to push the entire nation toward this goal,” said J.R. DeShazo, director of the UCLA Luskin Center for Innovation.

Not all 100 percent targets are alike, however. The report notes that these targets vary based on 1) what resources are eligible, 2) how binding the 100 percent target is, and 3) how and when the target will be achieved.

These distinctions will carry a lot of weight as the policy discussion shifts from setting goals to actually meeting targets. They also have implications for communities in terms of health benefits, cost savings and employment opportunities.

100% targets come in different forms

One key attribute is whether a target is based on "renewable" or "clean" energy resources. Some 100 percent targets, like Hawaii’s and Rhode Island’s 2030 plan, are focused exclusively on renewable energy, or sources that cannot be depleted, such as wind, solar and geothermal. But most jurisdictions use the broader term “clean energy,” which can also include resources like large hydroelectric generation and nuclear power.

States also vary in their treatment of renewable energy certificates, used to track and assign ownership to renewable energy generation and use. Unbundled RECs allow for the environmental attributes of the renewable energy resource to be purchased separately from the physical electricity delivery.

The binding nature of these targets is also noteworthy. Seven states, as well as Puerto Rico and the District of Columbia, have passed 100 percent clean energy transition laws. Of the jurisdictions that have passed 100 percent legislation, all but one specifies that the target is a “mandate,” according to the report. Nevada is the only state to call the target a “goal.”

Governors in four other states have signed executive orders with 100 percent clean energy goals.

Target timelines also vary. Washington, D.C. has set the most ambitious target date, with a mandate to achieve 100 percent renewable electricity by 2032. Other states and cities have set deadline years between 2040 and 2050. All "100 percent" state laws, and some city and county policies, also include interim targets to keep clean energy deployment on track.

In addition, some locations have included some form of escape clause. For instance, Salt Lake City, which last month passed a resolution establishing a goal of powering the county with 100 percent clean electricity by 2030, included “exit strategies” in its policy in order to encourage stakeholder buy-in, said Mayor Jackie Biskupski, speaking last week at the UCLA summit.

“We don’t think they’ll get used, but they’re there,” she said.

Other locales, meanwhile, have decided to go well beyond 100 percent clean electricity. The State of California and 44 cities have set even more challenging targets to also transition their entire transportation, heating and cooling sectors to 100 percent clean energy sources, and proposals like requiring solar panels on new buildings underscore how policy can accelerate progress across sectors.

Businesses are simultaneously electing to adopt more clean and renewable energy. Six utilities across the United States have set their own 100 percent clean or carbon-free electricity targets. UCLA researchers did not include populations served by these utilities in their analysis of locations with state and city 100 percent clean commitments.

“We cannot wait”

All state and local policies that require a certain share of electricity to come from renewable energy resources have contributed to more efficient project development and financing mechanisms, which have supported continued technology cost declines and contributed to a near doubling of renewable energy generation since 2008.

Many communities are switching to clean energy in order to save money, now that the cost calculation is increasingly in favor of renewables over fossil fuels, as more jurisdictions get on the road to 100% renewables worldwide. Additional benefits include local job creation, cleaner air and electricity system resilience due to greater reliance on local energy resources.

Another major motivator is climate change. The electricity sector is responsible for 28 percent of U.S. greenhouse gas emissions, second only to transportation. Decarbonizing the grid also helps to clean up the transportation sector as more vehicles move to electricity as their fuel source.

“The now-constant threat of wildfires, droughts, severe storms and habitat loss driven by climate change signals a crisis we can no longer ignore,” said Carla Peterman, senior vice president of regulatory affairs at investor-owned utility Southern California Edison. “We cannot wait and we should not wait when there are viable solutions to pursue now.”

Prior to joining SCE on October 1, Peterman served as a member of the California Public Utilities Commission, which implements and administers renewable portfolio standard (RPS) compliance rules for California’s retail sellers of electricity. California’s target requires 60 percent of the state’s electricity to come from renewable energy resources by 2030, and all the state's electricity to come from carbon-free resources by 2045.  

How CCAs are driving renewable energy deployment

One way California communities are working to meet the state’s ambitious targets is through community-choice aggregation, especially after California's near-100% renewable milestone underscored what's possible, via which cities and counties can take control of their energy procurement decisions to suit their preferences. Investor-owned utilities no longer purchase energy for these jurisdictions, but they continue to operate the transmission and distribution grid for all electricity users.                           

A second paper released by the Luskin Center for Innovation in recent days examines how community-choice aggregators are affecting levels of renewable energy deployment in California and contributing to the state’s 100 percent target.

The paper finds that 19 CCAs have launched in California since 2010, growing to include more than 160 towns, cities and counties. Of those communities, 64 have a 100 percent renewable or clean energy policy as their default energy program.

Because of these policies, the UCLA paper finds that “CCAs have had both direct and indirect effects that have led to increases in the clean energy sold in excess of the state’s RPS.”

From 2011 to 2018, CCAs directly procured 24 terawatt-hours of RPS-eligible electricity, 11 TWh of which have been voluntary or in excess of RPS compliance, according to the paper.

The formation of CCAs has also had an indirect effect on investor-owned utilities. As customers have left investor-owned utilities to join CCAs, the utilities have been left holding contracts for more renewable energy than they need to comply with California’s clean energy targets, amid rising solar and wind curtailments that complicate procurement decisions. UCLA researchers estimate that this indirect effect of CCA formation has left IOUs holding 13 terawatt-hours in excess of RPS requirements.

The paper concludes that CCAs have helped to accelerate California’s ability to meet state renewable energy targets over the past decade. However, the future contributions of CCAs to the RPS are more uncertain as communities make new power-purchasing decisions and utilities seek to reduce their excess renewable energy contracts.

“CCAs offer a way for communities to put their desire for clean energy into action. They're growing fast in California, one of only eight states where this kind of mechanism is allowed," said UCLA's Kelly Trumbull, an author of the report. "State and federal policies could be reformed to better enable communities to meet local demand for renewable energy.”

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BC Hydro electricity demand decline reflects COVID-19 impacts across British Columbia, with reduced industrial load, full reservoirs, strategic spilling, and potential rate increases, as hydropower plants adjust operations at Seven Mile, Revelstoke, and Site C.

Key Points

A 10% COVID-19-driven drop in BC power use, prompting reservoir spilling, plant curtailment, and potential rate hikes.

✅ 10% load drop; industrial demand down 7% since mid-March

✅ Reservoirs near capacity; controlled spilling to mitigate risk

✅ Possible rate hikes; Site C construction continues

Elecricity demand is down 10 per cent across British Columbia, an unprecedented decline in commercial electricity consumption sparked by the COVID-19 pandemic, according to a BC Hydro report.

Power demand across hotels, offices, recreational facilities and restaurants have dwindled as British Columbians self isolate, and bill relief for residents and businesses was introduced during this period.

The shortfall means there's a surplus of water in reservoirs across the province.

"This drop in load in addition to the spring snow melt is causing our reservoirs to reach near capacity, which could lead to environmental concerns, as well as public safety risks if we don't address the challenges now," said spokesperson Tanya Fish.

Crews will have to strategically spill reservoirs to keep them from overflowing, a process that can have negative impacts on downstream ecosystems. Excessive spilling can increase fish mortality rates.

Spilling is currently underway at the Seven Mile and Revelstoke reservoirs. In addition, several small plants have been shut down.

Site C and hydro rates
According to the report, titled Demand Dilemma, the decline could continue into April 2021 and drop by another two per cent, even as a regulator report alleged BC Hydro misled oversight bodies.

Major industry — forestry, mining and oil and gas — accounts for about 30 per cent of BC Hydro's overall electricity load. Energy demand from these customers has dropped by seven per cent since mid-March, while in Manitoba a Consumers Coalition has urged rejection of proposed rate increases.

BC Hydro says a prolonged drop in demand could have an impact on future rates, which could potentially go up as the power provider looks to recoup deferred operating costs and financial losses.

In Manitoba, Manitoba Hydro's debt has grown significantly, underscoring the financial risks utilities face during demand shocks.

Fish said the crown corporation still expects there to be increased demand in the long-term. She said construction of the Site C Dam is continuing as planned to support clean-energy generation in the province. There are currently nearly 1,000 workers on-site.

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BC Hydro 2021 Peak Load Records highlight record-breaking electricity demand, peak load spikes, heat dome impacts, extreme cold, and shifting work-from-home patterns managed by a flexible hydroelectric system and climate-driven load trends.

Key Points

Record-breaking electricity demand peaks from extreme heat and cold that reshaped daily load patterns across BC in 2021.

✅ Heat dome and deep freeze drove sustained peak electricity demand

✅ Peak load built gradually, reflecting work-from-home behavior

✅ Flexible hydroelectric system adapts quickly to demand spikes

From June’s heat dome to December’s extreme cold, 2021 was a record-setting year, according to BC Hydro, and similar spikes were noted as Calgary's electricity use surged in frigid weather.

On Friday, the energy company released a new report on electricity demand, and how extreme temperatures over extended periods of time, along with growing scrutiny of crypto mining electricity use, led to record peak loads.

“We use peak loads to describe the electricity demand in the province during the highest load hour of each day,” Kyle Donaldson, BC Hydro spokesperson, said in a media release.

“With the heat dome in the summer and the sustained cold temperatures in December, we saw more record-breaking hours on more days last year than any other single year.”

According to BC Hydro, during summer, the Crown corporation recorded 19 of its top 25 all-time summer daily peak records — including breaking its all-time summer peak hourly demand record.

In December, which saw extremely cold temperatures and heavy snowfall, BC Hydro said its system experienced the highest and longest sustained load levels ever, as it activated its winter payment plan to assist customers.

Overall, BC Hydro says it has experienced 11 of its top 25 all-time daily peak records this winter, adding that Dec. 27 broke its all-time high peak hourly demand record.

“BC Hydro’s hydroelectric system is directly impacted by variations in weather, including drought conditions that require adaptation, and in 2021 more electricity demand records were broken than any other year prior, largely because of the back-to-back extreme temperatures lasting for days and weeks on end,” reads the report.

The energy company expects this trend to continue, noting that it has broken the peak record five times in the past five years, and other jurisdictions such as Quebec consumption record have also shattered consumption records.

It also noted that peak demand patterns have also changed since the first year of the COVID-19 pandemic, with trends seen during Earth Hour usage offering context.

“When the previous peak hourly load record was broken in January 2020, load displayed sharper increases and decreases throughout the day, suggesting more typical weather and behaviour,” said the report.

“In contrast, the 2021 peak load built up more gradually throughout the day, suggesting more British Columbians were likely working from home, or home for the holidays – waking up later and home earlier in the evening – as well as colder weather than average.”

BC Hydro also said “current climate models suggest a warming trend continuing in years to come which could increase demand year-round,” but noted that its flexible hydroelectric system can meet changes in demand quickly.

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

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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