Green ice resurfacer has teething problems

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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Siwash Creek Hydroelectric Project faces downsizing under a BC Hydro power purchase agreement, with run-of-river generation, high grid interconnection costs, First Nations partnership, and surplus electricity from Site C reshaping clean energy procurement.

Key Points

A downsized run-of-river plant in BC, co-owned by Kanaka Bar and Green Valley, selling power via a BC Hydro PPA.

✅ Approved at 500 kW under a BC Hydro clean-energy program

✅ Grid interconnection initially quoted at $2.1M

✅ Joint venture: Kanaka Bar and Green Valley Power

A small run-of-river hydroelectric project recently selected by B.C. Hydro for a power purchase agreement may no longer be financially viable.

The Siwash Creek project was originally conceived as a two-megawatt power plant by the original proponent Chad Peterson, who holds a 50-per-cent stake through Green Valley Power, with the Kanaka Bar Indian Band holding the other half.

The partners were asked by B.C. Hydro to trim the capacity back to one megawatt, but by the time the Crown corporation announced its approval, it agreed to only half that — 500 kilowatts — under its Standing Order clean-energy program.

“Hydro wanted to charge us $2.1 million to connect to the grid, but then they said they could reduce it if we took a little trim on the project,” said Kanaka Bar Chief Patrick Michell.

The revenue stream for the band and Green Valley Power has been halved to about $250,000 a year. The original cost of running the $3.7-million plant, including financing, was projected to be $273,000 a year, according to the Kanaka Bar economic development plan.

“By our initial forecast, we will have to subsidize the loan for 20 years,” said Michell. “It doesn’t make any sense.”

The Kanaka Band has already invested $450,000 in feasibility, hydrology and engineering studies, with a similar investment from Green Valley.

B.C. Hydro announced it would pursue five purchase agreements last March with five First Nations projects — including Siwash Creek — including hydro, solar and wind energy projects, as two new generating stations were being commissioned at the time. A purchase agreement allows proponents to sell electricity to B.C. Hydro at a set price.

However, at least ten other “shovel-ready” clean energy projects may be doomed while B.C. Hydro completes a review of its own operations and its place in the energy sector, where legal outcomes like the Squamish power project ruling add uncertainty, including B.C.’s future power needs.

With the 1,100-megawatt Site C Dam planned for completion in 2024, and LNG demand cited to justify it, B.C. Hydro now projects it will have a surplus of electricity until the early 2030s.

Even if British Columbians put 300,000 electric vehicles on the road over the next 12 years, amid BC Hydro’s first call for power, they will require only 300 megawatts of new capacity, the company said.

A long-term surplus could effectively halt all small-scale clean energy development, according to Clean Energy B.C., even as Hydro One’s U.S. coal plant remains online in the region.

“(B.C. Hydro) dropped their offer down to 500 kilowatts right around the time they announced their review,” said Michell. “So we filled out the paperwork at 500 kilowatts and (B.C. Hydro) got to make its announcement of five projects.”

In the new few weeks, Kanaka and Green Valley will discuss whether they can move forward with a new financial model or shelve the project, he said.

B.C. Hydro declined to comment on the rationale for downsizing Siwash Creek’s power purchase agreement.

The Kanaka Bar Band successfully operates a 49.9-megawatt run-of-river plant on Kwoiek Creek with partners Innergex Renewable Energy.

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Electricity Grid Flow Prediction leverages big data, machine learning, and weather analytics to forecast power flows across smart grids, enhancing reliability, reducing blackouts and curtailment, and optimizing renewable integration under EU Horizon 2020 innovation.

Key Points

Short-term forecasting of power flows using big data, weather inputs, and machine learning to stabilize smart grids.

✅ Uses big data, weather, and ML for 6-hour forecasts

✅ Improves reliability, cuts blackouts and energy waste

✅ Supports smart grids, renewables, and grid balancing

Three European prediction specialists have won prizes worth €2 million for developing the most accurate predictions of electricity flow through a grid

The three winners of the Big Data Technologies Horizon Prize received their awards at a ceremony on 12th November in Austria.

The first prize of €1.2 million went to Professor José Vilar from Spain, while Belgians Sofie Verrewaere and Yann-Aël Le Borgne came in joint second place and won €400,000 each.

The challenge was open to individuals groups and organisations from countries taking part in the EU’s research and innovation programme, Horizon 2020.

Carlos Moedas, Commissioner for Research, Science and Innovation, said: “Energy is one of the crucial sectors that are being transformed by the digital grid worldwide.

“This Prize is a good example of how we support a positive transformation through the EU’s research and innovation programme, Horizon 2020.

“For the future, we have designed our next programme, Horizon Europe, to put even more emphasis on the merger of the physical and digital worlds across sectors such as energy, transport and health.”

The challenge for the applicants was to create AI-driven software that could predict the likely flow of electricity through a grid taking into account a number of factors including the weather and the generation source (i.e. wind turbines, solar cells, etc).

Using a large quantity of data from electricity grids, EU smart meters, combined with additional data such as weather conditions, applicants had to develop software that could predict the flow of energy through the grid over a six-hour period.

Commissioner for Digital Economy and Society Mariya Gabriel said: “The wide range of possible applications of these winning submissions could bring tangible benefits to all European citizens, including efforts to tackle climate change with machine learning across sectors.”

The decision to focus on energy grids for this particular prize was driven by a clear market need, including expanding HVDC technology capabilities.

Today’s energy is produced at millions of interconnected and dispersed unpredictable sites such as wind turbines, solar cells, etc., so it is harder to ensure that electricity supply matches the demand at all times.

This complexity means that huge amounts of data are produced at the energy generation sites, in the grid and at the place where the energy is consumed.

Being able to make accurate, short-term predictions about power grid traffic is therefore vital to reduce the risks of blackouts or, by enabling utilities to use AI for energy savings, limit waste of energy.

Reliable predictions can also be used in fields such as biology and healthcare. The predictions can help to diagnose and cure diseases as well as to allocate resources where they are most needed.

Ultimately, the winning ideas are set to be picked up by the energy sector in the hopes of creating smarter electricity infrastructure, more economic and more reliable power grids.

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US-Canada Electricity Tariff Dispute intensifies as proposed tariffs spur Canadian threats to restrict hydroelectric exports, risking cross-border energy supply, grid reliability, higher electricity prices, and clean energy goals in the Northeast and Midwest.

Key Points

Trade clash over tariffs and hydroelectric exports that threatens power supply, prices, and grid reliability.

✅ Potential export curbs on Canadian hydro to US markets

✅ Risks: higher prices, strained grids, reduced clean energy

✅ Diplomacy urged to avoid retaliatory trade measures

In early February 2025, escalating trade tensions between the United States and Canada have raised concerns about the future of electricity exports from Canada to the U.S. The potential imposition of tariffs by the U.S. has prompted Canadian officials to consider retaliatory measures, including restricting electricity exports and pursuing high-level talks such as Ford's Washington meeting with federal counterparts.

Background of the Trade Dispute

In late November 2024, President-elect Donald Trump announced plans to impose a 25% tariff on all Canadian products, citing issues related to illegal immigration and drug trafficking. This proposal has been met with strong opposition from Canadian leaders, who view such tariffs as unjustified and detrimental to both economies, even as tariff threats boost support for Canadian energy projects among some stakeholders.

Canada's Response and Potential Retaliatory Measures

In response to the proposed tariffs, Canadian officials have discussed various countermeasures. Ontario Premier Doug Ford has threatened to cut electricity supplies to 1.5 million Americans and ban imports of U.S.-made beer and liquor. Other provinces, such as Quebec and Alberta, are also considering similar actions, though experts advise against cutting Quebec's energy exports due to reliability concerns.

Impact on U.S. Energy Supply

Canada is a significant supplier of electricity to the United States, particularly in regions like the Northeast and Midwest. A reduction or cessation of these exports could lead to energy shortages and increased electricity prices in affected U.S. states, with New York especially vulnerable according to regional assessments. For instance, Ontario exports substantial amounts of electricity to neighboring U.S. states, and any disruption could strain local energy grids.

Economic Implications

The imposition of tariffs and subsequent retaliatory measures could have far-reaching economic consequences. In Canada, industries such as agriculture, manufacturing, and energy could face significant challenges due to reduced access to the U.S. market, even as many Canadians support energy and mineral tariffs as leverage. Conversely, U.S. consumers might experience higher prices for goods and services that rely on Canadian imports, including energy products.

Environmental Considerations

Beyond economic factors, the trade dispute could impact environmental initiatives. Canada's hydroelectric power exports are a clean energy source that helps reduce carbon emissions in the U.S., where policymakers look to Canada for green power to meet targets. A reduction in these exports could lead to increased reliance on fossil fuels, potentially hindering environmental goals.

The escalating trade tensions between the United States and Canada, particularly concerning electricity exports, underscore the complex interdependence of the two nations. While the situation remains fluid, it highlights the need for diplomatic engagement to resolve disputes and maintain the stability of cross-border energy trade.

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UK Nuclear Power Expansion is vital for low-carbon baseload, energy security, and Net Zero, complementing renewables like wind and solar, reducing gas reliance, and unlocking investment through clear financing rules and proven, dependable reactor technology.

Key Points

Accelerating reactor build-out for low-carbon baseload to boost energy security and help deliver the UK Net Zero target.

✅ Cuts gas dependence and stabilizes grids with firm capacity.

✅ Complements wind and solar for reliable, low-carbon supply.

✅ Needs clear financing to unlock investment and lower costs.

Leading nuclear industry figures will today call for a major programme of new power stations to hit ambitious emissions reduction targets.

The 19th Nuclear Industry Association annual conference in London will highlight the need for a proven, dependable source of low carbon electricity generation alongside growth in weather-dependent solar and wind power, and particularly the rapid expansion of wind and solar generation across the UK.

Without this, they argue, the country risks embedding a major reliance on carbon-emitting gas fired power stations as Europe loses nuclear capacity at a critical time for energy security for generations to come.

Annual public opinion polling released today to coincide with the conference revealed 75% of the population want the UK Government to take more action to reduce CO2 emissions.

The survey, conducted by YouGov in October 2019, has tracked opinion trends on nuclear for more than a decade. It shows continued and consistent public support for an energy mix including nuclear and renewables, with 72% of respondents agreeing this was needed to ensure a reliable supply of electricity.

Nuclear power was also perceived as the most secure energy source for keeping the lights on, compared to other sources such as oil, gas, coal, wind power, fracking and solar power.

Last month both the Labour and Conservative Parties committed to new nuclear power as part of their election Manifestos and the government's wider green industrial revolution plans for clean growth. At the same time, 27 leading figures in the fields of environment, energy, and industry signed an open letter addressed to parliamentary candidates, which set out the benefits of nuclear and underscored the consequences of not, at least, replacing the UK's current fleet of power stations.

The Nuclear Industry Association said there is no time to be lost in clarifying the ambition and the financing rules for new nuclear power which would bring down costs and unlock a major programme of investment.

Tom Greatrex, Chief Executive of the NIA, said "We have to grow the industry's contribution to a low carbon economy. The independent Committee on Climate Change said earlier this year that we need a variety of technologies including nuclear power/1 for net zero to reach the UK's Net Zero emissions target by 2050".

"This is a proven, dependable, technology with lower lifecycle CO2 emissions than solar power and the same as offshore wind/2. It is also an important economic engine for the UK, supporting uses beyond electricity and creating high quality direct and indirect employment for around 155,000 people."

"Right now nuclear provides 20%/3 of all the UK's electricity but all but one of our existing fleet will close over the next decade, amid the debate over nuclear's decline as power demand will only increase with a shift to electric heating and vehicles."

"The countries and regions which have most successfully decarbonised, like Sweden, France and Ontario in Canada, have done so by relying on nuclear, aligning with Canada's climate goals for affordable, safe power today. You are not serious about tackling climate change if you are not serious about nuclear".

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U.S. 100% Tariff on Chinese EVs aims to protect domestic manufacturing, counter subsidies, and reshape the EV market, but could raise prices, disrupt supply chains, invite retaliation, and complicate climate policy and trade relations.

Key Points

A 100% import duty on Chinese EVs to boost U.S. manufacturing, counter subsidies, and address supply chain risks.

✅ Protects domestic EV manufacturing and jobs

✅ Counters alleged subsidies and IP concerns

✅ May raise prices, limit choice, trigger retaliation

President Joe Biden's administration recently made headlines with its announcement of a 100% tariff on Chinese electric vehicles (EVs), marking a significant escalation in trade tensions between the two economic powerhouses. The decision, framed as a measure to protect American industries and promote domestic manufacturing, has sparked debates over its potential impact on the EV market, global supply chains, and bilateral relations between the United States and China.

The imposition of a 100% tariff on Chinese-made EVs reflects the Biden administration's broader efforts to revitalize the American automotive industry and promote the transition to electric vehicles as part of its climate agenda and tighter EPA emissions rules that could accelerate adoption. By imposing tariffs on imported EVs, particularly those from China, the administration aims to incentivize domestic production and create jobs in the growing green economy, and to secure critical EV metals through allied supply efforts. Additionally, the tariff is seen as a response to concerns about unfair trade practices, including intellectual property theft and market distortions, allegedly perpetuated by Chinese companies.

However, the announcement has triggered a range of reactions from various stakeholders, with both proponents and critics offering contrasting perspectives on the potential consequences of such a policy. Proponents argue that the tariff will help level the playing field for American automakers, who face stiff competition from Chinese companies benefiting from government subsidies and lower production costs. They contend that promoting domestic manufacturing of EVs will not only create high-quality jobs but also enhance national security by reducing dependence on foreign supply chains at a time when an EV inflection point is approaching.

On the other hand, critics warn that the 100% tariff on Chinese-made EVs could have unintended consequences, including higher prices for consumers, as seen in the UK EV prices and Brexit debate, disruptions to global supply chains, and retaliatory measures from China. Chinese EV manufacturers, such as NIO, BYD, and XPeng, have been gaining momentum in the global market, offering competitive products at relatively affordable prices. The tariff could limit consumer choice at a time when U.S. EV market share dipped in Q1 2024, potentially slowing the adoption of electric vehicles and undermining efforts to combat climate change and reduce greenhouse gas emissions.

Moreover, the tariff announcement comes at a sensitive time for U.S.-China relations, which have been strained by various issues, including trade disputes, human rights concerns, and geopolitical tensions. The imposition of tariffs on Chinese-made EVs could further exacerbate bilateral tensions, potentially leading to retaliatory measures from China and escalating trade frictions. As the world's two largest economies, the United States and China have significant economic interdependencies, and any escalation in trade tensions could have far-reaching implications for global trade and economic stability.

In response to the Biden administration's announcement, Chinese officials have expressed concerns and called for dialogue to resolve trade disputes through negotiation and mutual cooperation. China has also emphasized its commitment to fair trade practices and compliance with international rules and regulations governing trade.

Moving forward, the Biden administration faces the challenge of balancing its domestic priorities with the need to maintain constructive engagement with China and other trading partners, even as EV charging networks scale under its electrification push. While promoting domestic manufacturing and protecting American industries are legitimate policy goals, achieving them without disrupting global trade and undermining diplomatic relations requires careful deliberation and strategic foresight.

In conclusion, President Biden's announcement of a 100% tariff on Chinese-made electric vehicles reflects his administration's commitment to revitalizing American industries and promoting domestic manufacturing. However, the decision has raised concerns about its potential impact on the EV market, global supply chains, and U.S.-China relations. As policymakers navigate these complexities, finding a balance between protecting domestic interests and fostering international cooperation will be crucial to achieving sustainable economic growth and addressing global challenges such as climate change.

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