Ontario lifts deferral on offshore wind projects

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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2040 Energy Outlook projects a shifting energy mix as renewables scale, EV adoption accelerates, and IEA forecasts plateauing oil demand alongside rising natural gas, highlighting policy, efficiency, and decarbonization trends that shape global consumption.

Key Points

A data-driven view of future energy mix, covering renewables, fossil fuels, EVs, oil demand, and policy impacts.

✅ Renewables reach 16-30% by 2040, higher with strong policy support.

✅ Fossil fuels remain dominant, with oil flat and natural gas rising.

✅ EV share surges, cutting oil use; efficiency curbs demand growth.

Which is more plausible: flying taxis, wind turbine arrays stretching miles into the ocean, and a solar roof on every house--or a scorched-earth, flooded post-Apocalyptic world? 

We have no way of peeking into the future, but we can certainly imagine it. There is plenty of information about where the world is headed and regardless of how reliable this information is—or isn’t—we never stop wondering. Will the energy world of 20 years from now be better or worse than the world we live in now? 

The answer may very well lie in the observable trends.

A Growing Population

The global population is growing, and it will continue to grow in the next two decades. This will drive a steady growth in energy demand, at about 1 percent per year, according to the International Energy Agency.

This modest rate of growth is good news for all who are concerned about the future of the planet. Parts of the world are trying to reduce their energy consumption, and this should have a positive effect on the carbon footprint of humanity. The energy thirst of most parts of the world will continue growing, however, hence the overall growth.

The world’s population is currently growing at a rate of a little over 1 percent annually. This rate of growth has been slowing since its peak in the 1960s and forecasts suggest that it will continue to slow. Growth in energy demand, on the other hand, may at some point stop moving in tune with population growth trends as affluence in some parts of the world grows. The richer people get, the more energy they need. So, to the big question: where will this energy come from?

The Rise of Renewables

For all the headline space they have been claiming, it may come as a disappointing surprise to many that renewable energy, excluding hydropower, to date accounts for just 14 percent of the global primary energy mix. 

Certainly, adoption of solar and wind energy has been growing in leaps and bounds, with their global share doubling in five years in many markets, but unless governments around the world commit a lot more money and effort to renewable energy, by 2040, solar and wind’s share in the energy mix will still only rise to about 16 to 17 percent. That’s according to the only comprehensive report on the future of energy that collates data from all the leading energy authorities in the world, by non-profit Resources for the Future.

The growth in renewables adoption, however, would be a lot more impressive if governments do make serious commitments. Under that scenario, the share of renewables will double to over 30 percent by 2040, echoing milestones like over 30% of global electricity reached recently: that’s the median rate of all authoritative forecasts. Amongst them, the adoption rates of renewables vary between 15 percent and 61 percent by 2040.

Even the most bullish of the forecasts on renewables is still far below the 100-percent renewable future many would like to fantasize about, although BNEF’s 50% by 2050 outlook points to what could be possible in the power sector. 

But in 2040, most of the world’s energy will still come from fossil fuels.

EV Energy

Here, forecasters are more optimistic. Again, there is a wide variation between forecasts, but in each and every one of them the share of electric vehicles on the world’s roads in 2040 is a lot higher than the meagre 1 percent of the global car fleet EVs constitute today.
Related: Gas Prices Languish As Storage Falls To Near-Record Lows

Government policy will be the key, as U.S. progress toward 30% wind and solar shows how policy steers the power mix that EVs ultimately depend on. Bans of internal combustion engines will go a long way toward boosting EV adoption, which is why some forecasters expect electric cars to come to account for more than 50 percent of cars on the road in 2040. Others, however, are more guarded in their forecasts, seeing their share of the global fleet at between 16 percent and a little over 40 percent.

Many pin their hopes for a less emission-intensive future on electric cars. Indeed, as the number of EVs rises, they displace ICE vehicles and, respectively, the emission-causing oil that fuels for ICE cars are made from.  It should be a no brainer that the more EVs we drive, the less emissions we produce. Unfortunately, this is not necessarily the case: China is the world’s biggest EV market, and its solar PV expansion has been rapid, it has the most EVs—including passenger cars and buses—but it is also one of the biggest emitters.

Still, by 2040, if the more optimistic forecasts come true, the world will be consuming less oil than it is consuming now: anywhere from 1.2 million bpd to 20 million bpd less, the latter case envisaging an all-electric global fleet in 2040. 

This Ain’t Your Daddy’s Oil

No, it ain’t. It’s your grandchildren’s oil, for good or for bad. The vision of an oil-free world where renewable power is both abundant and cheap enough to replace all the ways in which crude oil and natural gas are used will in 2040 still be just that--a vision, with practical U.S. grid constraints underscoring the challenges. Even the most optimistic energy scenarios for two decades from now see them as the dominant source of energy, with forecasts ranging between 60 percent and 79 percent. While these extremes are both below the over-80 percent share fossil fuels have in the world’s energy mix, they are well above 50 percent, and in the U.S. renewables are projected to reach about one-fourth of electricity soon, even as fossil fuels remain foundational.

Still, there is good news. Fuel efficiency alone will reduce oil demand significantly by 2040. In fact, according to the IEA, demand will plateau at a little over 100 million bpd by the mid-2030s. Combined with the influx of EVs many expect, the world of 20 years from now may indeed be consuming a lot less oil than the world of today. It will, however, likely consume a lot more natural gas. There is simply no way around fossil fuels, not yet. Unless a miracle of politics happens (complete with a ripple effect that will cost millions of people their jobs) in 2040 we will be as dependent on oil and gas as we are but we will hopefully breathe cleaner air.

By Irina Slav for Oilprice.com

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Washington Grid Resilience Grant funds DOE-backed modernization to harden Washington's electric grid against extreme weather, advancing clean energy, affordable and reliable electricity, and community resilience under the Bipartisan Infrastructure Law via projects and utility partnerships.

Key Points

A $23.4M DOE grant to modernize Washington's grid, boost weather resilience, and deliver clean, reliable power.

✅ Targets outages, reliability, and community resilience statewide.

✅ Prioritizes disadvantaged areas and quality clean energy jobs.

✅ Backed by Bipartisan Infrastructure Law and DOE funding.

Washington state has received a $23.4 million Grid Resilience State and Tribal Formula Grant from the U.S. Department of Energy (DOE) to modernize the electric grid through smarter electricity infrastructure and reduce impacts due to extreme weather and natural disasters. Grid Resilience State and Tribal Formula Grants aim to ensure the reliability of power sector infrastructure so that communities have access to affordable, reliable, clean electricity.

“Electricity is an essential lifeline for communities. Improving our systems by reducing disruptive events is key as we cross the finish line of a 100% clean electricity grid and ensure equitable benefits from the clean energy economy reach every community,” said Gov. Jay Inslee.

The federal funding for energy resilience will enhance and expand ongoing current grid modernization and resilience efforts throughout the state. For example, working directly with rural and typical end-of-the-line customers to develop resilience plans and collaborating with communities and utilities, including smart city efforts in Spokane as examples, on building resilient and renewable infrastructure for essential services.

“This is a significant opportunity to supplement our state investments in building a robust, resilient electric grid that supports our long-term vision for clean, affordable and reliable electricity – the foundation for economic growth and job creation that strengthens our communities and keeps Washington globally competitive. It shows once again that we are maximizing the federal funding being made available by the Biden-Harris Administration to invest in the country’s infrastructure,” said Washington State Department of Commerce Director Mike Fong.

Across the border, British Columbia's clean energy shift adds regional momentum for resilient, low-carbon power.

Goals include:

Reducing the frequency, duration and impact of outages as climate change impacts on the grid intensify while enhancing resiliency in historically disadvantaged communities.
Strengthening prosperity by expanding well-paying, safe clean energy jobs accessible to all workers and ensuring investments have a positive effect on quality job creation and equitable economic development.

Building a community of practice and maximizing project scalability by identifying pathways for scaling innovations such as integrating solar into the grid across programs.

“The Grid Resilience Formula Grants will enable communities in Washington to protect households and businesses from blackouts or power shutdowns during extreme weather,” said Maria Robinson, Director, Grid Deployment Office, U.S. Department of Energy. “Projects selected through this program will benefit communities by creating good-paying jobs to deliver clean, affordable, and reliable energy across the country.”

DOE has also announced $34 million for grid improvements to bolster reliability nationwide.

“An innovative, reliable, and efficient power grid is vital to Washington’s continued economic growth and for community resilience especially in disadvantaged areas,” said U.S. Rep. Strickland, Co-Lead of the bipartisan Grid Innovation Caucus. “The funding announced today will invest in our energy grid, support good-paying jobs, and means a cleaner, more energy-efficient future.”

Funded through the Bipartisan Infrastructure Law and administered by DOE’s Grid Deployment Office, with related efforts such as California grid upgrades advancing nationwide, the Grid Resilience State and Tribal Formula Grants distribute funding to states, territories, and federally recognized Indian Tribes, over five years based on a formula that includes factors such as population size, land area, probability and severity of disruptive events, and a locality’s historical expenditures on mitigation efforts. Priority will be given to projects that generate the greatest community benefit providing clean, affordable, and reliable energy.

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Ermineskin First Nation Solar Project delivers a 1 MW distributed generation array with 3,500 panels, selling power to Alberta's grid, driving renewable energy revenue, jobs, and regional economic development with partner SkyFire Energy.

Key Points

A 1 MW, 3,500-panel distributed generation plant selling power to Alberta's grid to support revenue and jobs.

✅ 1 MW array, 3,500 panels; grid-tied distributed generation

✅ Annual revenue projected at $80k-$150k, scalable

✅ Built with SkyFire Energy; expansion planned next summer

The switch will soon be flipped on a solar energy project that will generate tens of thousands of dollars for Ermineskin First Nation, while energizing economic development across Alberta, where selling renewables is emerging as a promising opportunity.

Built on six acres, the one-megawatt generator and its 3,500 solar panels will produce power to be sold into the province’s electrical grid, providing annual revenues for the band of $80,000 to $150,000, depending on energy demand and pricing.

The project cost $2.7 million, including connection costs and background studies, said Sam Minde, chief executive officer of the band-owned Neyaskweyahk Group of Companies Inc.

It was paid for with grants from the Western Economic Diversification Fund and the province’s Climate Leadership Plan, and, amid Ottawa’s green electricity contracting push, is expected to be connected to the grid by mid-December.

“It’s going to be the biggest distributed generation in Alberta,” he said.

Called the Sundancer generator, it was built and will be operated through a partnership with SkyFire Energy, reflecting how renewable power developers design better projects by combining diverse resources.

Minde said the project’s benefits extend beyond Ermineskin First Nation, one of four First Nations at Maskwacis, 20 km north of Ponoka, in a province where renewable energy surge could power thousands of jobs.

“Our nation is looking to do the best it can in business. It’s competitive, but at the same time, what is good for us is good for the region.

“If we’re creating jobs, we’re going to be building up our economy. And if you look at our region right now, we need to continue to create opportunities and jobs.”

Electricity prices are rock bottom right now, in the six to nine cents per kilowatt hour range, with recent Alberta solar contracts coming in below natural gas on cost. During the oilsands boom, when power demand was skyrocketing, the price was in the 16 to 18 cent range.

That means there is a lot of room for bigger returns for Ermineskin in the future, especially if pipelines such as TransMountain get going or the oilsands pick up again, and as Alberta solar growth accelerates in the years ahead.

The band is so confident that Sundancer will prove a success that there are plans to double it in size, a strategy echoed by community-scale efforts such as the Summerside solar project that demonstrate scalability. By next summer, a $1.5-million to $1.7-million project funded by the band will be built on another six acres nearby.

Minde said the project is an example of the community’s connection with the environment being used to create opportunities and embracing technologies that will likely figure large in the world’s energy future.

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EU Gas Price Cap Strategies aim to curb inflation during an energy crisis by capping wholesale gas and electricity generation costs, balancing supply and demand, mitigating subsidies, and safeguarding supply security amid Russia-Ukraine shocks.

Key Points

Temporary EU measures to cap gas and power prices, curb inflation, manage demand, and protect supply security.

✅ Flexible temporary price limits to secure gas supplies

✅ Framework cap on gas for electricity generation with demand checks

✅ Risk: subsidies, higher demand, and market distortions

The European Commission has outlined possible strategies to cap gas prices as the bloc faces a looming energy crisis this winter. 

Member states are divided over the emergency measures designed to pull down soaring inflation amid Russia's war in Ukraine. 

One proposal is a temporary "flexible" limit on gas prices to ensure that Europe can continue to secure enough gas, EU energy commissioner Kadri Simson said on Tuesday. 

Another option could be an EU-wide "framework" for a price cap on gas used to generate electricity, which would be combined with measures to ensure gas demand does not rise as a result, she said.

EU leaders are meeting on Friday to debate gas price cap strategies amid warnings that Europe's energy nightmare could worsen this winter.

Last week, France, Italy, Poland and 12 other EU countries urged the Commission to propose a broader price cap targeting all wholesale gas trade. 

But Germany -- Europe's biggest gas buyer -- and the Netherlands are among those opposing electricity market reforms within the bloc.

Russia has slashed gas deliveries to Europe since its February invasion of Ukraine, with Moscow blaming the cuts on Western sanctions imposed in response to the invasion, as the EU advances a plan to dump Russian energy across the bloc.

Since then, the EU has agreed on emergency laws to fill gas storage and windfall profit levies to raise money to help consumers with bills. 

Price cap critics
One energy analyst told Euronews that an energy price cap was an "unchartered territory" for the European Union. 

The EU's energy sector is largely liberalised and operates under the fundamental rules of supply and demand, making rolling back electricity prices complex in practice.

"My impression is that member states are looking at prices and quantities in isolation and that's difficult because of economics," said Elisabetta Cornago, a senior energy researcher at the Centre for European Reform.

"It's hard to picture such a level of market intervention This is uncharted territory."

The energy price cap would "quickly start costing billions" because it would force governments to continually subsidise the difference between the real market price and the artificially capped price, another expert said. 

"If you are successful and prices are low and you still get gas, consumers will increase their demand: low price means high demand. Especially now that winter is coming," said Bram Claeys, a senior advisor at the Regulatory Assistance Project. 

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Ontario IESO Accounting Dispute highlights tensions over public sector accounting standards, auditor general oversight, electricity market transparency, KPMG advice, rate-regulated accounting, and an alleged $1.3B deficit understatement affecting Hydro bills and provincial finances.

Key Points

A PSAS clash between Ontario's auditor general and the IESO, alleging a $1.3B deficit impact and transparency failures.

✅ Auditor alleges deficit understated by $1.3B

✅ Dispute over PSAS vs US-style accounting

✅ KPMG support, transparency and co-operation questioned

The bad blood between the Ontario government and auditor general bubbled to the surface once again Monday, with the Liberal energy minister downplaying a dispute between the auditor and the Crown corporation that manages the province's electricity market, even as the government pursued legislation to lower electricity rates in the province.

Glenn Thibeault said concerns raised by auditor general Bonnie Lysyk during testimony before a legislative committee last week aren't new and the practices being used by the Independent Electricity System Operator are commonly endorsed by major auditing firms.

"(Lysyk) doesn't like the rate-regulated accounting. We've always said we've relied on the other experts within the field as well, plus the provincial controller," Thibeault said.

#google#

"We believe that we are following public sector accounting standards."

Thibeault said that Ontario Power Generation, Hydro One and many other provinces and U.S. states use the same accounting practices.

"We go with what we're being told by those who are in the field, like KPMG, like E&Y," he said.

But a statement from Lysyk's office Monday disputed Thibeault's assessment.

"The minister said the practices being used by the IESO are common in other jurisdictions," the statement said.

"In fact, the situation with the IESO is different because none of the six other jurisdictions with entities similar to the IESOuse Canadian Public Sector Accounting Standards. Five of them are in the United States and use U.S. accounting standards."

Lysyk said last week that the IESO is using "bogus" accounting practices and her office launched a special audit of the agency late last year after the agency changed their accounting to be more in line with U.S. accounting, following reports of a phantom demand problem that cost customers millions.

Lysyk said the accounting changes made by the IESO impact the province's deficit, understating it by $1.3 billion as of the end of 2017, adding that IESO "stalled" her office when it asked for information and was not co-operative during the audit.

Lysyk's full audit of the IESO is expected to be released in the coming weeks and is among several accounting disputes her office has been engaged in with the Liberal government over the past few years.

Last fall, she accused the government of purposely obscuring the true financial impact of its 25% hydro rate cut by keeping billions in debt used to finance that plan off the province's books. Lysyk had said she would audit the IESO because of its role in the hydro plan's complex accounting scheme.

"Management of the IESO and the board would not co-operate with us, in the sense that they continually say they're co-operating, but they stalled on giving us information," she said last week.

Terry Young, a vice-president with the IESO, said the agency has fully co-operated with the auditor general. The IESO opened up its office to seven staff members from the auditor's office while they did their work.

"We recognize the work that she's doing and to that end we've tried to fully co-operate," he said. "We've given her all of the information that we can."

Young said the change in accounting standards is about ensuring greater transparency in transactions in the energy marketplace.

"It's consistent with many other independent electricity system operators are doing," he said.

Lysyk also criticized IESO's accounting firm, KPMG, for agreeing with the IESO on the accounting standards. She was critical of the firm billing taxpayers for nearly $600,000 work with the IESO in 2017, compared to their normal yearly audit fee of $86,500.

KPMG spokeswoman Lisa Papas said the accounting issues that IESO addressed during 2017 were complex, contributing to the higher fees.

The accounting practices the auditor is questioning are a "difference of professional judgement," she said.

"The standards for public sector organizations such as IESO are principles-based standards and, accordingly, require the exercise of considerable professional judgement," she said in a statement.

"In many cases, there is more than one acceptable approach that is compliant with the applicable standards."

Progressive Conservative energy critic Todd Smith said the government isn't being transparent with the auditor general or taxpayers, aligning with calls for cleaning up Ontario's hydro mess in the sector.

"Obviously, they have some kind of dispute but the auditor's office is saying that the numbers that the government is putting out there are bogus.

Those are her words," he said. "We've always said that we believe the auditor general's are the true numbers for the
province of Ontario."

NDP energy critic Peter Tabuns said the Liberal government has decided to "play with accounting rules" to make its books look better ahead of the spring election, despite warnings that electricity prices could soar if costs are pushed into the future.

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