Green energy gets blame for high electricity bills

Clean Energy Industry Support includes tax credits, refundability, safe harbor extensions, EV incentives, and stimulus measures to stabilize renewable energy projects, protect the workforce, and ensure financing continuity during economic recovery.

Key Points

Policies and funding to stabilize renewables, protect jobs, and extend tax incentives for workforce continuity.

✅ Extend PTC/ITC and remove phase-outs to sustain projects

✅ Enable direct pay or refundability to unlock financing

✅ Preserve safe harbor timelines disrupted by supply chains

U.S. Senator Catherine Cortez Masto (D-Nev.) led 17 Senate colleagues, as the Senate moves to modernize public-land renewables, in sending a letter calling on Congress to include support for the United States' clean energy industry and workforce in any economic aid packages.

"As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, echoing a power-sector call for action from industry groups," said the senators. "This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity."

"We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence, as the sector targets a market majority, for those workers that they will be able to keep their paychecks and their jobs in this critical industry," the senators also said.

In addition to Senator Cortez Masto, the letter was also signed by Senators Ed Markey (D-Mass.), Martin Heinrich (D-N.M), Sheldon Whitehouse (D-R.I.), Debbie Stabenow (D-Mich.), Tina Smith (D-Minn.), Jack Reed (D-R.I.), Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.), Amy Klobuchar (D-Minn.), Chris Van Hollen (D-Md.), Dianne Feinstein (D-Calif.), Jacky Rosen (D-Nev.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Dick Durbin (D-Ill.), and Kyrsten Sinema (D-Ariz.).

Dear Leader McConnell, Leader Schumer, Chairman Grassley, Ranking Member Wyden:

As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, with wind investments at risk amid the pandemic. This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity.

First and foremost, we need to take care of workers' health and immediate needs to stay in their homes and provide for their families, and the Families First Coronavirus Response Act is a critical down payment. Now, we must make sure the workforce has jobs to return to and that employers remain able to pay for critical benefits like paid sick and family leave, healthcare, and Unemployment Insurance.

The renewable energy industry employs over 800,000 people across every state in the United States. This industry and its workers could suffer significant harms as a result of the coronavirus emergency and resulting financial impact. Renewable energy businesses are already seeing project cancellations or delays, as the Covid-19 crisis hits solar and wind across the sector, with the solar industry reporting delays of 30 percent. Likewise, the energy efficiency sector is susceptible to similar impacts. As the coronavirus pandemic intensifies in the United States, that rate of delay or cancellations will only continue to skyrocket. Global and domestic supply chains are already facing chaotic changes, with equipment delays of three to four months for parts of the industry. A major collapse in financing is all but certain as investment firms' profits turn to losses and capital is suddenly unavailable for large labor-intensive investments.

To ensure that we do not lose years of progress on clean energy and the source of employment for tens of thousands of renewable energy workers, Congress should look to previous relief packages as an example for how to support this sector and the broader American economy. The American Recovery and Reinvestment Act of 2009 (also known as the Recovery Act or ARRA) provided over $90 billion in funding for clean energy and grid modernization, along with emergency relief programs. Specifically, ARRA provided immediate funding streams like the 1603 Cash Grant program for renewables and the 30 percent clean energy manufacturing tax credit to give immediate relief for the clean energy industry. As Congress develops this new package, it should consider these immediate relief programs for the renewable and clean energy industry, especially as analyses suggest green energy could drive Covid-19 recovery at scale. This could include direct payment or refundability, extensions of safe harbor continuity, tax credit extensions, electric vehicle credit expansion, or removal of the current phase-out schedules for the clean energy industry.

We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence for those workers that they will be able to keep their paychecks and their jobs in this critical industry.

These strategies to provide assistance to the clean energy industry must be included in any financial recovery discussions, particularly if the Trump Administration continues its push to aid the oil industry, even as some advocate a total fossil fuel lockdown to accelerate climate action. We appreciate your consideration and collaboration as we do everything in our power to quickly recover from this health and economic emergency.

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Brazil Energy Emergency Loan Package aims to bolster utilities via BNDES as coronavirus curbs electricity demand. Aneel and the Mines and Energy Ministry weigh measures while Eletrobras privatization and auctions face delays.

Key Points

An emergency plan supporting Brazilian utilities via BNDES and banks during coronavirus demand slumps and payment risks.

✅ Modeled on 2014-2015 sector loans via BNDES and private banks

✅ Addresses cash flow from lower demand and bill nonpayment

✅ Auctions and Eletrobras privatization delayed amid outbreak

Brazil’s government is considering an emergency loan package for energy distributors struggling with lower energy use and facing lost revenues because of the coronavirus outbreak, echoing strains seen elsewhere such as Germany's utility troubles during the energy crisis, an industry group told Reuters.

Marcos Madureira, president of Brazilian energy distributors association Abradee, said the package being negotiated by companies and the government could involve loans from state development bank BNDES or a pool of banks, but that the value of the loans and other details was not yet settled.

Also, Brazil’s Mines and Energy Ministry is indefinitely postponing projects to auction off energy transmission and generation assets planned for this year because of the coronavirus, even as the need for electricity during COVID-19 remained critical, it said in the Official Gazette.

The coronavirus outbreak will also delay the privatization of state-owned utility Eletrobras, its chief executive officer said on Monday.

The potential loan package under discussion would resemble a similar measure in 2014 and 2015 that offered about 22 billion reais ($4.2 billion) in loans to the sector as Brazil was entering its deepest recession on record, and drawing comparisons to a proposed Texas market bailout after a winter storm, Madureira said.

Public and private banks including BNDES, Caixa Economica Federal, Itau Unibanco and Banco Bradesco participated in those loans.

Three sources involved in the discussions said on condition of anonymity that the Mines and Energy Ministry and energy regulator Aneel were considering the matter.

Aneel declined to comment. The Mines and Energy Ministry and BNDES did not immediately respond to requests for comment.

Energy distributors worry that reduced electricity demand during COVID-19 could result in deep revenue losses.

The coronavirus has led to widespread lockdowns of non-essential businesses in Brazil, while citizens are being told to stay home. That is causing lost income for many hourly and informal workers in Brazil, who could be unable to pay their electricity bills, raising risks of pandemic power shut-offs for vulnerable households.

The government sees a loan package as a way to stave off a potential chain of defaults in the sector, a move discussed alongside measures such as a Brazil tax strategy on energy prices, one of the sources said.

On a conference call with investors about the company’s latest earnings, Eletrobras CEO Wilson Ferreira Jr. said privatization would be delayed, without giving any more details on the projected time scale.

The largest investors in Brazil’s energy distribution sector include Italy’s Enel, Spain’s Iberdrola via its subsidiary Neoenergia and China’s State Grid via CPFL Energia, with Chinese interest also evidenced by CTG's bid for EDP, as well as local players Energisa e Equatorial Energia. 

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Canada Clean Electricity leads decarbonization, slashing power-sector emissions through coal phase-out, renewables like hydro, wind, and solar, and nuclear. Provinces cut carbon intensity, enabling electrification of transport and buildings toward net-zero goals.

Key Points

Canada Clean Electricity is the shift to low-emission power by phasing out coal and scaling renewables and nuclear.

✅ 38% cut in electricity emissions since 2005; 84% fossil-free power.

✅ Provinces lead coal phase-out; carbon intensity plummets.

✅ Enables EVs, heat pumps, and building electrification.

It's our country’s one big climate success so far.

"All across Canada, electricity generation has been getting much cleaner. It's our country’s one big climate success so far,"

To illustrate how quickly electric power is being cleaned up, what's still left to do, and the benefits it brings, I've dug into Canada's latest emissions inventory and created a series of charts below.

The sector that could

Climate pollution by Canadian economic sector, 2005 to 2017My first chart shows how Canada's economic sectors have changed their climate pollution since 2005.

While most sectors have increased their pollution or made little progress in the climate fight, our electricity sector has shined.

As the green line shows, Canadians have eliminated an impressive 38 per cent of the climate pollution from electricity generation in just over a decade.

To put these shifts into context, I've shown Canada's 2020 climate target on the chart as a gray star. This target was set by the Harper government as part of the global Copenhagen Accord. Specifically, Canada pledged to cut our climate pollution 17 per cent below 2005 levels under evolving Canadian climate policy frameworks of the time.

As you can see, the electricity sector is the only one to have done that so far. And it didn’t just hit the target — it cut more than twice as much.

Change in Canada's electricity generation, 2005 to 2017My next chart shows how the electricity mix changed. The big climate pollution cuts came primarily from reductions in coal burning, highlighting the broader implications of decarbonizing Canada's electricity grid for fuel choices.

The decline in coal-fired power was replaced (and then some) by increases in renewable electricity and other zero-emissions sources — hydro, wind, solar and nuclear.

As a result, Canada's overall electricity generation is now 84 per cent fossil free.

Every province making progress

A primary reason why electricity emissions fell so quickly is because every province worked to clean up Canada's electricity together.

Change in Canadian provincial electricity carbon intensity, 2005 to 2017

My next chart illustrates this rare example of Canada-wide climate progress. It shows how quickly the carbon-intensity of electricity generation has declined in different provinces.

(Note: carbon-intensity is the amount of climate pollution emitted per kilowatt-hour of electricity generated: gCO2e/kWh).

Ontario clearly led the way with an amazing 92 per cent reduction in climate pollution per kWh in just twelve years. Most of that came from ending the burning of coal in their power plants. But a big chunk also came from cutting in half the amount of natural gas they burn for electricity.

Manitoba, Quebec and B.C. also made huge improvements.

Even Alberta and Saskatchewan, which were otherwise busy increasing their overall climate pollution, made progress in cleaning up their electricity.

These real-world examples show that rapid and substantial climate progress can happen in Canada when a broad-spectrum of political parties and provinces decide to act.

Most Canadians now have superclean electricity

As a result of this rapid cleanup, most Canadians now have access to superclean energy.

Canadian provincial electricity carbon intensity in 2017

Who has it? And how clean is it?

The biggest climate story here is the superclean electricity generated by the four provinces shown on the left side — Quebec, Manitoba, B.C. and Ontario. Eighty per cent of Canadians live in these provinces and have access to this climate-safe energy source.

Those living in Alberta and Saskatchewan, however, still have fairly dirty electricity — as shown in orange on the right — and options like bridging the electricity gap between Alberta and B.C. could accelerate progress in the West.

A lot more cleanup must happen here before the families and businesses in these provinces have a climate-safe energy supply.

What's left to do?

Canada's electricity sector has two big climate tasks remaining: finishing the cleanup of existing power and generating even more clean energy to replace fossil fuels like the gasoline and natural gas used by vehicles, factories and other buildings.

Finishing the clean up

Climate pollution from Canadian provincial electricity 2005 and 2017

As we saw above, more than a third of the climate pollution from electricity has already been eliminated. That leaves nearly two-thirds still to clean up.

Back in 2005, Canada's total electricity emissions were 125 million tonnes (MtCO2).

Over the next twelve years, emissions fell by more than a third (-46 MtCO2). Ontario did most of the work by cutting 33 MtCO2. Alberta, New Brunswick and Nova Scotia made the next biggest cuts of around 4 MtCO2 each.

Now nearly eighty million tonnes of climate pollution remain.

As you can see, nearly all of that now comes from Alberta and Saskatchewan. As a result, continuing Canada's climate progress in the power sector now requires big cuts in the electricity emissions from these two provinces.

Generating more clean electricity

The second big climate task remaining for Canada's electricity is to generate more clean electricity to replace the fossil fuels burned in other sectors. My next chart lets you see how big a task this is.

Clean electricity generation by Canadian province, 2017

It shows how much climate-safe electricity is currently generated in major provinces. This includes zero-emissions renewables (blue bars) and nuclear power (pale blue).

Quebec tops the list with 191 terawatt-hours (TWh) per year. While impressive, it only accounts for around half of the energy Quebecers use. The other half still comes from climate-damaging fossil fuels and to replace those, Quebec will need to build out more clean energy.

The good news here is that electricity is more efficient for most tasks, so fossil fuels can be replaced with significantly less electric energy. In addition, other efficiency and reduction measures can further reduce the amount of new electricity needed.

Newfoundland and Labrador is in the best situation. They are the only province that already generates more climate-safe electricity than they would need to replace all the fossil fuels they burn. They currently export most of that clean electricity.

At the other extreme are Alberta and Saskatchewan. These provinces currently produce very little climate-safe energy. For example, Alberta's 7 TWh of climate-safe electricity is only enough to cover 1 per cent of the energy used in the province.

All told, Canadians currently burn fossil fuels for three-quarters of the energy we use. To preserve a safe-and-sane climate, most provinces will soon need lots more clean electricity in the race to net-zero to replace the fossil fuels we burn.

How soon will they need it?

According to the most recent report from the International Panel on Climate Change (IPCC), avoiding a full-blown climate crisis will require humanity to cut emissions by 45 per cent over the next decade.

Using electricity to clean up other sectors

Finally, let's look at how electricity can help clean up two of Canada’s other high-emission sectors — transportation and buildings.

Cleaning up transportation

Transportation is now the second biggest climate polluting sector in Canada (after the oil and gas industry). So, it’s a top priority to reduce the amount of gasoline we use.

Canadian provincial electricity carbon intensity in 2017, plus gasoline equivalent

Switching to electric vehicles (EVs) can reduce transportation emissions by a little, or a lot. It depends on how clean the electricity supply is.

To make it easy to compare gasoline to each province's electricity I've added a new grey-striped zone at the top of the carbon-intensity chart.

This new zone shows that burning gasoline in cars and trucks has a carbon-intensity equivalent to more than 1,000 gCO2e/kWh. (If you are interested in the details of this and other data points, see the geeky endnotes.)

The good news is that every province's electricity is now much cleaner than gasoline as a transportation fuel.

In fact, most Canadians have electricity that is at least 95 per cent less climate polluting than gasoline. Electrifying vehicles in these provinces virtually eliminates those transportation emissions.

Even in Alberta, which has the dirtiest electricity, it is 20 per cent cleaner than gasoline. That's a help, for sure. But it also means that Albertans must electrify many more vehicles to achieve the same emissions reductions as regions with cleaner electricity.

In addition to reducing climate pollution, switching transportation to electricity brings other big benefits:

It reduces air pollution in cities — a major health hazard.

It cuts the energy required for transportation by 75 per cent — because electric motors are so much more efficient.

It reduces fuel costs up to 80 per cent — saving tens of thousands of dollars.

And for gasoline-importing provinces, using local electricity keeps billions of fuel dollars inside their provincial economy.

As an extra bonus, it makes it hard for companies to manipulate the price or for outsiders to "turn off the taps.”

Cleaning up buildings

Canada's third biggest source of climate pollution is the buildings sector.

Burning natural gas for heating is the primary cause. So, reducing the amount of fossil gas burned in buildings is another top climate requirement.

Canadian provincial electricity carbon intensity in 2017, plus gasoline and nat gas heating equivalent

Heating with electricity is a common alternative. However, it's not always less climate polluting. It depends on how clean the electricity is.

To compare these two heating sources, look at the lower grey-striped zone I've added to the chart.

It shows that heating with natural gas has a carbon-intensity of 200 to 300 gCO2 per kWh of heat delivered. High-efficiency gas furnaces are at the lower end of this range.

As you can see, for most Canadians, electric heat is now the much cleaner choice — nearly eliminating emissions from buildings. But in Alberta and Saskatchewan, electricity is still too dirty to replace natural gas heat.

The climate benefits of electric heat can be improved further by using the newer high-efficiency air-source heat pump technologies like mini-splits. These can heat using one half to one third of the electricity of standard electric baseboard heaters. That means it is possible to use electricity that is a bit dirtier than natural gas and still deliver cleaner heating. As a bonus, heat pumps can free up a lot of existing electricity supply when used to replace existing electric baseboards.

Electrify everything

You’ve probably heard people say that to fight climate breakdown, we need to “electrify everything.” Of course, the electricity itself needs to be clean and what we’ve seen is that Canada is making important progress on that front. The electricity industry, and the politicians that prodded them, all deserve kudos for slashing emissions at more than twice the rate of any other sector.

We still need to finish the cleanup job, but we also need to turn our sights to the even bigger task ahead: requiring that everything fossil fuelled — every building, every factory, every vehicle — switches to clean Canadian power.

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Atlantic Canada Energy Regulatory Reform accelerates smart grids, renewables, hydrogen, and small modular reactors to meet climate targets, enabling interprovincial transmission, EV charging, and decarbonization toward a net-zero grid by 2035 with agile, collaborative policies.

Key Points

A policy shift enabling smart grids, clean energy, and transmission upgrades to decarbonize Atlantic Canada by 2035.

✅ Agile rules for smart grids, EV load, and peak demand balancing

✅ Interprovincial transmission: Maritime Link, NB-PEI, Atlantic Loop

✅ Supports hydrogen, SMRs, and renewables to cut GHG emissions

Atlantica Centre for Energy Senior Policy Consultant Neil Jacobsen says the future of Atlantic Canada’s electricity grid depends on agile regulations, supported by targeted research such as the $2M Atlantic grid study, that match the pace at which renewable technologies are being developed in the race to meet Canada’s climate goals.

In an interview, Jacobsen stressed the need for a more modernized energy regulatory framework, so the Atlantic Provinces can collaborate to quickly develop and adopt cleaner energy.

To this end, Atlantica released a paper that makes the case for responsive smart grid technology, the adaptation of alternative forms of clean energy, the adaptation of hydrogen as an energy source, petroleum price regulation in Atlantic Canada and small modular reactors.

Jacobsen said regulations need to match Canada’s urgency around reducing greenhouse gas emissions by 40 to 45 percent by 2030, achieving a net-neutral national power grid by 2035 and ultimately a net-zero grid by 2050 in Canada – and the goal that 50 percent of Canadian vehicle sales being electric by 2030.

“It’s an evolution of policy and regulations to adapt to a very aggressive timeline of aggressive climate change and decarbonization targets,” said Jacobsen.

“These are transformational energy and environmental commitments, so the path forward really requires the ability to introduce and adapt and move forward with new clean renewable energy technologies.”

Jacobsen said Atlantica’s recommendations are not a criticism of existing regulations– but an acknowledgment that they need to evolve.

He noted newer, clearer regulations will make way for new energy sources – particularly a region that has the countries highest rates of dependency on fossil fuels and growing climate risks, with Atlantic grids under threat from more intense storms.

“We have a long way to go, but at the same time, we have a lot to celebrate. Atlantic Canada is leading the country in reducing greenhouse gas emissions,” said Jacobsen.

“There are new ways of producing energy that requires us to be able to be much more responsive and this is an opportunity to create a higher level of alignment here, in Atlantic Canada.”

Jacobsen said Atlantica is looking to aid interprovincial cooperation in providing power, echoing calls for a western Canadian grid elsewhere, through projects like the 500-megawatt, 170-kilometre Maritime Link that transports power from the Muskrat Falls hydroelectric dam in Labrador, through Newfoundland and across the Cabot Strait, to Nova Scotia – or NB Power’s export of electricity to P.E.I., via sub-sea cables crossing the Northumberland Strait.

He noted streamlined regulations may allow for more potential wider-scale partnerships, like the proposed Atlantic Loop project, aligning with macrogrid investments that would involve upgrading transmission capacity on the East Coast to allow hydroelectric power from Labrador and Quebec to displace coal use in the region.

Atlantic Canada has led the way with adaption new renewable technologies, noted Jacobsen, referring to nuclear startups Moltex Energy and ARC Nuclear Canada’s efforts to develop small modular nuclear reactor technology in New Brunswick, as well as the potential of adopting hydrogen fuel technology and Nova Scotia’s strides in developing offshore renewable energy.

“I don’t think we have any choice other than to be forceful and aggressive in driving forward a renewable energy agenda.”

Jacobsen said cooperation between the Atlantic provinces is crucial because of how challenging it is to meet energy demand with heavy seasonal and daily variations in energy demand in the region – something smart grid technology could address.

Smart Grid Atlantic is a four-year research and demonstration program testing technologies that provide cleaner local power, support a smarter electricity infrastructure across the region, more renewable power, more information and control over power use and more reliable electricity.

“It can be challenging for utilities to meet those cyclical demands, especially as grids are increasingly exposed to harsh weather across Canada. Smart girds add knowledge of the flow of electrons in a way that can help even out those electricity demands – and quite frankly, those demands will only increase when you look at the electrification of the transportation sector,” he said.

Jacobsen said Atlantica’s paper and call for modernized regulations are only the beginning of a conversation.

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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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Pacific Northwest Transmission Bottleneck slows clean energy progress as BPA's aging grid constrains renewable interconnections, delaying wind, solar, and data center growth; decarbonization targets depend on transmission upgrades, new substations, and policy reform.

Key Points

An interconnection and capacity shortfall on BPA's aging grid that delays renewables and impedes clean energy goals.

✅ BPA approvals lag: 1 of 469 projects since 2015.

✅ Yakama solar waits for substation upgrades until 2027.

✅ Data centers and decarbonization targets face grid constraints.

Oregon and Washington have set ambitious targets to decarbonize their power sectors, aiming for 100% clean electricity in the coming decades. However, a significant obstacle stands in the way: the region's aging and overburdened transmission grid, underscoring why 100% renewables remain elusive even as momentum builds.

The Grid Bottleneck

The BPA operates a transmission system that is nearly a century old in some areas, and its capacity has not expanded sufficiently to accommodate the influx of renewable energy projects, reflecting stalled grid spending in many parts of the U.S., according to recent analyses. Since 2015, 469 large renewable projects have applied to connect to the BPA's grid; however, only one has been approved—a stark contrast to other regions in the country. This bottleneck has left numerous wind and solar projects in limbo, unable to deliver power to the grid.

One notable example is the Yakama Nation's solar project. Despite receiving a $32 million federal grant under the bipartisan infrastructure law as part of a broader grid overhaul for renewables, the tribe faces significant delays. The BPA estimates that it will take until 2027 to complete the necessary upgrades to the transmission system, including a new substation, before the solar array can be connected. This timeline poses a risk of losing federal funding if the project isn't operational by 2031.

Economic and Environmental Implications

The slow pace of grid expansion has broader implications for the region's economy and environmental goals. Data centers and other energy-intensive industries are increasingly drawn to the Pacific Northwest due to its clean energy potential, while interregional projects like the Wyoming-to-California wind link illustrate how transmission access can unlock supply. However, without adequate infrastructure, these industries may seek alternatives elsewhere. Additionally, the inability to integrate renewable energy efficiently hampers efforts to reduce greenhouse gas emissions and combat climate change.

Policy Challenges and Legislative Efforts

Efforts to address the grid limitations through state-level initiatives have faced challenges, even as a federal rule to boost transmission advances nationally. In 2025, both Oregon and Washington considered legislation to establish state bonding authorities aimed at financing transmission upgrades. However, these bills failed to pass, leaving the BPA as the primary entity responsible for grid expansion. The BPA's unique structure—operating as a self-funded federal agency without direct state oversight—has made it difficult for regional leaders to influence its decision-making processes.

Looking Ahead

The Pacific Northwest's renewable energy aspirations hinge on modernizing its transmission infrastructure, aligning with decarbonization strategies that emphasize grid buildout. While the BPA has proposed several projects to enhance grid capacity, the timeline for completion remains uncertain. Without significant investment and policy reforms, the region risks falling behind in the transition to a clean energy future. Stakeholders across Oregon and Washington must collaborate to advocate for necessary changes and ensure that the grid can support the growing demand for renewable energy.

The Pacific Northwest's commitment to clean energy is commendable, but achieving these goals requires overcoming substantial infrastructure challenges, and neighboring jurisdictions such as British Columbia have pursued B.C. regulatory streamlining to accelerate projects. Addressing the limitations of the BPA's transmission system is critical to unlocking the full potential of renewable energy in the region. Only through concerted efforts at the federal, state, and local levels can Oregon and Washington hope to realize their green energy ambitions.

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