Flip-flop on wind outrages industry

By Globe and Mail


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Ontario's decision to put the brakes on all offshore wind power is drawing criticism from businesses behind several major wind projects in the province.

Executives in the renewable sector say the province's dramatic reversal, which effectively killed offshore plans, is highly damaging to Ontario's reputation as a leader in renewable energy. It also risks denting investment in an industry that was on the upswing as a result of the province's green-energy policies.

The McGuinty government announced that it will not allow any offshore wind projects to proceed until further scientific research is conducted into its environmental impact. The surprise decision drew praise from turbine opponents who are concerned over health effects and visual blight, but scorn from environmentalists and businesses that support renewable power.

Even though the policy change does not affect onshore wind projects or other renewables such as solar power, the fact that the government changed its policy so suddenly on offshore wind is enough to scare off investors from green energy projects, said John Kourtouff, president of Trillium Power Wind Corp., which has been considering four large wind projects in the Great Lakes and has one in an advanced planning stage.

"This destroys Ontario's credibility globally," he said. "Nobody will touch Ontario for many years in renewables."

Ontario Energy Minister Brad Duguid said in an interview that despite the reversal, the government remains fully committed to "building out renewables." The province is determined to become a "clean energy global powerhouse," he said, and only a tiny fraction of green energy was going to come from offshore wind.

But other executives in the sector sided with Mr. Kourtouff, arguing that Ontario's decision could put a damper on investor enthusiasm.

"Anything can shake investor confidence, and there is really nothing worse than a government policy reversal," said John Keating, chairman of Alberta-based startup BluEarth Renewables Inc. and former chief executive officer of Canadian Hydro Developers Inc., which was Canada's largest independent renewable energy firm before it was bought by TransAlta Corp. in 2009.

The turnaround is especially problematic, Mr. Keating said, because Ontario was considered enlightened by environmentalists and developers. Now that reputation is in tatters.

"I was surprised and somewhat shocked, because the government has steadfastly supported its Green Energy Act since its introduction," Mr. Keating said. Now, there is "increased risk" that other changes might be made to the rules, he said. "It sends a bad signal."

Ian Kerr, vice-president of Canadian development at Brookfield Renewable Power Inc., BRC.UN-T said Ontario's "flip-flop" raises questions about the stability of the province's energy policies. "I can see some potential entrants, even in other sectors of the renewable industry, holding off on investment because of that," he said.

The one company that had already signed a contract to supply power to the Ontario energy grid from an offshore project has said little about its plans since the announcement.

"We're assessing our options," said Nancy Baines, finance director at Windstream Energy Inc., adding that the company was disappointed and surprised by the government's move.

Windstream had a contract to sell the province 300 megawatts of power from a series of turbines offshore of Kingston, although it had not yet gained approvals from Ontario's Natural Resources or Environment ministries. The contract is now dead.

For Trillium, a company built entirely on the prospect of constructing wind projects in the Great Lakes, the province's decision is nothing less than a disaster.

"They are destroying the entire industry," Mr. Kourtoff said. "This isn't a moratorium, this is a St. Valentine's Day massacre of the offshore wind industry in Ontario." The industry had the opportunity to be a leader in fresh water wind power, he said, and there was the potential to create thousands of jobs.

Mr. Kourtoff said he is considering legal action against the government if his company does not get some form of compensation from Ontario.

He said he thinks Ontario's decision was purely political, designed to appease voters concerned about wind power ahead of a provincial election, and had nothing to do with environmental concerns.

"If you are 28 kilometres out in the middle of the lake... and you're on bedrock, there are no environmental issues that are problematic here.

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Sask. Party pledges 10% rebate on SaskPower electricity bills

SaskPower 10% Electricity Rebate promises one-year bill relief for households, farms, businesses, hospitals, schools, and universities in Saskatchewan, boosting affordability amid COVID-19, offsetting rate hikes, and countering carbon tax impacts under Scott Moe's plan.

 

Key Points

One-year 10% SaskPower rebate lowering bills for residents, farms, and institutions, funded by general revenue.

✅ Applies automatically to all customers for 12 months from Dec 2020.

✅ Average savings: $215 residential; $845 farm; broad sector coverage.

✅ Cost $261.6M, paid from the general revenue fund; separate from carbon tax.

 

Saskatchewan Party leader Scott Moe says SaskPower customers can expect a one-year, 10 per cent rebate on electricity if they are elected government.

Moe said the pledge aims to make life more affordable for people, including through lower electricity rates initiatives seen in other provinces. The rate would apply to everyone, including residential customers, farmers, businesses, hospitals, schools and universities.

The plan, which would cost government $261.6 million, expects to save the average residential customer $215 over the course of the year and the average farm customer $845.  

“This is a very equitable way to ensure that we are not only providing that opportunity for those dollars to go back into our economy and foster the economic recovery that we are working towards here, in Saskatchewan, across Canada and around the globe, but it also speaks to the affordability for our Saskatchewan families, reducing the dollars a day off to pay for their for their power bill,” Moe said.

The rebate would be applied automatically to all SaskPower bills for 12 months, starting in December 2020. 

Moe said residential customers who are net metering and generating their own power, such as solar power, would receive a $215 rebate over the 12-month period, which is the equivalent of the average residential rebate.

The $261.6 million in costs would be covered by the government’s general revenue fund.   

The Saskatchewan NDP said the proposed reduction is "a big change in direction from the Sask. Party’s long history of making life more expensive for Saskatchewan families." and recently took aim at a SaskPower rate hike approval as part of that critique.

Trent Wotherspoon, NDP candidate for Regina Rosemont and former finance critic, called the pledge criticized the one year time frame and said Saskatchewan people need long term, reliable affordability, noting that the Ontario-Quebec hydro deal has not reduced hydro bills for consumers. Something, he said, is reflected in the NDP plan.

“We've already brought about announcements that bring about affordability, such as the break on SGI auto insurance that'll happen, year after year after year, affordable childcare which has been already announced and committed to things like a decent minimum wage instead of having the lowest minimum wage in Canada,” Wotherspoon said.

The NDP pointed out SaskPower bills have increased by 57 per cent since 2007 for families with an average household income of $75,000, while Nova Scotia's 14% rate hike was recently approved by its regulator.

It said the average bill for such household was $901 in 2007-08 and is now $1,418 in 2019-20, while in neighbouring provinces Manitoba rate increases of 2.5 per cent annually have also been proposed for three years.

"This is on top of the PST increases that the Sask. Party put on everyday families – costing them more than $700 a year," the NDP said.

Moe took aim at the federal Liberal government’s carbon tax, citing concerns that electricity prices could soar under national policies.

He said if the Saskatchewan government wins its court fight against Ottawa, all SaskPower customers can expect to save an additional $150 million per year, and he questioned the federal 2035 net-zero electricity grid target in that context.

“As it stands right now, the Trudeau government plans to raise the carbon tax from $30 to $40 a tonne on Jan. 1,” Moe said. “Trudeau plans to raise taxes and your SaskPower bill, in the middle of a pandemic.  The Saskatchewan Party will give you a break by cutting your power bill.”

 

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Russian Strikes Threaten Ukraine's Power Grid

Ukraine Power Grid Attacks intensify as missile and drone strikes hit substations and power plants, causing blackouts, humanitarian crises, strained hospitals, and emergency repairs, with winter energy shortages and civilian infrastructure damage worsening nationwide.

 

Key Points

Strikes on energy infrastructure causing blackouts, service disruption, and heightened humanitarian risk in winter.

✅ Missile and drone strikes cripple plants, substations, and lines

✅ Blackouts disrupt water, heating, hospitals, and critical services

✅ Emergency repairs, generators, and aid mitigate winter shortages

 

Ukraine's energy infrastructure remains a primary target in Russia's ongoing invasion, with a recent wave of missile strikes causing power outages in western regions and disrupting critical services across the country. These attacks have devastating humanitarian consequences, leaving millions of Ukrainians without heat, water, and electricity as winter approaches.


Systematic Targeting of Energy Infrastructure

Russia's strategy of deliberately targeting Ukraine's power grid marks a significant escalation, directly affecting the lives of civilians. Power plants, substations, and transmission lines have been hit with missiles and drones, with the latest strikes in late April causing blackouts in cities across Ukraine, including the capital, Kyiv, as the country fights to keep the lights on amid relentless bombardment.


Humanitarian Catastrophe Looms

The damage to Ukraine's electrical system hinders essential services like water supply, sewage treatment, and heating. Hospitals and other critical facilities struggle to operate without reliable power. With winter around the corner, the ongoing attacks threaten a humanitarian catastrophe even as authorities outline plans to keep the lights on this winter for vulnerable communities.


Ukrainian Resolve Remains Unbroken

Despite the devastation, Ukrainian engineers and workers race against time to repair damaged infrastructure and restore power as quickly as possible, while communities adopt new energy solutions to overcome blackouts to maintain essential services. The nation's energy workers have been hailed as heroes for their tireless efforts to keep the lights on amidst relentless attacks. Officials have urged civilians to reduce energy consumption whenever possible to alleviate strain on the fragile grid.


International Condemnation and Support

The systematic attacks on Ukraine's power grid have been widely condemned by the international community.  Western nations have accused Russia of war crimes, highlighting the deliberate targeting of civilian infrastructure. Aid organizations and countries are coordinating efforts to provide emergency power supplies, including generators and transformers, to help Ukraine mitigate the immediate crisis, even as the U.S. ended support for grid restoration in a recent policy shift.


Implications Beyond Ukraine

The humanitarian crisis unfolding in Ukraine due to power grid attacks carries implications far beyond its borders. The disruption of energy supplies could lead to further instability in neighbouring countries dependent on Ukraine's power exports, although officials say electricity reserves are sufficient to prevent scheduled outages if attacks subside. Additionally, a surge in Ukrainian refugees fleeing the deteriorating conditions could put a strain on resources within the European Union.


War Crimes Allegations

International human rights organizations are documenting evidence of Russia's deliberate attacks on Ukraine's civilian infrastructure. Human Rights Watch (HRW) has stated that Russia's targeting of power stations could violate the laws of war and amount to war crimes. This documentation will be crucial for holding Russia accountable for its actions in the future.


Uncertain Future for Ukraine's Power Supply

The long-term consequences of Russia's sustained attacks on Ukraine's power grid remain uncertain. While Ukrainian workers demonstrate incredible resilience, the sheer scale of repeated damage may eventually overwhelm their ability to keep pace with repairs, and, as winter looms over the battlefront, electricity is civilization for frontline communities. Rebuilding destroyed infrastructure could take years and cost billions, a daunting task for a nation already ravaged by war.

 

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Data Center Boom Poses a Power Challenge for U.S. Utilities

U.S. Data Center Power Demand is straining electric utilities and grid reliability as AI, cloud computing, and streaming surge, driving transmission and generation upgrades, demand response, and renewable energy sourcing amid rising electricity costs.

 

Key Points

The rising electricity load from U.S. data centers, affecting utilities, grid capacity, and energy prices.

✅ AI, cloud, and streaming spur hyperscale compute loads

✅ Grid upgrades: transmission, generation, and substations

✅ Demand response, efficiency, and renewables mitigate strain

 

U.S. electric utilities are facing a significant new challenge as the explosive growth of data centers puts unprecedented strain on power grids across the nation. According to a new report from Reuters, data centers' power demands are expected to increase dramatically over the next few years, raising concerns about grid reliability and potential increases in electricity costs for businesses and consumers.


What's Driving the Data Center Surge?

The explosion in data centers is being fueled by several factors, with grid edge trends offering early context for these shifts:

  • Cloud Computing: The rise of cloud computing services, where businesses and individuals store and process data on remote servers, significantly increases demand for data centers.
  • Artificial Intelligence (AI): Data-hungry AI applications and machine learning algorithms are driving a massive need for computing power, accelerating the growth of data centers.
  • Streaming and Video Content: The growth of streaming platforms and high-definition video content requires vast amounts of data storage and processing, further boosting demand for data centers.


Challenges for Utilities

Data centers are notorious energy hogs. Their need for a constant, reliable supply of electricity places  heavy demand on the grid, making integrating AI data centers a complex planning challenge, often in regions where power infrastructure wasn't designed for such large loads. Utilities must invest significantly in transmission and generation capacity upgrades to meet the demand while ensuring grid stability.

Some experts warn that the growth of data centers could lead to brownouts or outages, as a U.S. blackout study underscores ongoing risks, especially during peak demand periods in areas where the grid is already strained. Increased electricity demand could also lead to price hikes, with utilities potentially passing the additional costs onto consumers and businesses.


Sustainable Solutions Needed

Utility companies, governments, and the data center industry are scrambling to find sustainable solutions, including using AI to manage demand initiatives across utilities, to mitigate these challenges:

  • Energy Efficiency: Data center operators are investing in new cooling and energy management solutions to improve energy efficiency. Some are even exploring renewable energy sources like onsite solar and wind power.
  • Strategic Placement: Authorities are encouraging the development of data centers in areas with abundant renewable energy and access to existing grid infrastructure. This minimizes the need for expensive new transmission lines.
  • Demand Flexibility: Utility companies are experimenting with programs as part of a move toward a digital grid architecture to incentivize data centers to reduce their power consumption during peak demand periods, which could help mitigate power strain.


The Future of the Grid

The rapid growth of data centers exemplifies the significant challenges facing the aging U.S. electrical grid, with a recent grid report card highlighting dangerous vulnerabilities. It highlights the need for a modernized power infrastructure, capable of accommodating increasing demand spurred by new technologies while addressing climate change impacts that threaten reliability and affordability.  The question for utilities, as well as data center operators, is how to balance the increasing need for computing power with the imperative of a sustainable and reliable energy future.

 

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Demand for electricity in Yukon hits record high

Yukon Electricity Demand Record underscores peak load growth as winter cold snaps drive heating, lighting, and EV charging, blending hydro, LNG, and diesel with renewable energy and planned grid-scale battery storage in Whitehorse.

 

Key Points

It is the territory's new peak electricity load, reflecting winter demand, electric heating, EVs, and mixed generation.

✅ New peak: 104.42 MW, surpassing 2020 record of 103.84 MW

✅ Winter peaks met with hydro, LNG, diesel, and renewables mix

✅ Customers urged to shift use off peak hours and use timers

 

A new record for electricity demand has been set in Yukon. The territory recorded a peak of 104.42 megawatts, according to a news release from Yukon Energy.

The new record is about a half a megawatt higher than the previous record of 103.84 megawatts recorded on Jan. 14, 2020.

While in general, over 90 per cent of the electricity generated in Yukon comes from renewable resources each year, with initiatives such as new wind turbines expanding capacity, during periods of high electricity use each winter, Yukon Energy has to use its hydro, liquefied natural gas and diesel resources to generate the electricity, the release says.

But when it comes to setting records, Andrew Hall, CEO of Yukon Energy, says it's not that unusual.

"Typically, during the winter, when the weather is cold, demand for electricity in the Yukon reaches its maximum. And that's because folks use more electricity for heating their homes, for cooking meals, there's more lighting demand, because the days are shorter," he said.

"It usually happens either in December or sometimes in January, when we get a cold snap."

He said generally over the years, electricity demand has grown.

"We get new home construction, construction of new apartment buildings. And typically, those new homes are all heated by electricity, maybe not all of them but the majority," Hall said.

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In taking action on climate, this Arctic community wants to be a beacon to the world

Efforts to curb climate change add to electricity demand
There are also other reasons, ones that are "in the name of climate change," Hall added.

That includes people trying to limit fossil fuel heating by swapping to electric heating. And, he said some Yukoners are switching to electric vehicles as incentives expand across the North.

"Over time, those two new demands, in the name of climate change, will also contribute to growing demand for electricity," he said.

While Yukon did reach this new all time high, Hall said the territory still hadn't hit the maximum capacity for the week, which was 118 megawatts, and discussions about a potential connection to the B.C. grid are part of long-term planning.


Yukon Energy's hydroelectric dam in Whitehorse. Yukon Energy's CEO, Andrew Hall, said demand of 104 megawatts wasn't unexpected, nor was it an emergency. The corporation has the ability to generate 118 megawatts. (Paul Tukker/CBC)
Tips to curve demand
"When we plan our system, we actually plan for a scenario, guided by the view that sustainability is key to the grid's future, where we actually lose our largest hydro generating facility," Hall said.

"We had plenty of generation available so it wasn't an emergency situation, and, even as other provinces face electricity shortages, it was more just an observation that hey, our peaks are growing."

He also said it was an opportunity to reach out to customers on ways to curve their demand for electricity around peak times, drawing on energy efficiency insights from other provinces, which is typically between 7 a.m. and 9 a.m., and between 5 p.m. and 7 p.m., Monday to Friday.

For example, he said, people should consider running major appliances, like dishwashers, during non-peak hours, such as in the afternoon rather than in the morning or evening.

During winter peaks, people can also use a block heater timer on vehicles and turn down the thermostat by one or two degrees.

'We plan for each winter'
Hall said Yukon Energy is working to increase its peak output, including working on a large grid scale battery to be installed in Whitehorse, similar to Ontario's energy storage push now underway. 

When it comes to any added load from people working from home due to COVID-19, Hall said they haven't noticed any identifiable increase there.

"Presumably, if someone's working from home, you know, their computer is at home, and they're not using the computer at the office," he said.

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He said there shouldn't be any concern for maxing out the capacity of electricity demand as Yukon moves into the colder winter months, since those days are forecast for.

"This number of 104 megawatts wasn't unexpected," he said, adding how much electricity is needed depends on the weather too.

"We plan for each winter."

 

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The German economy used to be the envy of the world. What happened?

Germany's Economic Downturn reflects an energy crisis, deindustrialization risks, export weakness, and manufacturing stress, amid Russia gas loss, IMF and EU recession forecasts, and debates over electricity price caps and green transition.

 

Key Points

An economic contraction from energy price shocks, export weakness, and bottlenecks in manufacturing and digitization.

✅ Energy shock after loss of cheap Russian gas

✅ Exports slump amid China slowdown and weak demand

✅ Policy gridlock on power price cap and permits

 

Germany went from envy of the world to the worst-performing major developed economy. What happened?

For most of this century, Germany racked up one economic success after another, dominating global markets for high-end products like luxury cars and industrial machinery, selling so much to the rest of the world that half the economy ran on exports.

Jobs were plentiful, the government’s financial coffers grew as other European countries drowned in debt, and books were written about what other countries could learn from Germany.

No longer. Now, Germany is the world’s worst-performing major developed economy, with both the International Monetary Fund and European Union expecting it to shrink this year.

It follows Russia’s invasion of Ukraine and the loss of Moscow’s cheap Russian gas that underpinned industry — an unprecedented shock to Germany’s energy-intensive industries, long the manufacturing powerhouse of Europe.

The sudden underperformance by Europe’s largest economy has set off a wave of criticism, handwringing and debate about the way forward.

Germany risks “deindustrialization” as high energy costs and government inaction on other chronic problems threaten to send new factories and high-paying jobs elsewhere, said Christian Kullmann, CEO of major German chemical company Evonik Industries AG.

From his 21st-floor office in the west German town of Essen, Kullmann points out the symbols of earlier success across the historic Ruhr Valley industrial region: smokestacks from metal plants, giant heaps of waste from now-shuttered coal mines, a massive BP oil refinery and Evonik’s sprawling chemical production facility.

These days, the former mining region, where coal dust once blackened hanging laundry, is a symbol of the energy transition, as the power sector’s balancing act continues with wind turbines and green space.

The loss of cheap Russian natural gas needed to power factories “painfully damaged the business model of the German economy,” Kullmann told The Associated Press. “We’re in a situation where we’re being strongly affected — damaged — by external factors.”

After Russia cut off most of its gas to the European Union, spurring an energy crisis in the 27-nation bloc that had sourced 40% of the fuel from Moscow, the German government asked Evonik to turn to coal by keeping its 1960s coal-fired power plant running a few months longer.

The company is shifting away from the plant — whose 40-story smokestack fuels production of plastics and other goods — to two gas-fired generators that can later run on hydrogen amid plans to become carbon neutral by 2030 and following the nuclear phase-out of recent years.

One hotly debated solution: a government-funded cap on industrial electricity prices to get the economy through the renewable energy transition, amid an energy crisis that even saw a temporary nuclear extension to stabilize supply.

The proposal from Vice Chancellor Robert Habeck of the Greens Party has faced resistance from Chancellor Olaf Scholz, a Social Democrat, and pro-business coalition partner the Free Democrats. Environmentalists say it would only prolong reliance on fossil fuels, while others advocate a nuclear option to meet climate goals.

Kullmann is for it: “It was mistaken political decisions that primarily developed and influenced these high energy costs. And it can’t now be that German industry, German workers should be stuck with the bill.”

The price of gas is roughly double what it was in 2021, with a senior official arguing nuclear would do little to solve that gas issue, hurting companies that need it to keep glass or metal red-hot and molten 24 hours a day to make glass, paper and metal coatings used in buildings and cars.

A second blow came as key trade partner China experiences a slowdown after several decades of strong economic growth.

These outside shocks have exposed cracks in Germany’s foundation that were ignored during years of success, including lagging use of digital technology in government and business and a lengthy process to get badly needed renewable energy projects approved.

 

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

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

 

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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