Four B.C. Communities Switch to Hydro Grid

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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Western Canada Electric Grid could deliver interprovincial transmission, reliability, peak-load support, reserve sharing, and wind and solar integration, lowering costs versus new generation while respecting AESO markets and Crown utility structures.

Key Points

Interprovincial transmission to share reserves, boost reliability, integrate wind and solar, and cut peak capacity costs.

✅ Cuts reserve margins via diversity of peak loads

✅ Enables wind and solar balancing across provinces

✅ Saves ratepayers vs replacing retiring thermal plants

The 2017 Canadian Free Trade Agreement does not do much to encourage provinces to trade electric energy east and west. Would a western Canada electric grid help electricity consumers in the western provinces? Some Alberta officials feel that their electric utilities are investor owned and they perceive the Crown corporations of BC Hydro, SaskPower and Manitoba Hydro to be subsidized by their provincial governments, so an interprovincial electric energy trade would not be on a level playing field.

Because of the limited trade of electric energy between the western provinces, each utility maintains an excessive reserve of thermal and hydroelectric generation greater than their peak loads, to provide a reliable supply during peak load days as grids are increasingly exposed to harsh weather across Canada. This excess does not include variable wind and solar generation, which within a province can’t be guaranteed to be available when needed most.

This attitude must change. Transmission is cheaper than generation, and coordinated macrogrids can further improve reliability and cut costs. By constructing a substantial grid with low profile and aesthetically designed overhead transmission lines, the excess reserve of thermal and hydroelectric generation above the peak electric load can be reduced in each province over time. Detailed assessments will ensure each province retains its required reliability of electric supply.

As the provinces retire aging thermal and coal-fired generators, they only need to replace them to a much lower level, by just enough to meet their future electric loads and Canada's net-zero grid by 2050 goals. Some of the money not spent in replacing retired generation can be profitably invested in the transmission grid across the four western provinces.

But what about Alberta, which does not want to trade electric energy with the other western provinces? It can carry on as usual within the Alberta Electric System Operator’s (AESO) market and will save money by keeping the installed reserve of thermal and hydroelectric generation to a minimum. When Alberta experiences a peak electric load day and some generators are out of service due to unplanned maintenance, it can obtain the needed power from the interprovincial electric grid. None of the other three western provinces will peak at the same time, because of different weather and time zones, so they will have spare capacity to help Alberta over its peak. The peak load in a province only lasts for a few hours, so Alberta will get by with a little help from its friends if needed.

The grid will have no energy flowing on it for this purpose except to assist a province from time to time when it’s unable to meet its peak load. The grid may only carry load five per cent of the time in a year for this purpose. Under such circumstances, the empty grid can then be used for other profitable markets in electric energy. This includes more effective use of variable wind and solar energy, by enabling a province to better balance such intermittent power as well as allowing increased installation of it in every province. This is a challenge for AESO which the grid would substantially ease.

Natural Resources Canada promoted the “Regional Electricity Co-Operative and Strategic Infrastructure” initiative for completion this year and contracted through AESO, alongside an Atlantic grid study to explore regional improvements. This is a first step, but more is needed to achieve the full benefit of a western grid.

In 1970 a study was undertaken to electrically interconnect Britain with France, which was justified based on the ability to reduce reserve generation in both countries. Initially Britain rejected it, but France was partially supportive. In time, a substantial interconnection was built, and being a profitable venture, they are contemplating increasing the grid connections between them.

For the sake of the western consumers of electricity and to keep electricity rates from rising too quickly, as well as allowing productive expansion of wind and solar energy in places like British Columbia's clean energy shift efforts, an electric grid is essential across western Canada.

Dennis Woodford is president of Electranix Corporation in Winnipeg, which studies electric transmission problems, particularly involving renewable energy generators requiring firm connection to the grid.

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TEP Undergrounding Policy prioritizes selective underground power lines to manage wildfire risk, engineering costs, and ratepayer impacts, balancing transmission and distribution reliability with right-of-way, safety, and vegetation management per Arizona regulators.

Key Points

A selective TEP approach to bury lines where safety, engineering, and cost justify undergrounding.

✅ Selective undergrounding for feeders near substations

✅ Balances wildfire mitigation, reliability, and ratepayer costs

✅ Follows ACC rules, BLM and USFS vegetation management

Though wildfires in California caused by power lines have prompted calls for more underground lines, Tucson Electric Power Co. plans to keep to its policy of burying lines selectively for safety.

Like many other utilities, TEP typically doesn’t install its long-range, high-voltage transmission lines, such as the TransWest Express project, and distribution equipment underground because of higher costs that would be passed on to ratepayers, TEP spokesman Joe Barrios said.

But the company will sometimes bury lower-voltage lines and equipment where it is cost-effective or needed for safety as utilities adapt to climate change across North America, or if customers or developers are willing to pay the higher installation costs

Underground installations generally include additional engineering expenses, right-of-way acquisition for projects like the New England Clean Power Link in other regions, and added labor and materials, Barrios said.

“This practice avoids passing along unnecessary costs to customers through their rates, so that all customers are not asked to subsidize a discretionary expenditure that primarily benefits residents or property owners in one small area of our service territory,” he said, adding that the Arizona Corporation Commission has supported the company’s policy.

Even so, TEP will place equipment underground in some circumstances if engineering or safety concerns, including electrical safety tips that utilities promote during storm season, justify the additional cost of underground installation, Barrios said.

In fact, lower-voltage “feeder” lines emerging from distribution substations are typically installed underground until the lines reach a point where they can be safely brought above ground, he added.

While in California PG&E has shut off power during windy weather to avoid wildfires in forested areas traversed by its power lines after events like the Drum Fire last June, TEP doesn’t face the same kind of wildfire risk, Barrios said.

Most of TEP’s 5,000 miles of transmission and distribution lines aren’t located in heavily forested areas that would raise fire concerns, though large urban systems have seen outages after station fires in Los Angeles, he said.

However, TEP has an active program of monitoring transmission lines and trimming vegetation to maintain a fire-safety buffer zone and address risks from vandalism such as copper theft where applicable, in compliance with federal regulations and in cooperation with the U.S. Bureau of Land Management and the U.S. Forest Service.

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Canada AI Data Center Grid Integration aligns AI demand with renewable energy, energy storage, and grid reliability. It emphasizes transmission upgrades, liquid cooling efficiency, and policy incentives to balance economic growth with sustainable power.

Key Points

Linking AI data centers to Canada's grid with renewables, storage, and efficiency to ensure reliable, sustainable power.

✅ Diversify supply with wind, solar, hydro, and firm low-carbon resources

✅ Deploy grid-scale batteries to balance peaks and enhance reliability

✅ Upgrade transmission, distribution, and adopt liquid cooling efficiency

Artificial intelligence (AI) is revolutionizing various sectors, driving demand for data centers that support AI applications. In Canada, this surge in data center development presents both economic opportunities and challenges for the electricity grid, where utilities using AI to adapt to evolving demand dynamics. Integrating AI-focused data centers into Canada's electricity infrastructure requires strategic planning to balance economic growth with sustainable energy practices.​

Economic and Technological Incentives

Canada has been at the forefront of AI research for over three decades, establishing itself as a global leader in the field. The federal government has invested significantly in AI initiatives, with over $2 billion allocated in 2024 to maintain Canada's competitive edge and to align with a net-zero grid by 2050 target nationwide. Provincial governments are also actively courting data center investments, recognizing the economic and technological benefits these facilities bring. Data centers not only create jobs and stimulate local economies but also enhance technological infrastructure, supporting advancements in AI and related fields.​

Challenges to the Electricity Grid

However, the energy demands of AI data centers pose significant challenges to Canada's electricity grid, mirroring the power challenge for utilities seen in the U.S., as demand rises. The North American Electric Reliability Corporation (NERC) has raised concerns about the growing electricity consumption driven by AI, noting that the current power generation capacity may struggle to meet this increasing demand, while grids are increasingly exposed to harsh weather conditions that threaten reliability as well. This situation could lead to reliability issues, including potential blackouts during peak demand periods, jeopardizing both economic activities and the progress of AI initiatives.​

Strategic Integration Approaches

To effectively integrate AI data centers into Canada's electricity grids, a multifaceted approach is essential:

1. Diversifying Energy Sources: Relying solely on traditional energy sources may not suffice to meet the heightened demands of AI data centers. Incorporating renewable energy sources, such as wind, solar, and hydroelectric power, can provide sustainable alternatives. For instance, Alberta has emerged as a proactive player in supporting AI-enabled data centers, with the TransAlta data centre agreement expected to advance this momentum, leveraging its renewable energy potential to attract such investments.
    

2. Implementing Energy Storage Solutions: Integrating large-scale battery storage systems can help manage the intermittent nature of renewable energy. These systems store excess energy generated during low-demand periods, releasing it during peak times to stabilize the grid. In some communities, AI-driven grid upgrades complement storage deployments to optimize operations, which supports data center needs and community reliability.
    

3. Enhancing Grid Infrastructure: Upgrading transmission and distribution networks is crucial to handle the increased load from AI data centers. Strategic investments in grid infrastructure can prevent bottlenecks and ensure efficient energy delivery, including exploration of macrogrids in Canada to improve regional transfers, supporting both existing and new data center operations.​
    

4. Adopting Energy-Efficient Data Center Designs: Designing data centers with energy efficiency in mind can significantly reduce their power consumption. Innovations such as liquid cooling systems are being explored to manage the heat generated by high-density AI workloads, offering more efficient alternatives to traditional air cooling methods.

5. Establishing Collaborative Policies: Collaboration among government entities, utility providers, and data center operators is vital to align energy policies with technological advancements. Developing regulatory frameworks that incentivize sustainable practices can guide the growth of AI data centers in harmony with grid capabilities.​
    

Integrating AI data centers into Canada's electricity grids presents both significant opportunities and challenges. By adopting a comprehensive strategy that includes diversifying energy sources, implementing advanced energy storage, enhancing grid infrastructure, promoting energy-efficient designs, and fostering collaborative policies, Canada can harness the benefits of AI while ensuring a reliable and sustainable energy future. This balanced approach will position Canada as a leader in both AI innovation and sustainable energy practices.

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BCER Renewable Energy Permitting streamlines single-window approvals for wind, solar, and transmission projects in BC, cutting red tape, aligning with CleanBC, and accelerating investment, Indigenous partnerships, and low-carbon infrastructure growth provincewide.

Key Points

BC's single-window framework consolidates approvals for wind, solar, and transmission to accelerate energy projects.

✅ Single-window permits via BC Energy Regulator (BCER)

✅ Covers wind, solar, and high-voltage transmission lines

✅ Aligns with CleanBC, supports Indigenous partnerships

In a decisive move to bolster clean energy initiatives, the government of British Columbia (B.C.) has announced plans to overhaul the regulatory framework governing renewable energy projects. This initiative aims to expedite the development of wind, solar, and other renewable energy sources, positioning B.C. as a leader in sustainable energy production.

Transitioning Regulatory Authority to the BC Energy Regulator (BCER)

Central to this strategy is the proposed legislation, set to be introduced in spring 2025, which will transfer the permitting and regulatory oversight of renewable energy projects, aligning with offshore wind regulation plans at the federal level, from multiple agencies to the BC Energy Regulator (BCER). This transition is designed to create a "single-window" permitting process, simplifying approvals and reducing bureaucratic delays for developers.

Expanding BCER's Mandate

Historically known as the British Columbia Oil and Gas Commission, the BCER's mandate has evolved to encompass a broader range of energy projects. The upcoming legislation will empower the BCER to oversee renewable energy projects, including wind and solar, as well as high-voltage transmission lines like the North Coast Transmission Line (NCTL), in step with renewable transmission planning efforts elsewhere in North America. This expansion aims to streamline the regulatory process, providing developers with a single point of contact throughout the project lifecycle.

Economic and Environmental Implications

The restructuring is expected to unlock significant economic opportunities. Projections suggest that the streamlined process could attract between $5 billion and $6 billion in private investment and complement recent federal grid modernization funding initiatives, generating employment opportunities and fostering economic growth. Moreover, by facilitating the rapid deployment of renewable energy projects, B.C. aims to enhance its clean energy capacity, contributing to global sustainability goals.

Strengthening Partnerships with Indigenous Communities

A pivotal aspect of this initiative is the emphasis on collaboration with Indigenous communities. The government has highlighted the importance of engaging First Nations in the development process, ensuring that projects are not only environmentally sustainable but also socially responsible. This approach seeks to honor Indigenous rights and knowledge, fostering partnerships that benefit all stakeholders.

Supporting Infrastructure Development

The acceleration of renewable energy projects necessitates corresponding infrastructure enhancements. The NCTL, for instance, is crucial for meeting the increased electricity demand from sectors such as mining, port electrification, and hydrogen production, and for addressing regional grid constraints that limit renewable integration. By improving the transmission infrastructure, B.C. aims to support the growing energy needs of these industries while promoting clean energy solutions.

Aligning with CleanBC Objectives

This regulatory overhaul aligns seamlessly with B.C.'s CleanBC initiative, which sets ambitious targets for reducing greenhouse gas emissions and promoting energy efficiency, and supports Canada's goal of zero-emissions electricity by 2035 under active consideration. By removing regulatory barriers and expediting project approvals, the government aims to accelerate the transition to a low-carbon economy, positioning B.C. as a hub for clean energy innovation.

Addressing Potential Challenges

While the initiative has been lauded for its potential, experts caution that careful consideration must be given to environmental assessments and Indigenous consultation processes, as well as to lessons from Alberta's solar expansion challenges on land use and grid impacts. Ensuring that projects meet environmental standards and respect Indigenous rights is crucial for the long-term success and acceptance of renewable energy developments.

The proposed changes mark a significant shift in B.C.'s approach to energy development, reflecting a commitment to sustainability and economic growth. As the legislation moves through the legislative process, stakeholders across the energy sector are closely monitoring developments, particularly as Alberta ends its renewables moratorium and resumes project approvals across the Prairies, anticipating a more efficient and transparent regulatory environment that supports the rapid expansion of renewable energy projects.

B.C.'s plan to streamline the regulatory process for clean energy projects represents a bold step toward a sustainable and prosperous energy future. By consolidating regulatory authority under the BCER, fostering Indigenous partnerships, and aligning with broader environmental objectives, the province is setting a precedent for effective governance in the transition to renewable energy.

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Commercial Electric Tariffs explain utility rate structures, peak demand charges, kWh vs kW pricing, time-of-use periods, voltage, delivery, capacity ratchets, and riders, guiding facility managers in tariff analysis for accurate energy savings.

Key Points

Commercial electric tariffs define utility pricing for energy, demand, delivery, time-of-use periods, riders, and ratchet charges.

✅ Separate kWh charges from kW peak demand fees.

✅ Verify time-of-use windows and demand interval length.

✅ Review riders, capacity ratchets, and minimum demand clauses.

Especially during these tough economic times, as major changes to electric bills are debated in some states, facility executives who don’t understand how their power is priced have been disappointed when their energy projects failed to produce expected dollar savings. Here’s how not to be one of them.

Your electric rate is spelled out in a document called a “tariff” that can be downloaded from your utility’s web page. A tariff should clearly spell out the costs for each component that is part of your rate, reflecting cost allocation practices in your region. Don’t be surprised to learn that it contains a bunch of them. Unlike residential electric rates, commercial electric bills are not based solely on the quantity of kilowatt-hours (kWh) consumed in a billing period (in the United States, that’s a month). Instead, different rates may apply to how your power is supplied, how it is delivered via electricity delivery charges, when it was consumed, its voltage, how fast it was used (in kW), and other factors.

If a tariff’s lingo and word structure are too opaque, spend some time with a utility account rep to translate it. Many state utility commissions also have customer advocates that may assist as they explore new utility rate designs that affect customers. Alternatively, for a fee, facility managers can privately chat with an energy consultant.

Common mistakes

Many facility managers try to estimate savings based on an averaged electric rate, i.e., annual electric spend divided by annual kWh. However, in markets where electricity demand is flat, such a number may obscure the fastest rising cost component: monthly peak demand charges, measured in dollars per kW (or kilo-volt-amperes, kVA).

This charge is like a monthly speeding ticket, based solely on the highest speed you drove during that time. In some areas, peak demand charges now account for 30 to 60 percent of a facility’s annual electric spend. When projecting energy cost savings, failing to separately account for kW peak demand and kWh consumption may result in erroneous results, and a lot of questions from the C-suite.

How peak demand charges are calculated varies among utilities. Some base it on the highest average speed of use across one hour in a month, while others may use the highest average speed during a 15- or 30-minute period. Others may average several of the highest speeds within a defined time period (for example, 8 a.m. to 6 p.m. on weekdays). It is whatever your tariff says it is.

Because some power-consuming (or producing) devices, including those tied to smart home electricity networks, vary in their operation or abilities, they may save money on a few — but not all — of those rate components. If an equipment vendor calculates savings from its product by using an average electric rate, take pause. Tell the vendor to return after the proposal has been redone using tariff-based numbers.

When a vendor is the only person calculating potential savings from using a product, there’s also a built-in conflict of interest: The person profiting from an equipment sale should not also be the one calculating its expected financial return. Before signing any energy project contracts, it’s essential that someone independent of the deal reviews projected savings. That person (typically an energy or engineering consultant) should be quite familiar with your facility’s electric tariff, including any special provisions, riders, discounts, etc., that may pertain. When this doesn’t happen, savings often don’t occur as planned. 

For example, some utilities add another form of demand charge, based on the highest kW in a year. It has various names: capacity, contract demand, or the generic term “ratchet charge.” Some utilities also have a minimum ratchet charge which may be based on a percent of a facility’s annual kW peak. It ensures collection of sufficient utility revenue to cover the cost of installed transmission and distribution even when a customer significantly cuts its peak demand.

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