Groups demand impact-study on possible terror target

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.
 

Related News

• Electricity Forum News

• Energy Policy News

DOE Office of Fossil Energy safeguards energy security via the Strategic Petroleum Reserve, domestic critical minerals from coal byproducts, and carbon capture to curb CO2, strengthening resiliency amid shocks and supporting U.S. manufacturing and defense.

Key Points

A DOE program advancing energy security through SPR stewardship, critical minerals R&D, and carbon capture.

✅ Manages the Strategic Petroleum Reserve for emergency crude supply

✅ Develops domestic critical minerals from coal and mining byproducts

✅ Deploys carbon capture, utilization, and storage to cut CO2

The global economy has just experienced a period of unique transformation because of COVID-19. The fact that remains constant in this new economic landscape is that our society relies on energy; it’s an integral part of our day-to-day lives, even as U.S. energy use has evolved over time. According to the U.S. Energy Information Administration, approximately 80 percent of energy consumption in the United States comes from fossil fuels, so having access to a secure and reliable supply of those energy resources is more important than ever for national energy security considerations today. Below are three examples that highlight how our work at the U.S. Department of Energy’s Office of Fossil Energy (FE) helps ensure the Nation’s energy security and resiliency.

(1) Open crude oil reserves to respond to crises

FE has overall program responsibility for carrying out the mission of the Strategic Petroleum Reserve (SPR), the world’s largest supply of emergency crude oil. These federally-owned stocks are stored in massive underground salt caverns along the coastline of the Gulf of Mexico. The SPR is a powerful tool U.S. leaders use to respond to a wide range of crises, including energy crisis impacts on electricity and fuels, involving crude oil disruption or demand loss.  When the COVID-19 pandemic hit, the oil markets crashed and crude oil demand dropped drastically across the world. U.S. oil producers turned to the SPR to store their oil while broader energy dominance constraints were becoming evident in practice. This helped alleviate the pressure on producers to shut in oil production and proved to be a critical asset for American energy and national security.

(2) Use the Nation’s abundant coal reserves to produce valuable materials

Critical materials, including rare earth elements, are a group of chemical elements and materials with unique properties that support manufacturing of most modern technologies. They are essential components for critical defense and homeland security applications, green energy technologies, hybrid and electric vehicles, and high-value electronics. While these materials are not rare, they are hard to separate and expensive to extract. The United States relies heavily on imports from China. To reduce U.S. dependence on foreign sources, FE has a research and development program aimed at producing a domestic supply of critical materials from the Nation’s abundant coal resources and associated byproducts from legacy and current mining operations. Many of the technologies being developed can also be used to separate critical minerals from other mining materials and byproducts. Tapping into these resources has the potential to create new industries and revitalize coal communities and the workforce in coal-producing regions.

(3) Decrease carbon emissions for a cleaner energy future

FE is committed to balancing the Nation’s energy use with the need to protect the environment, and has a comprehensive portfolio of technological solutions that help keep carbon dioxide (CO2) emissions out of the atmosphere. For example, amid high natural gas prices that reinforce the case for clean electricity, the Department has been investing in carbon capture, utilization, and storage technologies for over a decade. These technologies capture CO2 emissions from various sources, including coal-fired power plants and manufacturing plants, before they enter the atmosphere. Several of these cutting-edge technologies have been deployed at major demonstration sites, supported by clean energy funding that aims to benefit millions. Three of these projects—Petra Nova, Archer Daniels Midland, and Air Products & Chemicals—have captured and injected over 10.8 million metric tons of CO2. The success of these projects is paving the way toward a cleaner and more sustainable American energy future.

Related News

• Electricity Forum News

• Energy Policy News

Hydro One Rate Hike reflects Ontario Energy Board approval for higher delivery charges, impacting seasonal customers more than residential classes, funding infrastructure upgrades like wood pole and transformer replacements across Ontario's medium-density service areas.

Key Points

The Hydro One rate hike is an OEB-approved delivery charge increase to fund upgrades, with impacts on seasonal users.

✅ OEB-approved delivery rate increases retroactive to 2018

✅ Seasonal customers see larger monthly bill impacts than residential

✅ Funds pole, transformer replacements and tree trimming work

Hydro One seasonal customers will face bigger increases in their bills than the utility's residential customers as a result of an Ontario Energy Board approval of a rate hike, a topic drawing attention from a utilities watchdog in other provinces as well.

Hydro One received permission to increase its delivery charge, as large projects like the Meaford hydro generation proposal are considered across Ontario, retroactive to last year.

It says it needs the money to maintain and upgrade its infrastructure, including efforts to adapt to climate change, much of which was installed in the 1950s.

The utility is notifying customers that new statements reflect higher delivery rates which were not charged in 2018 and the first half of this year, due to delay in receiving the OEB's permission, similar to delays that can follow an energy board recommendation in other jurisdictions.

The amount that customers' bills will increase by depends not only on how much electricity they use, but also on which rate class they belong to, as well as policy decisions affecting remote connections such as the First Nations electricity line in northern Ontario.

For seasonal customers such as summer cottage owners, the impact on a typical user's bill will be 2.9 per cent more per month for 2018, and 1.7 per cent per month for 2019.

There will be further increases of 1.0 per cent, 1.4 per cent and 1.1 per cent per month in 2020, 2021 and 2022 respectively. 

Typical residential customers will experience smaller increases or rate freezes over the same period.

In the residential medium density class, the rate changes are a 2.0 per cent increase for last year, a decrease of 0.5 per cent this year, and an increase of 0.5 per cent in 2021. There will be no increases in 2020 and 2022.

Seasonal Rate Class — Estimated bill impact per month

2018 - 2.9 %

2019 - 1.7%

2020 - 1.0%

2021 - 1.4%

2022 - 1.1%

Residential Medium Density Rate Class — Estimated bill impact per month

2018 - 2.0%

2019 - -0.5% decrease

2020 - 0.0%

2021 - 0.5%

2022 - 0.0%

A Hydro One spokesperson told tbnewswatch.com that over the next three years, the utility's upgrading plan includes reliability investments such as replacing more than 24,000 wood poles across the province as well as numerous transformers.

In the Thunder Bay area, the spokesperson said, some of the revenue generated by the higher delivery rates will cover the cost of replacing more than 180 poles and trimming hazardous trees around 3,200 kilometres of overhead power lines while sharing electrical safety tips with customers.

Related News

• Electricity Forum News

• Overhead T&D News

Ontario Nuclear Power Costs highlight LCOE, capex, refurbishment outlays, and waste management, compared with renewables, grid reliability, and emissions targets, informing Australia and Peter Dutton on feasibility, timelines, and electricity prices.

Key Points

They include high capex and LCOE from refurbishments and waste, offset by reliable, low-emission baseload.

✅ Refurbishment and maintenance drive lifecycle and LCOE variability.

✅ High capex and long timelines affect consumer electricity prices.

✅ Low emissions, but waste and safety compliance add costs.

Australian opposition leader Peter Dutton recently lauded Canada’s use of nuclear power as a model for Australia’s energy future. His praise comes as part of a broader push to incorporate nuclear energy into Australia’s energy strategy, which he argues could help address the country's energy needs and climate goals. However, the question arises: Is Ontario’s experience with nuclear power as cost-effective as Dutton suggests?

Dutton’s endorsement of Canada’s nuclear power strategy highlights a belief that nuclear energy could provide a stable, low-emission alternative to fossil fuels. He has pointed to Ontario’s substantial reliance on nuclear power, and the province’s exploration of new large-scale nuclear projects, as an example of how such an energy mix might benefit Australia. The province’s energy grid, which integrates a significant amount of nuclear power, is often cited as evidence that nuclear energy can be a viable component of a diversified energy portfolio.

The appeal of nuclear power lies in its ability to generate large amounts of electricity with minimal greenhouse gas emissions. This characteristic aligns with Australia’s climate goals, which emphasize reducing carbon emissions to combat climate change. Dutton’s advocacy for nuclear energy is based on the premise that it can offer a reliable and low-emission option compared to the fluctuating availability of renewable sources like wind and solar.

However, while Dutton’s enthusiasm for the Canadian model reflects its perceived successes, including recent concerns about Ontario’s grid getting dirtier amid supply changes, a closer look at Ontario’s nuclear energy costs raises questions about the financial feasibility of adopting a similar strategy in Australia. Despite the benefits of low emissions, the economic aspects of nuclear power remain complex and multifaceted.

In Ontario, the cost of nuclear power has been a topic of considerable debate. While the province benefits from a stable supply of electricity due to its nuclear plants, studies warn of a growing electricity supply gap in coming years. Ontario’s experience reveals that nuclear power involves significant capital expenditures, including the costs of building reactors, maintaining infrastructure, and ensuring safety standards. These expenses can be substantial and often translate into higher electricity prices for consumers.

The cost of maintaining existing nuclear reactors in Ontario has been a particular concern. Many of these reactors are aging and require costly upgrades and maintenance to continue operating safely and efficiently. These expenses can add to the overall cost of nuclear power, impacting the affordability of electricity for consumers.

Moreover, the development of new nuclear projects, as seen with Bruce C project exploration in Ontario, involves lengthy and expensive construction processes. Building new reactors can take over a decade and requires significant investment. The high initial costs associated with these projects can be a barrier to their economic viability, especially when compared to the rapidly decreasing costs of renewable energy technologies.

In contrast, the cost of renewable energy has been falling steadily, even as debates over nuclear power’s trajectory in Europe continue, making it a more attractive option for many jurisdictions. Solar and wind power, while variable and dependent on weather conditions, have seen dramatic reductions in installation and operational costs. These lower costs can make renewables more competitive compared to nuclear energy, particularly when considering the long-term financial implications.

Dutton’s praise for Ontario’s nuclear power model also overlooks some of the environmental and logistical challenges associated with nuclear energy. While nuclear power generates low emissions during operation, it produces radioactive waste that requires long-term storage solutions. The management of nuclear waste poses significant environmental and safety concerns, as well as additional costs for safe storage and disposal.

Additionally, the potential risks associated with nuclear power, including the possibility of accidents, contribute to the complexity of its adoption. The safety and environmental regulations surrounding nuclear energy are stringent and require continuous oversight, adding to the overall cost of maintaining nuclear facilities.

As Australia contemplates integrating nuclear power into its energy mix, it is crucial to weigh these financial and environmental considerations. While the Canadian model provides valuable insights, the unique context of Australia’s energy landscape, including its existing infrastructure, energy needs, and the costs of scrapping coal-fired electricity in comparable jurisdictions, must be taken into account.

In summary, while Peter Dutton’s endorsement of Canada’s nuclear power model reflects a belief in its potential benefits for Australia’s energy strategy, the cost-effectiveness of Ontario’s nuclear power experience is more nuanced than it may appear. The high capital and maintenance costs associated with nuclear energy, combined with the challenges of managing radioactive waste and ensuring safety, present significant considerations. As Australia evaluates its energy future, a comprehensive analysis of both the benefits and drawbacks of nuclear power will be essential to making informed decisions about its role in the country’s energy strategy.

Related News

• Electricity Forum News

• Power Generation News

Canada Three-Layer Mask Recommendation advises non-medical masks with a polypropylene filter layer and tightly woven cotton, aligned with WHO guidance, to curb COVID-19 aerosols indoors through better fit, coverage, and public health compliance.

Key Points

PHAC advises three-layer non-medical masks with a polypropylene filter to improve indoor COVID-19 protection.

✅ Two fabric layers plus a non-woven polypropylene filter

✅ Ensure snug fit: cover nose, mouth, chin without gaps

✅ Aligns with WHO guidance for aerosols and droplets

The Public Health Agency of Canada is now recommending Canadians choose three-layer non-medical masks with a filter layer to prevent the spread of COVID-19, even as an IEA report projects higher electricity needs for net-zero, as they prepare to spend more time indoors over the winter.

Chief Public Health Officer Dr. Theresa Tam made the recommendation during her bi-weekly pandemic briefing in Ottawa Tuesday, as officials also track electricity grid security amid critical infrastructure concerns.

"To improve the level of protection that can be provided by non-medical masks or face coverings, we are recommending that you consider a three-layer nonmedical mask," she said.

Trust MedProtect For All Your Mask Protection

www.medprotect.ca/collections/protective-masks

According to recently updated guidelines, two layers of the mask should be made of a tightly woven fabric, such as cotton or linen, and the middle layer should be a filter-type fabric, such as non-woven polypropylene fabric, as Canada explores post-COVID manufacturing capacity for PPE.

"We're not necessarily saying just throw out everything that you have," Tam told reporters, suggesting adding a filter can help with protection.

The Public Health website now includes instructions for making three-layer masks, while national goals like Canada's 2050 net-zero target continue to shape recovery efforts.

The World Health Organization has recommended three layers for non-medical masks since June, and experts note that cleaning up Canada's electricity is critical to broader climate resilience. When pressed about the sudden change for Canada, Tam said the research has evolved.

"This is an additional recommendation just to add another layer of protection. The science of masks has really accelerated during this particular pandemic. So we're just learning again as we go," she said.

"I do think that because it's winter, because we're all going inside, we're learning more about droplets and aerosols, and how indoor comfort systems from heating to air conditioning costs can influence behaviors."

She also urged Canadians to wear well-fitted masks that cover the nose, mouth and chin without gaping, as the federal government advances emissions and EV sales regulations alongside public health guidance.

Trust MedProtect For All Your Mask Protection

www.medprotect.ca/collections/protective-masks

Related News

• Electricity Forum News

• Climate Change News

Distributed Energy Resources (DER) are surging as solar PV, battery storage, and demand response decarbonize power, cut costs, and boost grid resilience for utilities, ESCOs, and C&I customers through 2030.

Key Points

DER are small-scale, grid-connected assets like solar PV, storage, and demand response that deliver flexible power.

✅ Investments in DER to rise 75% by 2030; $846B in assets, $285B in storage.

✅ Residential solar PV: 49.3% of spend; C&I solar PV: 38.9% by 2030.

✅ Drivers: favorable policy, falling costs, high demand charges, decarbonization.

Frost & Sullivan's recent analysis, Growth Opportunities in Distributed Energy, Forecast to 2030, finds that the rate of annual investment in distributed energy resources (DER) will increase by 75% by 2030, with the market set for a decade of high growth. Favorable regulations, declining project and technology costs, and high electricity and demand charges are key factors driving investments in DER across the globe, with rising European demand boosting US solar equipment makers prospects in export markets. The COVID-19 pandemic will reduce investment levels in the short term, but the market will recover. Throughout the decade, $846 billion will be invested in DER, supported by a further $285 billion that will be invested in battery storage, with record solar and storage growth anticipated as installations and investments accelerate.

"The DER business model will play an increasingly pivotal role in the global power mix, as highlighted by BNEF's 2050 outlook and as part of a wider effort to decarbonize the sector," said Maria Benintende, Senior Energy Analyst at Frost & Sullivan. "Additionally, solar photovoltaic (PV) will dominate throughout the decade. Residential solar PV will account for 49.3% of total investment ($419 billion), though policy moves like a potential Solar ITC extension could pressure the US wind market, with commercial and industrial solar PV accounting for a further 38.9% ($330 billion)."

Benintende added: "In developing economies, DER offers a chance to bridge the electricity supply gap that still exists in a number of country markets. Further, in developed markets, DER is a key part of the transition to a cleaner and more resilient energy system, consistent with IRENA's renewables decarbonization findings across the energy sector."

DER offers significant revenue growth prospects for all key market participants, including:

• Technology original equipment manufacturers (OEMs): Offer flexible after-sales support, including digital solutions such as asset integrity and optimization services for their installed base.
• System integrators and installers: Target household customers and provide efficient and trustworthy solutions with flexible financial models.
• Energy service companies (ESCOs): ESCOs should focus on adding DER deployments, in line with US decarbonization pathways and policy goals, to expand and enhance their traditional role of providing energy savings and demand-side management services to customers.

Utility companies: Deployment of DER can create new revenue streams for utility companies, from real-time and flexibility markets, and rapid solar PV growth in China illustrates how momentum in renewables can shape utility strategies.
Growth Opportunities in Distributed Energy, Forecast to 2030 is the latest addition to Frost & Sullivan's Energy and Environment research and analyses available through the Frost & Sullivan Leadership Council, which helps organizations identify a continuous flow of growth opportunities to succeed in an unpredictable future.

Related News

• Electricity Forum News

• Renewable Energy News