Jordan wants 'peaceful' nuclear program

By Associated Press


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Jordan's King Abdullah II told an Israeli newspaper that his country wants its own nuclear program.

In an interview with the daily Haaretz, Abdullah said his desert kingdom, which borders Israel and has a peace agreement with it, wanted nuclear power "for peaceful purposes" and was already discussing its plans with Western countries.

"The rules governing the nuclear issue have changed in the entire region," the Jordanian leader told Haaretz, noting that Egypt and several Gulf states have declared their desire for a nuclear program. Though Jordan would rather see a Middle East free of nuclear weapons, he said, "every desire we had on this issue has changed.''

Miri Eisin, a spokeswoman for Israeli Prime Minister Ehud Olmert, would not comment.

Shlomo Brom, a researcher at the Institute for National Strategic Studies and former head of strategic planning for the Israeli military, said Abdullah was likely not serious about developing a nuclear program. "The Jordanians don't have the resources," Brom said.

Brom said the Jordanian king was probably trying to make the point that if Iran, which is moving ahead with its nuclear program despite international protests and U.N.-imposed sanctions, is allowed to become a nuclear power, then a regional nuclear race will be unavoidable.

"Abdullah might be saying that if the Iranians aren't prevented from getting a nuclear program, Jordan and everyone else will want one of their own," Brom said.

Israel fears that Iran's nuclear program, which the Iranian government says is for civilian purposes, is actually intended to produce nuclear weapons that could be used against Israel. Iran's president, Mahmoud Ahmedinejad, has said Israel should be "wiped off the map.''

Israel is widely believed to have nuclear weapons of its own, but has never officially confirmed that it does.

In the Haaretz interview, Abdullah said Iran, through its support for the radical Islamic Palestinian group Hamas, had established a role for itself in the Israeli-Palestinian conflict, despite its geographical and cultural distance.

"Through Hamas, Iran has been able to buy itself a seat on the table in talking about the Palestinian issue," he said. "As a result, through Hamas it does play a role in the issue of the Palestinians, as strange as that should sound.''

Abdullah said that peace between Israel and the Palestinians was key to broader Middle East stability and should take precedence over the unresolved dispute between Israel and Syria.

"Solving the Israeli-Palestinian problem allows us to tackle the other issues around us. All of us are looking at Iraq with concern, we don't know what's going to happen in Lebanon, although we hope that they're moving in the right direction," he said. "Whether people like it or not, the linchpin is always the Israeli-Palestinian problem.''

Abdullah said the Palestinian issue could help make other issues easier.

"Syria seems to be of tremendous interest in the Israeli public opinion, but I think that the priority, if you want to get the guarantees that Israel wants for a stable future, the core issue takes the priority. We have to launch the Palestinian process and then hope that things will go easier with the other players.''

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US looks to decommission Alaskan military reactor

SM-1A Nuclear Plant Decommissioning details the US Army Corps of Engineers' removal of the Fort Greely reactor, Cold War facility dismantling, environmental monitoring, remote-site power history, and timeline to 2026 under a deactivated nuclear program.

 

Key Points

Army Corps plan to dismantle Fort Greely's SM-1A reactor and complete decommissioning of remaining systems by 2026.

✅ Built for remote Arctic radar support during the Cold War

✅ High costs beat diesel; program later deemed impractical

✅ Reactor parts removed; residuals monitored; removal by 2026

 

The US Army Corps of Engineers has begun decommissioning Alaska’s only nuclear power plant, SM-1A, which is located at Fort Greely, even as new US reactors continue to take shape nationwide. The $17m plant closed in 1972 after ten years of sporadic operation. It was out of commission from 1967 to 1969 for extensive repairs. Much of has already been dismantled and sent for disposal, and the rest, which is encased in concrete, is now to be removed.

The plant was built as part of an experimental programme to determine whether nuclear facilities, akin to next-generation nuclear concepts, could be built and operated at remote sites more cheaply than diesel-fuelled plants.

"The main approach was to reduce significant fuel-transportation costs by having a nuclear reactor that could operate for long terms, a concept echoed in the NuScale SMR safety evaluation process, with just one nuclear core," Brian Hearty said. Hearty manages the Army Corps of Engineers’ Deactivated Nuclear Power Plant Program.

#google#

He said the Army built SM-1A in 1962 hoping to provide power reliably at remote Arctic radar sites, where in similarly isolated regions today new US coal plants may still be considered, intended to detect incoming missiles from the Soviet Union at the height of the Cold War. He added that the programme worked but not as well as Pentagon officials had hoped. While SM-1A could be built and operated in a cold and remote location, its upfront costs were much higher than anticipated, and it costs more to maintain than a diesel power plant. Moreover, the programme became irrelevant because of advances in Soviet rocket science and the development of intercontinental ballistic missiles.

Hearty said the reactor was partially dismantled soon after it was shut down. “All of the fuel in the reactor core was removed and shipped back to the Atomic Energy Commission (AEC) for them to either reprocess or dispose of,” he noted. “The highly activated control and absorber rods were also removed and shipped back to the AEC.”

The SM-1A plant produced 1.8MWe and 20MWt, including steam, which was used to heat the post. Because that part of the system was still needed, Army officials removed most of the nuclear-power system and linked the heat and steam components to a diesel-fired boiler. However, several parts of the nuclear system remained, including the reactor pressure vessel and reactor coolant pumps. “Those were either kept in place, or they were cut off and laid down in the tall vapour-containment building there,” Hearty said. “And then they were grouted and concreted in place.” The Corps of Engineers wants to remove all that remains of the plant, but it is as yet unclear whether that will be feasible.

Meanwhile, monitoring for radioactivity around the facility shows that it remains at acceptable levels. “It would be safe to say there’s no threat to human health in the environment,” said Brenda Barber, project manager for the decommissioning. Work is still in its early stages and is due to be completed in 2026 at the earliest. Barber said the Corps awarded the $4.6m contract in December to a Virginia-based firm to develop a long-range plan for the project, similar in scope to large reactor refurbishment efforts elsewhere. Among other things, this will help officials determine how much of the SM-1A will remain after it’s decommissioned. “There will still be buildings there,” she said. “There will still be components of some of the old structure there that may likely remain.”

 

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What to know about the big climate change meeting in Katowice, Poland

COP24 Climate Talks in Poland gather nearly 200 nations to finalize the Paris Agreement rulebook, advance the Talanoa Dialogue, strengthen emissions reporting and transparency, and align finance, technology transfer, and IPCC science for urgent mitigation.

 

Key Points

UNFCCC summit in Katowice to finalize Paris rules, enhance transparency, and drive stronger emissions cuts.

✅ Paris rulebook on reporting, transparency, markets, and timelines

✅ Talanoa Dialogue to assess gaps and raise ambition by 2020

✅ Finance and tech transfer for developing countries under UNFCCC

 

Delegates from nearly 200 countries have assembled this month in Katowice, Poland — the heart of coal country — to try to move the ball forward on battling climate change.

It’s now the 24th annual meeting, or “COP” — conference of the parties — under the landmark U.N. Framework Convention on Climate Change, which the United States signed under then-President George H.W. Bush in 1992. More significantly, it’s the third such meeting since nations adopted the Paris climate agreement in 2015, widely seen at the time as a landmark moment in which, at last, developed and developing countries would share a path toward cutting greenhouse gas emissions, as Obama's clean energy push sought to lock in momentum.

But the surge of optimism that came with Paris has faded lately. The United States, the second largest greenhouse gas emitter, said it would withdraw from the agreement, though it has not formally done so yet. Many other countries are off target when it comes to meeting their initial round of Paris promises — promises that are widely acknowledged to be too weak to begin with. And emissions have begun to rise after a brief hiatus that had lent some hope of progress.

The latest science, meanwhile, is pointing toward increasingly dire outcomes. The amount of global warming that the world already has seen — 1 degree Celsius, 1.8 degrees Fahrenheit — has upended the Arctic, is killing coral reefs and may have begun to destabilize a massive part of Antarctica. A new report from the U.N.'s Intergovernmental Panel on Climate Change (IPCC), requested by the countries that assembled in Paris to be timed for this year’s meeting, finds a variety of increasingly severe effects as soon as a rise of 1.5 degrees Celsius arrives — an outcome that can’t be avoided without emissions cuts so steep that they would require societal transformations without any known historical parallel, the panel found.

It’s in this context that countries are meeting in Poland, with expectations and stakes high.

So what’s on the agenda in Poland?

The answer starts with the Paris agreement, which was negotiated three years ago, has been signed by 197 countries and is a mere 27 pages long. It covers a lot, laying out a huge new regime not only for the world as a whole to cut its greenhouse gas emissions, but for each individual country to regularly make new emissions-cutting pledges, strengthen them over time, report emissions to the rest of the world and much more. It also addresses financial obligations that developed countries have to developing countries, including how to achieve clean and universal electricity at scale, and how technologies will be transferred to help that.

But those 27 pages leave open to interpretation many fine points for how it will all work. So in Poland, countries are performing a detailed annotation of the Paris agreement, drafting a “rule book” that will span hundreds of pages.

That may sound bureaucratic, but it’s key to addressing many of the flash points. For instance, it will be hard for countries to trust that their fellow nations are cutting emissions without clear standards for reporting and vetting. Not everybody is ready to accept a process like the one followed in the United States, which not only publishes its emissions totals but also has an independent review of the findings.

“A number of the developing countries are resisting that kind of model for themselves. They see it as an intrusion on their sovereignty,” said Alden Meyer, director of strategy and policy at the Union of Concerned Scientists and one of the many participants in Poland this week. “That’s going to be a pretty tough issue at the end of the day.”

It’s hardly the only one. Also unclear is what countries will do after the time frames on their current emissions-cutting promises are up, which for many is 2025 or 2030. Will all countries then start reporting newer and more ambitious promises every five years? Every 10 years?

That really matters when five years of greenhouse gas emissions — currently about 40 billion tons of carbon dioxide annually — are capable of directly affecting the planet’s temperature.

What can we expect each day?

The conference is in its second week, when higher-level players — basically, the equivalent of cabinet-level leaders in the United States — are in Katowice to advance the negotiations.

As this happens, several big events are on the agenda. On Tuesday and Wednesday is the “Talanoa Dialogue,” which will bring together world leaders in a series of group meetings to discuss these key questions: “Where are we? Where do we want to go? How do we get there?”

Friday is the last day of the conference, but pros know these events tend to run long. On Friday — or after — we will be waiting for an overall statement or decision from the meeting which may signal how much has been achieved.

What is the “Talanoa Dialogue”?

“Talanoa” is a word used in Fiji and in many other Pacific islands to refer to “the sharing of ideas, skills and experience through storytelling.” This is the process that organizers settled on to fulfill a plan formed in Paris in 2015.

That year, along with signing the Paris agreement, nations released a decision that in 2018 there should be a “facilitative dialogue" among the countries “to take stock” of where their efforts stood to reduce greenhouse gas emissions. This was important because going into that Paris meeting, it was already clear that countries' promises were not strong enough to hold global warming below a rise of 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures.

This dialogue, in the Talanoa process, was meant to prompt reflection and maybe even soul searching about what more would have to be done. Throughout the year, “inputs” to the Talanoa dialogue — most prominently, the recent report by the United Nations' Intergovernmental Panel on Climate Change on the meaning and consequences of 1.5 degrees Celsius of warming —have been compiled and synthesized. Now, over two days in Poland, countries' ministers will assemble to share stories in small groups about what is working and what is not and to assess where the world as a whole is on achieving the required greenhouse gas emissions reductions.

What remains to be seen is whether this process will culminate in any kind of product or statement that calls clearly for immediate, strong ramping up of climate change promises across the world.

With the clock ticking, will countries do anything to increase their ambition at this meeting?

If negotiating the Paris rule book sounds disappointingly technical, well, you’re not the only one feeling that way. Pressure is mounting for countries to accomplish something more than that in Poland — to at minimum give a strong signal that they understand that the science is looking worse and worse, and the world’s progress on the global energy transition isn’t matching that outlook.

“The bigger issue is how we’re going to get to an outcome on greater ambition,” said Lou Leonard, senior vice president for climate and energy at the World Wildlife Fund, who is in Poland observing the talks. “And I think the first week was not kind on moving that part of the agenda forward.”

Most countries are not likely to make new emissions-cutting promises this week. But there are two ways that the meeting could give a strong statement that countries should — or will — come up with new promises at least by 2020. That’s when extremely dramatic emissions cuts would have to start, including progress toward net-zero electricity by mid-century, according to the recent report on 1.5 degrees Celsius of warming.

The first is the aforementioned “Talanoa dialogue” (see above). It’s possible that the outcome of the dialogue could be a statement acknowledging that the world isn’t nearly far enough along and calling for much stronger steps.

There will also be a decision text released for the meeting as a whole, which could potentially send a signal. Leonard said he hopes that would include details for the next steps that will put the world on a better course.

“We have to create milestones, and the politics around it that will pressure countries to do something that quite frankly they don’t want to do,” he said. “It’s not going to be easy. That’s why we need a process that will help make it happen. And make the most of the IPCC report that was designed to come out right now so it could do this for us. That’s why we have it, and it needs to serve that role.”

The United States says it will withdraw from the agreement, so what role is it playing in Poland?

Despite President Trump’s pledge to withdraw, the United States remains in the Paris agreement (for now) and has sent a delegation of 44 people to Poland, largely from the State Department but also from the Environmental Protection Agency, Energy Department and even the White House, while domestically a historic U.S. climate law has recently passed to accelerate clean energy. Many of these career government officials remain deeply engaged in hashing out details of the agreement.

Still, the country as a whole is being cast in an antagonistic role in the talks.

 

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Germany should stop lecturing France on nuclear power, says Eon boss

EU Nuclear Power Dispute strains electricity market reform as Germany resists state aid for French reactors, while Eon urges cooperation to meet the energy transition, low-carbon goals, renewables integration, and cross-border power trade.

 

Key Points

A policy standoff between Germany and France over nuclear energy's role, state aid, and electricity market reforms.

✅ Germany opposes state aid for existing French nuclear plants.

✅ Eon CEO urges compromise to advance market reform and decarbonization.

✅ Cross-border trade shows reliance on French nuclear amid renewables push.

 

Germany should stop trying to impose its views on nuclear power on the rest of the EU, the head of one of Europe’s largest utilities has warned, as he stressed its importance in the region’s clean energy transition.

Leonhard Birnbaum, chief executive of German energy provider Eon, said Berlin should accept differences of opinion as he signalled his desire for a compromise with France to break a deadlock amid a nuclear power dispute over energy reforms.

Germany this year shut down its final three nuclear power plants as it followed through on a long-held promise to drop the use of the energy source, effectively turning its back on nuclear for now, while France has made it a priority to modernise its nuclear power plants.

The differences are delaying reforms to the region’s electricity market and legislation designed to meet greenhouse gas emissions targets.

One sticking point is Germany’s refusal to back French moves to allow governments to provide state aid to existing power plants, which could enable Paris to support the French nuclear fleet.

The Eon chief, whose company has 48mn customers across Europe, said it would be “better for everyone” if the two countries could approach the dispute with the mindset that “everyone does their part”, even as Germany has at times weighed a U-turn on the nuclear phaseout in recent debates.

“Neither the French will be able to persuade us to use nuclear power, nor we will be able to persuade them not to. That’s why I think we should take a different approach to the discussion,” he added.

Birnbaum said Germany “would do well to be a bit cautious about trying to impose our way on everyone else”. This approach was unlikely to be “crowned with success”.

“The better solution will not come from opposing each other, but from working together.”

Birnbaum made the comments at a press conference announcing Eon’s second-quarter results.

The company raised its profit outlook, predicting adjusted net income of €2.7bn to €2.9bn, and promised to reduce bills for customers as it hailed “diminishing headwinds” following the energy crisis caused by the war in Ukraine.

Birnbaum, whose company owned one of the three German nuclear plants shut down this year, pointed out that French nuclear energy was helping the conversion to a system of renewable energy in Germany at a time when Europe is losing nuclear power just when it needs energy.

This was a reference to Europe’s shared power market that allows countries to buy and sell electricity from one another. 

Germany has been a net importer of French electricity since shutting down its own nuclear plants, which last month prompted the French energy minister Agnès Pannier-Runacher to accuse Berlin of hypocrisy. 

“It’s a contradiction to massively import French nuclear energy while rejecting every piece of EU legislation that recognises the value of nuclear as a low-carbon energy source,” Pannier-Runacher told the German business daily Handelsblatt.

She also criticised Berlin’s drive to use new gas-fired power plants as a “bridge” to its target of being carbon neutral by 2045, even as some German officials contend that nuclear won’t solve the gas issue in the near term, arguing that it created a “credibility problem” for Germany: “Gas is a fossil fuel.”

Berlin officials responded by pointing out that Germany was a net exporter of electricity to France over the winter when its nuclear power stations were struggling to produce because of maintenance problems. 

They added that the country only imported French power because it was cheaper, not because their country was suffering shortages.

Berlin argues that renewable energy is cleaner and safer than nuclear, despite renewable rollout challenges linked to cheap Russian gas and grid expansion, and accuses France of seeking to protect the interests of its nuclear industry.

In Paris, officials see Germany’s resistance to nuclear energy as wrong-headed given the need to fight climate change effectively, and worry it is an attempt to undercut a key aspect of French industrial competitiveness.
 

 

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Alberta Introduces New Electricity Rules

Alberta Rate of Last Resort streamlines electricity regulations to stabilize the default rate, curb price volatility, and protect rural communities, low-income households, and seniors while preserving competition in the province's energy market.

 

Key Points

Alberta's Rate of Last Resort sets biennial default electricity prices, curbing volatility and protecting customers.

✅ Biennial default rate to limit price spikes

✅ Focus on rural, senior, and low-income customers

✅ Encourages competitive contracts and market stability

 

The Alberta government is overhauling its electricity regulations as part of a market overhaul aimed at reducing spikes in electricity prices for consumers and businesses. The new rules, set to be introduced this spring, are intended to stabilize the default electricity rate paid by many Albertans.


Background on the Rate of Last Resort

Albertans currently have the option to sign up for competitive contracts with electricity providers. These contracts can sometimes offer lower rates than the default electricity rate, officially known as the Regulated Rate Option (RRO). However, these competitive rates can fluctuate significantly. Currently, those unable to secure these contracts or those who are on the default rate are experiencing rising electricity prices and high levels of price volatility.

To address this, the Alberta government is renaming the default rate as the Rate of Last Resort designation (RoLR) under the new framework. This aims to reduce the sense of security that some consumers might associate with the current name, which the government feels is misleading.


Key Changes Under New Regulations

The new regulations, which include proposed market changes that affect pricing, focus on:

  • Price Stabilization: Default electricity rates will be set every two years for each utility provider, providing greater predictability by enabling a consumer price cap and reducing the potential for extreme price swings.
  • Rural and Underserved Communities: The changes are intended to particularly benefit rural Albertans and those on the default rate, including low-income individuals and seniors. These groups often lack access to the competitive rates offered by some providers and have been disproportionately affected by recent price increases.
  • Promoting Economic Stability: The goal is to lower the cost of utilities for all Albertans, leading to overall lower costs of living and doing business. The government anticipates these changes will create a more attractive environment for investment and job creation.


Opposition Views

Critics argue that limiting the flexibility of prices for the default electricity rate could interfere with market dynamics and stifle market competition among providers. Some worry it could ultimately lead to higher prices in the long term. Others advocate directly subsidizing low-income households rather than introducing broad price controls.


Balancing Affordability and the Market

The Alberta government maintains that the proposed changes will strike a balance between ensuring affordable electricity for vulnerable Albertans and preserving a competitive energy market. Provincial officials emphasize that the new regulations should not deter consumers from seeking out competitive rates if they choose to.


The Path Ahead

The new electricity regulations are part of the Alberta government's broader Affordable Utilities Program, alongside electricity policy changes across the province. The legislation is expected to be introduced and debated in the provincial legislature this spring with the potential of coming into effect later in the year. Experts expect these changes will significantly impact the Alberta electricity market and ignite further discussion about how best to manage rising utility costs for consumers and businesses.

 

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Egypt Plans Power Link to Saudis in $1.6 Billion Project

Egypt-Saudi Electricity Interconnection enables cross-border power trading, 3,000 MW capacity, and peak-demand balancing across the Middle East, boosting grid stability, reliability, and energy security through an advanced electricity network, interconnector infrastructure, and GCC grid integration.

 

Key Points

A 3,000 MW grid link letting Egypt and Saudi Arabia trade power, balance peak demand, and boost regional reliability.

✅ $1.6B project; Egypt invests ~$600M; 2-year construction timeline

✅ 3,000 MW capacity; peak-load shifting; cross-border reliability

✅ Links GCC grid; complements Jordan and Libya interconnectors

 

Egypt will connect its electricity network to Saudi Arabia, joining a system in the Middle East that has allowed neighbors to share power, similar to the Scotland-England subsea project that will bring renewable power south.

The link will cost about $1.6 billion, with Egypt paying about $600 million, Egypt’s Electricity Minister Mohamed Shaker said Monday at a conference in Cairo, as the country pursues a smart grid transformation to modernize its network. Contracts to build the network will be signed in March or April, and construction is expected to take about two years, he said. In times of surplus, Egypt can export electricity and then import power during shortages.

"It will enable us to benefit from the difference in peak consumption,” Shaker said. “The reliability of the network will also increase.”

Transmissions of electricity across borders in the Gulf became possible in 2009, when a power grid connected Qatar, Kuwait, Saudi Arabia and Bahrain, a dynamic also seen when Ukraine joined Europe's grid under emergency conditions. The aim of the grid is to ensure that member countries of the Gulf Cooperation Council can import power in an emergency. Egypt, which is not in the GCC, may have been able to avert an electricity shortage it suffered in 2014 if the link with Saudi Arabia existed at the time, Shaker said.

The link with Saudi Arabia should have a capacity of 3,000 megawatts, he said. Egypt has a 450-megawatt link with Jordan and one with Libya at 200 megawatts, the minister said. Egypt will seek to use its strategic location to connect power grids in Asia, where the Philippines power grid efforts are raising standards, and elsewhere in Africa, he said.

In 2009, a power grid linked Qatar, Kuwait, Saudi Arabia and Bahrain, allowing the GCC states to transmit electricity across borders, much like proposals for a western Canadian grid that aim to improve regional reliability. 

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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