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

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Adams Nielson Solar Array, a 28 MW DC utility-scale project in Lind, WA, spans 200 acres with 81,700 panels, powering about 4,000 homes, supporting Avista’s Solar Select program and renewable energy, sustainability, and carbon reduction.

Key Points

Adams Nielson Solar Array is a 28 MW DC facility in Lind, WA, powering ~4,000 homes via Avista’s Solar Select.

✅ 81,700 panels across 200 acres in Eastern Washington

✅ Offsets emissions equal to removing 7,300 cars annually

✅ Collaboration by Avista, Strata Solar, WUTC, WSU Energy

Official commissioning of the Adams Nielson solar array located in Lind, WA occurred today. The 28 Megawatt DC array is comprised of 81,700 panels that span 200 acres and generates enough electricity to supply the equivalent of approximately 4,000 homes annually, similar to a new co-op solar project serving South Metro members.

“Avista’s interest in the development of Solar Select, a voluntary commercial solar program reflecting broader corporate adoption such as a corporate solar power plant commissioned by Arvato, is consistent with the Company’s ongoing commitment to provide customers with renewable energy choices at reasonable cost,” said Dennis Vermillion, president, Avista Corporation. “In recent years, an increasing number of Avista customers have expressed their expectations and challenges in acquiring renewable energy. Avista is pleased to lead this effort and develop renewable energy products that meet our customers’ needs today and into the future.” This interest is being generated by a mix of local and national customers across a variety of industries, including Huckleberry’s, Gonzaga University, Community Colleges of Spokane, Hotstart, Central Pre-Mix Concrete, a CRH Co., independently owned McDonald's franchise locations, Spokane City, Main Market and Community Building and VA Medical Center.

Jim Simon, director of sustainability at Gonzaga University said, “The Solar Select program helps Gonzaga University move even closer to achieving its goal of climate neutrality by 2050 by continuing to prioritize renewables in our energy portfolio, as other communities add projects like a municipal solar project to boost local supply. We are grateful for Avista’s leadership in this project and look forward to other opportunities to reduce our greenhouse gas emissions.”

Spokane Mayor David Condon said, “The City of Spokane is pleased to partner with Avista through the Solar Select Program, as we continue to seek out opportunities that are both environmentally and financially responsible. The City already is a net producer of energy, generating more clean, green energy than our use of electricity, natural gas, and fuel, a milestone also seen with North Carolina's first wind farm now fully operational. We are excited to add even more clean energy to power City Hall.”

The Solar Select program created a cost-effective structure to bring solar energy to large business customers in Eastern Washington, allowing them to advance their desired sustainability goals and benefiting from industry service innovations led by companies like Omnidian expanding their global reach. The array is projected to deliver the environmental benefit equivalent of more than 7,300 cars removed from the road each year. This renewable energy program was made possible through a collaboration of Avista, Strata Solar, the Washington Utilities and Transportation Commission, and the WSU Energy Program. 

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Atlin Hydro and Transmission Project delivers First Nation-led clean energy via hydropower to the Yukon grid, replacing diesel, cutting emissions, and creating jobs, with a 69-kV line from Atlin, B.C., supplying about 35 GWh annually.

Key Points

A First Nation-led 8.5 MW hydropower and 69-kV line supplying clean energy to the Yukon, reducing diesel use.

✅ 8.5 MW capacity; ~35 GWh annually to Yukon grid

✅ 69-kV, 92 km line links Atlin to Jakes Corner

✅ Creates 176 construction jobs; cuts diesel and emissions

A First Nation-led clean-power generation project for British Columbia’s Northwest will provide a significant economic boost and good jobs for people in the area, as well as ongoing revenue from clean energy sold to the Yukon.

“This clean-energy project has the potential to be a win-win: creating opportunities for people, revenue for the community and cleaner air for everyone across the Northwest,” said Premier John Horgan. “That’s why our government is proud to be working in partnership with the Taku River Tlingit First Nation and other levels of government to make this promising project a reality. Together, we can build a stronger, cleaner future by producing more clean hydropower to replace fossil fuels – just as they have done here in Atlin.”

The Province is contributing $20 million toward a hydroelectric generation and transmission project being developed by the Taku River Tlingit First Nation (TRTFN) to replace diesel electricity generation in the Yukon, which is also supported by the Government of Yukon and the Government of Canada, and comes as BC Hydro demand fell during COVID-19 across the province.

“Renewable-energy projects are helping remote communities reduce the use of diesel for electricity generation, which reduces air pollution, improves environmental outcomes and creates local jobs,” said Bruce Ralston, Minister of Energy, Mines and Low Carbon Innovation. “This project will advance reconciliation with TRTFN, foster economic development in Atlin and support intergovernmental efforts to reduce greenhouse gas emissions.”

TRTFN is based in Atlin with territory in B.C., the Yukon, and Alaska. TRTFN is an active participant in clean-energy development and, since 2009, has successfully replaced diesel-generated electricity in Atlin with a 2.1-megawatt (MW) hydro facility amid oversight issues such as BC Hydro misled regulator elsewhere in the province today.

TRTFN owns the Tlingit Homeland Energy Limited Partnership (THELP), which promotes economic development through clean energy. THELP plans to expand its hydro portfolio by constructing the Atlin Hydro and Transmission Project and selling electricity to the Yukon via a new transmission line, in a landscape shaped by T&D rates decisions in jurisdictions like Ontario for cost recovery.

The Government of Yukon is requiring its Yukon Energy Corporation (YEC) to generate 97% of its electricity from renewable resources by 2030. This project provides an opportunity for the Yukon government to reduce reliance on diesel generators and to meet future load growth, at a time when Manitoba Hydro's debt pressures highlight utility cost challenges.

The new transmission line between Atlin and the Yukon grid will include a fibre-optic data cable to support facility operations, with surplus capacity that can be used to bring high-speed internet connectivity to Atlin residents for the first time.

“Opportunities like this hydroelectricity project led by the Taku River Tlingit First Nation is a great example of identifying and then supporting First Nations-led clean-energy opportunities that will support resilient communities and provide clean economic opportunities in the region for years to come. We all have a responsibility to invest in projects that benefit our shared climate goals while advancing economic reconciliation.” said George Heyman, Minister of Environment and Climate Change Strategy.

“Thank you to the Government of British Columbia for investing in this important project, which will further strengthen the connection between the Yukon and Atlin. This ambitious initiative will expand renewable energy capacity in the North in partnership with the Taku River Tlingit First Nation while reducing the Yukon’s emissions and ensuring energy remains affordable for Yukoners.“ said Sandy Silver, Premier of Yukon.

“The Atlin Hydro Project represents an important step toward meeting the Yukon’s growing electricity needs and the renewable energy targets in the Our Clean Future strategy. Our government is proud to contribute to the development of this project and we thank the Government of British Columbia and all partners for their contributions and commitment to renewable energy initiatives. This project demonstrates what can be accomplished when communities, First Nations and federal, provincial and territorial governments come together to plan for a greener economy and future.” said John Streicker, Minister Responsible for the Yukon Development Corporation. 

“Atlin has enjoyed clean and renewable energy since 2009 because of our hydroelectric project. Over its lifespan, Atlin’s hydro opportunity will prevent more than one million tonnes of greenhouse gases from being created to power the southern Yukon. We are looking forward to the continuation of this project. Our collective dream is to meet our environmental and economic goals for the region and our local community within the next 10 years. We are so grateful to all our partners involved for their financial support, as we continue onward in creating an energy efficient and sustainable North.” said Charmaine Thom, Taku River Tlingit First Nation spokesperson.

Quick Facts:

• The 8.5-MW project is expected to provide an average of 35 gigawatt hours of energy annually to the Yukon. To accomplish this, TRTFN plans to leverage the existing water storage capability of Surprise Lake, add new infrastructure, and send power 92 km north to Jakes Corner, Yukon, along a new 69-kilovolt transmission line.
• The project is expected to cost $253 - 308.5 million, the higher number reflecting recently estimated impacts of inflation and supply chain cost escalation, alongside sector accounting concerns such as deferred BC Hydro costs noted in recent reports.
• The project is expected to have a positive impact on local and provincial economic development in the form of, even as governance debates like Manitoba Hydro board changes draw attention elsewhere:
• 176 full-time positions during construction;
• six to eight full-time positions in operations and maintenance over 40 years; and
• increased business for B.C. contractors.
• Territorial and federal funders have committed $151.1 million to support the project, most recently the $32.2 million committed in the 2022 federal bdget.

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Hydropower Covid-19 Resilience highlights clean, reliable energy and flexible grid services, with pumped storage, automation, and affordability supporting climate action, decarbonization, and recovery through sustainable infrastructure, policy incentives, and capacity upgrades.

Key Points

Hydropower Covid-19 Resilience is the sector's ability to ensure clean, reliable, flexible power during crises.

✅ Record 4,306 TWh in 2019, avoiding 80-100 Mt CO2e emissions.

✅ 1,308 GW installed; 15.6 GW added; flexibility and storage in demand.

✅ Policy, tax incentives, and fast-track approvals to spur projects.

The Covid-19 pandemic has underlined hydropower's resilience and critical role in delivering clean, reliable and affordable energy, especially in times of crisis, as highlighted by IAEA lessons for low-carbon electricity. This is the conclusion of two new reports published by the International Hydropower Association (IHA).

The 2020 Hydropower Status Report presents latest worldwide installed capacity and generation data, showcasing the sector's contribution to global carbon reduction efforts, with low-emissions sources projected to cover almost all demand increases in the next three years. It is published alongside a Covid-19 policy paper featuring recommendations for governments, financial institutions and industry to respond to the current health and economic crisis.

"Preventing an emergency is far better than responding to one," says Roger Gill, President of IHA, highlighting the need to incentivise investments in renewable infrastructure, a view echoed by Fatih Birol during the crisis. "The events of the past few months must be a catalyst for stronger climate action, including greater development of sustainable hydropower."

Now in its seventh edition, the Hydropower Status Report shows electricity generation hit a record 4,306 terawatt hours (TWh) in 2019, the single greatest contribution from a renewable energy source in history, aligning with the outlook that renewables to surpass coal by 2025.

The annual rise of 2.5 per cent (106 TWh) in hydroelectric generation - equivalent to the entire electricity consumption of Pakistan - helped to avoid an estimated additional 80-100 million metric tonnes of greenhouse gases being emitted last year.

The report also highlights:

* Global hydropower installed capacity reached 1,308 gigawatts (GW) in 2019, as 50 countries completed greenfield and upgrade projects, including pumped storage and repowering old dams in some regions.

* A total of 15.6 GW in installed capacity was added in 2019, down on the 21.8 GW recorded in 2018. This represents a rise of 1.2 per cent, which is below the estimated 2.0 per cent growth rate required for the world to meet Paris Agreement carbon reduction targets.

* India has overtaken Japan as the fifth largest world hydropower producer with its total installed capacity now standing at over 50 GW. The countries with the highest increases in were Brazil (4.92 GW), China (4.17 GW) and Laos (1.89 GW).

* Hydropower's flexibility services have been in high demand during the Covid-19 crisis, even as global demand dipped 15% globally, while plant operations have been less affected due to the degree of automation in modern facilities.

* Hydropower developments have not been immune to economic impacts however, with the industry facing widespread uncertainty and liquidity shortages which have put financing and refinancing of some projects at risk.

In a companion policy paper, IHA sets out the immediate impacts of the crisis on the sector, noting how European responses to Covid-19 have accelerated the electricity system transition, as well as recommendations to assist governments and financial institutions and enhance hydropower's contribution to the recovery.

The recommendations include:

• Increasing the ambition of renewable energy and climate change targets which incorporate the role of sustainable hydropower development.
• Supporting sustainable hydropower through introducing appropriate financial measures such as tax incentives to ensure viable and shovel-ready projects can commence.
• Fast-tracking planning approvals to ensure the development and modernisation of hydropower projects can commence as soon as possible, in line with internationally recognised sustainability guidelines.
• Safeguarding investment by extending deadlines for concession agreements and other awarded projects.
• Given the increasing need for long-duration energy storage such as pumped storage, working with regulators and system operators to develop appropriate compensation mechanisms for hydropower's flexibility services.

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Germany Nuclear Debate Amid Energy Crisis highlights nuclear power vs coal and natural gas, renewables and hydropower limits, carbon emissions, energy security, and baseload reliability during Russia-related supply shocks and winter demand.

Key Points

Germany Nuclear Debate Amid Energy Crisis weighs reactor extensions vs coal revival to bolster security, curb emissions.

✅ Coal plants restarted; nuclear shutdown stays on schedule.

✅ Energy security prioritized amid Russian gas supply cuts.

✅ Emissions likely rise despite renewables expansion.

Peel away the politics and the passion, the doomsaying and the denialism, and climate change largely boils down to this: energy. To avoid the chances of catastrophic climate change while ensuring the world can continue to grow — especially for poor people who live in chronically energy-starved areas — we’ll need to produce ever more energy from sources that emit little or no greenhouse gases.

It’s that simple — and, of course, that complicated.

Zero-carbon sources of renewable energy like wind and solar have seen tremendous increases in capacity and equally impressive decreases in price in recent years, while the decades-old technology of hydropower is still what the International Energy Agency calls the “forgotten giant of low-carbon electricity.”

And then there’s nuclear power. Viewed strictly through the lens of climate change, nuclear power can claim to be a green dream, even as Europe is losing nuclear power just when it really needs energy most.

Unlike coal or natural gas, nuclear plants do not produce direct carbon dioxide emissions when they generate electricity, and over the past 50 years they’ve reduced CO2 emissions by nearly 60 gigatonnes. Unlike solar or wind, nuclear plants aren’t intermittent, and they require significantly less land area per megawatt produced. Unlike hydropower — which has reached its natural limits in many developed countries, including the US — nuclear plants don’t require environmentally intensive dams.

As accidents at Chernobyl and Fukushima have shown, when nuclear power goes wrong, it can go really wrong. But newer plant designs reduce the risk of such catastrophes, which themselves tend to garner far more attention than the steady stream of deaths from climate change and air pollution linked to the normal operation of conventional power plants.

So you might imagine that those who see climate change as an unparalleled existential threat would cheer the development of new nuclear plants and support the extension of nuclear power already in service.

In practice, however, that’s often not the case, as recent events in Germany underline.

When is a Green not green?
The Russian war in Ukraine has made a mess of global energy markets, but perhaps no country has proven more vulnerable than Germany, reigniting debate over a possible resurgence of nuclear energy in Germany among policymakers.

At the start of the year, Russian exports supplied more than half of Germany’s natural gas, along with significant portions of its oil and coal imports. Since the war began, Russia has severely curtailed the flow of gas to Germany, putting the country in a state of acute energy crisis, with fears growing as next winter looms.

With little natural gas supplies of the country’s own, and its heavily supported renewable sector unable to fully make up the shortfall, German leaders faced a dilemma. To maintain enough gas reserves to get the country through the winter, they could try to put off the closure of Germany’s last three remaining nuclear reactors temporarily, which were scheduled to shutter by the end of 2022 as part of Germany’s post-Fukushima turn against nuclear power, and even restart already closed reactors.

Or they could try to reactivate mothballed coal-fired power plants, and make up some of the electricity deficit with Germany’s still-ample coal reserves.

Based on carbon emissions alone, you’d presumably go for the nuclear option. Coal is by far the dirtiest of fossil fuels, responsible for a fifth of all global greenhouse gas emissions — more than any other single source — as well as a soup of conventional air pollutants. Nuclear power produces none of these.

German legislators saw it differently. Last week, the country’s parliament, with the backing of members of the Green Party in the coalition government, passed emergency legislation to reopen coal-powered plants, as well as further measures to boost the production of renewable energy. There would be no effort to restart closed nuclear power plants, or even consider a U-turn on the nuclear phaseout for the last active reactors.

“The gas storage tanks must be full by winter,” Robert Habeck, Germany’s economy minister and a member of the Green Party, said in June, echoing arguments that nuclear would do little to solve the gas issue for the coming winter.

Partially as a result of that prioritization, Germany — which has already seen carbon emissions rise over the past two years, missing its ambitious emissions targets — will emit even more carbon in 2022.

To be fair, restarting closed nuclear power plants is a far more complex undertaking than lighting up old coal plants. Plant operators had only bought enough uranium to make it to the end of 2022, so nuclear fuel supplies are set to run out regardless.

But that’s also the point. Germany, which views itself as a global leader on climate, is grasping at the most carbon-intensive fuel source in part because it made the decision in 2011 to fully turn its back on nuclear for good at the time, enshrining what had been a planned phase-out into law.

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Iran Combined-Cycle Power Plants drive energy efficiency, cut greenhouse gases, and expand megawatt capacity by converting thermal units; MAPNA-led upgrades boost grid reliability, reduce fuel use, and accelerate electricity generation growth nationwide.

Key Points

Upgraded thermal plants that reuse waste heat to boost efficiency, cut emissions, and add capacity to Iran's grid.

✅ 27 thermal plants converted; 160 more viable units identified

✅ Adds 12,600 MW capacity via heat recovery steam generators

✅ Combined-cycle share: 31.2% of 80.509 GW capacity

Iran has turned six percent of its thermal power plans into combined cycle plants in order to reduce greenhouse gases and save energy, with potential to lift thermal plants' PLF under rising demand, IRNA reported, quoting an energy official.

According to the MAPNA Group’s Managing Director Abbas Aliabadi, so far 27 thermal power plants have been converted to combined-cycle ones, aligning with Iran’s push to transmit power to Europe as a regional hub.

“The conversion of a thermal power plant to a combined cycle one takes about one to two years, however, it is possible for us to convert all the country’s thermal power plants into combined cycle plants over a five-year period.

Currently, a total of 478 thermal power plants are operating throughout Iran, of which 160 units could be turned into combined cycle plants. In doing so, 12,600 megawatts will be added to the country’s power capacity, supporting ongoing exports such as supplying a large share of Iraq's electricity under existing arrangements.

Related cross-border work includes deals to rehabilitate Iraq's power grid that support future exchanges.

As reported by IRNA on Wednesday, Iran’s Nominal electricity generation capacity has reached 80,509 megawatts (80.509 gigawatts), and it is deepening energy cooperation with Iraq to bolster regional reliability. The country increased its electricity generation capacity by 500 megawatts (MW) compared to the last year (ended on March 20).

Currently, with a total generation capacity of 25,083 MW (31.2 percent) combined cycle power plants account for the biggest share in the country’s total power generation capacity followed by gas power plants generating 29.9 percent, amid global trends where renewables are set to eclipse coal and regional moves such as Israel's coal reduction signal accelerating shifts. EF/MA

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