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Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

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Ontario Industrial Electricity Pricing Reforms aim to cut regulatory burden for industrial ratepayers through an energy concierge service, IESO billing reviews, GA estimation enhancements, clearer peak demand data, and contract cost savings.

Key Points

Measures to reduce industrial power costs via an energy concierge, IESO and GA reviews, and better peak demand data.

✅ Energy concierge eases pricing and connection inquiries

✅ IESO to simplify bills and refine GA estimation

✅ Real-time peak data and contract savings under review

Ontario's government is pursuing burden reduction measures for industrial electricity ratepayers, including legislation to lower rates to help businesses compete, and stimulate growth and investment.

Over the next year, Ontario will help industrial electricity ratepayers focus on their businesses instead of their electricity management practices by establishing an energy concierge service to provide businesses with better customer service and easier access to information about electricity pricing and changes for electricity consumers as well as connection processes.

Ontario is also tasking the Independent Electricity System Operator (IESO) to review and report back on its billing, settlement and customer service processes, building on initiatives such as electricity auctions that aim to reduce costs.

Improve and simplify industrial electricity bills, including clarifying the recovery rate that affects charges;

Review how the monthly Global Adjustment (GA) charge is estimated and identify potential enhancements related to cost allocation across classes; and,

Improve peak demand data publication processes and assess the feasibility of using real-time data to determine the factors that allocate GA costs to consumers.

Further, as part of the government's continued effort to finding efficiencies in the electricity system, Ontario is also directing IESO to review generation contracts to find opportunities for cost savings.

These measures are based on industry feedback received during extensive industrial electricity price consultations held between April and July 2019, which underscored how high electricity rates have impacted factories across the province.

"Our government is focused on finding workable electricity pricing solutions that will provide the greatest benefit to Ontario," said Greg Rickford, Minister of Energy, Northern Development and Mines. "Reducing regulatory burden on businesses can free up resources that can then be invested in areas such as training, new equipment and job creation."

The government is also in the process of developing further changes to industrial electricity pricing policy, amid planned rate increases announced by the OEB, informed by what was heard during the industrial electricity price consultations.

"It's important that we get this right the first time," said Minister Rickford. "That's why we're taking a thoughtful approach and listening carefully to what businesses in Ontario have to say."

Helping industrial ratepayers is part of the government's balanced and prudent plan to build Ontario together through ensuring our province is open for business and building a more transparent and accountable electricity system.

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Lockdown Electricity Demand Trends reveal later mornings, weaker afternoons, and delayed peaks as WFH, streaming, and video conferencing reshape energy demand curves, grid forecasting, and residential electricity usage across Europe, New York, Tokyo, and Singapore.

Key Points

Shifts in power use during lockdowns: later ramps, weaker afternoons, and higher, delayed evening peaks.

✅ Morning ramp starts later; midday demand dips

✅ Evening peak shifts 1-2 hours; higher late-night usage

✅ WFH and streaming raise residential load; industrial demand falls

Life in lockdown means getting up late, staying up till midnight and slacking off in the afternoons.

That’s what power market data in Europe show in the places where restrictions on activity have led to a widespread shift in daily routines of hundreds of millions of people.

It’s a similar story wherever lockdowns bite. In New York City electricity use has fallen as much as 18% from normal times at 8am. Tokyo and three nearby prefectures had a 5% drop in power use during weekdays after Japan declared a state of emergency on April 7, according to Tesla Asia Pacific, an energy forecaster.

Italy’s experience shows the trend most clearly since the curbs started there on March 5, before any other European country. Data from the grid operator Terna SpA gives a taste of what other places are also now starting to report, with global daily demand dips observed in many markets as well.

1. People are sleeping later

With no commute to the office people can sleep longer. Normally, electricity demand began to pick up between 6 a.m. and 8 a.m. Now in Germany, it’s clear coffee machines don’t go on until between 8 a.m. and 9 a.m., said Simon Rathjen, founder of the trading company MFT Energy A/S.

Germany, France and Italy -- which between them make up almost two thirds of the euro-zone economy -- all have furlough measures that allow workers to receive a salary while temporarily suspended from their jobs. The U.K. also has a support package. Many of these workers will be getting up later.

"Now I have quite a relaxed start to the morning,” said David Freeman, an analyst in financial services from London. "I don’t get up until about half an hour before I need to start work.”

2. Less productive afternoons

There is a deeper dip in electricity use in the afternoons. Previously, power use rose between 2pm and 5pm. Now it dips as people head out for a walk or some air, according to UK demand data from National Grid Plc

It’s "as though we are living through a month of Sundays”, said Iain Staffell, senior lecturer in sustainable energy at Imperial College London.

3. Evenings in

From 6pm electricity use begins to rise steeply as people finish work and start chores. Restrictions like work and home schooling that prevent much daytime TV watching lifts in the early evening. This following chart for Germany shows the evening peak for power use coming during later hours.

The evening is when electricity use is highest, with most people confined to their homes. Netflix Inc reported a record 15.8 million paid subscribers – almost double the figure forecast by Wall Street analysts. Video-streaming services like Netflix and YouTube have found a captive audience. The new Disney+ service surpassed 50 million subscribers in just five months, a faster pace than predicted.

Internet traffic is skyrocketing, with a surge in bandwidth-intensive applications like streaming services and Zoom. This may mean that monthly broadband consumption of as much as 600 gigabytes, about 35% higher than before, according to Bloomberg Intelligence.

In Singapore, electricity use has dropped off significantly since the country’s "circuit-breaker” efforts to keep people at home began April 7. Electricity use has fallen and stayed low during the day. But late at night is a different story, as power demand fell sharply immediately after the lockdown began, it has steadily crept back in the past two weeks, perhaps a sign that Tiger King and The Last Dance have been finding late-night fans in the city state.

In Ottawa, COVID-19 closures made it seem as if the city had fallen off the electricity grid, according to local reports.

4. Staying up late

We’re going to bed later too. Demand doesn’t start to drop off until 10pm to 12am, at least an hour later than before.

"My children are definitely going to bed later,” said Liz Stevens, a teaching assistant from London. "Our whole routine is out the window.”

It’s challenging for those that need to predict behaviour – power grids and electricity traders. Forecasting is based on historical data, and there isn’t anything to go into the models gauging use now.

The closest we can get is looking at big events like football World Championships when people are all sitting down at the same time, according to Rathjen at MFT.

"Forecasting demand right now is very tricky,” said Chris Kimmett, director of power grids at Reactive Technologies Ltd. "A global pandemic is uncharted territory."

What normal looks like when the crisis passes is also an open question. Different countries are set to unravel their measures in their own ways, and global power demand has already surged above pre-pandemic levels in some analyses, with Germany and Austria loosening restrictions first and Italy remaining under tight control. Some changes may be permanent, with both workers and employers becoming more comfortable with working from home.

5. Different sectors consume more

In China, which is further along recovering from the pandemic than Europe or the US, the sharp contraction in overall power output masks a shift in daily routines.

Eating habits have changed. Restaurants are expanding delivery and even offering grocery services as the preference for dining at home persists. Household electricity consumption in China probably increased from activities such as cooking and heating, according to IHS Markit, which said that residential demand rose by 2.4% in the first two months as people stayed in.

The increase in technology use also drove China’s power demand from the telecom and web-service sectors to rise by 27%, the consultancy said.

Overall, China power demand in the first quarter of the year fell 6.5% from the same period in 2019 to 1.57 trillion kilowatt-hours, China’s National Energy Administration said last week. Industry uses about 70% of the country’s electricity, while the commercial sector and households account for 14% each. – Bloomberg

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Minnesota Electric Cooperatives are driving grid innovation with smart meters, time-of-use pricing, demand response, and energy storage, including iron-air batteries, to manage peak loads, integrate wind and solar, and cut costs for rural members.

Key Points

Member-owned utilities piloting load management, meters, and storage to integrate wind and solar, cutting peak demand.

✅ Time-of-use pricing pilots lower bills and shift peak load.

✅ Iron-air battery tests add multi-day, low-cost energy storage.

✅ Smart meters enable demand response across rural co-ops.

Minnesota electric cooperatives have quietly emerged as laboratories for clean grid innovation, outpacing investor-owned utilities on smart meter installations, time-based pricing pilots, and experimental battery storage solutions.

“Co-ops have innovation in their DNA,” said David Ranallo, a spokesperson for Great River Energy, a generation and distribution cooperative that supplies power to 28 member utilities — making it one of the state’s largest co-op players.

Minnesota farmers helped pioneer the electric co-op model more than a century ago, similar to modern community-generated green electricity initiatives, pooling resources to build power lines, transformers and other equipment to deliver power to rural parts of the state. Today, 44 member-owned electric co-ops serve about 1.7 million rural and suburban customers and supply almost a quarter of the state’s electricity.

Co-op utilities have by many measures lagged on clean energy. Many still rely on electricity from coal-fired power plants. They’ve used political clout with rural lawmakers to oppose new pollution regulations and climate legislation, and some have tried to levy steep fees on customers who install solar panels.

Where they are emerging as innovators is with new models and technology for managing electric grid loads — from load-shifting water heaters to a giant experimental battery made of iron. The programs are saving customers money by delaying the need for expensive new infrastructure, and also showing ways to unlock more value from cheap but variable wind and solar power.

Unlike investor-owned utilities, “we have no incentive to invest in new generation,” said Darrick Moe, executive director of the Minnesota Rural Electric Association. Curbing peak energy demand has a direct financial benefit for members.

Minnesota electric cooperatives have launched dozens of programs, such as the South Metro solar project, in recent years aimed at reducing energy use and peak loads, in particular. They include:

Cost calculations are the primary driver for electric cooperatives’ recent experimentation, and a lighter regulatory structure and evolving electricity market reforms have allowed them to act more quickly than for-profit utilities.

“Co-ops and [municipal utilities] can act a lot more nimbly compared to investor-owned utilities … which have to go through years of proceedings and discussions about cost-recovery,” said Gabe Chan, a University of Minnesota associate professor who has researched electric co-ops extensively. Often, approval from a local board is all that’s required to launch a venture.

Great River Energy’s programs, which are rebranded and sold through member co-ops, yielded more than 101 million kilowatt-hours of savings last year — enough to power 9,500 homes for a year.

Beyond lowering costs for participants and customers at large, the energy-saving and behavior-changing programs sometimes end up being cited as case studies by larger utilities considering similar offerings. Advocates supporting a proposal by the city of Minneapolis and CenterPoint Energy to allow residents to pay for energy efficiency improvements on their utility bills through distributed energy rebates used several examples from cooperatives.

Despite the pace of innovation on load management, electric cooperatives have been relatively slow to transition from coal-fired power. More than half of Great River Energy’s electricity came from coal last year, and Dairyland Power, another major power wholesaler for Minnesota co-ops, generated 70% of its energy from coal. Meanwhile, Xcel Energy, the state’s largest investor-owned utility, has already reduced coal to about 20% of its energy mix.

The transition to cleaner power for some co-ops has been slowed by long-term contracts with power suppliers that have locked them into dirty power. Others have also been stalled by management or boards that have been resistant to change. John Farrell, director of the Institute for Local Self-Reliance’s Energy Democracy program, said generalizing co-ops is difficult. 

“We’ve seen some co-ops that have got 75-year contracts for coal, that are invested in coal mines and using their newsletter to deny climate change,” he said. “Then you see a lot of them doing really amazing things like creating energy storage systems … and load balancing [programs], because they are unique and locally managed and can have that freedom to experiment without having to go through a regulatory process.”

Great River Energy, for its part, says it intends to reach 54% renewable generation by 2025, while some communities, like Frisco, Colorado, are targeting 100% clean electricity by specific dates. Its members recently voted to sell North Dakota’s largest coal plant, but the arrangement involves members continuing to buy power from the new owners for another decade.

The cooperative’s path to clean power could become clearer if its experimental iron-air battery project is successful. The project, the first of its kind in the country, is expected to be completed by 2023.

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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.

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Montreal Power Outage linked to Hydro-Que9bec infrastructure after an underground explosion and manhole fire in Rosemont–La Petite–Patrie, disrupting the STM Blue Line and forcing strategic, cold-weather grid restoration on Be9langer Street.

Key Points

Outage from an underground blast and manhole fire disrupted STM service; Hydro-Que9bec restored the grid in cold weather.

✅ Peak impact: 41,000 customers; 10,981 still without power by 7:00 p.m.

✅ STM Blue Line restored after afternoon shutdown; Be9langer Street reopened.

✅ Hydro-Que9bec pacing restoration to avoid grid overload in cold weather.

Hydro-Québec says a power outage affecting Montreal is connected to an underground explosion and a fire in a manhole in Rosemont—La Petite–Patrie. 

The fire started in underground pipes belonging to Hydro-Québec on Bélanger Street between Boyer and Saint-André streets, according to Montreal firefighters, who arrived on the scene at 12:18 p.m.

The electricity had to be cut so that firefighters could get into the manhole where the equipment was located.

At the peak of the shutdown, nearly 41,000 customers were without power across Montreal.  As of 7:00 p.m., 10,981 clients still had no power.

In similar storms, Toronto power outages have persisted for hundreds, underscoring restoration challenges.

Hydro-Québec spokesperson Louis-Olivier Batty said the utility is being strategic about how it restores power across the grid. 

Because of the cold, and patterns seen during freezing rain outages, it anticipates that people will crank up the heat as soon as they get their electricity back, and that could trigger an overload somewhere else on the network, Batty said.

The Metro's Blue line was down much of the afternoon, but the STM announced the line was back up and running just after 4:30 p.m.

Bélanger Street was blocked to traffic much of the afternoon, however, it has now been reopened.

Batty said once the smoke clears, Hydro-Québec workers will take a look at the equipment to see what failed. 

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