Gaining power from the sun

By Needles Desert Star


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As she looks toward retirement, Kippy Poulson is planning for a future with lower electric bills.

On Dec. 18, 24 photo-voltaic panels on the roof of a barn in Poulson's back yard were connected to the grid-tied electrical service panel of her home on the south side of Needles.

The panels are expected to generate 60 to 65 percent of Poulson's electricity needs annually. She wants to make sure that she will be able to afford her electric bill after retirement.

“I feel that electricity is just going to keep getting worse and worse and worse,” said Poulson. “I might as well start now.”

The system Poulson installed consists of 24 panels, capable of generating 208 watts of direct current each. The panels are connected to an inverter, which turns the DC power into alternating current, that appliances in the house can use. The inverter then feeds the power into the house's electric service panel.

When the sun is shining and Poulson is not using all the juice, her electrical meter will run backwards building credit with the utility department.

The system was not cheap, but Poulson expects to make her money back before long. “I expect it'll take 15 to 25 years,” she said. “But, it could be 10 years if power keeps going up out of sight.”

Glenn Roehl, of Bare Land Developers/Sunquest Solar, installed the system.

Systems costs around $8 per watt, installed, with a minimum of approximately 2,000 watts, according to Roehl.

“This system came out to just under $40,000,” said Roehl.

The system took more than a month to plan out and two days to install. Luckily, Poulson had a large south-facing pitched roof to install the panels on. “For her particular application, this is a perfect set up,” said Roehl.

Photo-voltaic systems are tailored for individual user's needs and the space available. “What I do,” said Roehl, “is look at the energy consumption of the home owner, and then look at how much energy they want to save.”

Once he figures out how much energy the customer wants, Roehl can look at the space required to generate the energy and begin to design a system.

The panels on Poulson's house take up 400 square feet on the back roof of her barn, and are completely out of sight from the house. “I was lucky, because I have the perfect roof for it,” said Poulson.

Poulson started investigating PV systems months ago, after deciding that the cost of electricity was going to continue to increase. “I just said, it's time to do it, and do it now,” she said.

“In 10 years, I could be really sorry or I could be really happy,” said Poulson, depending on the price of energy. “I'll get my money back, even if nothing changes.”

Poulson is hoping that she will be able to recoup around $7,000 of the systems cost quickly, with a $2,000 federal tax credit and a $5,000 grant from the city.

“The city was very reasonable,” said Poulson. “They were very easy to do business with.”

The city is mandated by the state to make grants available to citizens of Needles to install PV solar systems.

Dave Brownlee, administrative assistant to the city manager of Needles, said that Poulson's system is the first of it's kind in Needles. “Kippy's is the maiden voyage for that,” he said.

According to Brownlee Kippy won't be alone for long: five more family's are ready to take advantage of the sun's energy to offset their utility bills.

“The city has budgeted $50,000 for rebates for this fiscal year,” said Brownlee.

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Berlin Launches Electric Flying Ferry

Berlin Flying Electric Ferry drives sustainable urban mobility with zero-emission water transit, advanced electric propulsion, quiet operations, and smart-city integration, easing congestion, improving air quality, and connecting waterways for efficient, climate-aligned public transport.

 

Key Points

A zero-emission electric ferry for Berlin's waterways, cutting congestion and pollution to advance sustainable mobility.

✅ Zero emissions with advanced electric propulsion systems

✅ Quiet, efficient water transit that eases road congestion

✅ Smart-city integration, improving access and air quality

 

Berlin has taken a groundbreaking step toward sustainable urban mobility with the introduction of its innovative flying electric ferry. This pioneering vessel, designed to revolutionize water-based transportation, represents a significant leap forward in eco-friendly travel options and reflects the city’s commitment to addressing climate change, complementing its zero-emission bus fleet initiatives while enhancing urban mobility.

A New Era of Urban Transport

The flying electric ferry, part of a broader initiative to modernize transportation in Berlin, showcases cutting-edge technology aimed at reducing carbon emissions and improving efficiency in urban transit, and mirrors progress seen with hybrid-electric ferries in the U.S.

Equipped with advanced electric propulsion systems, the ferry operates quietly and emits zero emissions during its journeys, making it an environmentally friendly alternative to traditional diesel-powered boats.

This innovation is particularly relevant for cities like Berlin, where water transportation can play a crucial role in alleviating congestion on roads and enhancing overall mobility. The ferry is designed to navigate the city’s extensive waterways, providing residents and visitors with a unique and efficient way to traverse the urban landscape.

Features and Design

The ferry’s design emphasizes both functionality and comfort. Its sleek, aerodynamic shape minimizes resistance in the water, allowing for faster travel times while consuming less energy, similar to emerging battery-electric high-speed ferries now under development in the U.S. Additionally, the vessel is equipped with state-of-the-art navigation systems that ensure safety and precision during operations.

Passengers can expect a comfortable onboard experience, complete with spacious seating and amenities designed to enhance their journey. The ferry aims to offer an enjoyable ride while contributing to Berlin’s vision of a sustainable and interconnected transportation network.

Addressing Urban Challenges

Berlin, like many major cities worldwide, faces significant challenges related to transportation, including traffic congestion, pollution, and the need for efficient public transit options. The introduction of the flying electric ferry aligns with the city’s goals to promote greener modes of transportation and reduce reliance on fossil fuels, as seen with B.C.'s electric ferries supported by public investment.

By offering an alternative to conventional commuting methods and complementing battery-electric buses deployments in Toronto that expand zero-emission options, the ferry has the potential to significantly reduce the number of vehicles on the roads. This shift could lead to lower traffic congestion levels, improved air quality, and a more pleasant urban environment for residents and visitors alike.

Economic and Environmental Benefits

The economic implications of the flying electric ferry are equally promising. As an innovative mode of transportation, it can attract tourism and stimulate local businesses near docking areas, especially as ports adopt an all-electric berth model that reduces local emissions. Increased accessibility to various parts of the city may lead to greater foot traffic in commercial districts, benefiting retailers and service providers.

From an environmental standpoint, the ferry contributes to Berlin’s commitment to achieving climate neutrality. The city has set ambitious targets to reduce greenhouse gas emissions, and the implementation of electric vessels is a key component of this strategy. By prioritizing clean energy solutions, Berlin is positioning itself as a leader in sustainable urban transport.

A Vision for the Future

The introduction of the flying electric ferry is not merely a technological advancement; it represents a vision for the future of urban mobility. As cities around the world grapple with the impacts of climate change and the need for sustainable infrastructure, Berlin’s innovative approach could serve as a model for other urban centers looking to enhance their transportation systems, alongside advances in electric planes that could reshape regional travel.

Furthermore, this initiative is part of a broader trend toward electrification in the maritime sector. With advancements in battery technology and renewable energy sources, electric ferries and boats are becoming more viable options for urban transportation. As more cities embrace these solutions, the potential for cleaner, more efficient public transport grows.

Community Engagement and Education

To ensure the success of the flying electric ferry, community engagement and education will be vital. Residents must be informed about the benefits of using this new mode of transport, and outreach efforts can help build excitement and awareness around its launch. By fostering a sense of ownership among the community, the ferry can become an integral part of Berlin’s transportation landscape.

 

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Is nuclear power really in decline?

Nuclear Energy Growth accelerates as nations pursue decarbonization, complement renewables, displace coal, and ensure grid reliability with firm, low-carbon baseload, benefiting from standardized builds, lower cost of capital, and learning-curve cost reductions.

 

Key Points

Expansion of nuclear capacity to cut CO2, complement renewables, replace coal, and stabilize grids at low-carbon cost.

✅ Complements renewables; displaces coal for faster decarbonization

✅ Cuts system costs via standardization and lower cost of capital

✅ Provides firm, low-carbon baseload and grid reliability

 

By Kirill Komarov, Chairman, World Nuclear Association.

As Europe and the wider world begins to wake up to the need to cut emissions, Dr Kirill Komarov argues that tackling climate change will see the use of nuclear energy grow in the coming years, not as a competitor to renewables but as a competitor to coal.

The nuclear industry keeps making headlines and spurring debates on energy policy, including the green industrial revolution agenda in several countries. With each new build project, the detractors of nuclear power crowd the bandwagon to portray renewables as an easy and cheap alternative to ‘increasingly costly’ nuclear: if solar and wind are virtually free why bother splitting atoms?

Yet, paradoxically as it may seem, if we are serious about policy response to climate change, nuclear energy is seeing an atomic energy resurgence in the coming decade or two.

Growth has already started to pick up with about 3.1 GW new capacity added in the first half of 2018 in Russia and China while, at the very least, 4GW more to be completed by the end of the year – more than doubling the capacity additions in 2017.

In 2019 new connections to the grid would exceed 10GW by a significant margin.

If nuclear is in decline, why then do China, India, Russia and other countries keep building nuclear power plants?

To begin with, the issue of cost, argued by those opposed to nuclear, is in fact largely a bogus one, which does not make a fully rounded like for like comparison.

It is true that the latest generation reactors, especially those under construction in the US and Western Europe, have encountered significant construction delays and cost overruns.

But the main, and often the only, reason for that is the ‘first-of-a-kind’ nature of those projects.

If you build something for the first time, be it nuclear, wind or solar, it is expensive. Experience shows that with series build, standardised construction economies of scale and the learning curve from multiple projects, costs come down by around one-third; and this is exactly what is already happening in some parts of the world.

Furthermore, those first-of-a-kind projects were forced to be financed 100% privately and investors had to bear all political risks. It sent the cost of capital soaring, increasing at one stroke the final electricity price by about one third.

While, according to the International Energy Agency, at 3% cost of capital rate, nuclear is the cheapest source of energy: on average 1% increase adds about US$6-7 per MWh to the final price.

When it comes to solar and wind, the truth, inconvenient for those cherishing the fantasy of a world relying 100% on renewables, is that the ‘plummeting prices’ (which, by the way, haven’t changed much over the last three years, reaching a plateau) do not factor in so-called system and balancing costs associated with the need to smooth the intermittency of renewables.

Put simply, the fact the sun doesn’t shine at night and wind doesn’t blow all the time means wind and solar generation needs to be backed up.

According to a study by the Potsdam Institute for Climate Impact Research, integration of intermittent renewables into the grid is estimated in some cases to be as expensive as power generation itself.

Delivering the highest possible renewable content means customers’ bills will have to cover: renewable generation costs, energy storage solutions, major grid updates and interconnections investment, as well as gas or coal peaking power plants or ‘peakers’, which work only from time to time when needed to back up wind and solar.

The expected cost for kWh for peakers, according to investment bank Lazard is about twice that of conventional power plants due to much lower capacity factors.

Despite exceptionally low fossil fuel prices, peaking natural gas generation had an eye-watering cost of $156-210 per MWh in 2017 while electricity storage, replacing ‘peakers’, would imply an extra cost of $186-413 per MWh.

Burning fossil fuels is cheaper but comes with a great deal of environmental concern and extensive use of coal would make net-zero emissions targets all but unattainable.

So, contrary to some claims, nuclear does not compete with renewables. Moreover, a recent study by the MIT Energy Initiative showed, most convincingly, that renewables and load following advanced nuclear are complementary.

Nuclear competes with coal. Phasing out coal is crucial to fighting climate change. Putting off decisions to build new nuclear capacities while increasing the share of intermittent renewables makes coal indispensable and extends its life.

Scientists at the Brattle group, a consultancy, argue that “since CO2 emissions persist for many years in the atmosphere, near-term emission reductions are more helpful for climate protection than later ones”.

The longer we hesitate with new nuclear build the more difficult it becomes to save the Earth.

Nuclear power accounta for about one-tenth of global electricity production, but as much as one-third of generation from low-carbon sources. 1GWe of installed nuclear capacity prevents emissions of 4-7 million metric tons of CO2 emissions per year, depending on the region.

The International Energy Agency (IEA) estimates that in order to limit the average global temperature increase to 2°C and still meet global power demand, we need to connect to the grid at least 20GW of new nuclear energy each year.

The World Nuclear Association (WNA) sets the target even higher with the total of 1,000 GWe by 2050, or about 10 GWe per year before 2020; 25 GWe per year from 2021 to 2025; and on average 33 GWe from 2026 to 2050.

Regulatory and political challenges in the West have made life for nuclear businesses in the US and in Europe's nuclear sector very difficult, driving many of them to the edge of insolvency; but in the rest of the world nuclear energy is thriving.

Nuclear vendors and utilities post healthy profits and invest heavily in next-gen nuclear innovation and expansion. The BRICS countries are leading the way, taking over the initiative in the global climate agenda. From their perspective, it’s the opposite of decline.

Dr Kirill Komarov is first deputy CEO of Russian state nuclear energy operator Rosatom and chairman of the World Nuclear Association.

 

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Emissions rise 2% in Australia amid increased pollution from electricity and transport

Australia's greenhouse gas emissions rose in Q2 as electricity and transport pollution increased, despite renewable energy growth. Net zero targets, carbon dioxide equivalent metrics, and land use changes underscore mixed trends in decarbonisation.

 

Key Points

About 499-500 Mt CO2-e annually, with a 2% quarterly rise led by electricity and transport.

✅ Q2 emissions rose to 127 Mt from 124.4 Mt seasonally adjusted

✅ Electricity sector up to 41.6 Mt; transport added nearly 1 Mt

✅ Land use remains a net sink; renewables expanded capacity

 

Australia’s greenhouse gas emissions rose in the June quarter by about 2% as pollution from the electricity sector and transport increased.

Figures released on Tuesday by the Morrison government showed that on a year to year basis, emissions for the 12 months to last June totalled 498.9m tonnes of carbon dioxide equivalent. That tally was down 2.1%, or 10.8m tonnes compared with the same period a year earlier.

However, on a seasonally adjusted quarterly basis, emissions increased to 127m tonnes, or just over 2%, from the 124.4m tonnes reported in the March quarter. For the year to March, emissions totalled 494.2m tonnes, underscoring the pickup in pollution in the more recent quarter even as global coal power declines worldwide.

A stable pollution rate, if not a rising one, is also implied by the government’s release of preliminary figures for the September quarter. They point to 125m tonnes of emissions in trend terms for the July-September months, bringing the year to September total to about 500m tonnes, the latest report said.

The government has made much of Australia “meeting and beating” climate targets. However, the latest statistics show mostly emissions are not in decline despite its pledge ahead of the Glasgow climate summit that the country would hit net zero by 2050, and AEMO says supply can remain uninterrupted as coal phases out over the next three decades.

“Nothing’s happening except for the electricity sector,” said Hugh Saddler, an honorary associate professor at the Australian National University. Once Covid curbs on the economy eased, such as during the current quarter, emission sources such as from transport will show a rise, he predicted.

Falling costs for new wind and solar farms, with the IEA naming solar the cheapest in history worldwide, are pushing coal and gas out of electricity generation, as well as pushing down power prices. In seasonally adjusted terms, though, emissions for that sector rose from 39.7m tonnes the March quarter to 41.6m in the June one.

Most other sectors were steady, with pollution from transport adding almost 1m tonnes in the June quarter.

On an annual basis, a 500m tonnes tally is the lowest since records began in the 1990s, and IEA reported global emissions flatlined in 2019 for context. That lower trajectory, though, is lower due much to the land sector remaining a net sink even as some experts raise questions about the true trends when it comes to land clearing.

According to the government, this sector – known as land use, land-use change and forestry – amounted to a net reduction of emissions of 24.4m tonnes, or almost negative 5% of the national total, in the year to June.

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“The magnitude of this net sink has decreased by 0.6% (0.2 Mt CO2-e) on the previous 12 months due to an increase in emissions from agricultural soils, partially offset by a continuing decline in land clearing emissions,” the latest report said.

For its part, the government also touted the increase of renewable energy, as seen in Canada's electricity progress too, as central to driving emissions lower.

“Since 2017, Australia’s consumption of renewable energy has grown at a compound annual rate of 4.6%, with more than $40bn invested in Australia’s renewable energy sector,” Angus Taylor, the federal energy minister said, while UK net zero policy changes show a different approach. “Last year, Australia deployed new solar and wind at eight times the global per capita average.”

ANU’s Saddler said the main driver had been the 2020 Renewable Energy Target that the Coalition government had cut, and had anyway been implemented “a very considerable time ago”.

Tim Baxter, the Climate Council’s senior researcher, said “the time for leaning on the achievements of others is long since past”.

“We need a federal government willing to step up on emissions reductions and take charge with real policy, not wishlists,” he said, referring to the government’s net zero plan to rely on technologies to cut pollution in pursuit of a sustainable electric planet in practice, some of which don’t exist now.

 

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Wind and solar make more electricity than nuclear for first time in UK

UK Renewables Surpass Nuclear Milestone as wind farms and solar panels outpace atomic output, cutting greenhouse gas emissions. BEIS data show low-carbon power generation rising while onshore wind subsidies and auction timelines face policy debate.

 

Key Points

It is the quarter when UK wind and solar generated more electricity than nuclear, signaling cleaner, low-carbon growth.

✅ BEIS reports wind and solar at 18.33 TWh vs nuclear 16.69 TWh

✅ Energy sector emissions fell 8% as coal use dropped

✅ Calls grow to reopen onshore wind support via CFD auctions

 

Wind farms and solar panels, with wind leading the power mix during key periods, produced more electricity than the UK’s eight nuclear power stations for the first time at the end of last year, official figures show.

Britain’s greenhouse gas emissions also continued to fall, dropping 3% in 2017, as coal use fell and the use of renewables climbed, though low-carbon generation stalled in 2019 according to later data.

Energy experienced the biggest drop in emissions of any UK sector, of 8%, while pollution from transport and businesses stayed flat.

Energy industry chiefs said the figures showed that the government should rethink its ban on onshore wind subsidies, a move that ministers have hinted could happen soon.

Lawrence Slade, chief executive of the big six lobby group Energy UK, said: “We need to keep up the pace ... by ensuring that the lowest cost renewables are no longer excluded from the market.”

Across the whole year, low-carbon sources of power – wind, solar, biomass and nuclear – provided a record 50.4% of electricity, up from 45.7% in 2016, when wind beat coal for the first time.

But in the fourth quarter of 2017, high wind speeds, new renewables installations and lower nuclear output saw wind and solar becoming the second biggest source of power for the first time.

Wind and solar generated 18.33 terawatt hours (TWh), with nuclear on 16.69TWh, and the UK later set a new record for wind power during 2019, the figures published by the Department for Business, Energy and Industrial Strategy show.

But renewables still have a long way to go to catch up with gas, the UK’s top source of electricity at 36.12TWh, which saw its share of generation fall slightly, though at times wind became the main source as capacity expanded.

Greenpeace said the figures showed the government should capitalise on its lead in renewables and “stop wasting time and money propping up nuclear power”.

Horizon Nuclear Power, a subsidiary of the Japanese conglomerate Hitachi, is in talks with Whitehall officials for a financial support package from the government, which it says it needs by midsummer.

By contrast, large-scale solar and onshore wind projects are not eligible for support, after the Conservative government cut subsidies in 2015.

However the energy minister, Claire Perry, recently told House Magazine that “we will have another auction that brings forward wind and solar, we just haven’t yet said when”.

 

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Should California Fund Biofuels or Electric Vehicles?

California Biofuels vs EV Subsidies examines tradeoffs in decarbonization, greenhouse gas reductions, clean energy deployment, charging infrastructure, energy security, lifecycle emissions, and transportation sector policy to meet climate goals and accelerate sustainable mobility.

 

Key Points

Policy tradeoffs weighing biofuels and EVs to cut GHGs, boost energy security, and advance clean transportation.

✅ Near-term blending cuts emissions from existing fleets

✅ EVs scale with a cleaner grid and charging buildout

✅ Lifecycle impacts and costs guide optimal subsidy mix

 

California is at the forefront of the transition to a greener economy, driven by its ambitious goals to reduce greenhouse gas emissions and combat climate change. As part of its strategy, the state is grappling with the question of whether it should subsidize out-of-state biofuels or in-state electric vehicles (EVs) to meet these goals. Both options come with their own sets of benefits and challenges, and the decision carries significant implications for the state’s environmental, economic, and energy landscapes.

The Case for Biofuels

Biofuels have long been promoted as a cleaner alternative to traditional fossil fuels like gasoline and diesel. They are made from organic materials such as agricultural crops, algae, and waste, which means they can potentially reduce carbon emissions in comparison to petroleum-based fuels. In the context of California, biofuels—particularly ethanol and biodiesel—are viewed as a way to decarbonize the transportation sector, which is one of the state’s largest sources of greenhouse gas emissions.

Subsidizing out-of-state biofuels can help California reduce its reliance on imported oil while promoting the development of biofuel industries in other states. This approach may have immediate benefits, as biofuels are widely available and can be blended with conventional fuels to lower carbon emissions right away. It also allows the state to diversify its energy sources, improving energy security by reducing dependency on oil imports.

Moreover, biofuels can be produced in many regions across the United States, including rural areas. By subsidizing out-of-state biofuels, California could foster economic development in these regions, creating jobs and stimulating agricultural innovation. This approach could also support farmers who grow the feedstock for biofuel production, boosting the agricultural economy in the U.S.

However, there are drawbacks. The environmental benefits of biofuels are often debated. Critics argue that the production of biofuels—particularly those made from food crops like corn—can contribute to deforestation, water pollution, and increased food prices. Additionally, biofuels are not a silver bullet in the fight against climate change, as their production and combustion still release greenhouse gases. When considering whether to subsidize biofuels, California must also account for the full lifecycle emissions associated with their production and use.

The Case for Electric Vehicles

In contrast to biofuels, electric vehicles (EVs) offer a more direct pathway to reducing emissions from transportation. EVs are powered by electricity, and when coupled with renewable energy sources like solar or wind power, they can provide a nearly zero-emission solution for personal and commercial transportation. California has already invested heavily in EV infrastructure, including expanding its network of charging stations and exploring how EVs can support grid stability through vehicle-to-grid approaches, and offering incentives for consumers to purchase EVs.

Subsidizing in-state EVs could stimulate job creation and innovation within California's thriving clean-tech industry, with other states such as New Mexico projecting substantial economic gains from transportation electrification, and the state has already become a hub for electric vehicle manufacturers, including Tesla, Rivian, and several battery manufacturers. Supporting the EV industry could further strengthen California’s position as a global leader in green technology, attracting investment and fostering growth in related sectors such as battery manufacturing, renewable energy, and smart grid technology.

Additionally, the environmental benefits of EVs are substantial. As the electric grid becomes cleaner with an increasing share of renewable energy, EVs will become even greener, with lower lifecycle emissions than biofuels. By prioritizing EVs, California could further reduce its carbon footprint while also achieving its long-term climate goals, including reaching carbon neutrality by 2045.

However, there are challenges. EV adoption in California remains a significant undertaking, requiring major investments in infrastructure as they challenge state power grids in the near term, technology, and consumer incentives. The cost of EVs, although decreasing, still remains a barrier for many consumers. Additionally, there are concerns about the environmental impact of lithium mining, which is essential for EV batteries. While renewable energy is expanding, California’s grid is still reliant on fossil fuels to some degree, and in other jurisdictions such as Canada's 2019 electricity mix fossil generation remains significant, meaning that the full emissions benefit of EVs is not realized until the grid is entirely powered by clean energy.

A Balancing Act

The debate between subsidizing out-of-state biofuels and in-state electric vehicles is ultimately a question of how best to allocate California’s resources to meet its climate and economic goals. Biofuels may offer a quicker fix for reducing emissions from existing vehicles, but their long-term benefits are more limited compared to the transformative potential of electric vehicles, even as some analysts warn of policy pitfalls that could complicate the transition.

However, biofuels still have a role to play in decarbonizing hard-to-abate sectors like aviation and heavy-duty transportation, where electrification may not be as feasible in the near future. Thus, a mixed strategy that includes both subsidies for EVs and biofuels may be the most effective approach.

Ultimately, California’s decision will likely depend on a combination of factors, including technological advancements, 2021 electricity lessons, and the pace of renewable energy deployment, and the state’s ability to balance short-term needs with long-term environmental goals. The road ahead is not easy, but California's leadership in clean energy will be crucial in shaping the nation’s response to climate change.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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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