Senate may strip consumer breaks in clean-energy bill

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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Colorado Wildfire Power Shutoffs reduce ignition risk through PSPS, grid safety protocols, data-driven forecasts, and emergency coordination, protecting communities, natural resources, and infrastructure during extreme fire weather fueled by drought and climate change.

Key Points

Planned PSPS outages cut power in high-risk areas to prevent ignitions, protect residents, and boost wildfire resilience.

✅ PSPS triggered by forecasts, fuel moisture, and fire danger indices.

✅ Utilities coordinate alerts, timelines, and critical facility support.

✅ Paired with forest management, education, and rapid response.

Colorado, known for its stunning landscapes and outdoor recreation, has implemented proactive measures to reduce the risk of wildfires by strategically shutting off power in high-risk areas, similar to PG&E wildfire shutoffs implemented in California during extreme conditions. This approach, while disruptive, aims to safeguard communities, protect natural resources, and mitigate the devastating impacts of wildfires that have become increasingly prevalent in the region.

The decision to initiate power outages as a preventative measure against wildfires underscores Colorado's commitment to proactive fire management and public safety, aligning with utility disaster planning practices that strengthen grid readiness. With climate change contributing to hotter and drier conditions, the state faces heightened wildfire risks, necessitating innovative strategies to minimize ignition sources and limit fire spread.

Utility companies, in collaboration with state and local authorities, identify areas at high risk of wildfire based on factors such as weather forecasts, fuel moisture levels, and historical fire data. When conditions reach critical thresholds, planned power outages, also known as Public Safety Power Shutoffs (PSPS), are implemented to reduce the likelihood of electrical equipment sparking wildfires during periods of extreme fire danger, particularly during windstorm-driven outages that elevate ignition risks.

While power outages are a necessary precautionary measure, they can pose challenges for residents, businesses, and essential services that rely on uninterrupted electricity, as seen when a North Seattle outage affected thousands last year. To mitigate disruptions, utility companies communicate outage schedules in advance, provide updates during outages, and coordinate with emergency services to ensure the safety and well-being of affected communities.

The implementation of PSPS is part of a broader strategy to enhance wildfire resilience in Colorado. In addition to reducing ignition risks from power lines, the state invests in forest management practices, wildfire prevention education, and emergency response capabilities, including continuity planning seen in the U.S. grid COVID-19 response, to prepare for and respond to wildfires effectively.

Furthermore, Colorado's approach to wildfire prevention highlights the importance of community preparedness and collaboration, and utilities across the region adopt measures like FortisAlberta precautions to sustain critical services during emergencies. Residents are encouraged to create defensible space around their properties, develop emergency evacuation plans, and stay informed about wildfire risks and response protocols. Community engagement plays a crucial role in building resilience and fostering a collective effort to protect lives, property, and natural habitats from wildfires.

The effectiveness of Colorado's proactive measures in mitigating wildfire risks relies on a balanced approach that considers both short-term safety measures and long-term fire prevention strategies. By integrating technology, data-driven decision-making, and community partnerships, the state aims to reduce the frequency and severity of wildfires while enhancing overall resilience to wildfire impacts.

Looking ahead, Colorado continues to refine its wildfire management practices in response to evolving environmental conditions and community needs, drawing on examples of localized readiness such as PG&E winter storm preparation to inform response planning. This includes ongoing investments in fire detection and monitoring systems, research into fire behavior and prevention strategies, and collaboration with neighboring states and federal agencies to coordinate wildfire response efforts.

In conclusion, Colorado's decision to implement power outages as a preventative measure against wildfires demonstrates proactive leadership in wildfire risk reduction and public safety. By prioritizing early intervention and community engagement, the state strives to safeguard vulnerable areas, minimize the impact of wildfires, and foster resilience in the face of increasing wildfire threats. As Colorado continues to innovate and adapt its wildfire management strategies, its efforts serve as a model for other regions grappling with the challenges posed by climate change and wildfire risks.

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Electric mining equipment enables zero-emission, diesel-free operations at Goldcorp's Borden mine, using Sandvik battery-electric drills and LHD trucks to cut ventilation costs, noise, and maintenance while improving underground air quality.

Key Points

Battery-powered mining equipment replaces diesel, cutting emissions and ventilation costs in underground operations.

✅ Cuts diesel use, heat load, and noise in underground headings.

✅ Reduces ventilation infrastructure and operating expense.

✅ Improves air quality, worker health, and equipment uptime.

Mining operations get a lot of flack for creating environmental problems around the world. Yet they provide much of the basic material that keeps the global economy humming. Some mining companies are drilling down in their efforts to clean up their acts, exploring solutions such as recovering mine heat for power to reduce environmental impact.

As the world’s fourth-largest gold mining company Goldcorp has received its share of criticism about the impact it has on the environment.

In 2016, the Canadian company decided to do something about it. It partnered with mining-equipment company Sandvik and began to convert one of its mines into an all-electric operation, a process that is expected to take until 2021.

The efforts to build an all-electric mine began with the Sandvik DD422iE in Goldcorp’s Borden mine in Ontario, Canada.

Goldcorp's Borden mine in Borden, Ontario, CanadaGoldcorp's Borden mine in Borden, Ontario, Canada

The machine weighs 60,000 pounds and runs non-stop on a giant cord. It has a 75-kwh sodium nickel chloride battery to buffer power demands, a crucial consideration as power-hungry Bitcoin facilities can trigger curtailments during heat waves, and to move the drill from one part of the mine to another.

This electric rock-chewing machine removes the need for the immense ventilation systems needed to clean the emissions that diesel engines normally spew beneath the surface in a conventional mining operation, though the overall footprint depends on electricity sources, as regions with Clean B.C. power imports illustrate in practice.

These electric devices improve air quality, dramatically reduce noise pollution, and remove costly maintenance of internal combustion engines, Goldcorp says.

More importantly, when these electric boring machines are used across the board, it will eliminate the negative health effects those diesel drills have on miners.

“It would be a challenge to go back,” says big drill operator Adam Ladouceur.

Mining with electric equipment also removes second- or third-highest expenditure in mining, the diesel fuel used to power the drills, said Goldcorp spokesman Pierre Noel, even as industries pursue dedicated energy deals like Bitcoin mining in Medicine Hat to manage power costs. (The biggest expense is the cost of labor.)

Electric load, haul, dump machine at Goldcorp Borden mine in OntarioElectric load, haul, dump machine at Goldcorp Borden mine in Ontario

Aside from initial cost, the electric Borden mine will save approximately $7 million ($9 million Canadian) annually just on diesel, propane and electricity.

Along with various sizes of electric drills and excavating tools, Goldcorp has started using electric powered LHD (load, haul, dump) trucks to crush and remove the ore it extracts, and Sandvik is working to increase the charging speed for battery packs in the 40-ton electric trucks which transport the ore out of the mines, while utilities add capacity with new BC generating stations coming online.

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SECCRA Waga Energy RNG Partnership captures landfill methane with WAGABOX, upgrades biogas to pipeline-quality RNG, enables grid injection, and lowers greenhouse gas emissions, delivering sustainable energy to Chester County homes and businesses.

Key Points

A joint project converting landfill methane to RNG with WAGABOX, cutting emissions and supplying local heat.

✅ WAGABOX captures and purifies landfill gas to RNG

✅ Grid injection supplies energy for 4,000+ homes

✅ Cuts methane and greenhouse gas emissions significantly

In a significant environmental initiative, the Southeastern Chester County Refuse Authority (SECCRA) has partnered with French energy company Waga Energy to convert methane emissions from its landfill into renewable natural gas (RNG). This collaboration aims to reduce greenhouse gas emissions and provide sustainable energy to the local community, echoing energy efficiency projects in Quebec seen elsewhere.

Understanding the Issue

Landfills are a substantial source of methane emissions, accounting for over 14% of human-induced methane emissions, according to the U.S. Environmental Protection Agency. Methane is a potent greenhouse gas, and issues like SF6 in power equipment further boost warming, trapping more heat in the atmosphere than carbon dioxide, making its reduction crucial in the fight against climate change.

The SECCRA-Waga Energy Partnership

SECCRA, serving approximately 105,000 residents in Chester County, processes between 450 to 500 tons of waste daily. To mitigate methane emissions from its landfill, SECCRA has partnered with Waga Energy to install a WAGABOX unit—a technology designed to capture and convert landfill methane into RNG, while related efforts like electrified LNG in B.C. illustrate sector-wide decarbonization.

How the WAGABOX Technology Works

The WAGABOX system utilizes a proprietary process to extract methane from landfill gas, purify it, and inject it into the natural gas grid. This process not only reduces harmful emissions, as emerging carbon dioxide electricity generation concepts also aim to do, but also produces a renewable energy source that can be used to heat homes and power businesses.

Environmental and Community Benefits

By converting methane into RNG, the project significantly lowers greenhouse gas emissions, supported by DOE funding for carbon capture initiatives, contributing to climate change mitigation. Additionally, the RNG produced is expected to supply energy to heat over 4,000 homes, providing a sustainable energy source for the local community.

Broader Implications

This initiative aligns with international clean energy cooperation to reduce methane emissions from landfills. Similar projects have been implemented worldwide, demonstrating the effectiveness of converting landfill methane into renewable energy. For instance, Waga Energy has successfully deployed WAGABOX units at various landfills, showcasing the scalability and impact of this technology.

The collaboration between SECCRA and Waga Energy represents a proactive step toward environmental sustainability and energy innovation. By transforming landfill methane into renewable natural gas, the project not only addresses a significant source of greenhouse gas emissions as new EPA power plant rules on carbon capture advance parallel strategies, but also provides a clean energy alternative for the Chester County community.

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TTC Winter E-Bike and E-Scooter Ban addresses lithium-ion battery safety, mitigating fire risk on Toronto public transit during cold weather across buses, subways, and streetcars, while balancing micro-mobility access, infrastructure gaps, and evolving regulations.

Key Points

A seasonal TTC policy limiting lithium-ion e-bikes and scooters on transit in winter to cut battery fire risk.

✅ Targets lithium-ion fire hazards in confined transit spaces

✅ Applies Nov-Mar across buses, subways, and streetcars

✅ Sparks debate on equity, accessibility, and policy alternatives

The Toronto Transit Commission (TTC) Board recently voted to implement a ban on lithium-ion-powered electric bikes (e-bikes) and electric scooters during the winter months, a decision that reflects growing safety concerns. This new policy has generated significant debate within the city, particularly regarding the role of these transportation modes in the lives of Torontonians, and the potential risks posed by the technology during cold weather.

A Growing Safety Concern

The move to ban lithium-ion-powered e-bikes and scooters from TTC services during the winter months stems from increasing safety concerns related to battery fires. Lithium-ion batteries, commonly used in e-bikes and scooters, are known to pose a fire risk, especially in colder temperatures, and as systems like Metro Vancouver's battery-electric buses expand, robust safety practices are paramount. In recent years, Toronto has experienced several high-profile incidents involving fires caused by these batteries. In some cases, these fires have occurred on TTC property, including on buses and subway cars, raising alarm among transit officials.

The TTC Board's decision was largely driven by the fear that the cold temperatures during winter months could make lithium-ion batteries more prone to malfunction, leading to potential fires. These batteries are particularly vulnerable to damage when exposed to low temperatures, which can cause them to overheat or fail during charging or use. Since public transit systems are densely populated and rely on close quarters, the risk of a battery fire in a confined space such as a bus or subway is considered too high.

The New Ban

The new rule, which is expected to take effect in the coming months, will prohibit e-bikes and scooters powered by lithium-ion batteries from being brought onto TTC vehicles, including buses, streetcars, and subway trains, even as the agency rolls out battery electric buses across its fleet, during the winter months. While the TTC had previously allowed passengers to bring these devices on board, it had issued warnings regarding their safety. The policy change reflects a more cautious approach to mitigating risk in light of growing concerns.

The winter months, typically from November to March, are when these batteries are at their most vulnerable. In addition to environmental factors, the challenges posed by winter weather—such as snow, ice, and the damp conditions—can exacerbate the potential for damage to these devices. The TTC Board hopes the new ban will prevent further incidents and keep transit riders safe.

Pushback and Debate

Not everyone agrees with the TTC Board's decision. Some residents and advocacy groups have expressed concern that this ban unfairly targets individuals who rely on e-bikes and scooters as an affordable and sustainable mode of transportation, while international examples like Paris's e-scooter vote illustrate how contentious rental devices can be elsewhere, adding fuel to the debate. E-bikes, in particular, have become a popular choice among commuters who want an eco-friendly alternative to driving, especially in a city like Toronto, where traffic congestion can be severe.

Advocates argue that instead of an outright ban, the TTC should invest in safer infrastructure, such as designated storage areas for e-bikes and scooters, or offer guidelines on how to safely store and transport these devices during winter, and, in assessing climate impacts, consider Canada's electricity mix alongside local safety measures. They also point out that other forms of electric transportation, such as electric wheelchairs and mobility scooters, are not subject to the same restrictions, raising questions about the fairness of the new policy.

In response to these concerns, the TTC has assured the public that it remains committed to finding alternative solutions that balance safety with accessibility. Transit officials have stated that they will continue to monitor the situation and consider adjustments to the policy if necessary.

Broader Implications for Transportation in Toronto

The TTC’s decision to ban lithium-ion-powered e-bikes and scooters is part of a broader conversation about the future of transportation in urban centers like Toronto. The rise of electric micro-mobility devices has been seen as a step toward reducing carbon emissions and addressing the city’s growing congestion issues, aligning with Canada's EV goals that push for widespread adoption. However, as more people turn to e-bikes and scooters for daily commuting, concerns about safety and infrastructure have become more pronounced.

The city of Toronto has yet to roll out comprehensive regulations for electric scooters and bikes, and this issue is further complicated by the ongoing push for sustainable urban mobility and pilots like driverless electric shuttles that test new models. While transit authorities grapple with safety risks, the public is increasingly looking for ways to integrate these devices into a broader, more holistic transportation system that prioritizes both convenience and safety.

The TTC’s decision to ban lithium-ion-powered e-bikes and scooters during the winter months is a necessary step to address growing safety concerns in Toronto's public transit system. Although the decision has been met with some resistance, it highlights the ongoing challenges in managing the growing use of electric transportation in urban environments, where initiatives like TTC's electric bus fleet offer lessons on scaling safely. With winter weather exacerbating the risks associated with lithium-ion batteries, the policy seeks to reduce the chances of fires and ensure the safety of all transit users. As the city moves forward, it will need to find ways to balance innovation with public safety to create a more sustainable and safe urban transportation network.

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Hydro-Québec $185-Billion Clean Energy Plan accelerates hydroelectric upgrades, wind power expansion, solar and battery storage, pumped storage, and 5,000 km transmission lines to decarbonize Quebec, boost grid resilience, and attract bond financing and Indigenous partnerships.

Key Points

Plan to grow renewables, harden the grid, and fund Quebec's decarbonization with major investments.

✅ $110B new generation, $50B grid resilience by 2035

✅ Triple wind, add solar, batteries, and pumped storage

✅ 5,000 km lines, bond financing, Indigenous partnerships

Hydro-Québec is in the preliminary stages of dialogue with various financiers and potential collaborators to strategize the implementation of a $185-billion initiative aimed at transitioning Quebec away from fossil fuel dependency.

As the leading hydroelectric power producer in Canada, Hydro-Québec is set to allocate up to $110 billion by 2035 towards the development of new clean energy facilities, building on its hydropower capacity expansion in recent years, with an additional $50 billion dedicated to enhancing the resilience of its power grid, as revealed in a strategy announced last November. The remainder of the projected expenditure will cover operational costs.

This ambitious initiative has garnered significant interest from the financial sector, with the province's recent electricity for industrial projects also drawing attention, as noted by CEO Michael Sabia during a conference call with journalists where the utility's annual financial outcomes were discussed. Sabia reported receiving various proposals to fund the initiative, though specific partners were not disclosed. He expressed confidence in securing the necessary capital for the project's success.

Sabia highlighted three immediate strategies to increase power output: identifying new sites for hydroelectric projects while upgrading turbines at existing facilities, such as the Carillon Generating Station upgrade now underway for enhanced efficiency, expanding wind energy production threefold, and promoting energy conservation among consumers to optimize current power usage.

Additionally, Hydro-Québec aims to augment its solar and battery energy production and is planning to establish a pumped-storage hydroelectric plant to support peak demand periods. The utility also intends to construct 5,000 kilometers of new transmission lines, address Quebec-to-U.S. transmission constraints where feasible, and is set to double its capital expenditure to $16 billion annually, a significant increase from the investment levels during the James Bay hydropower project construction in the 1970s and 1980s.

To fund part of this expansive plan, Hydro-Québec will continue to access the bond market, having issued $3.7 billion in notes to investors last year despite facing several operational hurdles due to adverse weather conditions.

For the year 2023, Hydro-Québec reported a net income of $3.3 billion, marking a 28% decrease from the previous year's record of $4.56 billion. Factors such as insufficient snow cover, reduced spring runoff, and higher temperatures resulted in lower water levels in reservoirs, leading to a reduction in power exports and a $547-million decrease in external market sales compared to the previous year.

The utility experienced its lowest export volume in a decade but managed to leverage hedging strategies to secure 10.3 cents per kWh for exported power to markets including New Brunswick via recent NB Power agreements that expand interprovincial deliveries, nearly twice the average market rate, through forward contracts that cover up to half of its export volume for about a year in advance.

The success of Sabia's plan will partly depend on the cooperation of First Nations communities, as the proposed infrastructure developments are likely to traverse their ancestral territories. Relationships with some communities are currently tense, exemplified by the Innu of Labrador's $4-billion lawsuit against Hydro-Québec for damages related to land flooding for reservoir construction, and broader regional tensions in Newfoundland and Labrador that persist in the power sector.

Sabia has committed to involving First Nations and Inuit communities as partners in clean energy ventures, offering them ongoing financial benefits rather than one-off settlements, a principle he refers to as "economic reconciliation."

Recently, the Quebec government reached an agreement with the Innu of Pessamit, pledging $45 million to support local community development. This agreement outlines solutions for managing a nearby hydropower reservoir, such as the La Romaine complex in the region, and includes commitments for wind energy development.

Sabia is optimistic about building stronger, more positive relationships with various Indigenous communities, anticipating significant progress in the coming months and viewing this year as a potential milestone in transforming these relationships for the better.

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