Solar energy takes road to profitability

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If you've ever blistered your bare feet on a hot road you know how asphalt absorbs the sun's rays. Now, a Dutch company is siphoning the heat from roads and parking lots to heat homes and offices.

As climate change rises on the international agenda, the system built by the civil engineering firm Ooms Avenhorn Holding BV doesn't look as wacky as it might have 10 years ago when it was first conceived.

Solar energy collected from a 200-yard stretch of road and a small parking lot helps heat a 70-unit four-story apartment building in the northern village of Avenhorn.

An industrial park of some 160,000 square feet in the nearby city of Hoorn is kept warm in winter with the help of heat stored during the summer from 36,000 square feet of pavement. The runways of a Dutch air force base in the south supply heat for its hangar.

And all that under normally cloudy Dutch skies, with only a few days a year of truly sweltering temperatures.

The Road Energy System is one of the more unusual ways scientists and engineers are trying to harness the power of the sun, the single most plentiful, reliable, accessible and inexhaustible source of renewable energy - radiating to earth more watts in one hour than the world can use in a whole year.

But today, solar power provides just 0.04 percent of global energy, held back by high production costs and low efficiency rates.

Solar advocates say that will change within a few years.

Other renewable sources have drawbacks: Not every place is breezy enough for wind turbines; waves and tides are good only for coastal regions; hydroelectricity requires rivers and increasingly objectionable dams; biofuels take up land needed for food crops.

"But solar falls everywhere," says Patrick Mazza, of Climate Solutions, a consultancy group in Seattle.

Compared with other energy sources, "solar comes out as the one with the real heavy lift. It's the one we really need to get at," he said.

Ooms' thermal energy system is too expensive and inefficient to solve the world's energy problems. In fact, it was actually a spinoff of a method to reduce road maintenance.

A latticework of flexible plastic pipes, held in place by a plastic grid, is covered over by asphalt, which magnifies the sun's thermal power.

As cool water in the pipes is heated, it is pumped deep under the ground to natural aquifers where it maintains a fairly constant temperature of about 68 degrees Fahrenheit. The heated water can be retrieved months later to keep the road surface ice-free in winter.

The same system pumps cold water from a separate subterranean reservoir to cool buildings on hot days.

Though it doubles the cost of construction, the system's first benefits are a longer life for roads and bridges, fewer ice-induced accidents and less need to repave worn surfaces.

"We found we were gathering more energy in summer than we needed, so we asked a building contractor what we can do with the extra energy," said Lex Van Zaane, the commercial manager. The answer was to construct buildings near the tarmac and pipe hot water under the floor.

The water usually isn't hot enough on its own, and must go through an electricity-powered heat pump for an extra boost, Van Zaane said.

The installation cost is about twice as much as normal gas heating, but the energy required is about half of what would otherwise be needed. That translates into lower monthly heating bills and a 50 percent savings in carbon emissions.

Rooftop solar water heaters have been standard in some countries for decades. In 1954, Bell Labs created the first photovoltaic cells, which use sunlight to create electric current.

But it is only in the past decade that researchers have started raising the efficiency of photovoltaic cells to economically generate electricity. New technologies aim to make them commercially competitive without subsidies from taxpayers.

Experimental technologies involve new methods to concentrate the sun's energy by using mirrors or lenses, or devices that track the sun's path across the sky.

New materials are being developed to make better cells. And scientists are working with electrochemical cells using a liquid rather than a solid component to absorb light.

"The prospect of relying on the sun for all our power demands is finally becoming realistic," a report in New Scientist said.

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Ontario Launches Largest Competitive Energy Procurement in Province’s History

Ontario Competitive Energy Procurement accelerates renewables, boosts grid reliability, and invites competitive bids across solar, wind, natural gas, and storage, driving innovation, lower costs, and decarbonization to meet rising electricity demand and ensure power supply.

 

Key Points

Ontario Competitive Energy Procurement is a competitive bidding program to deliver reliable, low-carbon electricity.

✅ Competitive bids from renewables, gas, and storage

✅ Targets grid reliability, affordability, and emissions

✅ Phased evaluations: technical, financial, environmental

 

Ontario has recently marked a significant milestone in its energy sector with the launch of what is being touted as the largest competitive energy procurement process in the province’s history. This ambitious initiative is set to transform the province’s energy landscape through a broader market overhaul that fosters innovation, enhances reliability, and addresses the growing demands of Ontario’s diverse population.

A New Era of Energy Procurement

The Ontario government’s move to initiate this massive competitive procurement process underscores a strategic shift towards modernizing and diversifying the province’s energy portfolio. This procurement exercise will invite bids from a broad spectrum of energy suppliers and technologies, ranging from traditional sources like natural gas to renewable energy options such as solar and wind power. The aim is to secure a reliable and cost-effective energy supply that aligns with Ontario’s long-term environmental and economic goals.

This historic procurement process represents a major leap from previous approaches by emphasizing a competitive marketplace where various energy providers can compete on an equal footing through electricity auctions and transparent bidding. By doing so, the government hopes to drive down costs, encourage technological advancements, and ensure that Ontarians benefit from a more dynamic and resilient energy system.

Key Objectives and Benefits

The primary objectives of this procurement initiative are multifaceted. First and foremost, it seeks to enhance the reliability of Ontario’s electricity grid. As the province experiences population growth and increased energy demands, maintaining a stable and dependable supply of electricity is crucial, and interprovincial imports through an electricity deal with Quebec can complement local generation. This procurement process will help identify and integrate new sources of power that can meet these demands effectively.

Another significant goal is to promote environmental sustainability. Ontario has committed to reducing its greenhouse gas emissions through Clean Electricity Regulations and transitioning to a cleaner energy mix. By inviting bids from renewable energy sources and innovative technologies, the government aims to support its climate action plan and contribute to the province’s carbon reduction targets.

Cost-effectiveness is also a central focus of the procurement process. By creating a competitive environment, the government anticipates that energy providers will strive to offer more attractive pricing structures and fair electricity cost allocation practices for ratepayers. This, in turn, could lead to lower energy costs for consumers and businesses, fostering economic growth and improving affordability.

The Competitive Landscape

The competitive energy procurement process will be structured to encourage participation from a wide range of energy providers. This includes not only established companies but also emerging players and startups with innovative technologies. By fostering a diverse pool of bidders, the government aims to ensure that all viable options are considered, ultimately leading to a more robust and adaptable energy system.

Additionally, the process will likely involve various stages of evaluation, including technical assessments, financial analyses, and environmental impact reviews. This thorough evaluation will help ensure that selected projects meet the highest standards of performance and sustainability.

Implications for Stakeholders

The implications of this procurement process extend beyond just energy providers and consumers. Local communities, businesses, and environmental organizations will all play a role in shaping the outcomes. For communities, this initiative could mean new job opportunities and economic development, particularly in regions where new energy projects are developed. For businesses, the potential for lower energy costs and access to innovative energy solutions, including demand-response initiatives like the Peak Perks program, could drive growth and competitiveness.

Environmental organizations will be keenly watching the process to ensure that it aligns with broader sustainability goals. The inclusion of renewable energy sources and advanced technologies will be a critical factor in evaluating the success of the initiative in meeting Ontario’s climate objectives.

Looking Ahead

As Ontario embarks on this unprecedented energy procurement journey, the outcomes will be closely watched by various stakeholders. The success of this initiative will depend on the quality and diversity of the bids received, the efficiency of the evaluation process, and the ability to integrate new energy sources into the existing grid, while advancing energy independence where feasible.

In conclusion, Ontario’s launch of the largest competitive energy procurement process in its history is a landmark event that holds promise for a more reliable, sustainable, and cost-effective energy future. By embracing competition and innovation, the province is setting a new standard for energy procurement that could serve as a model for other regions seeking to modernize their energy systems. The coming months will be crucial in determining how this bold initiative will shape Ontario’s energy landscape for years to come.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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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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Zapping elderly brains with electricity improves short-term memory — for almost an hour

Transcranial electrical stimulation synchronizes brain waves to bolster working memory, aligning neural oscillations across the prefrontal and temporal cortex. This noninvasive brain stimulation may counter cognitive aging by restoring network coupling and improving short-term recall.

 

Key Points

Transcranial electrical stimulation applies scalp currents to synchronize brain waves, briefly enhancing working memory.

✅ Synchronizes prefrontal-temporal networks to restore coupling

✅ Noninvasive tES/tACS protocols show rapid, reversible gains

✅ Effects lasted under an hour; durability remains to be tested

 

To read this sentence, you hold the words in your mind for a few seconds until you reach the period. As you do, neurons in your brain fire in coordinated bursts, generating electrical waves that let you hold information for as long as it is needed, much as novel devices can generate electricity from falling snow under specific conditions. But as we age, these brain waves start to get out of sync, causing short-term memory to falter. A new study finds that jolting specific brain areas with a periodic burst of electricity might reverse the deficit—temporarily, at least.

The work makes “a strong case” for the idea that out-of-sync brain waves in specific regions can drive cognitive aging, says Vincent Clark, a neuroscientist at the University of New Mexico in Albuquerque, who was not involved in the research. He adds that the brain stimulation approach in the study may result in a new electrical therapy for age-related deficits in working memory.

Working memory is “the sketchpad of the mind,” allowing us to hold information in our minds over a period of seconds. This short-term memory is critical to accomplishing everyday tasks such as planning and counting, says Robert Reinhart, a neuroscientist at Boston University who led the study. Scientists think that when we use this type of memory, millions of neurons in different brain areas communicate through coupled bursts of activity, a form of electrical conduction that coordinates timing across networks. “Cells that fire together, wire together,” Reinhart says.

But despite its critical role, working memory is a fragile cognitive resource that declines with age, Reinhart says. Previous studies had suggested that reduced working-memory performance in the elderly is linked to uncoupled activity in different brain areas. So Reinhart and his team set out to test whether recoupling brain waves in older adults could boost the brain’s ability to temporarily store information, a systems-level coordination challenge akin to efforts to use AI for energy savings on modern power grids.

To do so, the researchers used jolts of weak electrical current to synchronize waves in the prefrontal and temporal cortex—two brain areas critical for cognition, a targeted approach not unlike how grids use batteries to stabilize power during strain—and applied the current to the scalps of 42 healthy people in their 60s and 70s who showed no signs of decline in mental ability. Before their brains were zapped, participants looked at a series of images: an everyday object, followed briefly by a blank screen, and then either an identical or a modified version of the same object. The goal was to spot whether the two images were different.

Then the participants took the test again, while their brains were stimulated with a current. After about 25 minutes of applying electricity, participants were on average more accurate at identifying changes in the images than they were before the stimulation. Following stimulation, their performance in the test was indistinguishable from that of a group of 42 people in their 20s. And the waves in the prefrontal and temporal cortex, which had previously been out of sync in most of the participants, started to fire in sync, the researchers report today in Nature Neuroscience, a synchronization imperative reminiscent of safeguards that prevent power blackouts on threatened grids. No such effects occurred in a second group of older people who received jolts of current that didn’t synchronize waves in the prefrontal and temporal cortex.

By using bursts of current to knock brain waves out of sync, the researchers also modulated the brain chatter in healthy people in their 20s, making them slower and less accurate at spotting differences in the image test.

“This is a very nice and clear demonstration of how functional connections underlie memory in younger adults and how alterations … can lead to memory reductions in older adults,” says Cheryl Grady, a cognitive neuroscientist at the Rotman Research Institute at Baycrest in Toronto, Canada. It’s also the first time that transcranial stimulation has been shown to restore working memory in older people, says Michael O’Sullivan, a neuroscientist at the University of Queensland in Brisbane, Australia, though electricity in medicine extends far beyond neurostimulation.

But whether brain zapping could turbocharge the cognitive abilities of seniors or help improve the memories of people with diseases like Alzheimer’s is still unclear: In the study, the positive effects on working memory lasted for just under an hour—though Reinhart says that’s as far as they recorded in the experiment. The team didn’t see the improvements decline toward the end, so he suspects that the cognitive boost may last for longer. Still, researchers say much more work has to be done to better understand how the stimulation works.

Clark is optimistic. “No pill yet developed can produce these sorts of effects safely and reliably,” he says. “Helping people is the ultimate goal of all of our research, and it’s encouraging to see that progress is being made.”

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

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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Canada expected to miss its 2035 clean electricity goals

Canada 2035 Clean Electricity Target faces a 48.4GW shortfall as renewable capacity lags; accelerating wind, solar PV, grid upgrades, and coherent federal-provincial policy is vital to reach zero-emissions power and strengthen transmission and distribution.

 

Key Points

Canada's plan to supply nearly 100% of electricity from zero-emitting sources by 2035, requiring renewable buildout.

✅ Average adds 2.6GW; shortfall totals 48.4GW by 2035

✅ Expand wind, solar PV, storage, and grid modernization

✅ Align federal-province policy; retire or convert thermal plants

 

GlobalData’s latest report, ‘Canada Power Market Size and Trends by Installed Capacity, Generation, Transmission, Distribution and Technology, Regulations, Key Players and Forecast, 2022-2035’, discusses the power market structure of Canada and, amid looming power challenges, provides historical and forecast numbers for capacity, generation and consumption up to 2035. Detailed analysis of the country’s power market regulatory structure, competitive landscape and a list of major power plants are provided. The report also gives a snapshot of the power sector in the country on broad parameters of macroeconomics, supply security, generation infrastructure, transmission and distribution infrastructure, electricity import and export scenario, degree of competition, regulatory scenario, and future potential. An analysis of the deals in the country’s power sector is also included in the report.

Canada is expected to fall short of its 2035 clean electricity target after reviewing the country’s current renewable capacity activity. The country has targeted to produce nearly 100% of its electricity from zero-emitting sources by 2035, while electricity associations' net-zero goals extend to 2050; however, the country is adding only 2.6GW of annual renewable capacity additions on average every year, which would mean a cumulative shortfall of 48.4GW.

Canada has good governmental support, but it is not doing enough to ensure its targets are met. If the country is to meet its target to produce nearly 100% of electricity from zero-emitting sources by 2035, the country should both increase the capacity and efficiency of renewable power plants, as well as provide comprehensive end-to-end policies at both the federal and provincial levels, as debates over whether Ontario is embracing clean power continue across provinces. It should also involve communities and businesses in raising awareness of the benefits of adopting renewable energy.

The country has a large amount of proven natural gas and oil reserves that are proving too tempting an opportunity, and the Canadian Government is planning to increase the capacity of its gas-based plants under net-zero regulations permit some gas in the power mix, to secure real-time demand and supply. However, the country’s dependency on gas-based plants creates a major challenge to achieve its 2035 clean electricity target.

If the Canadian Government is to meet its 2035 targets, it should draw on examples from its European counterparts and add renewable capacity at a rapid pace, while balancing demand and emissions in key provinces. One advantage for Canada here is that it does not have land constraints, which is common in other major renewable power-generating countries. This could give the country an estimated 6.1GW of renewable capacity every year on average during the 2021-2035 period: enough capacity to meet its target. Most of these installations are expected to be for wind and solar PV.

Changing provincial governments are not helpful when it comes to implementing long-term projects, especially as Ontario faces looming electricity shortfalls that heighten planning risks, and continued stopping and starting of projects like this will only be damaging to renewable goals. Another way the country can achieve its target is by converting thermal power plants into clean energy plants and providing a roadmap or timeline for provinces to retire thermal power plants completely, even as scrapping coal can be costly for some systems.

Canada’s GDP (at constant prices) increased from $1,617.3bn in 2010 to $1,924.5bn in 2021, at a CAGR of 1.6%. The GDP (at constant prices) of the country declined sharply from $1,943.8bn in 2019 to $1,840.5bn in 2020 because of Covid-19 pandemic. After the recommencement of regular industrial and trade activities, the GDP grew by 4.6% in 2021 from 2020. The GDP is expected to cross pre-pandemic levels by the end of 2022.

 

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