Rural residents worry about impact of turbines

By Santa Fe New Mexican


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Petite, gray-haired Sally Maestas remembers a time when this tiny rural village 50 miles east of Santa Fe along Interstate 25 didn't have electricity. "We used kerosene lanterns when I was growing up," said Maestas, 79.

She witnessed the coming of electric lines powered by coal. Now, on the mesa overlooking Bernal, a Chicago-based company wants to put up dozens of wind turbines, each more than 30 stories high from base to blade tip. The power will be shipped six miles away to a power line supplying cities across the West.

"The energy could be OK," Maestas said, "but I guess it's not (coming) here."

More turbines are in windy New Mexico's future, making many renewable energy advocates cheer. They note wind energy is far cleaner and almost as cheap as electricity from coal-fired power plants. Wind energy companies tout the revenue and jobs generated for cash-strapped rural counties.

But a battle is brewing over where wind energy facilities should be built in New Mexico, and the first battleground is in rural villages.

Retired plasterer Keely Meagan lives a few miles from Maestas on top of the mesa. If the wind turbines are placed there, she'll be able to see most of them from the solar-powered home she built. It's not their towering size that worries Meagan so much as the potential for other negative impacts if the turbines aren't sited properly. She's concerned New Mexico is joining a nationwide rush into wind energy without making sure communities are protected and without questioning whether large-scale wind farms are the best option for the future.

Until 1999, the only wind turbines in New Mexico were windmills pumping up water on isolated ranches. Now there are four major wind farms — located in the southeastern part of the state — with the capacity to power thousands of homes when the wind blows.

"Wind power is a clean, inexhaustible domestic resource," said Michael McDiarmid, wind program manager for the New Mexico Energy Minerals and Natural Resources Department. "I think it's important for our energy future to have more wind energy."

Wind energy's rise in the nation has been meteoric, though it is still a tiny slice of the nation's overall energy supply. Last year, more than a third of the new power added to the electric grid was from wind energy, according to the American Wind Energy Association. Currently, about 5 million U.S. homes are powered in part by wind.

The Coalition for Clean Affordable Energy says wind is one of the cheapest renewable energy sources currently available and the "most likely candidate at present for large, green-power programs in New Mexico."

Besides the wind farm proposed by Chicago-based Invenergy in San Miguel County, one is proposed for the broad sage plateau west of Taos. Other wind energy facilities are planned on more than 530,000 acres of state trust lands and on private land in southeastern New Mexico.

The state ranks 12th in the U.S. in potential wind energy capacity, with 49,700 megawatts possible. Under state regulations, utility companies in New Mexico must produce 20 percent of total energy needs from renewable resources by 2020, at least 20 percent of it from wind.

Wind power may be clean, but a big factor attracting major energy companies and investors is the chance to make a profit. Tax incentives and the increasingly competitive wholesale price of wind compared to coal or natural gas makes wind facilities worth building, McDiarmid said.

All that revenue might be nice for companies, but electricity-rate payers in low-income communities such as Bernal and villages in El Valle on the mesa's west side wonder what's in it for them when a wind power company such as Invenergy comes knocking at the door. "This feels like a big company coming into a small community to make money. We get all of the ramifications and none of the benefits," said Gloria Gonzales, a community organizer who lives at the base of the mesa near Ribera.

A giant wind turbine turns gracefully on Argonne Mesa, southwest of Santa Rosa in Guadalupe County, creating a steady swoosh as each of its three blades pass the tower. A row of turbines stretches along the mesa top for miles, glowing white in the sun.

In the wind farm's operations facility at the base of the mesa, maintenance technician Russ Sanford said he likes his job. "There are great opportunities, good pay, and it's steady work," he said.

And it lets him stay in Santa Rosa, where he's lived most of his life.

Sanford, a former electrician, trained through Mitsubishi to work at the Argonne Mesa facility. Most of the eight other men he works with are from nearby towns.

The lure of good paying jobs for local people in job-short rural towns is an attraction that wind energy companies promote.

Cash for county coffers is another.

Andy Madrid, Guadalupe County's manager, said the county will receive $4.3 million over a 30-year period from the Argonne Mesa Wind Facility's first phase, while the local school district will make another $1.9 million in that time. A new phase now under construction will mean more revenue.

Madrid said Santa Rosa doubled its gross-receipts-tax revenue in a year and a half during the wind facility's construction. The money was used to upgrade buildings and leverage matching funds for new buildings. "It has a very big impact," Madrid said.

In San Miguel County, Oliver Perea, president of the San Miguel del Bado Land Grant Association, whose members own land around El Valle, said if the Invenergy wind project really benefited the residents, he wouldn't oppose it. "But right now, there are more cons than pros," he said.

Debates are raging within environmental circles about what is really "green" energy. Those who point out potential problems with wind power facilities are slammed as NIMBYs (people who say Not In My Back Yard). "We are in the position where the 'burden of proof' is upon us in an area and time when everyone who uses the word green (and wind) is good," said Pamela Rosenburg, a resident of an off-grid community in Taos County that opposes a proposed nearby wind energy farm.

Meagan, the plasterer, once visited a wind farm in Kansas and found it graceful and quiet. "I'm such a supporter of renewable energy that I never thought there could be anything wrong with it," she said.

But when a slender tower to measure wind speed was installed near her property two years ago and she found out about the Invenergy project, she and other neighbors in the valley began researching large-scale wind farms. What they found out disturbed them: Noise, flashing lights at night, impacts on wildlife and dramatically changed landscapes are all issues other people living near wind farms have dealt with, and scientists are trying to evaluate.

The wind energy industry says many of those concerns date to older wind technology and new turbines create few problems. Mark Jacobson, Invenergy's business development director, said the company has faced opposition over the same issues in many places where the company proposed wind farms, but in general, residents grew to see the benefits.

Jim Cummings, founder of the Santa Fe-based Acoustic Ecology Institute, said wind proponents "slip into WARYDU (We Are Right; You Don't Understand) rhetoric. If we are to forge a reliable energy future that is respectful of both the environment and the rights of neighbors, we'll need to move past knee-jerk reactions on both sides," he said.

In a 2006 report on the benefits of wind to rural communities, Invenergy said three things are needed for siting wind turbines: willing landowners, a steady wind at 264 feet above ground and an available transmission line.

What's not required in New Mexico is approval from any state agency if the project is on private land — meaning little oversight of wind farms takes place.

The state's Public Regulation Commission only gets involved if a wind farm is larger than 300 megawatts, and to date, none have been that large. On state trust land, the State Land Office makes prospective wind farm companies go through an application process and meet county ordinances.

In New Mexico and most states, it's up to the counties, and few have ordinances geared specifically to wind farms. San Miguel County approved a wind farm ordinance in 2003, probably the state's first. Invenergy's project is the test case. "This one could be a template," said the county's planning director, Alex Tafoya. "Or we might find out it isn't worth a darn."

Hugh Ley, a former San Miguel County commissioner, said it is critical for counties to have specific ordinances for wind energy facilities. "Otherwise they will be making arbitrary and capricious decisions based on which way the wind is blowing," he said.

Last year, the National Academies, an interdisciplinary group of scientists who advise the federal government, examined wind farm impacts in the mid-Atlantic states and concluded that governments need better guidelines for evaluating wind projects and advising developers.

Agencies and counties are trying to catch up.

The New Mexico Department of Game and Fish and the U.S. Fish and Wildlife Service are both revising their recommendations for wind turbine placement based on new information about the impacts on wildlife.

Torrance County recently adopted a wind ordinance, and Union County has one in the works. But most counties handle applications for wind farms under existing land-use ordinances.

Without a more critical look at placement, some worry about what will be lost.

"Renewable energy is not free energy," said Bill Dolson, a pilot, computer engineer and landscape artist in El Valle. "All energy has a cost. In the case of wind energy, that cost is the destruction of the rural landscape on a national level if measures are not put into place to regulate the placement of wind facilities."

Residents of communities in El Valle think a wider conversation about wind energy is needed around the state.

They formed a group and last week hosted a well-attended meeting in Santa Fe to discuss wind energy. They've met with Gov. Bill Richardson and House Speaker Ben Luján, with the help of actor and neighbor Val Kilmer, to talk about the need for better wind-energy regulations.

Some renewable energy advocates say as the state and the nation consider new energy sources, it is a prime time to rethink the entire energy grid. Simply building large-scale wind power systems located far from customers to replace equally remote coal-fired power plants might not be the answer.

"I am not anti-wind, but I have questions about big towers and the industrial wind farm approach," Meagan said. "It is important to do this carefully, thoughtfully and do it right the first time. We may not have a second chance."

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Ontario introduces new fixed COVID-19 hydro rate

Ontario Electricity COVID-19 Recovery Rate sets a fixed price of 12.8 cents/kWh, replacing time-of-use billing and aligning costs across off-peak, mid-peak, and on-peak periods per Ontario Energy Board guidance through Oct. 31.

 

Key Points

A flat 12.8 cents/kWh electricity price in Ontario that temporarily replaces time-of-use rates from June 1 to Oct. 31.

✅ Fixed 12.8 cents/kWh, all hours, June 1 to Oct. 31

✅ Higher than off-peak 10.1, lower than mid/on-peak

✅ Based on Ontario Energy Board average cost

 

Ontario residents will now have to pay a fixed electricity price that is higher than the off-peak hydro rate many in the province have been allowed to pay so far due to the pandemic. 

The announcement, which was made in a news release on Saturday, comes after the Ontario government suspended the normal “time-of-use” billing system on March 24 and as electricity rates are about to change across Ontario. 

The government moved all customers onto the lowest winter rate in response to the pandemic as emergency measures meant more people would be at home during the middle of the day when electricity costs are the highest. 

Now, the government has introduced a new “COVID-19 recovery rate” of 12.8 cents per kilowatt hour at all times of the day. The fixed price will be in place from June 1 to Oct. 31. 

The fixed price is higher than the winter off-peak price, which stood at 10.1 per kilowatt hour. However, it is lower than the mid-peak rate of 14.4 per kilowatt hour and the high-peak rate of 20.8 per kilowatt hour, even though typical bills may rise as fixed pricing ends for many households. 

“Since March 24, 2020, we have invested just over $175 million to deliver emergency rate relief to residential, farm and small business electricity consumers by suspending time-of-use electricity pricing,” Greg Rickford, the minister of energy, northern development and mines, said in a news release. 

“This investment was made to protect the people of Ontario from a marked increase in electricity rates as they did their part by staying home to prevent the further spread of the virus.”

Rickford said that the COVID-19 recovery rate is based on the average cost of electricity set by the Ontario Energy Board. 

“This fixed rate will continue to suspend time-of-use prices in a fiscally responsible manner,” he said. "Consumers will have greater flexibility to use electricity when they need it without paying on-peak and mid-peak prices, and some may benefit from ultra-low electricity rates under new time-of-use options."

 

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Uzbekistan Looks To Export Electricity To Afghanistan

Surkhan-Pul-e-Khumri Power Line links Uzbekistan and Afghanistan via a 260-kilometer transmission line, boosting electricity exports, grid reliability, and regional trade; ADB-backed financing could open Pakistan's energy market with 24 million kWh daily.

 

Key Points

A 260-km line to expand Uzbekistan power exports to Afghanistan, ADB-funded, with possible future links to Pakistan.

✅ 260 km Surkhan-Pul-e-Khumri transmission link

✅ +70% electricity exports; up to 24M kWh daily

✅ ADB $70M co-financing; $32M from Uzbekistan

 

Senior officials with Uzbekistan’s state-run power company have said work has begun on building power cables to Afghanistan that will enable them to increase exports by 70 per cent, echoing regional trends like Ukraine resuming electricity exports after grid repairs.

Uzbekenergo chief executive Ulugbek Mustafayev said in a press conference on March 24 that construction of the Afghan section of the 260-kilometer Surkhan-Pul-e-Khumri line will start in June.

The Asian Development Bank has pledged $70 million toward the final expected $150 million bill of the project. Another $32 million will come from Uzbekistan.

Mustafayev said the transmission line would give Uzbekistan the option of exporting up to 24 million kilowatt hours to Afghanistan daily, similar to Ukraine's electricity export resumption amid shifting regional demand.

“We could potentially even reach Pakistan’s energy market,” he said, noting broader regional ambitions like Iran's bid to be a power hub linking regional grids.

#google#

This project was given fresh impetus by Afghan President Ashraf Ghani’s visit to Tashkent in December, mirroring cross-border energy cooperation such as Iran-Iraq energy talks in the region. His Uzbek counterpart, Shavkat Mirziyoyev, had announced at the time that work was set to begin imminently on the line, which will run from the village of Surkhan in Uzbekistan’s Surkhandarya region to Pul-e-Khumri, a town in Afghanistan just south of Kunduz.

In January, Mirziyoyev issued a decree ordering that the rate for electricity deliveries to Afghanistan be dropped from $0.076 to $0.05 per kilowatt.

Mustafayev said up to 6 billion kilowatt hours of electricity could eventually be sent through the power lines. More than 60 billion kilowatt hours of electricity was produced in Uzbekistan in 2017.

According to Tulabai Kurbonov, an Uzbek journalist specializing in energy issues, the power line will enable the electrification of the the Hairatan-Mazar-i-Sharif railroad joining the two countries. Trains currently run on diesel. Switching over to electricity will help reduce the cost of transporting cargo.

There is some unhappiness, however, over the fact that Uzbekistan plans to sell power to Afghanistan when it suffers from significant shortages domestically and wider Central Asia electricity shortages persist.

"In the villages of the Ferghana Valley, especially in winter, people are suffering from a shortage of electricity,” said Munavvar Ibragimova, a reporter based in the Ferghana Valley. “You should not be selling electricity abroad before you can provide for your own population. What we clearly see here is the favoring of the state’s interests over those of the people.”

 

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Berlin Geothermal Plant in El Salvador Set to Launch This Year

El Salvador Geothermal Expansion boosts renewable energy with a 7 MW Berlin binary ORC plant, upgrades at Ahuachapan, and pipeline projects, strengthening clean power capacity, grid reliability, and sustainable growth in Central America.

 

Key Points

A national push adding binary-cycle capacity at Berlin and Ahuachapan, boosting geothermal supply and advancing sites.

✅ 7 MW Berlin binary ORC plant entering service.

✅ Ahuachapan upgrade adds 2 MW, total geothermal 204 MW.

✅ Next: Chinameca, San Miguel, San Vicente, World Bank backed.

 

El Salvador is set to expand its renewable energy capacity with the inauguration of the 7-MW Berlin binary geothermal power plant, slated to go online later this year. This new addition marks a significant milestone in the country’s geothermal energy development, highlighting its commitment to sustainable energy solutions. The plant, which has already been installed and is currently undergoing testing, is expected to boost the nation’s geothermal capacity, contributing to its growing renewable energy portfolio.

The Role of Geothermal Energy in El Salvador’s Energy Mix

Geothermal energy plays a pivotal role in El Salvador's energy landscape. With the combined output from the Ahuachapan and Berlin geothermal plants, geothermal energy now accounts for about 21% of the country's net electricity supply. This makes geothermal the second-largest source of energy generation in El Salvador, underscoring its importance as a reliable and sustainable energy resource alongside emerging options like advanced nuclear microreactor technologies in the broader low-carbon mix.

In addition to the Berlin plant, El Salvador has made significant improvements to its Ahuachapan geothermal power plant. Recent upgrades have increased its generation capacity by 2 MW, further enhancing the country’s geothermal energy output. Together, the Ahuachapan and Berlin plants bring the total installed geothermal capacity to 204 MW, positioning El Salvador as a regional leader in geothermal energy development.

The Berlin Binary Geothermal Plant: A Technological Milestone

The Berlin binary geothermal power plant is especially noteworthy for several reasons. It is the first geothermal power plant to be constructed in El Salvador since 2007, marking a significant step in the country's ongoing efforts to expand its renewable energy infrastructure while reinforcing attention to risk management in light of Hawaii geothermal safety concerns reported elsewhere. The plant utilizes a binary cycle geothermal system, which is known for its efficiency in extracting energy from lower temperature geothermal resources, making it an ideal solution for regions like Berlin, where geothermal resources are abundant but at lower temperatures.

The plant was built by Turboden, an Italian company specializing in organic Rankine cycle (ORC) technology. The binary cycle system operates by transferring heat from the geothermal fluid to a secondary fluid, which then drives a turbine to generate electricity. This system allows for the efficient use of geothermal resources that might otherwise be too low in temperature for traditional geothermal plants, enabling pairing with thermal storage demonstration solutions to optimize output.

Future Geothermal Developments in El Salvador

El Salvador is not stopping with the Berlin geothermal plant. The country is actively working on other geothermal projects, including those in Chinameca, San Miguel, and San Vicente. These developments are expected to add 50 MW of additional capacity in their first phase, reflecting a broader shift as countries pursue hydrogen-ready power plants to reduce emissions, with a second phase, supported by the World Bank, planned to add another 100 MW.

The Chinameca, San Miguel, and San Vicente projects represent the next wave of geothermal development in El Salvador. When completed, these plants will significantly increase the country’s geothermal capacity, further diversifying its energy mix and reducing reliance on fossil fuels, and will require ongoing grid upgrades, a task complicated elsewhere by Germany grid expansion challenges highlighted in Europe.

International Support and Collaboration

El Salvador’s geothermal development efforts are supported by various international partners, including the World Bank, which has been instrumental in financing the expansion of geothermal projects, as utilities such as SaskPower geothermal plans in Canada explore comparable pathways. This collaboration highlights the global recognition of El Salvador’s potential in geothermal energy and its efforts to position itself as a hub for geothermal energy development in Central America.

Additionally, the country’s expertise in geothermal energy, especially in binary cycle technology, has attracted international attention. El Salvador’s progress in the geothermal sector could serve as a model for other countries in the region that are looking to harness their geothermal resources to reduce energy costs and promote sustainable energy development.

The upcoming launch of the Berlin binary geothermal power plant is a testament to El Salvador’s commitment to sustainable energy. As the country continues to expand its geothermal capacity, it is positioning itself as a leader in renewable energy in the region. The binary cycle technology employed at the Berlin plant not only enhances energy efficiency but also demonstrates El Salvador’s ability to adapt and innovate within the renewable energy sector.

With the continued development of projects in Chinameca, San Miguel, and San Vicente, and ongoing international collaboration, El Salvador’s geothermal energy sector is set to play a crucial role in the country’s energy future. As global demand for clean energy grows, exemplified by U.S. solar capacity additions this year, El Salvador’s investments in geothermal energy are helping to build a more sustainable, resilient, and energy-independent future.

 

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Construction starts on disputed $1B electricity corridor

New England Clean Energy Connect advances despite court delays, installing steel poles on a Maine corridor for Canadian hydropower, while legal challenges seek environmental review; permits, jobs, and grid upgrades drive the renewable transmission project.

 

Key Points

An HV line in Maine delivering 1,200 MW of Canadian hydropower to New England to cut emissions and stabilize costs.

✅ Appeals court pauses 53-mile new section; upgrades continue

✅ 1,200 MW hydropower aims to cut emissions, stabilize rates

✅ Permits issued; environmental review litigation ongoing

 

Construction on part of a $1 billion electricity transmission corridor through sparsely populated woods in western Maine is on hold because of legal action, echoing Clean Line's Iowa withdrawal amid court uncertainty, but that doesn't mean all building has been halted.

Workers installed the first of 829 steel poles Tuesday on a widened portion of the existing corridor that is part of the project near The Forks, as the groundwork is laid for the 145-mile ( 230-kilometre ) New England Clean Energy Connect, a project central to Maine's debate over the 145-mile line moving forward.

The work is getting started even though the 1st U.S. Circuit Court of Appeals delayed construction of a new 53-mile ( 85-kilometre ) section.

Three conservation groups are seeking an injunction to delay the project while they sue to force the U.S. Army Corps of Engineers to conduct a more rigorous environmental review.

In western Maine, workers already have staged heavy equipment and timber “mats” that will be used to prevent the equipment from damaging the ground. About 275 Maine workers already have been hired, and more would be hired if not for the litigation, officials said.

“This project has always promised to provide an economic boost to Maine’s economy, and we are already seeing those benefits take shape," Thorn Dickinson, CEO of the New England Clean Energy Connect, said Tuesday.

The electricity transmission line would provide a conduit for up to 1,200 megawatts of Canadian hydropower, reducing greenhouse emissions and stabilizing energy costs in New England as states pursue Connecticut's market overhaul to improve market design, supporters say.

The project, which would be fully funded by Massachusetts ratepayers to meet the state's clean energy goals after New Hampshire rejected a Quebec-Massachusetts proposal elsewhere, calls for construction of a high-voltage power line from Mount Beattie Township on the Canadian border to the regional power grid in Lewiston, Maine.

Critics have been trying to stop the project, reflecting clashes over New Hampshire hydropower in the region, saying it would destroy wilderness in western Maine. They also say that the environmental benefits of the project have been overstated.

In addition to the lawsuit, opponents have submitted petitions seeking to have a statewide vote, even as a Maine court ruling on Hydro-Quebec exports has reshaped the legal landscape.

Sandi Howard, a leading opponent of the project, said the decision by the company to proceed showed “disdain for everyday Mainers” by ignoring permit appeals and ongoing litigation.

“For years, CMP has pushed the false narrative that their unpopular and destructive project is a ‘done deal’ to bully Mainers into submission on this for-profit project. But to be clear, we won’t stop until Maine voters (their customers), have the chance to vote,” said Howard, who led the referendum petition drive for the No CMP Corridor PAC.

The project has received permits from the Army Corps, Maine Department of Environmental Protection, Maine Land Use Planning Commission and Maine Public Utilities Commission.

The final approval came in the form of a presidential permit issued last month from the U.S. Department of Energy, providing green light for the interconnect at the Canadian border, even as customer backlash to utility acquisitions elsewhere underscores public scrutiny.

 

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Charting a path to net zero electricity emissions by the middle of the century

Clean Energy Standard charts a federal path to decarbonize the power sector, scaling renewables, wind, solar, nuclear, and carbon capture to slash emissions, create green jobs, and reach net-zero targets amid the climate crisis.

 

Key Points

A federal policy to expand clean power and cut emissions with renewables, nuclear, and carbon capture toward net-zero.

✅ Mandates annual increases in clean electricity supply

✅ Includes renewables, nuclear, hydro, and carbon capture

✅ Targets rapid emissions cuts and net-zero by mid-century

 

The world has been put on notice. Last year, both the UN Intergovernmental Panel on Climate Change and the U.S. National Climate Assessment warned that we need to slash greenhouse gas emissions to avoid disastrous impacts of global warming. Their direct language forecasting devastating effects on our health, economics, environment, and ways of life has made even more urgent the responsibility we all have to act boldly to combat the climate crisis.

This week, we’re adding one important tool for addressing the climate crisis to the national conversation.

Together, we’re taking that bold action. The Climate reports made clear that to limit the global temperature rise and stave off devastating impacts to our climate—human-caused CO2 emissions must fall rapidly by 2030 and that we, as a global community, underscored at the Katowice climate talks, must reach net-zero emissions by the middle of the century. The Clean Energy Standard is federal legislation that offers a pathway toward decarbonizing our power sector and helping our nation accomplish a goal of net-zero emissions by the 2050s.

Under this plan, any company selling retail electricity will have a mandate to increase the amount of clean energy provided to its customers. It will incentivize clean electricity investment to put the U.S. on a sustainable path.

To deal most effectively with a crisis, all tools must be on the table. Our plan focuses solely on emissions, and there is a place for all technologies that can put us on the path to net zero. That will mean drastic increases in wind and solar energy for sure, as states like California pursue a 100% carbon-free electricity mandate to accelerate deployment, but nuclear power, hydro power, and fossil fuels with carbon capture and storage all have important roles to play.

We’re doing this because the science is clear – tackling our climate crisis requires serious and rapid action to control greenhouse gas emissions, and the push for decarbonization is irreversible according to many. Inaction on the climate crisis puts our families at risk, and we’re not wasting any time. This is also an opportunity to create good-paying green jobs that can last generations and uplift the middle class.

We are doing this for the environment, but also for jobs and economic competitiveness. The green economy is the future and we’re ready to see it grow, with states like New York advancing a Green New Deal that drives innovation. The United States can lead, or we can follow, and we want our nation to lead.

And, because as a New Mexican and a Minnesotan, we know that the impacts of climate change go far beyond the headlines and political discourse. It means devastation within tamarack forests and an increase in deadly fires. It means hotter summers and shorter winters with extreme temperature swings throughout the year. It means devastating flash floods with increasingly intense rain. It’s impacting our pocketbooks when farmers and small businesses who work the land in rural communities are unable to make ends meet.

States across the country are already acting to combat the climate crisis – including Minnesota's 2050 carbon-free electricity plan and New Mexico. But in order to truly address climate change, we have to be in this together as Americans. If the problem is far-reaching, our solutions must be equally as holistic.

It's why we've worked with green groups and activists, unions, and communities across the country - from urban to rural - to create a solution that understands the different starting points communities face in reaching net zero emissions, but doesn't shrink from the absolute need to reach that standard.

There is not one solution to climate change – it will take a collective group of individuals prepared to boldly act. And we are ready to take on that fight.

In Congress, we have formed the House Select Committee on the Climate Crisis and the Senate Democrats’ Special Committee on the Climate Crisis to hear from everyday Americans how climate change is affecting them – and how we can come together to find solutions that build on the historic climate deal passed this year. We have heard the stories of young people worried about their futures. And we realize there is a sense of urgency to act.

Over the coming weeks and months, we will be building support from communities across the country to make this plan a reality. We will continue working with stakeholders to ensure every voice is heard. Most importantly, we will continue listening to you and your communities.

 

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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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Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

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Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.