Nova Scotia power rates rise

By CBC.ca


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Nova Scotians started paying more for electricity January 1, while Halifax Regional Municipality residents will see a big increase in their water bills.

Nova Scotia Power customers began paying 5.66 per cent more for electricity at midnight, with much of that increase going toward the creation of greener power sources.

Nova Scotia Power, which provides 95 per cent of the generation, transmission and distribution of electricity in the province, says the rise in power fees is needed to cover the costs of buying cleaner, more expensive coal.

It had originally asked for an immediate nine per cent increase.

The Nova Scotia Utility and Review Board said in early December that it accepted the utility's costs as accurate, but ruled Nova Scotia Power will have to go with staggered rate increases over the next three years.

Meanwhile, people in the province's largest city will also see a big increase in their water bills.

The bills of residential ratepayers to the Halifax Water Commission will jump about 27 per cent.

The commission says the extra money is needed to maintain and repair infrastructure, and had asked the utility board for an estimated 41 per cent increase for residential users.

Dartmouth resident Gregory Edwards, who lives on disability and social assistance payments, is among the Nova Scotians upset with the higher power fees.

"I don't get a one per cent increase in salary," he said. "That's what it is for me and everybody on social assistance, every senior citizen in this province. They get a zero per cent increase."

Edwards said he takes issue with the salaries of the water commission's management, which have increased between 20 and 40 per cent over a two-year period.

Nova Scotia's Utility and Review Board has said it will be watching compensation levels at the commission more closely.

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Electricity restored to 75 percent of customers in Puerto Rico

Puerto Rico Power Restoration advances as PREPA, FEMA, and the Army Corps rebuild the grid after Hurricane Maria; 75% of customers powered, amid privatization debate, Whitefish contract fallout, and a continuing island-wide boil-water advisory.

 

Key Points

Effort to rebuild Puerto Rico's grid and restore power, led by PREPA with FEMA support after Hurricane Maria.

✅ 75.35% of customers have power; 90.8% grid generating

✅ PREPA, FEMA, and Army Corps lead restoration work

✅ Privatization debate, Whitefish contract scrutiny

 

Nearly six months after Hurricane Maria decimated Puerto Rico, the island's electricity has been restored to 75 percent capacity, according to its utility company, a contrast to California power shutdowns implemented for different reasons.

The Puerto Rico Electric Power Authority said Sunday that 75.35 percent of customers now have electricity. It added that 90.8 percent of the electrical grid, already anemic even before the Sept. 20 storm barrelled through the island, is generating power again, though demand dynamics can vary widely as seen in Spain's power demand during lockdowns.

Thousands of power restoration personnel made up of the Puerto Rico Electric Power Authority (PREPA), the Federal Emergency Management Agency (FEMA), industry workers from the mainland, and the Army Corps of Engineers have made marked progress in recent weeks, even as California power shutoffs highlight grid risks elsewhere.

Despite this, 65 people in shelters and an island-wide boil water advisory is still in effect even though almost 100 percent of Puerto Ricans have access to drinking water, local government records show.

The issue of power became controversial after Puerto Rico Gov. Ricardo Rossello recently announced plans to privatize PREPA after it chose to allocate a $300 million power restoration contract to Whitefish, a Montana-based company with only a few staffers, rather than put it through the mutual-aid network of public utilities usually called upon to coordinate power restoration after major disasters, and unlike investor-owned utilities overseen by regulators such as the Florida PSC on the mainland.

That contract was nixed and Whitefish stopped working in Puerto Rico after FEMA raised "significant concerns" over the procurement process, scrutiny mirrored by the fallout from Taiwan's widespread outage where the economic minister resigned.

 

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Covid-19: Secrets of lockdown lifestyle laid bare in electricity data

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

 

Key Points

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

✅ Morning ramp starts later; midday demand dips

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

✅ WFH and streaming raise residential load; industrial demand falls

 

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

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

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

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


1. People are sleeping later

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

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

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

2. Less productive afternoons

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

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

3. Evenings in

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

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

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

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

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

4. Staying up late

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

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

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

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

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

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

5. Different sectors consume more

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

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

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

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

 

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27,000 Plus More Clean Energy Jobs Lost in May

U.S. Clean Energy Job Losses highlight COVID-19 impacts on renewable energy, solar, wind, and energy efficiency, with PPP fatigue, unemployment, and calls for Congressional stimulus, per Department of Labor data analyzed by E2.

 

Key Points

Pandemic-driven layoffs across renewable, solar, wind, and efficiency sectors, risking recovery without federal aid.

✅ Over 620,500 clean energy jobs lost in three months

✅ Energy efficiency, solar, and wind hit hardest nationwide

✅ Industry urges Congress for stimulus, tax credit relief

 

As Congress this week begins debating economic stimulus support for the energy industry, a new analysis of unemployment data shows the biggest part of America's energy economy - clean energy - lost another 27,000 jobs in May, bringing the total number of clean energy workers who have lost their jobs in the past three months to more than 620,500.

While May saw an improvement in new unemployment claims over March and April, the findings represent the sector's third straight month of significant job losses across solar, wind, energy efficiency, clean vehicles and other industries. With coronavirus cases once again rising in many states and companies beginning to run out of the Payroll Protection Program (PPP) funding that has helped small businesses keep workers employed, and as households confront pandemic power shut-offs that heighten energy insecurity, the report increases concerns the sector will be unable to resume its economy-leading jobs growth in the short- or long-term without a significant policy response.

Given the size and scope of the clean energy industry, such a sustained loss would cast a pall on the nation's overall economic recovery, as shifting electricity demand during COVID-19 complicates forecasts, according to the analysis of the Department of Labor's May unemployment data from E2 (Environmental Entrepreneurs), E4TheFuture and the American Council on Renewable Energy (ACORE).

Prior to COVID-19, clean energy - including energy efficiency, solar and wind generation, clean vehicles and related sectors - was among the U.S. economy's biggest and fastest-growing employment sectors, growing 10.4% since 2015 to nearly 3.4 million jobs at the end of 2019. That made clean energy by far the biggest employer of workers in all energy occupations, employing nearly three times as many people as the fossil fuel industry. For comparison, coal mining employs about 47,000 workers, even as clean energy projects in coal communities aim to revitalize local economies.

The latest monthly analysis for the groups by BW Research Partnership runs contrary to recent Bureau of Labor Statistics (BLS) reports, which indicated that a more robust economic rebound was underway, even as high fuel prices haven't spurred a green shift in adoption, while also acknowledging misclassifications and serious reporting difficulties in its own data.

Bob Keefe, Executive Director at E2, said:

"May's almost 30,000 clean energy jobs loss is sadly an improvement in the rate of jobs shed but make no mistake: There remains huge uncertainty and volatility ahead. It will be very tough for clean energy to make up these continuing job losses without support from Congress. Lawmakers must act now. If they do, we can get hundreds of thousands of these workers back on the job today and build a better, cleaner, more equitable economy for tomorrow. And who doesn't want that?"

Pat Stanton, Policy Director at E4TheFuture, said:

"Most of the time, energy efficiency workers need to go inside homes, businesses and other buildings to get the job done. Since they couldn't do that during COVID lockdowns, they couldn't work. Now states are opening up. But utilities, contractors and building owners need to protect employees and occupants from possible exposure to the virus and need more clarity about potential liabilities."

Gregory Wetstone, President and CEO of ACORE, said:

"In May, we saw thousands of additional renewable energy workers join the ranks of the unemployed, further underscoring the damage COVID-19 is inflicting on our workforce. Since the pandemic began, nearly 100,000 renewable energy workers have lost their jobs. We need help from Congress to get American clean energy workers back to work. With commonsense measures like temporary refundability and a delay in the phasedown of renewable energy tax credits, Congress can help restore these good-paying jobs so the renewable sector can continue to provide the affordable, pollution-free power American consumers and businesses want and deserve."

Phil Jordan, Vice President and Principal at BW Research Partnership, said:

"We understand the challenges and limitations of data collection for BLS in the middle of a global pandemic. But any suggestion that a strong employment rebound is underway in the United States simply is not reflected in the clean energy sector right now. And with PPP expiring, that only increases uncertainty in the months ahead."

The report comes as both the Senate Committee on Energy and Natural Resources and the House Energy and Commerce Committee are considering clean energy stimulus to restart the U.S. economy, and amid assessments of mixed results from the climate law shaping expectations, and as lawmakers in both the House and Senate are increasing calls for supporting clean energy workers and businesses, including this bicameral letter signed by 57 members of Congress and another signed today by 180 House members.

Industries Hit Hardest

According to the analysis, energy efficiency lost more jobs than any other clean energy sector for the third consecutive month in May, shedding about 18,900 jobs. These workers include electricians, HVAC technicians who work with high-efficiency systems, and manufacturing employees who make Energy Star appliances, LED lighting systems and efficient building materials.

Renewable energy, including solar and wind, lost nearly 4,300 jobs in May.

Clean grid and storage and clean vehicles manufacturing -- including grid modernization, energy storage, car charging and electric and plug-in hybrid vehicle manufacturing -- lost a combined 3,200 jobs in May, as energy crisis impacts electricity, gas, and EVs in several ways.

The clean fuels sector lost more than 650 jobs in May.

States and Localities Hit Across Country

California continues to be the hardest hit state in terms of total job losses, losing 4,313 jobs in May and more than 109,700 since the COVID-19 crisis began. Florida was the second hardest hit state in May, losing an additional 2,563 clean energy jobs, while Georgia, Texas, Washington, and Michigan all suffered more than 1,000 job losses across the sector. An additional 12 states saw at least 500 clean energy unemployment filings, and reports like Pennsylvania's clean energy jobs analysis provide added context, according to the latest analysis.

For a full breakdown of clean energy job losses in each state, along with a list of the hardest hit counties and metro areas, see the full analysis here.

 

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The Netherlands Outpaces Canada in Solar Power Generation

Netherlands vs Canada Solar Power compares per capita capacity, renewable energy policies, photovoltaics adoption, rooftop installations, grid integration, and incentives like feed-in tariffs and BIPV, highlighting efficiency, costs, and public engagement.

 

Key Points

Concise comparison of per capita capacity, policies, technology, and engagement in Dutch and Canadian solar adoption.

✅ Dutch per capita PV capacity exceeds Canada's by wide margin.

✅ Strong incentives: net metering, feed-in tariffs, rooftop focus.

✅ Climate, grid density, and awareness drive higher yields.

 

When it comes to harnessing solar power, the Netherlands stands as a shining example of efficient and widespread adoption, far surpassing Canada in solar energy generation per capita. Despite Canada's vast landmass and abundance of sunlight, the Netherlands has managed to outpace its North American counterpart, which some experts call a solar power laggard in solar energy production. This article explores the factors behind the Netherlands' success in solar power generation and compares it to Canada's approach.

Solar Power Capacity and Policy Support

The Netherlands has rapidly expanded its solar power capacity in recent years, driven by a combination of favorable policies, technological advancements, and public support. According to recent data, the Netherlands boasts a significantly higher per capita solar power capacity compared to Canada, where demand for solar electricity lags relative to deployment in many regions, leveraging its smaller geographical size and dense population centers to maximize solar panel installations on rooftops and in urban areas.

In contrast, Canada's solar energy development has been slower, despite having vast areas of suitable land for solar farms. Challenges such as regulatory hurdles, varying provincial policies, and the high initial costs of solar installations have contributed to a more gradual adoption of solar power across the country. However, provinces like Ontario have seen significant growth in solar installations due to supportive government incentives and favorable feed-in tariff programs, though growth projections were scaled back after Ontario scrapped a key program.

Innovation and Technological Advancements

The Netherlands has also benefited from ongoing innovations in solar technology and efficiency improvements. Dutch companies and research institutions have been at the forefront of developing new solar panel technologies, improving efficiency rates, and exploring innovative applications such as building-integrated photovoltaics (BIPV). These advancements have helped drive down the cost of solar energy and increase its competitiveness with traditional fossil fuels.

In contrast, while Canada has made strides in solar technology research and development, commercialization and widespread adoption have been more restrained due to factors like market fragmentation and the country's reliance on other energy sources such as hydroelectricity.

Public Awareness and Community Engagement

Public awareness and community engagement play a crucial role in the Netherlands' success in solar power adoption. The Dutch government has actively promoted renewable energy through public campaigns, educational programs, and financial incentives for homeowners and businesses to install solar panels. This proactive approach has fostered a culture of energy conservation and sustainability among the Dutch population.

In Canada, while there is growing public support for renewable energy, varying levels of awareness and engagement across different provinces have impacted the pace of solar energy adoption. Provinces like British Columbia and Alberta have seen increasing interest in solar power, driven by environmental concerns, technological advancements, and economic benefits, as the country is set to hit 5 GW of installed capacity in the near term.

Climate and Geographic Considerations

Climate and geographic considerations also influence the disparity in solar power generation between the Netherlands and Canada. The Netherlands, despite its northern latitude, benefits from relatively mild winters and a higher average annual sunlight exposure compared to most regions of Canada. This favorable climate has facilitated higher solar energy yields and made solar power a more viable option for electricity generation.

In contrast, Canada's diverse climate and geography present unique challenges for solar energy deployment. Northern regions experience extended periods of darkness during winter months, limiting the effectiveness of solar panels in those areas. Despite these challenges, advancements in energy storage technologies and hybrid solar-diesel systems are making solar power increasingly feasible in remote and off-grid communities across Canada, even as Alberta faces expansion challenges related to grid integration and policy.

Future Prospects and Challenges

Looking ahead, both the Netherlands and Canada face opportunities and challenges in expanding their respective solar power capacities. In the Netherlands, continued investments in solar technology, grid infrastructure upgrades, and policy support will be crucial for maintaining momentum in renewable energy development.

In Canada, enhancing regulatory consistency, scaling up solar installations in urban and rural areas, and leveraging emerging technologies will be essential for narrowing the gap with global leaders in solar energy generation and for seizing opportunities in the global electricity market as the energy transition accelerates.

In conclusion, while the Netherlands currently generates more solar power per capita than Canada, with the Prairie Provinces poised to lead growth in the Canadian market, both countries have unique strengths and challenges in their pursuit of a sustainable energy future. By learning from each other's successes and leveraging technological advancements, both nations can further accelerate the adoption of solar power and contribute to global efforts to combat climate change.

 

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Altmaier's new electricity forecast: the main driver is e-mobility

Germany 2030 Electricity Demand Forecast projects 658 TWh, driven by e-mobility, heat pumps, and green hydrogen. BMWi and BDEW see higher renewables, onshore wind, photovoltaics, and faster grid expansion to meet climate targets.

 

Key Points

A BMWi outlook to 658 TWh by 2030, led by e-mobility, plus demand from heat pumps, green hydrogen, and industry.

✅ Transport adds ~70 TWh; cars take 44 TWh by 2030

✅ Heat pumps add 35 TWh; green hydrogen needs ~20 TWh

✅ BDEW urges 70% renewables and faster grid expansion

 

Gross electricity consumption in Germany will increase from 595 terawatt hours (TWh) in 2018 to 658 TWh in 2030. That is an increase of eleven percent. This emerges from the detailed analysis of the development of electricity demand that the Federal Ministry of Economics (BMWi) published on Tuesday. The main driver of the increase is therefore the transport sector. According to the paper, increased electric mobility in particular contributes 68 TWh to the increase, in line with rising EV power demand trends across markets. Around 44 TWh of this should be for cars, 7 TWh for light commercial vehicles and 17 TWh for heavy trucks. If the electricity consumption for buses and two-wheelers is added, this results in electricity consumption for e-mobility of around 70 TWh.

The number of purely battery-powered vehicles is increasing according to the investigation by the BMWi to 16 million by 2030, reflecting the global electric car market momentum, plus 2.2 million plug-in hybrids. In 2018 there were only around 100,000 electric cars, the associated electricity consumption was an estimated 0.3 TWh, and plug-in mileage in 2021 highlighted the rapid uptake elsewhere. For heat pumps, the researchers predict an increase in demand by 35 TWh to around 42 TWh. They estimate the electricity consumption for the production of around 12.5 TWh of green hydrogen in 2030 to be just under 20 TWh. The demand at battery factories and data centers will increase by 13 TWh compared to 2018 by this point in time. In the data centers, there is no higher consumption due to more efficient hardware despite advancing digitization.

The updated figures are based on ongoing scenario calculations by Prognos, in which the market researchers took into account the goals of the Climate Protection Act for 2030 and the wider European electrification push for decarbonization. In the preliminary estimate presented by Federal Economics Minister Peter Altmaier (CDU) in July, a range of 645 to 665 TWh was determined for gross electricity consumption in 2030. Previously, Altmaier officially said that electricity demand in this country would remain constant for the next ten years. In June, Chancellor Angela Merkel (CDU) called for an expanded forecast that would have to include trends in e-mobility adoption within a decade and the Internet of Things, for example.

Higher electricity demand
The Federal Association of Energy and Water Management (BDEW) is assuming an even higher electricity demand of around 700 TWh in nine years. In any case, a higher share of renewable energies in electricity generation of 70 percent by 2030 is necessary in order to be able to achieve the climate targets and to address electricity price volatility risks. The expansion paths urgently need to be increased and obstacles removed. This could mean around 100 gigawatts (GW) for onshore wind turbines, 11 GW for biomass and at least 150 GW for photovoltaics by 2030. Faster network expansion and renovation will also become even more urgent, as electric cars challenge grids in many regions.
 

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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