Lack of incentives means absence of solar arrays

By Knight Ridder Tribune


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There are not many large solar arrays in Pennsylvania because the state has not provided financial incentives to build them as other states have done, state officials said.

Across the country, increasing the use of solar technology is being driven at the state level, said state Rep. Dante Santoni Jr., a Reading Democrat. That's one of the reasons Gov. Ed Rendell wants the Legislature to approve $15 million in financial incentives he has proposed for solar technology, said Michael Smith, a spokesman for the state Department of Environmental Protection.

About one quarter of 1 percent of the total energy produced in Pennsylvania is produced by solar technology scattered around the state at residences and businesses, Smith said.

The largest contributor to that amount is a 75-kilowatt solar array at Ortho-McNeil Pharmaceutical in Spring House, Montgomery County.

Similar projects are more common in other states that provide financial incentives for producing them. For instance, state-distributed financial incentives were part of the motivation behind several solar projects tackled in New Jersey by PPL Utilities Corp., said PPL spokesman Ryan Hill.

Those included: A 500-kilowatt project to help power an aluminum plant in Pennsauken.

A 500-kilowatt project to help power a landfill-gas power system in Pennsauken. A 393-kilowatt project to help power a Macy's store in Jersey City. A 366-kilowatt project to help power a Macy's in Mays Landing. Though PPL has not worked on any similar solar projects in Pennsylvania, the company does buy power from wind farms near Wilkes-Barre and Mahanoy City, Schuylkill County, Hill said.

The company is also making plans to meet Pennsylvania's goal to have every power company produce 18 percent of its power from renewable resources by 2020. "PPL plans to develop $100 million in renewable energy projects in the next five years," Hill said.

"Those are likely solar, biomass, landfill gas and wind projects."

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Ukraine Resumes Electricity Exports

Ukraine Electricity Exports resume as the EU grid links stabilize; ENTSO-E caps, megawatt capacity, renewables, and infrastructure repairs enable power flows to Moldova, Poland, Slovakia, and Romania despite ongoing Russian strikes.

 

Key Points

Resumed cross-border power sales showing grid stability under ENTSO-E limits and surplus generation.

✅ Exports restart to Moldova; Poland, Slovakia, Romania next.

✅ ENTSO-E cap limits to 400 MW; more capacity under negotiation.

✅ Revenues fund grid repairs after Russian strikes.

 

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine's energy system, even as it built lines to reactivate the Zaporizhzhia plant in occupied territory. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and both sides have floated a possible agreement on power plant attacks amid mounting civilian harm, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.


Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, and across Europe initiatives like virtual power plants for homes are helping balance grids. Nationwide consumption was already down at least 30% due to the war, Halushchenko said, with many industries having to operate with less power.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may hobble recovery efforts. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.

“Even if it’s 20 (million euros) it’s still good money. We need financial resources now to restore generation and transmission lines,” he said.

Ukraine has the ability to export more than the 400 megawatt capacity limit imposed by the European Network of Transmission System Operators for Electricity, or ENTSO-E, and rising EU wind and solar output is reshaping cross-border flows. “We are in negotiations to increase this cap because today we can export even more, we have the necessary reserves in the system,” the minister said.

The current capacity limit is in line with what Ukraine was exporting in September 2022 before Ukraine diverted resources to meet domestic needs amid the Russian onslaught.

 

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BC Hydro cryptic about crypto mining electricity use

BC Hydro Crypto Mining Moratorium pauses high-load connection requests, as BCUC reviews electricity demand, gigawatt-hours and megawatt load forecasts, data center growth, and potential rate impacts on the power grid and industrial customers.

 

Key Points

A BC order pausing crypto mining connections while BC Hydro and BCUC assess load, grid impacts, and ratepayer risks.

✅ 18-month pause on new high-load crypto connections

✅ 1,403 MW in requests suspended; 273 MW existing or pending

✅ Seeks to manage demand, rates, and grid reliability

 

In its Nov. 1, 2022 load update briefing note to senior executives of the Crown corporation, BC Hydro shows that the entire large industrial sector accounted for 6,591 gigawatt-hours during the period – one percent less than forecast in the service plan.

BC Hydro censored load statistics about crypto mining, coal mining and chemicals from the briefing note, which was obtained under the freedom of information law and came amid scrutiny over B.C. electricity imports because it feared that disclosure would harm Crown corporation finances and third-party business interests.

Crypto mining requires high-powered computers to run and be cooled around the clock constantly. So much so that cabinet ordered the BC Utilities Commission (BCUC) last December to place an 18-month moratorium on crypto mining connection requests, while other jurisdictions, such as the N.B. Power crypto review, undertook similar pauses to assess impacts.


In a news release, the government said 21 projects seeking 1,403 megawatts were temporarily suspended. The government said that would be enough to power 570,000 homes or 2.1 million electric vehicles for a year.

A report issued by BC Hydro before Christmas said there were already 166 megawatts of power from operational projects at seven sites. Another six projects with 107 megawatts were nearing connection, bringing its total load to 273 megawatts.

Richard McCandless, a retired assistant deputy minister who analyzes the performance of BC Hydro and the Insurance Corp of British Columbia, said China's May 2021 ban on crypto mining had a major ripple effect on those seeking cheap and reliable power.

"When China cracked down, these guys fled to different areas," McCandless said in an interview. "So they took their computers and went somewhere else. Some wound up in B.C."

He said BC Hydro's secrecy about crypto loads appears rooted in the Crown corporation underestimating load demand, even as new generating stations were commissioned to bolster capacity.

"Crypto is up so dramatically; they didn't want to show that," McCandless said. "Maybe they didn't want to be seen as being asleep at the switch."

Indeed, BCUC's April 21 decision on BC Hydro's 2021 revenue forecasts through the 2025 fiscal year included BC Hydro's forecast increase for crypto and data centres of about 100 gigawatt-hours through fiscal 2024 before returning to 2021 levels by 2025. In addition, the BCUC document said that BC Hydro's December 2020 load forecast was lower than the previous one because of project cancellations and updated load requests, amid ongoing nuclear power debate in B.C.

"Given the segment's continued uncertainty and volatility, the forecast assumes these facilities are not long-lived," the BC Hydro application said.

A September 2022 report to the White House titled "Crypto-Assets in the United States" said increased electricity demand from crypto-asset mining could lead to rate increases.

"Crypto-asset mining in upstate New York increased annual household electric bills by [US]$82 and annual small business electric bills by [US]$164, with total net losses from local consumers and businesses estimated to be [US]$179 million from 2016-2018," the report said. The information mentioned Plattsburgh, New York's 18-month moratorium in 2018. Manitoba announced a similar suspension almost a month before B.C.

B.C.'s total core domestic load of 23,666 gigawatt-hours was two percent higher than the service plan amid BC Hydro call for power planning, with commercial and light industrial (9,198 gigawatt-hours) and residential (7,877 gigawatt-hours) being the top two customer segments.

"A cooler spring and warmer summer supported increased loads, as the Western Canada drought strained hydropower production regionally. However, warmer daytime temperatures in September impacted heating more than cooling," said the briefing note.

"Commercial and light industrial consumption benefited from warmer temperatures in August but has also been impacted to a lesser degree by the reduced heating load in the first three weeks of October."

Loads improved relative to 2021, but offices, retail businesses and restaurants remained below pre-pandemic levels. Education, recreation and hotel sectors were in line with pre-pandemic levels. Light industrial sector growth offset the declines.

For heavy industry, pulp and paper electricity use was 15 percent ahead of forecast, but wood manufacturing was 16 percent below forecast. The briefing note said oil and gas grew nine percent relative to the previous year but, alongside ongoing LNG power demand, fell nine percent below the service plan.

 

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Biggest in Canada: Bruce Power doubles PPE donation

Bruce Power PPE Donation supports Canada COVID-19 response, supplying 1.2 million masks, gloves, and gowns to Ontario hospitals, long-term care, and first responders, plus face shields, hand sanitizer, and funding for testing and food banks.

 

Key Points

Bruce Power PPE Donation is a broad COVID-19 aid delivering PPE, supplies, and funding across Ontario.

✅ 1.2 million masks, gloves, gowns to Ontario care providers

✅ 3-D printed face shields and 50,000 bottles of sanitizer

✅ Funding testing research and supporting regional food banks

 

The world’s largest nuclear plant, which recently marked an operating record during sustained operations, just made Canada’s largest donation of personal protective equipment (PPE).

Bruce Power is doubling its initial donation of 600,000 masks, gloves and gowns for front-line health workers, to 1.2 million pieces of PPE.

The company, which operates the Bruce Nuclear station near Kincardine, Ont., where a major reactor refurbishment is underway, plans to have the equipment in the hands of hospitals, long-term care homes and first responders by the end of April.

It’s not the only thing Bruce Power is doing to help out Ontario during the COVID-19 pandemic:

 Bruce Power has donated $300,000 to 37 food banks in Midwestern Ontario, highlighting the broader economic benefits of Canadian nuclear projects for communities.

  •  They’re also working with NPX in Kincardine to make face shields with 3-D printers, leveraging local manufacturing contracts to accelerate production.
  •  They’re teaming up with the Power Worker’s Union to fund testing research in Toronto.
  •  They’re working with Three Sheets Brewing and Junction 56 Distillery to distribute 50,000 bottles of hand sanitizer to those that need it.

And that’s all on top of what they’ve been doing for years, producing Cobalt-60, a medical isotope to sterilize medical equipment, and, after a recent output upgrade at the site, producing about 30 per cent of Ontario’s electricity as the province advances the Pickering B refurbishment to bolster grid reliability.

Bruce Power has over 4,000 employees working out of their nuclear plant, on the shores of Lake Huron, as it explores the proposed Bruce C project for potential future capacity.

 

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Inside Copenhagen’s race to be the first carbon-neutral city

Hedonistic Sustainability turns Copenhagen's ARC waste-to-energy plant into a public playground, blending ski slope, climbing wall, and trails with carbon-neutral heating, renewables, circular economy design, and green growth for climate action and liveability.

 

Key Points

A design approach fusing public recreation with clean-energy infrastructure to drive carbon-neutral, livable urban growth.

✅ Waste-to-energy plant doubles as recreation hub

✅ Supports carbon-neutral heating and renewables

✅ Stakeholder-driven, scalable urban climate model

 

“We call it hedonistic sustainability,” says Jacob Simonsen of the decision to put an artificial ski slope on the roof of the £485m Amager Resource Centre (Arc), Copenhagen’s cutting-edge new waste-to-energy power plant that feeds the city’s district heating network as well. “It’s not just good for the environment, it’s good for life.”

Skiing is just one of the activities that Simonsen, Arc’s chief executive, and Bjarke Ingels, its lead architect, hope will enhance the latest jewel in Copenhagen’s sustainability crown. The incinerator building also incorporates hiking and running trails, a street fitness gym and the world’s highest outdoor climbing wall, an 85-metre “natural mountain” complete with overhangs that rises the full height of the main structure.

In Copenhagen, green transformation goes hand-in-hand with job creation, a growing economy and a better quality of life

Frank Jensen, lord mayor

It’s all part of Copenhagen’s plan to be net carbon-neutral by 2025. Even now, after a summer that saw wildfires ravagethe Arctic Circle and ice sheets in Greenland suffer near-record levels of melt, the goal seems ambitious. In 2009, when the project was formulated, it was positively revolutionary.

“A green, smart, carbon-neutral city,” declared the cover of the climate action plan, aligning with a broader electric planet vision, before detailing the scale of the challenge: 100 new wind turbines; a 20% reduction in both heat and commercial electricity consumption; 75% of all journeys to be by bike, on foot, or by public transport; the biogas-ification of all organic waste; 60,000 sq metres of new solar panels; and 100% of the city’s heating requirements to be met by renewables.

Radical and far-reaching, the scheme dared to rethink the very infrastructure underpinning the city. There’s still not a climate project anywhere else in the world that comes close, even as leaders elsewhere champion a fully renewable grid by 2030.

And, so far, it’s working. CO2 emissions have been reduced by 42% since 2005, and while challenges around mobility and energy consumption remain (new technologies such as better batteries and carbon capture are being implemented, and global calls for clean electricity investment grow), the city says it is on track to achieve its ultimate goal.

More significant still is that Copenhagen has achieved this while continuing to grow in traditional economic terms. Even as some commentators insist that nothing short of a total rethink of free-market economics and corporate structures is required to stave off global catastrophe, the Danish capital’s carbon transformation has happened alongside a 25% growth in its economy over two decades. Copenhagen’s experience will be a model for other world cities as the global energy transition unfolds.

The sentiment that lies behind Arc’s conception as a multi-use public good – “hedonistic sustainability” – is echoed by Bo Asmus Kjeldgaard, former mayor of Copenhagen for the environment and the man originally tasked, back in 2010, with making the plan a reality.

“We combined life quality with sustainability and called it ‘liveability’,” says Kjeldgaard, now CEO of his own climate adaptation company, Greenovation. “We succeeded in building a good narrative around this, one that everybody could believe in.”

The idea was first floated in the late 1990s, when the newly elected Kjeldgaard had a vision of Copenhagen as the environmental capital of Europe. His enthusiasm ran into political intransigence, however, and despite some success, a lack of budget meant most of his work became “just another branding exercise – it was greenwashing”.

We’re such a rich country – change should be easy for us

Claus Nielsen, furniture maker and designer

But after stints as mayor of family and the labour market, and children and young people, he ended up back at environment in 2010 with renewed determination and, crucially, a broader mandate from the city council. “I said: ‘This time, we have to do it right,’” he recalls, “so we made detailed, concrete plans for every area, set the carbon target, and demanded the money and the manpower to make it a reality.”

He brought on board more than 200 stakeholders, from businesses to academia to citizen representatives, and helped them develop 22 specific business plans and 65 separate projects. So far the plan appears on track: there has been a 15% reduction in heat consumption, 66% of all trips in the city are now by bike, on foot or public transport, and 51% of heat and power comes from renewable electricity sources.

The onus placed on ordinary Copenhageners to walk and cycle more, pay higher taxes (especially on cars) and put up with the inconvenience of infrastructure construction has generally been met with understanding and good grace. And while some people remain critical of the fact that Copenhagen airport is not factored into the CO2 calculations – it lies beyond the city’s boundaries – and grumble about precise definitions and formulae, dissent has been rare.

This relative lack of nimbyism and carping about change can, says Frank Jensen, the city’s lord mayor, be traced to longstanding political traditions.

“Caring for the environment and taking responsibility for society in general has been an integral part of the upbringing of many Danes,” he says. “Moreover, there is a general awareness that climate change now calls for immediate, ambitious and collective action.” A 2018 survey by Concito, a thinktank, found that such action was a top priority for voters.

Jensen is keen to stress the cooperative nature of the plan and says “our visions have to be grounded in the everyday lives of people to be politically feasible”. Indeed, involving so many stakeholders, and allowing them to actively help shape both the ends and the means, has been key to the plan’s success so far and the continued goodwill it enjoys. “It’s so important to note that we [the authorities] cannot do this alone,” says Jørgen Abildgaard, Copenhagen’s executive climate programme director.

Many businesses around the world have typically been reluctant to embrace sustainability when a dip in profits or inconvenience might be the result, but not in Copenhagen. Martin Manthorpe, director of strategy, business development and public affairs at NCC, one of Scandinavia’s largest construction and industrial groups, was brought in early on by Abildgaard to represent industry on the municipality’s climate panel, and to facilitate discussions with the wider business community. He thinks there are several reasons why.

“The Danes have a trading mindset, meaning ‘What will I have to sell tomorrow?’ is just as important as ‘What am I producing today?’” he says. “Also, many big Danish companies are still ultimately family-owned, so the culture leans more towards long-term thinking.”

It is, he says, natural for business to be concerned with issues around sustainability and be willing to endure short-term pain: “To do responsible, long-term business, you need to see yourself as part of the larger puzzle that is called ‘society’.”

Furthermore, in Denmark climate change denial is given extremely short shrift. “We believe in the science,” says Anders Haugaard, a local entrepreneur. “Why wouldn’t you? We’re told sustainability brings only benefits and we’ve got no reason to be suspicious.”

“No one would dare argue against the environment,” says his friend Claus Nielsen, a furniture maker and designer. “We’re such a rich country – change should be easy for us.” Nielsen talks about how enlightened his kids are – “my 11-year-old daughter is now a flexitarian ” – and says that nowadays he mainly buys organic; Haugaard doesn’t see a problem with getting rid of petrol cars (the whole country is aiming to be fossil fuel-free by 2050 as the EU electricity use by 2050 is expected to double).

Above all, there’s a belief that sustainability need not make the city poorer: that innovation and “green growth” can be lucrative in and of themselves. “In Copenhagen, green transformation goes hand-in-hand with job creation, a growing economy and a better quality of life,” says Jensen. “We have also shown that it’s possible to combine this transition with economic growth and market opportunities for businesses, and I think that other countries can learn from our example.”

Besides, as Jensen notes, there is little alternative, and even less time: “National states have failed to take enough responsibility, but cities have the power and will to create concrete solutions. We need to start accelerating their implementation – we need to act now.”

 

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Secret Liberal cabinet document reveals Electricity prices to soar

Ontario Hydro Rate Relief Plan delivers short-term electricity bill cuts, while leaked cabinet forecasts show inflation-linked hikes, borrowing costs, and a Clean Energy Adjustment under the province's long-term energy plan.

 

Key Points

A provincial plan that cuts bills now but defers costs, projecting rate hikes and adding a Clean Energy Adjustment.

✅ 25% cut now, after 8% HST relief; extra 17% reduction applied.

✅ Forecast: inflation-linked hikes later; borrowing adds long-term costs.

✅ Clean Energy Adjustment line to repay deferred system costs.

 

The short-term gain of a 25 per cent hydro rate cut this summer could lead to long-term pain as a leaked cabinet document forecasts prices jumping again in five years.

In the briefing materials leaked and obtained by the Progressive Conservatives, rates will start rising 6.5 per cent a year in 2022 and top out at 10.5 per cent in 2028, when average monthly bills hit $215.

That would be up from $123 this year once the rate cut — the subject of long-awaited legislation to lower electricity rates unveiled Thursday by Energy Minister Glenn Thibeault — takes full effect. There will be another 17-per-cent cut in addition to the 8 per cent taken off bills in January when the provincial portion of the HST was waived.

The leaked papers overshadowed Thibeault’s efforts to tout the price break, which will be followed with four years of hydro rate increases at 2 per cent, roughly the rate of inflation.

Thibeault charged that the Conservatives used an “outdated” document to distract from the fact that they are the only major party without a plan for dealing with skyrocketing hydro rates, with a year to go until next June’s provincial election.

“It’s not a coincidence,” he told reporters, denying any plans for an eventual 10.5-per-cent rate hike and promising the government’s new long-term energy plan, due in a few months, will have better numbers.

“We are working hard right now to continue to pull costs out of the system.”

Opposition parties said the Liberal plan doesn’t deal with the underlying problems that have made electricity expensive and simply borrows money to spread the costs over a longer period of time, with $25 billion in interest charges over 30 years.

Some observers also noted that a deal with Quebec would not reduce hydro bills, highlighting concerns about lasting affordability.

“The price of electricity is going to skyrocket after the next election,” warned Conservative MPP Todd Smith (Prince Edward—Hastings).

“The government isn’t being honest with the people of Ontario when it comes to the price of electricity.”

The documents show average monthly bills peaking at $231 in the year 2047, before falling back to $210 the following year once the 30 years of interest payments are over.

Conservative sources say they obtained the papers stamped “confidential cabinet document” from a whistleblower after Thibeault’s rate cut plan was presented to cabinet ministers at a meeting in early March.

There is no date on the document, which the energy minister alternately dismissed as “inaccurate” or possibly one of many that have been prepared with different options in mind.

“We’ve had hundreds of briefings with hundreds of documents … I can’t comment on one graph when we’ve been looking at hundreds of scenarios.”

New Democrats, who have proposed a scheme to cut rates, if elected, also called the government plan an election ploy with Liberals lagging in the polls.

“We’re going to take on a huge debt so (Premier) Kathleen Wynne can look good on the hustings in the next few months, and for decades we’re going to pay for it,” said MPP Peter Tabuns (Toronto-Danforth).

Thibeault acknowledged the Liberal plan will start repaying borrowed money in the mid- or late 2020s and it will show up separately on hydro bills as the “Clean Energy Adjustment”, a kind of electricity recovery rate that could raise costs.

 

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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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