Major holes found in renewable energy bill

By Knight Ridder Tribune


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Environmentalist groups have pushed for years for a state policy that requires utilities to develop renewable energy and efficiency programs. But many of those groups are fighting a bill in the General Assembly that includes their long-sought goal.

The legislation requires that 12.5 percent of the electricity sold by utilities such as Progress Energy and Duke Energy come from renewable sources and efficiency programs. The measure overwhelmingly passed in the state Senate, but it has bogged down in the House. As opposition increases, state lawmakers spent days scrambling to salvage the bill. Among the concerns:

- Alternative fuels could pollute more than coal-burning power plants.

- There could be an increase in hog waste lagoons, because the bill encourages utilities to buy electricity generated from methane gas in the lagoons.

- Electric utilities could skimp on efficiency programs and renewables and build large power plants instead.

None of these consequences are spelled out in the bill, but they have emerged as issues in recent weeks as lawmakers and activists parsed the proposal.

"Do we want to pursue an energy strategy that's dirtier than coal?" asked Rep. Pricey Harrison, a Guilford County Democrat who leads the committee. "This is incredibly complex, and I don't think any one of us understands all the implications of this bill."

Lobbyists, lawyers and legislative staff spent six months crafting the bill in the Senate.

It started as a renewables and efficiency proposal and grew into a comprehensive energy policy. Scores of participants attended the negotiations, but only five major environmental organizations did. The legislation that emerged from the talks included sweeteners for many interest groups. The environmentalists won concessions: They were able to raise the minimum requirement from renewables and efficiency from 10 percent to 12.5 percent. And utilities agreed to drop opposition to linking their power grids to industrial-scale solar power units. But some say the utilities won the biggest prize: a provision to pass some of the costs of new power plants to customers years before the plants are built.

The state's two Fortune 500 utilities are among the proposal's biggest backers. They say this provision will lower financing costs and save customers money. Opposition grew significantly this month as the bill started being reviewed by the House energy committee. A dozen environmental groups got involved for the first time, and they didn't like what they saw. Groups such as the Sierra Club that considered the bill flawed all along continued seeking an opening to make revisions. Still, several environmental groups that negotiated the bill stand by it. They say the benefits far outweigh the disadvantages, and that the bill's drawbacks are overblown.

The bill contains a new state tax credit for energy efficient homes and a renewable tax break for nonprofit groups, said Ivan Urlaub, executive director of N.C. Sustainable Energy Association. "We've got buy-in from every major stakeholder except for this number of environmental organizations," Urlaub said. "We see an insane amount of opportunity to rapidly move our utilities toward good climate-change solutions. This is just a first step to ean ourselves off our total dependence on coal and nuclear." Less than 2 percent of the state's electricity comes from renewables and efficiency programs.

The proposal would raise the minimum to 12.5 percent for Raleigh-based Progress and Charlotte-based Duke by 2021, and to 10 percent for municipal utilities and electric cooperatives by 2018. But many environmentalists are frustrated that the proposal includes no penalty for utilities that fail to meet the minimum requirements. At the same time, the bill caps how much utilities can spend on renewables and efficiency. About two dozen states h ve requirements for renewables and efficiency, and many include penalties, said Molly Diggins, North Carolina director for the Sierra Club. Possible changes Harrison said her committee will likely consider a proposal that could require utilities to go beyond the 12.5 percent minimum requirement before they are permitted to build new power plants.

Renewables also are getting scrutiny. An engineer from the state's Department of Environment and Natural Resources' Division of Air Quality told the energy committee that solar energy is too expensive for wide-scale deployment and wind powe too controversial in the mountains. The agency said that power plants fueled by wood waste generate more pollution than modern coal-burning power plants. As a result, the committee is likely to consider tightening emission standards for power plants fueled by wood and animal waste, a move that could raise the cost of those fuels considerably.

Despite the last-minute push by environmentalists, the utilities say the bill is sound. "We are confident that the consensus bill will withstand the scrutiny of the legislative process," said Progress Energy spokesman David McNeill. But Jim Warren, director of Durham-based N.C. Waste Awareness and Reduction Network, called it deeply flawed.

"We feel there's a hundred lawsuits in that bill," Warren said. "It needs to be overhauled or it needs to be killed."

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Sask. Party pledges 10% rebate on SaskPower electricity bills

SaskPower 10% Electricity Rebate promises one-year bill relief for households, farms, businesses, hospitals, schools, and universities in Saskatchewan, boosting affordability amid COVID-19, offsetting rate hikes, and countering carbon tax impacts under Scott Moe's plan.

 

Key Points

One-year 10% SaskPower rebate lowering bills for residents, farms, and institutions, funded by general revenue.

✅ Applies automatically to all customers for 12 months from Dec 2020.

✅ Average savings: $215 residential; $845 farm; broad sector coverage.

✅ Cost $261.6M, paid from the general revenue fund; separate from carbon tax.

 

Saskatchewan Party leader Scott Moe says SaskPower customers can expect a one-year, 10 per cent rebate on electricity if they are elected government.

Moe said the pledge aims to make life more affordable for people, including through lower electricity rates initiatives seen in other provinces. The rate would apply to everyone, including residential customers, farmers, businesses, hospitals, schools and universities.

The plan, which would cost government $261.6 million, expects to save the average residential customer $215 over the course of the year and the average farm customer $845.  

“This is a very equitable way to ensure that we are not only providing that opportunity for those dollars to go back into our economy and foster the economic recovery that we are working towards here, in Saskatchewan, across Canada and around the globe, but it also speaks to the affordability for our Saskatchewan families, reducing the dollars a day off to pay for their for their power bill,” Moe said.

The rebate would be applied automatically to all SaskPower bills for 12 months, starting in December 2020. 

Moe said residential customers who are net metering and generating their own power, such as solar power, would receive a $215 rebate over the 12-month period, which is the equivalent of the average residential rebate.

The $261.6 million in costs would be covered by the government’s general revenue fund.   

The Saskatchewan NDP said the proposed reduction is "a big change in direction from the Sask. Party’s long history of making life more expensive for Saskatchewan families." and recently took aim at a SaskPower rate hike approval as part of that critique.

Trent Wotherspoon, NDP candidate for Regina Rosemont and former finance critic, called the pledge criticized the one year time frame and said Saskatchewan people need long term, reliable affordability, noting that the Ontario-Quebec hydro deal has not reduced hydro bills for consumers. Something, he said, is reflected in the NDP plan.

“We've already brought about announcements that bring about affordability, such as the break on SGI auto insurance that'll happen, year after year after year, affordable childcare which has been already announced and committed to things like a decent minimum wage instead of having the lowest minimum wage in Canada,” Wotherspoon said.

The NDP pointed out SaskPower bills have increased by 57 per cent since 2007 for families with an average household income of $75,000, while Nova Scotia's 14% rate hike was recently approved by its regulator.

It said the average bill for such household was $901 in 2007-08 and is now $1,418 in 2019-20, while in neighbouring provinces Manitoba rate increases of 2.5 per cent annually have also been proposed for three years.

"This is on top of the PST increases that the Sask. Party put on everyday families – costing them more than $700 a year," the NDP said.

Moe took aim at the federal Liberal government’s carbon tax, citing concerns that electricity prices could soar under national policies.

He said if the Saskatchewan government wins its court fight against Ottawa, all SaskPower customers can expect to save an additional $150 million per year, and he questioned the federal 2035 net-zero electricity grid target in that context.

“As it stands right now, the Trudeau government plans to raise the carbon tax from $30 to $40 a tonne on Jan. 1,” Moe said. “Trudeau plans to raise taxes and your SaskPower bill, in the middle of a pandemic.  The Saskatchewan Party will give you a break by cutting your power bill.”

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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Victims of California's mega-fire will sue electricity company

PG&E Wildfire Lawsuit alleges utility negligence, inadequate infrastructure maintenance, and faulty transmission lines, as victims seek compensation. Regulators investigate the blaze, echoing class actions after Victoria's Black Saturday mega-fires and utility oversight failures.

 

Key Points

PG&E Wildfire Lawsuit alleges utility negligence and power line faults, seeking victim compensation amid investigations.

✅ Alleged failure to maintain transmission infrastructure

✅ Spark reports and regulator filings before blaze erupted

✅ Class action parallels with Australia's Black Saturday

 

Victims of California's most destructive wildfire have filed a lawsuit accusing Pacific Gas & Electric Co. of causing the massive blaze, a move that follows the utility's 2018 Camp Fire guilty plea in a separate case.

The suit filed on Tuesday in state court in California accuses the utility of failing to maintain its infrastructure and properly inspect and manage its power transmission lines, amid prior reports that power lines may have sparked fires in California.

The utility's president said earlier the company doesn't know what caused the fire, but is cooperating with the investigation by state agencies, and other utilities such as Southern California Edison have faced wildfire lawsuits in California.

PG&E told state regulators last week that it experienced a problem with a transmission line in the area of the fire just before the blaze erupted.

A landowner near where the blaze began said PG&E notified her the day before the wildfire that crews needed to come onto her property because some wires were sparking, and the company later promoted its wildfire assistance program for victims seeking aid.

A massive class action after Australia's last mega-fire, Victoria's Black Saturday in 2009, saw $688.5 million paid in compensation to thousands of claimants affected by the Kilmore-Kinglake and Murrindindi-Marysville fires, partly by electricity company SP Ausnet, and partly by government agencies, while in California PG&E's bankruptcy plan won support from wildfire victims addressing compensation claims.

 

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Egypt Plans Power Link to Saudis in $1.6 Billion Project

Egypt-Saudi Electricity Interconnection enables cross-border power trading, 3,000 MW capacity, and peak-demand balancing across the Middle East, boosting grid stability, reliability, and energy security through an advanced electricity network, interconnector infrastructure, and GCC grid integration.

 

Key Points

A 3,000 MW grid link letting Egypt and Saudi Arabia trade power, balance peak demand, and boost regional reliability.

✅ $1.6B project; Egypt invests ~$600M; 2-year construction timeline

✅ 3,000 MW capacity; peak-load shifting; cross-border reliability

✅ Links GCC grid; complements Jordan and Libya interconnectors

 

Egypt will connect its electricity network to Saudi Arabia, joining a system in the Middle East that has allowed neighbors to share power, similar to the Scotland-England subsea project that will bring renewable power south.

The link will cost about $1.6 billion, with Egypt paying about $600 million, Egypt’s Electricity Minister Mohamed Shaker said Monday at a conference in Cairo, as the country pursues a smart grid transformation to modernize its network. Contracts to build the network will be signed in March or April, and construction is expected to take about two years, he said. In times of surplus, Egypt can export electricity and then import power during shortages.

"It will enable us to benefit from the difference in peak consumption,” Shaker said. “The reliability of the network will also increase.”

Transmissions of electricity across borders in the Gulf became possible in 2009, when a power grid connected Qatar, Kuwait, Saudi Arabia and Bahrain, a dynamic also seen when Ukraine joined Europe's grid under emergency conditions. The aim of the grid is to ensure that member countries of the Gulf Cooperation Council can import power in an emergency. Egypt, which is not in the GCC, may have been able to avert an electricity shortage it suffered in 2014 if the link with Saudi Arabia existed at the time, Shaker said.

The link with Saudi Arabia should have a capacity of 3,000 megawatts, he said. Egypt has a 450-megawatt link with Jordan and one with Libya at 200 megawatts, the minister said. Egypt will seek to use its strategic location to connect power grids in Asia, where the Philippines power grid efforts are raising standards, and elsewhere in Africa, he said.

In 2009, a power grid linked Qatar, Kuwait, Saudi Arabia and Bahrain, allowing the GCC states to transmit electricity across borders, much like proposals for a western Canadian grid that aim to improve regional reliability. 

 

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Canada Invests Over $960-Million in Renewable Energy and Grid Modernization Projects

Smart Renewables and Electrification Pathways Program enables clean energy and grid modernization across Canada, funding wind, solar, hydro, geothermal, tidal, and storage to cut GHG emissions and accelerate electrification toward a net-zero economy.

 

Key Points

A $964M Canadian program funding clean power and grid upgrades to cut emissions and build net-zero electrified economy.

✅ Funds wind, solar, hydro, geothermal, tidal, and storage projects

✅ Modernizes grids for reliability, digitalization, and resilience

✅ Supports net-zero by 2050 with Indigenous and utility partners

 

Harnessing Canada's immense clean energy resources requires transformational investments to modernize our electricity grid. The Government of Canada is investing in renewable energy and upgrading the electricity grid, moving toward an electric, connected and clean economy, to make clean, affordable electricity options more accessible in communities across Canada.

The Honourable Seamus O'Regan Jr., Minister of Natural Resources, today launched a $964-million program, alongside a recent federal green electricity contract in Alberta that underscores momentum, to support smart renewable energy and grid modernization projects that will lower emissions by investing in clean energy technologies, like wind, solar, storage, hydro, geothermal and tidal energy across Atlantic Canada.

The Smart Renewables and Electrification Pathways Program (SREPs) supports building Canada's low-emissions energy future and a renewable, electrified economy through projects that focus on non-emitting, cleaner energy technologies, such as storage, and modernizing electricity system operations.

Investing in these technologies reduces greenhouse gas emissions by creating a cleaner, more connected electrical system, supporting progress toward zero-emissions electricity by 2035 goals, while helping Canada reach net-zero emissions by 2050.

Minister O'Regan launched the program during the Canadian Electricity Association's (CEA) virtual regulatory forum on Electricity Regulation & the Four Disruptors – Decarbonization, Decentralization, Digitalization and Democratization, highlighting evolving regulatory approaches as B.C. streamlines clean energy approvals to support deployment nationwide. The launch also coincides with Canadian Environment Week, which celebrates Canada's environmental accomplishments and encourages Canadians to contribute to conserving and protecting the environment.

Through SREPs and other programming, the government is working with provinces and territories, with the Prairie Provinces leading renewable growth in the years ahead, utilities, Indigenous partners and others, including diverse businesses and communities, to deliver these clean and reliable energy initiatives. With Canadian innovation, technology and skilled energy workers, we can provide more communities, households and businesses with an increased supply of clean electricity and a cleaner electrical grid.

To help interested stakeholders find information on SREPs, a new webpage has been launched, which includes a comprehensive guide for eligible projects.

This supports Canada's strengthened climate plan, A Healthy Environment and a Healthy Economy. Canada is advancing projects that support the clean grid of the future and seize opportunities in the global electricity market to boost competitiveness. Collectively with investments from the Fall Economic Statement 2020 and Budget 2021, Canada will achieve our climate change commitments and ensure a healthier environment and more prosperous economy for future generations.

 

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Pickering NGS life extensions steer Ontario towards zero carbon horizon

OPG Pickering Nuclear Refurbishment extends four CANDU reactors to bolster Ontario clean energy, grid reliability, and decarbonization goals, leveraging Darlington lessons, mature supply chains, and AtkinsRealis OEM expertise for cost effective life extension.

 

Key Points

Modernizing four Pickering CANDU units to extend life, add clean power, and enhance Ontario grid reliability.

✅ Extends four 515 MW CANDU reactors by 30 years

✅ Supports clean, reliable baseload and decarbonization

✅ Leverages Darlington playbook and AtkinsRealis OEM supply chain

 

In a pivotal shift last month, Ontario Power Generation (OPG) revised its strategy for the Pickering Nuclear Power Station, scrapping plans to decommission its six remaining reactors. Instead, OPG has opted to modernize four reactors (Pickering B Units 5-8) starting in 2027, while Units 1 and 4 are slated for closure by the end of the current year.

This revision ensures the continued operation of the four 515 MW Canada Deuterium Uranium (CANDU) reactors—originally constructed in the 1970s and 1980s—extending their service life by at least 30 more years amid an extension request deadline for Pickering.

Todd Smith, Ontario's Energy Minister, underscored the significance of nuclear power in maintaining Ontario's status as a region with one of the cleanest and most reliable electricity grids globally. He emphasized the integral role of nuclear facilities, particularly the Pickering station, in the provincial energy strategy during the announcement supporting continued operations, which was made in the presence of union workers at the plant.

The Pickering station has demonstrated remarkable efficiency and reliability, notably achieving its second-highest output in 2023 and setting a record in 2022 for continuous operation. Extending the lifespan of nuclear plants like Pickering is deemed the most cost-effective method for sustaining low-carbon electricity, according to research conducted by the International Energy Agency (IEA) and the OECD Nuclear Energy Agency (NEA) across 243 plants in 24 countries.

The refurbishment project is poised to significantly boost Ontario's economy, projected to add CAN$19.4 billion to the GDP over 11 years and generate approximately 11,000 jobs annually. The Independent Electricity System Operator (IESO) has indicated that to meet the province's future electrification and decarbonization goals, as it faces a growing electricity supply gap, Ontario will need to double its nuclear capacity by 2050, requiring an addition of 17.8 GW of nuclear power.

Subo Sinnathamby, OPG's Senior Vice President of Nuclear Refurbishment, emphasized the necessity of nuclear energy in reducing reliance on natural gas. Sinnathamby, who is leading the refurbishment efforts at OPG's Darlington nuclear power station, where SMR plans are also underway, highlighted the positive impact of the Darlington and Bruce Power projects on the nuclear power supply chain and workforce.

The procurement strategy employed for Darlington, which involved placing orders early to ensure readiness among suppliers, is set to be replicated for the Pickering refurbishment. This approach aims to facilitate a seamless transition of skilled workers and resources from Darlington to Pickering refurbishment, leveraging a matured supply chain and experienced vendors.

AtkinsRealis, the original equipment manufacturer (OEM) for CANDU reactors, has a track record of successfully refurbishing CANDU plants worldwide. The CANDU reactor design, known for its refurbishment capabilities, allows for individual replacement of pressure tubes and access to fuel channels without decommissioning the reactor. Gary Rose, Executive Vice-President of Nuclear at AtkinsRealis, highlighted the economic benefits and environmental benefits of refurbishing reactors, stating it as a viable and swift solution to maximize fossil-free energy.

Looking forward, AtkinsRealis is exploring the potential for multiple refurbishments of CANDU reactors, which could extend their operational life beyond 100 years, addressing local energy needs and economic factors in the decision-making process. This innovative approach underscores the role of nuclear refurbishment in meeting global energy demands sustainably and economically.

 

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