Pacific Power to Convert Coal Mine to Wind

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.”

Related News

• Electricity Forum News

• Energy Policy News

Taltson Hydro Electric Heating directs surplus hydro power in the South Slave to space heat via discounted rates, displacing diesel and cutting greenhouse gas emissions, with rebates, separate metering, and backup systems shaping adoption.

Key Points

An initiative using Taltson's surplus hydro to heat buildings, discount rates replace diesel and cut emissions.

✅ 6.3 cents/kWh heating rate needs separate metering, backup heat

✅ 4-6 MW surplus hydro; outages require diesel; rebates available

✅ Program may be curtailed if new mines or mills demand power

A Northwest Territories green energy advocate says there's an obvious way to expand demand for electricity in the territory's South Slave region without relying on new mining developments — direct it toward heating.

One of the reasons the N.W.T. has always had some of the highest electricity rates in Canada is that a small number of people have to shoulder the huge costs of hydro facilities and power plants.

But some observers point out that residents consume as much energy for heat as they do for conventional uses of electricity, such as lighting and powering appliances. Right now almost all of that heat is generated by expensive oil imported from the United States.

The Northwest Territories Power Corporation says the 18-megawatt Taltson hydro system that serves the South Slave typically has four to six megawatts of excess generating capacity, even as record demand in Yukon is reported. It says using some of that to generate heat is a government priority.

But renewable energy advocate and former N.W.T. MP Dennis Bevington, who lives in the South Slave and heats his home using electricity, says the government is not making it easy for people to tap into that surplus to heat their homes and businesses, a debate that some say would benefit from independent planning at the national level.

Discount rate for heating, but there are catches
The power corporation offers hydro electricity from Taltson to use for heating at a much lower price than it charges for electricity generally. The discounted rate is not available to residential customers.

According to the corporation, consumers pay only 6.3 cents per kilowatt hour compared to the regular rate of just under 24 cents, while Manitoba Hydro financial pressures highlight the risks of expanding demand without new generation.

But to distinguish between the two, users are required to cover the cost of installing a separate power meter. Bevington, who developed the N.W.T.'s first energy strategy, says that is an unnecessary expense.

Taltson expansion key to reducing N.W.T.'s greenhouse gas emissions, says gov't
"The billing is how you control that," he said. "You establish an average electrical use in the winter months. That could be the base rate. Then, if you use power in the winter months above that, you get the discount."

Users are also required to have a back-up heating system. Taltson hydro power offers heating on the understanding that when the hydro system is down — such as during power outages or annual summer maintenance of the hydro system — electricity is not available for heating.
The president and CEO of the power corporation says there's a good reason for that. "The diesels are more expensive to run and they're actually greenhouse gas emitting," said Noel Voykin. "The whole idea of this [electric heat] program is to provide clean energy that is not otherwise being used."

According to the corporation, there have been huge savings for the few who have tapped into the hydro system to heat their buildings, and across Canada utilities are exploring novel generation such as NB Power's Belledune seawater project to diversify supply.

It's being used to heat Aurora College's Breynat Hall, and Joseph B. Tyrrell Elementary School and the transportation department garage in Fort Smith, N.W.T. Electricity is also used to heat the Jackfish power plant in the North Slave region.

The corporation says that during a four-year period, this saved more than 600,000 litres of diesel fuel and reduced greenhouse gas emissions by about 1,700 tonnes.

Bevington says the most obvious place to expand the use of electrical heat is to government housing.

"We have a hundred public housing units in Fort Smith," he said. "The government is putting diesel into those units [for heating] and they could be putting in their own electricity."

Heating a tiny part of energy market
The corporation says it sells only about 2.5 megawatts of electricity for heating each year, which is less than four per cent of the power it sells in the region. It says with some upgrades, another two megawatts of electricity could be made available for electrical heat.

Bevington says the corporation could do more to market electricity for heating. Voykin said that's the government's job. There are three programs that offer rebates to residents and businesses converting to electric heating.

If you build it, will they come? N.W.T. gov't hopes hydro expansion will attract investment
There are better options than billion dollar Taltson expansion, say energy leaders
There may be a reason why the government and the corporation are not more aggressively promoting using surplus electricity in the Taltson system for heating, as large hydro ambitions have reopened old wounds in places like Quebec and Newfoundland and Labrador during recent debates.

It is anticipating that new industrial customers may require that excess capacity in the coming years, and experiences elsewhere show that accommodating new energy-intensive customers can be challenging for utilities. Voykin said those potential new customers include a proposed mine at Pine Point and a pellet mill in Enterprise, N.W.T., even as biomass use faces environmental pushback in some regions.

The corporation says any surplus power in the system will be sold at standard rates to any new industrial customers instead of at discount rates for heating. If that requires cutting back on the heating program, it will be cut back.

Related News

• Electricity Forum News

• Power Generation News

EDF Nuclear Power Price Deal sets a 70 euros/MWh reference price, adds consumer protection if wholesale electricity prices exceed 110 euros/MWh, and outlines taxation mechanisms to shield bills while funding nuclear investment.

Key Points

A government-EDF deal setting 70 euros/MWh with safeguards above 110 euros/MWh to protect consumers.

✅ Reference price fixed at 70 euros/MWh, near EDF costs.

✅ Consumer shield above 110 euros/MWh; up to 90% extra-revenue tax.

✅ Review clauses maintain 70 euros/MWh through market swings.

State-controlled power group EDF and the French government have reached a tentative deal on future nuclear power prices, echoing a new electricity pricing scheme France has floated, a source close to the government said on Monday, ending months of tense negotiations.

The two sides agreed on 70 euros per megawatt hour (MWH) as a reference level for power prices, aligning with EU plans for more fixed-price contracts for consumers, the source said, cautioning that details of the deal are still being finalised.

The negotiations aimed to find a compromise between EDF, which is eager to maximise revenues to fund investments, and the government, keen to keep electricity bills for French households and businesses as low as possible, amid ongoing EU electricity reform debates across the bloc.

EDF declined to comment.

The preliminary deal sets out mechanisms that would protect consumers if power market prices rise above 110 euros/MWH, similar to potential emergency electricity measures being weighed in Europe, the source said, adding that the deal also includes clauses that would provide a price guarantee for EDF.

The 70 euros/MWH agreed reference price level is close to EDF's nuclear production costs, as Europe moves to revamp its electricity market more broadly. The nuclear power produced by the company provides 70% of France's electricity.

The agreement would allow the government to tax EDF's extra revenues at 90% if prices surpass 110 euros/MWH, in order to offset the impact on consumers. It would also enable a review of conditions in case of market fluctuations to safeguard the 70 euro level for EDF, reflecting how rolling back electricity prices is tougher than it appears, the source said.

French wholesale electricity prices are still above 100 euros/MWH, after climbing to 1,200 euros during last year's energy crisis, even as diesel prices have returned to pre-conflict levels.

A final agreement should be officially announced on Tuesday after a meeting between Finance Minister Bruno Le Maire, Energy Transition Minister Agnes Pannier-Runacher and EDF chief Luc Remont.

That meeting will work out the final details on price thresholds and tax rates between the reference level and the upper limit, the source said.

Negotiations between the two sides were so fraught that at one stage they raised questions about the future of EDF chief Luc Remont, who was appointed by President Emmanuel Macron a year ago to turn around EDF.

The group ended 2022 with a 18 billion-euro loss and almost 65 billion euros of net debt, hurt by a record number of reactor outages that coincided with soaring energy prices in the wake of Russia's invasion of Ukraine.

With its output at a 30-year low, EDF was forced to buy electricity on the market to supply customers. The government, meanwhile, imposed a cap on electricity prices, leaving EDF selling power at a discount.

Related News

• Electricity Forum News

• Energy Policy News

Alberta Coal Community Transition Fund backs renewables, natural gas, and economic diversification, offering grants, workforce retraining, and community development to municipalities and First Nations as Alberta phases out coal-fired power by 2030.

Key Points

A provincial grant helping coal-impacted communities diversify, retrain workers, and transition to renewables by 2030.

✅ Grants for municipalities and First Nations

✅ Supports diversification and job retraining

✅ Focus on renewables, natural gas, and new sectors

The Coal Community Transition Fund is open to municipalities and First Nations affected as Alberta phases out coal-fired electricity by 2030 under the federal coal plan to focus on renewables and natural gas.

Economic Development Minister Deron Bilous says the government wants to ensure these communities thrive through the transition, aligning with views that fossil-fuel workers support the energy transition across the economy.

“Residents in our communities have concerns about the transition away from coal, even as discussions about phasing out fossil fuels in B.C. unfold nationally,” Rod Shaigec, mayor of Parkland County, said.

“They also have ideas on how we can mitigate the impacts on workers and diversify our economy, including clean energy partnerships to create new employment opportunities for affected workers. We are working to address those concerns and support their ideas. This funding means we can make those ideas a reality in various economic sectors of opportunity.”

The coal-mining town of Hanna, northeast of Calgary, has already received $450,000 through the program to work on economic diversification, exploring options like bridging the Alberta-B.C. electricity gap that could support new industries.

The application deadline for the coal transition fund is the end of November.

A provincial advisory panel is also expected to report back this fall on ways to create new jobs and retrain workers during the coal phase-out.

Related News

• Electricity Forum News

• Climate Change News

Advanced Nuclear Reactors redefine nuclear energy with SMRs, diverse fuels, passive safety, digital control rooms, and flexible heat and power, pairing veteran operator expertise with cost-efficient, carbon-free electricity for a resilient grid.

Key Points

SMR-based advanced reactors with passive cooling and digital controls deliver flexible power and process heat.

✅ Veteran operators transfer proven safety culture and risk management.

✅ SMRs, passive safety, and digital controls simplify operations.

✅ Flexible output: electricity, process heat, and grid support.

Advanced reactors will break the mold of what we think next-gen nuclear power can accomplish: some will be smaller, some will use different kinds of fuel and others will do more than just make electricity. This new technology may seem like uncharted waters, but when operators, technicians and other workers start up the first reactors of the new generation, they will bring with them years of nuclear experience to run machines that have been optimized with lessons from the current fleet.

While advanced reactors are often portrayed as the future of nuclear energy, and atomic energy is heating up across markets, its our current plants that have paved the way for these exciting innovations and which will be workhorses for years to come.

Reactor Veterans Bring Their Expertise to New Designs

Many of the workers who will operate the next generation of reactors come from a nuclear background. Even though the design of an advanced reactor may be different, the experience and instincts these operators have gained from working at the current fleet will help new plants get off to a more productive start.

They have a questioning attitude; they are always exploring what could go wrong and always understanding the notion of risk management in nuclear operations, whether its the oldest design or the newest design, said Chip Pardee, the president of Terrestrial Energy USA, who is the former chief operating officer at two nuclear utilities, Exelon Corp. and the Tennessee Valley Authority.

They have respect for the technology and a bias towards conservative decision-making.

Jhansi Kandasamy, vice president of engineering at GE Hitachi Nuclear Energy, agrees. She said that the presence of industry veterans will benefit the new modelslike the 300 megawatt boiling water reactor her company is developing.

From the beginning, a new reactor will have people who have touched it, worked on it, and experienced it, she said.

Theyre going to be able to tell you if something doesnt look right, because theyve lived through it.

Experience Informs New Reactor Design

Advanced reactors are designed by engineers who are fully familiar with existing plants and can use that experience to optimize the new ones, like a family building a house and wanting the kitchen just so. New reactors will be simpler to operate because of insights gained from years of operations of the current fleet, and some designs even integrate molten salt energy storage to enhance flexibility.

NuScale Power LLC, for example, has a very different design from the current fleet amid an advanced nuclear push that is reshaping development: up to 12 small reactorsinstead of one or two large reactorsmanaged from a single digital control roominstead of one full of analog switches and dials. When the company designed its control room, it brought in industry veterans who had collectively worked at more than two dozen nuclear plants.

The experts that NuScale brought in critiqued everything, even down to the shape of the symbols on the computer screens to make them easier to read for operators who sometimes need to quickly interpret lots of incoming data. The control panels for NuScales small modular reactor (SMR) present information according to its importance and automatically call up appropriate procedures for operators.

Many advanced reactors are also smaller than those currently operating, which makes their components simpler and less expensive. Kandasamy pointed out that the giant mechanical pumps in todays reactors generate a lot of heat and require a lot of supporting systems, including air conditioning in the rooms that house them.

GE Hitachis SMR design relies more on passive cooling so it needs fewer pumps, and those that remain use magnets, so they generate less heat. Fewer, smaller pumps means a smaller building and less cost.

Advanced Nuclear Will Further the Work of Current Reactors

Advanced reactors promise improved flexibility and the ability to do more kinds of work, including nuclear beyond electricity applications, to displace carbon and stabilize the climate. And they will continue nuclear energys legacy of providing reliable, carbon-free electricity, as a recent new U.S. reactor startup illustrates in practice. As new designs come on line over the next decade, we will continue to rely on operating plants which provide nearly 55 percent of the countrys carbon-free electricity.

The world will need all the carbon-free generation it can get for many years to come, as companies, states and countries aim for zero emissions by mid-century and pursue strategies like the green industrial revolution to accelerate deployment. That means it will need wind, solar, advanced reactors and current plants.

Related News

• Electricity Forum News

• Power Generation News

Canada Tidal Energy Investment drives Nova Scotia's PLAT-I floating tidal array at FORCE, advancing renewable energy, clean electricity, emissions reductions, and green jobs while delivering 9 MW of predictable ocean power to the provincial grid.

Key Points

Federal funding for a floating tidal array delivering 9 MW of clean power in Nova Scotia, cutting annual CO2 emissions.

✅ $28.5M for Sustainable Marine's PLAT-I floating array

✅ Delivers 9 MW to Nova Scotia's grid via FORCE

✅ Cuts 17,000 tonnes CO2 yearly and creates local jobs

Canada has an abundance of renewable energy sources that are helping power our country's clean growth future and the Government of Canada is investing in renewable energy and grid modernization to reduce emissions, create jobs and invigorate local economies in a post COVID-19 pandemic world.

The Honourable Seamus O'Regan, Canada's Minister of Natural Resources, today announced one of Canada's largest-ever investments in tidal energy development — $28.5 million to Sustainable Marine in Nova Scotia to deliver Canada's first floating tidal energy array.

Sustainable Marine developed an innovative floating tidal energy platform called PLAT-I as part of advances in ocean and river power technologies that has undergone rigorous testing on the waters of Grand Passage for nearly two years. A second platform is currently being assembled in Meteghan, Nova Scotia and will be launched in Grand Passage later this year for testing before relocation to the Fundy Ocean Research Centre for Energy (FORCE) in 2021. These platforms will make up the tidal energy array.  

The objective of the project is to provide up to nine megawatts of predictable and clean renewable electricity to Nova Scotia's electrical grid infrastructure. This will reduce greenhouse gas emissions by 17,000 tonnes of carbon dioxide a year while creating new jobs in the province. The project will also demonstrate the ability to harness tides as a reliable source of renewable electricity to power homes, vehicles and businesses.

Tidal energy — a clean, renewable energy source generated by ocean tides and currents, alongside evolving offshore wind regulations that support marine renewables — has the potential to significantly reduce Canada's greenhouse gas emissions and improve local air quality by displacing electricity generated from fossil fuels.

Minister O'Regan made the announcement at the Marine Renewables Canada 2020 Fall Forum, which brings together its members and industry to identify opportunities and strategize a path forward for marine renewable energy sources.

Funding for the project comes from Natural Resources Canada's Emerging Renewables Power Program, part of Canada's more than $180-billion Investing in Canada infrastructure plan for public transit projects, green infrastructure, social infrastructure, trade and transportation routes and Canada's rural and northern communities, as Prairie provinces' renewable growth accelerates nationwide.

Related News

• Electricity Forum News

• Renewable Energy News