Indian companies scouting for overseas coal acquisitions

By Industrial Info Resources


Electrical Testing & Commissioning of Power Systems

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$599
Coupon Price:
$499
Reserve Your Seat Today
Indian power, cement and steel industry majors are scouting for coal acquisitions abroad in a bid to secure coal for their expansion plans in the coming years.

Captive coal mines will also insulate industry majors from fluctuations in coal prices.

At the forefront of the coal rush is the Indian power sector, which currently accounts for 75% to 80% of domestic coal demand. The sector is expected to require about 540 million tons of coal per year by 2013. Demand is likely to surpass domestic supply by at least 60 million tons per year by that time, and the gap is expected to widen to 100 million tons by 2015.

Coal Ventures International Limited (CVIL), promoted by five state-owned companies, has invited expressions of interest from global investment banks for assistance in securing overseas thermal and metallurgical coal mines. CVIL is eyeing strategic investment opportunities in metallurgical, pulverized coal injection and steam coal producing companies in Australia, Canada and the U.S.

It will invest in private equity deals with owners of coal assets in Indonesia, Mozambique, South Africa and Zimbabwe. It will also obtain mining licenses to develop coal mines worldwide. The company has been vested with autonomous powers by the government to clear investment proposals of up to $375 million at the board level.

CVIL is promoted by Coal India Limited, National Mineral Development Corporation Limited, National Thermal Power Corporation Limited, Rashtriya Ispat Nigam Limited and Steel Authority of India Limited.

In March, Reliance Power Limited announced the acquisition of three coal mines in Sumatra, Indonesia, with estimated reserves of 2 billion tons. Gujarat NRE Coke Limited has been operating the NRE Wongawilli Colliery near Wollongong, Australia, since last year when it acquired the mine for $50 million. The company now plans to invest an additional $65 million over the next two years to expand the mines to full production capacity of 2.5 million tons per year by 2011-12.

ETA Star India Projects Private Limited, the Indian subsidiary of the ETA Star Group, has joined hands with PTC India Limited and Infrastructure Leasing and Financial Services to acquire overseas coal assets. PTC has agreed to supply coal to power project developers for an aggregate generation capacity of 5,000 megawatts (MW).

IL&FS wants to ensure coal supplies for its 1,600-MW coal-fired power project in Krishnapatnam, Andhra Pradesh, in which it owns a 50% stake. Last year, the ETA Star Group obtained a coal block in Mozambique. In January 2008, it acquired Bara Energy Makmur (Indonesia), which owns two coal blocks.

Tata Power Company Limited has acquired a 30% stake in PT Kaltim Prima Coal and PT Arutmin, thermal coal producers owned by PT Bumi Resources Tbk for $1.1 billion to feed its upcoming power projects. The imported coal requirement for the 7,000 MW of power projects is estimated to be 21 million tons.

In June 2007, infrastructure major Madhucon Projects Limited acquired an Indonesian coalmine with reserves of 50 million tons. It is reportedly scouting for more acquisitions to secure supplies for its proposed 1,000-MW power plant in the special economic zone on the east coast of India. In April 2008, GMR Group announced its decision to pick up a 5% equity stake in Homeland Mining and Energy SA for $15 million to fuel its power projects in India.

Cement and steel majors are also trying to keep pace with power majors in the frenzy for coal acquisitions overseas. Coal accounts for 27% of the manufacturing costs of cement. Binani Cement Limited is looking to acquire coal mines in Indonesia with reserves of 30 million tons for $60 million. The company incurs annual costs of $100 million in coal imports. The acquired mines will supply lignite coal, which is required for Binani's proposed cement project in Gujarat. UltraTech Cement Limited wants to acquire coal mines in South Africa and Indonesia.

In January, Surana Industries announced that it would acquire a 49% stake in PT Agate Resources for $400 million, which will lease out or acquire mining rights in Indonesia. This will enable Surana to meet power requirements for its upcoming integrated steel complex in Raichur, Karnataka. Surana's steel complex will procure 35 MW of power from a thermal power station and 10 MW of power from waste heat recovery. In May 2008, Tata Steel Limited announced plans to undertake a large-scale expansion of the Carborough Downs mine in Queensland, Australia, in which the company owns a 5% equity stake. The mine is expected to generate 4.9 million tons per year of run-of-mine coal, which will yield 3.7 million tons of coal annually, starting in mid-2009.

Late last year, the company partnered with Riversdale Mining to acquire a 35% stake in a coking-coal-mining project in Mozambique for $88.3 million. It received rights to 40% of the project's output. The mine is estimated to have coal reserves of 1.23 billion tons.

Related News

U.S. Renewable and Clean Energy Industries Set Sights on Market Majority

U.S. Majority Renewables by 2030 targets over half of electricity from wind, solar, hydropower, and energy storage, enabling a resilient, efficient grid, deep carbon reductions, fair market rules, and job growth across regions.

 

Key Points

A joint industry pledge for over 50% U.S. power from wind, solar, hydropower, and storage by 2030.

✅ Joint pledge by AWEA, SEIA, NHA, and ESA for a cleaner grid

✅ Focus on resilience, efficiency, affordability, and fair competition

✅ Storage enables flexibility to integrate variable renewables

 

Within a decade, more than half of the electricity generated in the U.S. will come from clean, renewable resources, with analyses indicating that wind and solar could meet 80% of U.S. electricity demand, supported by energy storage, according to a joint commitment today from the American wind, solar, hydropower, and energy storage industries. The American Wind Energy Association (AWEA), Solar Energy Industries Association (SEIA), National Hydropower Association (NHA), and Energy Storage Association (ESA) have agreed to actively collaborate across their industry segments to achieve this target. 

The four industries have released a set of joint advocacy principles that will enable them to realize this bold vision of a majority renewables grid. Along with increased collaboration, these shared principles include building a more resilient, efficient, sustainable, and affordable grid; achieving carbon reductions; and advancing greater competition through electricity market reforms and fair market rules. Each of these areas is critical to attaining the shared vision for 2030.  

The leaders of the four industry associations gathered to announce the shared vision, aligned with a broader 100% renewables pathway pursued nationwide, during the first CLEANPOWER annual conference for businesses across the renewable and clean energy spectrum. 

American Wind Energy Association 

"This collaborative promise sets the stage to deliver on the American electric grid of the future powered by wind, solar, hydropower, and storage," said Tom Kiernan, CEO of the American Wind Energy Association. "Market opportunities for projects that include a mix of technologies have opened up that didn't exist even a few years ago. And demand is growing for integrated renewable energy options. Individually and cooperatively, these sectors will continue growing to meet that demand and create hundreds of thousands of new jobs to strengthen economies from coast to coast, building a better, cleaner tomorrow. In the face of significant challenges the country is currently facing across pandemic response, economic, climate and social injustice problems, we are prepared to help lead toward a healthier and more equitable future."

Solar Energy Industries Association

"These principles are just another step toward realizing our vision for a Solar+ Decade," said Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association. "In the face of this dreadful pandemic, our nation must chart a path forward that puts a premium on innovation, jobs recovery and a smarter approach to energy generation, reflecting expected solar and storage growth across the market. The right policies will make a growing American economy fueled by clean energy a reality for all Americans."

National Hydropower Association 

"The path towards an affordable, reliable, carbon-free electricity grid, supported by an ongoing grid overhaul for renewables, starts by harnessing the immense potential of hydropower, wind, solar and storage to work together," said Malcolm Woolf, President and CEO of the National Hydropower Association. "Today, hydropower and pumped storage are force multipliers that provide the grid with the flexibility needed to integrate other renewables onto the grid. By adding new generation onto existing non-powered dams and developing 15 GW of new pumped storage hydropower capacity, we can help accelerate the development of a clean energy electricity grid."

Energy Storage Association 

"We are pleased to join forces with our clean energy friends to substantially reduce carbon emissions by 2030, guided by practical decarbonization strategies, building a more resilient, efficient, sustainable, and affordable grid for generations to come," said ESA CEO Kelly Speakes-Backman. "A majority of generation supplied by renewable energy represents a significant change in the way we operate the grid, and the storage industry is a fundamental asset to provide the flexibility that a more modern, decarbonized grid will require. We look forward to actively collaborating with our colleagues to make this vision a reality by 2030."

 

Related News

View more

Renewables are not making electricity any more expensive

Renewables' Impact on US Wholesale Electricity Prices is clear: DOE analysis shows wind and solar, capacity gains, and natural gas lowering rates, shifting daily patterns, and triggering occasional negative pricing in PJM and ERCOT.

 

Key Points

DOE data show wind and solar lower wholesale prices, reshape price curves, and cause negative pricing in markets.

✅ Natural gas price declines remain the largest driver of cheaper power

✅ Wind and solar shift seasonal and time-of-day price patterns

✅ Negative wholesale prices appear near high wind and solar output

 

One of the arguments that's consistently been raised against doing anything about climate change is that it will be expensive. On the more extreme end of the spectrum, there have been dire warnings about plunging standards of living due to skyrocketing electricity prices. The plunging cost of renewables like solar cheaper than gas has largely silenced these warnings, but a new report from the Department of Energy suggests that, even earlier, renewables were actually lowering the price of electricity in the United States.

 

Plunging prices
The report focuses on wholesale electricity prices in the US. Note that these are distinct from the prices consumers actually pay, which includes taxes, fees, payments to support the grid that delivers the electricity, and so on. It's entirely possible for wholesale electricity prices to drop even as consumers end up paying more, and market reforms determine how those changes are passed through. That said, large changes in the wholesale price should ultimately be passed on to consumers to one degree or another.

The Department of Energy analysis focuses on the decade between 2008 and 2017, and it includes an overall analysis of the US market, as well as large individual grids like PJM and ERCOT and, finally, local prices. The decade saw a couple of important trends: low natural gas prices that fostered a rapid expansion of gas-fired generators and the rapid expansion of renewable generation that occurred concurrently with a tremendous drop in price of wind and solar power.

Much of the electricity generated by renewables in this time period would be more expensive than that generated by wind and solar installed today. Not only have prices for the hardware dropped, but the hardware has improved in ways that provide higher capacity factors, meaning that they generate a greater percentage of the maximum capacity. (These changes include things like larger blades on wind turbines and tracking systems for solar panels.) At the same time, operating wind and solar is essentially free once they're installed, so they can always offer a lower price than competing fossil fuel plants.

With those caveats laid out, what does the analysis show? Almost all of the factors influencing the wholesale electricity price considered in this analysis are essentially neutral. Only three factors have pushed the prices higher: the retirement of some plants, the rising price of coal, and prices put on carbon, which only affect some of the regional grids.

In contrast, the drop in the price of natural gas has had a very large effect on the wholesale power price. Depending on the regional grid, it's driven a drop of anywhere from $7 to $53 per megawatt-hour. It's far and away the largest influence on prices over the past decade.

 

Regional variation and negative prices
But renewables have had an influence as well. That influence has ranged from roughly neutral to a cost reduction of $2.2 per MWh in California, largely driven by solar. While the impact of renewables was relatively minor, it is the second-largest influence after natural gas prices, and the data shows that wind and solar are reducing prices rather than increasing them.

The reports note that renewables are influencing wholesale prices in other ways, however. The growth of wind and solar caused the pattern of seasonal price changes to shift in areas of high wind and solar, as seen with solar reshaping prices in Northern Europe as daylight hours and wind patterns shift with the seasons. Similarly, renewables have a time-of-day effect for similar reasons, helping explain why the grid isn't 100% renewable today, which also influences the daily timing price changes, something that's not an issue with fossil fuel power.

A map showing the areas where wholesale electricity prices have gone negative, with darker colors indicating increased frequency.
Enlarge / A map showing the areas where wholesale electricity prices have gone negative, with darker colors indicating increased frequency.

US DOE
One striking feature of areas where renewable power is prevalent is that there are occasional cases in which an oversupply of renewable energy produces negative electricity prices in the wholesale market. (In the least-surprising statement in the report, it concludes that "negative prices in high-wind and high-solar regions occurred most frequently in hours with high wind and solar output.") In most areas, these negative prices are rare enough that they don't have a significant influence on the wholesale price.

That's not true everywhere, however. Areas on the Great Plains see fairly frequent negative prices, and they're growing in prevalence in areas like California, the Southwest, and the northern areas of New York and New England, while negative prices in France have been observed in similar conditions. In these areas, negative wholesale prices near solar plants have dropped the overall price by 3%. Near wind plants, that figure is 6%.

None of this is meant to indicate that there are no scenarios where expanded renewable energy could eventually cause wholesale prices to rise. At sufficient levels, the need for storage, backup plants, and grid management could potentially offset their low costs, a dynamic sometimes referred to as clean energy's dirty secret by analysts. But it's clear we have not yet reached that point. And if the prices of renewables continue to drop, then that point could potentially recede fast enough not to matter.

 

Related News

View more

Egypt's renewable energy to reach 6.6 GW by year-end

Egypt Renewable Energy Expansion targets solar and wind power projects to diversify the energy mix, adding 6.6 GW by 2020 and reaching 8,200 MW, with UK cooperation, grid upgrades, and investment in the electricity sector.

 

Key Points

A plan to boost solar and wind by 6.6 GW by 2020, reaching 8,200 MW and diversifying Egypt's energy mix.

✅ Adds 6.6 GW by 2020; targets 8,200 MW total capacity

✅ Focus on solar, wind, grid upgrades, and investment

✅ UK-Egypt cooperation in electricity sector projects

 

Egypt is planning to expand into renewable energy projects in a bid to increase its contribution to the energy mix, in step with global records being set in renewables, and amid Saudi Arabia’s 60 GW drive in the region, the country’s minister of electricity and renewable energy Mohamed Shaker said.

Renewable power is expected to add 6.6 gigawatts (GW) by the end of 2020, a scale comparable to Saudi wind expansion underway, with plans to reach 8,200 megawatts (MW) after the completion of the renewable energy projects currently under consideration, reflecting gains seen since IRENA’s 2016 record year for renewables, Shaker added in a statement on Tuesday, even as regional challenges persist.

This came during the minister’s video-conference meeting with the British ambassador to Egypt Geoffrey Adams to explore the potential means for cooperation between the two countries in the electricity sector, including lessons from the UK project backlog now affecting investments and from Ireland’s green-electricity goals being pursued.

 

Related News

View more

Electric vehicles are a hot topic in southern Alberta

Canada Electric Vehicle Adoption is accelerating as EV range doubles, fast-charging networks expand along the Trans-Canada Highway, and drivers shift from internal combustion to clean transportation to cut emissions and support climate goals.

 

Key Points

Canada Electric Vehicle Adoption reflects rising EV uptake, longer range, and expanding fast-charging infrastructure.

✅ Average EV range in Canada has nearly doubled in six years.

✅ Fast chargers expanding along Trans-Canada and major corridors.

✅ Gasoline and diesel demand projected to fall sharply by 2040.

 

As green technology for vehicles continues to grow in popularity, with a recent EV event in Regina drawing strong interest, attendance at a seminar in southern Alberta Wednesday showed plenty people want to switch to electric.

FreeU, a series of informal education sessions about electric power and climate change, including electricity vs hydrogen considerations, helped participants to learn more about the world-changing technology.

Also included at the talks was a special electric vehicle meet up, where people interested in the technology could learn about it, first hand, from drivers who've already gone gasless despite EV shortages and wait times in many regions.

"That's kind of a warning or a caution or whatever you want to call it. You get addicted to these things and that's a good example."

James Byrne, a professor of geography at the University of Lethbridge says people are much more willing these days to look to alternatives for their driving needs, though cost remains a key barrier for many.

"The internal combustion engine is on its way out. It served us well, but electric vehicles are much cleaner, aligning with Canada's EV goals set by policymakers today."

According to the Canada Energy Regulator, the average range of electric vehicles in Canada have almost doubled in the past six years.

The agency also predicts a massive decrease in gasoline and diesel use (359 petajoules and 92 petajoules respectively) in Canada by 2040. In that same timeframe, electricity use, even though fossil-fuel share remains, is expected to increase by 118 petajoules.

The country is also developing its network of fast charging stations, so running out of juice will be less of a worry for prospective buyers, even as 2035 EV mandate debate continues among analysts.

"They have just about Interstate in the U.S. covered," Marshall said. "In Canada, they're building out the [Trans-Canada Highway] right now."

 

Related News

View more

China's electric power woes cast clouds on U.S. solar's near-term future

China Power Rationing disrupts the solar supply chain as coal shortages, price controls, and dual-control emissions policy curb electricity, squeezing polysilicon, aluminum, and module production and raising equipment costs amid surging post-Covid industrial demand.

 

Key Points

China's electricity curbs from coal shortages, price caps, and emissions targets disrupt solar output and materials.

✅ Polysilicon and aluminum output cut by power rationing

✅ Coal price spikes and power price caps squeeze generators

✅ Dual-control emissions policy triggers provincial curbs

 

The solar manufacturing supply chain is among the industries being affected by a combination of soaring power demand, coal shortages, and carbon emission reduction measures which have seen widespread power cuts in China.

In Yunnan province, in southwest China, producers of the silicon metal which feeds polysilicon have been operating at 10% of the output they achieved in August. They are expected to continue to do so for the rest of the year as provincial authorities try to control electricity demand with a measure that is also affecting the phosphorus industry.

Fellow solar supply chain members from the aluminum industry in Guangxi province, in the south, have been forced to operate just two days per week, alongside peers in the concrete, steel, lime, and ceramics segments. Manufacturers in neighboring Guangdong have access to normal power supplies only on Fridays and Saturdays with electricity rationed to a 15% grid security load for the rest of the time.

pv magazine USA reported that a Tier 1 solar module manufacturer warned customers in an email that energy shortages in China have forced it to reduce or stop production at its Chinese manufacturing sites. The company warned the event will also affect output from its downstream cell and module production facilities in Southeast Asia.

The memo said that in order to recover from the effects of the “potential Force Majeure event,” it may delay or stop equipment delivery or seek to renegotiate contracts to pass through higher prices.

Raw material sourcing
With reports of drastic power shortages emerging from China in recent days, the country has actually been experiencing problems since late June, and similar pressures have seen India ration coal supplies this year, but rationing is not unusual during the peak summer hours.

What has changed this time is that the outages have continued and prompted rationing measures across 19 of the nation’s provinces for the rest of the year. The problems have been caused by a combination of rising post-Covid electricity demand at a time when the politically-motivated ban on imports of Australian coal has tightened supply; and the manner in which Beijing controls power prices, with the situation further exacerbated by carbon emissions reduction policy.

Demand
Electricity demand from industry, underscoring China’s electricity appetite, was 13.5 percentage points higher in the first eight months of the year than in the same period of 2020, at 3,585 TWh. That reflected a 13.8% year-on-year rise in total consumption, following earlier power demand drops when coronavirus shuttered plants, to 5.47 PWh, according to data from state energy industry trade body the China Electricity Council.

Figures produced by the China General Administration of Customs tell the same story: a rebound driven by the global recovery from the pandemic, as global power demand surges above pre-pandemic levels, with China recording import and export trade worth RMB2.48 trillion ($385 billion) in January-to-August. That was up 23.7% on the same period of last year and 22.8% higher than in the first eight months of 2019.

With Beijing having enforced an unofficial ban on imports of Australian coal for the last year or so – as the result of an ongoing diplomatic spat with Australia – rising demand for coal (which provided around 73% of Chinese electricity in the first half of the year) has further raised prices for the fossil fuel.

The problem for Chinese coal-fired power generators is that Beijing maintains strict controls on the price of electricity. As a result, input costs cannot be passed on to consumers. The mismatch between a liberalized coal market and centrally controlled end-user prices is illustrated by the current situation in Guangdong. There, a coal price of RMB1,560 per ton ($242) has pushed the cost of coal-fired electricity up to RMB0.472 per kilowatt-hour ($0.073). With coal power companies facing an electricity price ceiling of around RMB0.463/kWh ($0.071), generators are losing around RMB0.12 for every kilowatt-hour they generate. In that situation, rationing electricity supplies is an obvious remedy.

The crisis has been worsened by the introduction of China’s “dual control” energy policy, which aims to help meet President Xi Jinping’s climate change pledge of hitting peak carbon emissions this decade and a net zero economy by 2060, and to reduce coal power production over time. Dual control refers to attempts to wind down greenhouse gas emissions at both a national level and in more local areas, such as provinces and cities.

Red status
With the finer details of the carbon reduction policy yet to be ironed out, government departments and provincial and city authorities have started to set their own emission-reduction targets. In mid-August, state planning body the China National Development and Reform Commission (NDRC) published a table of the energy control situation across the nation. With nine provinces marked red for their energy consumption, and a further 10 highlighted as yellow, officials received another motivation to introduce power rationing.

China’s solar industry is being impacted by coal shortages for electric power generation. In this 2014 photo, a thermal generating plant’s cooling towers loom over a street in Henan Province.
Image: flickr/V.T. Polywoda

The current approach of rolling blackouts seems unlikely to be a sustainable solution, as surging electricity demand strains power systems worldwide, given the damage it could inflict on industry and the resentment it would cause in parts of the nation already preparing for winter.

The choice facing China’s policymakers is whether to ramp up coal supplies to force prices down by using decommissioned domestic supplies and halting the ban on Australian imports, or to raise electricity prices to prompt generators to get the lights back on. While the drawbacks of raising household electricity bills seem obvious, the first approach of using more coal could endanger the nation’s climate change commitments on the even of the COP26 meeting in Glasgow, Scotland, in November. Sources close to the NDRC have suggested the electricity price may be set to rise soon.

GDP
What is clear is the effect the energy crisis is having on the Chinese economy and on the solar supply chain. Leading up to a  national day holiday in China, the coal price in northern China rose to around RMB2,000 per ton ($310), three times higher than at the beginning of the year.

Investment bank China International Capital Corp. blamed the dual control emission reduction policy for the electricity shortages. It predicted a 0.1-0.15 percentage point impact on economic growth in the last quarter of 2021.  Morgan Stanley has put that figure at 1% in the current quarter, if industrial output restrictions continue. And Japan’s Nomura Securities revised down its annual forecast on Chinese growth from 8.2% to 7.7%. It now expects GDP gains in the third and fourth quarters to cool from 5.1% to 4.7%, and from 4.4% to 3%, respectively.

 

Related News

View more

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.”

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

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

Request For Quotation

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