Solar thermal plant buoys investors

By Reuters


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Spain's Industry Minister Miguel Sebastian buoyed hopes in the country's solar power industry just days after announcing a dramatic cut in subsidies.

Madrid recently announced plans to cut by almost 90 percent its subsidies for solar photovoltaic (PV) power after a stampede for support left Madrid with a multi-billion euro liability.

But the cuts will not apply to solar thermal, a technology that concentrates the sun's light to produce heat and steam which in turn drives turbines, rather than producing electricity directly in silicon PV panels.

"It is Spanish companies which are exporting technology to generate this (solar thermal) energy, including to the United States," said Industry Minister Miguel Sebastian.

Sebastian was speaking as work started on a new 50 megawatt plant in the southern town of Ciudad Real, slated to come on line in 2010 and which could power around 30,000 homes.

The Cobra unit of Spanish construction company ACS will build the plant.

"This makes us the standard for clean technology with a great future," he said, suggesting the government was committed to this form of solar power.

Sebastian's comments buoyed hopes among investors, some of whom expect Madrid to cut support for solar thermal from 2010. Shares in Solaria, a Spanish company which makes both solar thermal panels and PV panels, rose more than 25 percent directly as a result of Sebastian's comments, traders said.

Solar thermal, also known as concentrated solar power (CSP), has been slower to take off than other, smaller scale alternative energy technologies such as wind and solar PV, because it requires more up-front investment.

But it may be the next big thing as coal and oil prices rise and because of new subsidy support in hot, sunny countries like Spain, where it works best.

Germany's Solar Millennium helped develop Spain's Andasol 1 solar thermal project, Europe's first such plant, which is due to start power production in October.

"The feed-in tariff (subsidy) in Spain gives a lot of confidence to banks," Henner Gladen, Solar Millennium chief technology officer, told Reuters.

"The next big market will be the United States, once we see the investment tax credit in law, which we expect either end this year or next year," he added, expecting 200 MW or 400 MW units there which would rival the capacity of conventional gas and coal plants.

Other expected markets where subsidies are planned or in operation include Australia, Italy and Greece.

Spain's planned solar PV cut will grant subsidies annually to 100 MW large installations, compared with expected installations this year of at least 1,000 MW. The cap will also allow for 200 MW of smaller, roof-mounted units.

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Is 5G a waste of electricity? Experts say it's complicated

5G Energy Costs highlight base station power consumption, carrier electricity bills, and carbon emissions in China, while advances in energy efficiency, sleep modes, and cooling systems aim to optimize low-latency networks and reduce operational expenses.

 

Key Points

5G energy costs rise with power-hungry base stations, yet per-bit efficiency and sleep modes help cut bills.

✅ 5G base stations use ~4x 4G electricity

✅ Per-bit 5G energy efficiency is ~4x better than 4G

✅ Sleep modes and advanced cooling reduce OPEX and emissions

 

As 5G developers look desperately for a "killer app" to prove the usefulness of the superfast wireless technology, mobile carriers in China are complaining about the high energy cost of 5G signal towers.

And the situation is, according to experts, more complicated than many have thought.

The costly 5G

5G technology can be 10 or more times faster than 4G and significantly more responsive to users' input, but the speed comes at a cost.

A 5G base station consumes "four times more electricity" than its 4G counterpart, said Ding Haiyu, head of wireless and terminals at the China Mobile Research Institute, during a symposium on 5G and carbon neutrality in Beijing, a key focus for countries pursuing a net-zero grid by 2050 worldwide.

But concerning each bit of data transmitted, 5G is four times more energy-efficient than 4G, according to Ding.

This means that mobile carriers should fully occupy their 5G network for as long time as possible, but that can be hard at this moment, as many people are still holding 4G smartphones.

"When the 5G stations are running without people using them, they are really electricity guzzlers," said Zhu Qingfeng, head of power supply design at China Information Technology Designing and Consulting Institute Co., Ltd., who represents China Unicom at the symposium. "Each of the three telecom carrier giants are emitting about ten million tonnes of carbon in the air."

"We have to shut down some 5G base stations at night to reduce emission," he added.

Some utilities are testing fuel cell solutions to keep backup batteries charged much longer, supporting network resilience at lower emissions.

A representative from China Telecom said electricity bills of the nationwide carrier reached a new high of 100 billion yuan (about $15 billion) a year, mirroring the power challenges for utilities as data center demand booms elsewhere.

Getting better

While admitting the excessive cost of 5G, experts at the symposium also agreed that the situation is improving, even as climate pressures on the grid continue to mount.

Ding listed a series of recent technologies that is helping reduce the energy use of 5G, including chips of better process, automatic sleeping and wake-up of base stations and liquid nitrogen-based cooling system, and superconducting cables as part of ongoing upgrades.

"We are aiming at halving the 5G electricity cost to only two times of 4G in two years," Ding said.

Experts also discussed the possibility of making use of 5G's low latency features to help monitoring the electricity grid, thus making the digital grid smarter and more cost effective.

G's energy cost is seen as a hot topic for the incoming World 5G Convention in Beijing in early August, alongside smart grid transformation themes. Stay tuned to CGTN Digital as we bring you the latest news about the convention and 5G technology.
 

 

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Canada and Manitoba invest in new turbines

Manitoba Clean Electricity Investment will upgrade hydroelectric turbines, expand a 230 kV transmission network, and deliver reliable, affordable low-carbon power, reducing greenhouse gas emissions and strengthening grid reliability across Portage la Prairie and Winnipeg River.

 

Key Points

Joint federal-provincial funding to upgrade hydro turbines and build a 230 kV grid, boosting reliable, low-carbon power.

✅ $314M for new turbines at Pointe du Bois (+52 MW capacity)

✅ $161.6M for 230 kV transmission in Portage la Prairie

✅ Cuts Brandon Generating Station emissions by ~37%

 

The governments of Canada and Manitoba have announced a joint investment of $475.6 million to strengthen Manitoba’s clean electricity grid that can support neighboring provinces with clean power and ensure continued supply of affordable and reliable low-carbon energy.

This federal-provincial investment provides $314 million for eight new hydroelectric turbines at the 75 MW Pointe du Bois Generating Station on the Winnipeg River, as well as $161.6 million to build a new 230 kV transmission network in the Portage la Prairie area, bolstering power sales to SaskPower and regional reliability.

The $314 million joint investment in the Pointe du Bois Renewable Energy Project includes $114.1 million from the Government of Canada and nearly $200 million from the Government of Manitoba. The joint investment will enable Manitoba Hydro to replace eight generating units that are at the end of their lifecycle, amid looming new generation needs for the province. The new, more efficient units will increase the capacity of the Pointe du Bois generating station by 52 MW.

The $161.6 million joint investment in the Portage Area Capacity Enhancement project includes $70.9 million from the Government of Canada and $90.6 million from the Government of Manitoba. The joint investment will support the construction of a new transmission line to enhance reliability for customers across southwest Manitoba and help Manitoba Hydro meet increasing demand, with projections that demand could double over the next two decades. By decreasing Manitoba’s reliance on its last grid-connected fossil-fuel generating station, this investment will reduce greenhouse gas emissions at the Brandon Generating Station by about 37%.

The federal government’s total contribution of $184.9 million is provided through the Green Infrastructure Stream of the Investing in Canada Plan, alongside efforts to improve interprovincial grid integration such as NB Power agreements with Hydro-Quebec that strengthen regional reliability. This federal funding is conditional on meeting Indigenous consultation requirements, as well as environmental assessment obligations. Including today’s announcement, the Green Infrastructure Stream has supported 38 infrastructure projects in Manitoba, for a total federal contribution of more than $766.8 million and a total provincial contribution of over $658.4 million.

“A key part of our economic plan is making Canada a clean electricity superpower. Today’s announcement in Manitoba will deliver clean, reliable, and affordable electricity to people and businesses across the province—and we will continue working to expand our clean electricity grid and create great careers for people from coast to coast to coast,” said Deputy Prime Minister and Finance Minister Chrystia Freeland.

The federal government will continue to invest in making Canada a clean electricity superpower, supporting provincial initiatives like Hydro-Quebec's fossil-free strategy that complement these investments to ensure Canadians from coast to coast to coast have the affordable and reliable clean electricity they need today and for generations to come.

“Manitoba Hydro is extremely pleased to be receiving this federal funding through the Green Infrastructure Stream of the Investing in Canada Infrastructure Program. The investments we are making in both these critical infrastructure projects will help provide Manitobans with energy for life and power our province’s economic growth with clean, reliable, renewable hydroelectricity. These projects build on our legacy of investments in renewable energy over the past 100 years, as we work towards a lower carbon future for all Manitobans,” said Jay Grewal, president and chief executive officer of Manitoba Hydro.

About 97% of Manitoba’s electricity is generated from clean hydro, with most of the remaining 3% coming from wind generation. Manitoba’s abundant clean electricity has resulted in Manitobans paying 9.455 ¢/kWh — the second-lowest electricity rate in Canada, though limits on serving new energy-intensive customers have been flagged recently.

 

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NY Governor Cuomo Announces Green New Deal Included in 2019 Executive Budget

New York Green New Deal accelerates clean energy and climate action, targeting carbon neutrality with renewable energy, offshore wind, solar, energy storage, and green jobs while advancing environmental justice and economy-wide decarbonization.

 

Key Points

New York's plan for 100% clean power by 2040 and 70% renewables by 2030, with a just transition and green jobs.

✅ 100% carbon-free electricity by 2040; 70% renewables by 2030

✅ 9,000 MW offshore wind and 3,000 MW energy storage targets

✅ Just transition focuses on jobs, equity, and affordability

 

New York Governor Andrew M. Cuomo announced the Green New Deal, a nation-leading clean energy and jobs agenda that will aggressively put New York State on a path to net-zero electricity and economy-wide carbon neutrality, is included in the 2019 Executive Budget. The landmark plan provides for a just transition to clean energy that spurs growth of the green economy and prioritizes the needs of low- to moderate-income New Yorkers.

"Climate change is a reality, and the consequences of delay are a matter of life and death. We know what we must do. Now we have to have the vision, the courage, and the competence to get it done," Governor Cuomo said. "While the federal government shamefully ignores the reality of climate change and fails to take meaningful action, we are launching the first-in-the-nation Green New Deal to seize the potential of the clean energy economy, set nation's most ambitious goal for carbon-free power, and ultimately eliminate our entire carbon footprint."

During Governor Cuomo's first two terms, New York banned fracking of natural gas, committed to phasing out coal power by 2020, mandated 50 percent renewable power by 2030, and established the U.S. Climate Alliance to uphold the Paris Agreement, reflecting the view that decarbonization is irreversible under a clean energy economy. Under the Reforming the Energy Vision agenda, New York has held the largest renewable energy procurements in U.S. history, solar has increased nearly 1,500 percent, and offshore wind is poised to transform the State's electricity supply to be cleaner and more sustainable. Through Governor Cuomo's Green New Deal, New York will take the bold next steps to secure a clean energy future that protects the environment for generations to come while growing the clean energy economy.

 

100 Percent Clean Power by 2040 Coupled with New Nation-leading Renewable Energy Mandates

The Green New Deal will statutorily mandate New York's power be 100 percent carbon-free by 2040, the most aggressive goal in the United States and five years ahead of a target recently adopted by California state policymakers. The cornerstone of this new mandate is a significant increase of New York's successful Clean Energy Standard mandate from 50 percent to 70 percent renewable electricity by 2030. This globally unprecedented ramp-up of renewable energy will include:

  • Quadrupling New York's offshore wind target to 9,000 megawatts by 2035, up from 2,400 megawatts by 2030
  • Doubling distributed solar deployment to 6,000 megawatts by 2025, up from 3,000 megawatts by 2023
  • More than doubling new large-scale land-based wind and solar resources through the Clean Energy Standard
  • Maximizing the contributions and potential of New York's existing renewable resources
  • Deploying 3,000 megawatts of energy storage by 2030, up from 1,500 megawatts by 2025
  • Develop an Implementation Plan to Make New York Carbon Neutral

The Green New Deal will create the State's first statutory Climate Action Council, comprised of the heads of relevant State agencies and other workforce, environmental justice, and clean energy experts to develop a comprehensive plan to make New York carbon neutral by significantly and cost-effectively reducing emissions from all major sources, including electricity, transportation, buildings, industry, commercial activity, and agriculture. The Climate Action Council will consider a range of possible options, including the feasibility of working with the U.S. Climate Alliance to create a new multistate emissions reduction program that covers all sectors of the economy, including transportation and industry, and exploring ways to leverage the successful Regional Greenhouse Gas Initiative to drive transformational investment in the clean energy economy and support a just transition.

At the national level, a historic climate deal is reshaping incentives and standards for clean energy deployment across the country.

The Green New Deal will also include an ambitious strategy to move New York's statewide building stock to carbon neutrality. The agenda includes:

Advancing legislative changes to strengthen building energy codes and establish appliance efficiency standards

Directing State agencies to ensure that their facilities uphold the strongest energy efficiency and sustainability standards

Developing a Net Zero Roadmap to chart a course to statewide carbon neutrality in buildings

A Multibillion Dollar Green New Deal Investment in the Clean Tech Economy that will Reduce Greenhouse Gas Emissions

Demonstrating New York's immediate commitment to implementing the nation's most ambitious clean energy agenda and creating high-quality clean energy jobs, Governor Cuomo is announcing $1.5 billion in competitive awards to support 20 large-scale solar, wind and energy storage projects across upstate New York. These investments will add over 1,650 megawatts of capacity and generate over 3,800,000 megawatt-hours of renewable energy annually - enough to power nearly 550,000 homes and create over 2,600 short and long-term jobs. Combined with the renewable energy projects previously announced under the Clean Energy Standard, New York has now awarded more than $2.9 billion to 46 projects statewide, enough to power over one million households.

The Green New Deal also includes new investments to jumpstart New York's offshore wind energy industry and support the State's world-leading target of 9,000 megawatts by 2035. New York will invest up to $200 million in port infrastructure to match private sector investment in regional development of offshore wind. This multi-location investment represents the nation's largest infrastructure commitment to offshore wind and solidifies New York's position as the hub of the burgeoning U.S. offshore wind industry.

These new investments build upon a $250 million commitment to electric vehicle infrastructure by the New York Power Authority's EVolve program, $3.5 billion in private investment in distributed solar driven by NYSERDA's NY-Sun program, and NY Green Bank transactions mobilizing nearly $1.75 billion in private capital for clean energy projects.

 

A Just Transition to a Clean Energy Economy

Deliver Climate Justice for Underserved Communities: The Green New Deal will help historically underserved communities prepare for a clean energy future and adapt to climate change by:

Giving communities a seat at the table by codifying the Environmental Justice and Just Transition Working Group into law and incorporating it into the planning process for the Green New Deal's implementation.

Directing the State's low-income energy task force to identify reforms to achieve greater impact of the public energy funds expended each year in order to increase the effect of funds and initiatives that target energy affordability to underserved communities.

Directing each of the State's ten Regional Economic Development Councils to develop an environmental justice strategy for their region.

Finance a Property Tax Compensation Fund to Help Communities Transition to the Clean Energy Economy: Governor Cuomo is introducing legislation to finance the State's $70 million Property Tax Compensation Fund to continue helping communities directly affected by the transition away from dirty and obsolete energy industries and toward the new clean energy economy. Specifically, this funding will protect communities impacted by the retirement of conventional power generation facilities.

Protect Labor Rights: To ensure creation of high-quality clean energy jobs, large-scale renewable energy projects supported by the Green New Deal will require prevailing wage, and the State's offshore wind projects will be supported by a requirement for a Project Labor Agreement.

Develop the Clean Tech Workforce: To prepare New York's workforce for the transition, New York State will take new steps to support workforce development, including establishing a New York State Advisory Council on Offshore Wind Economic and Workforce Development, as well as investing in an offshore wind training center that will provide New Yorkers with the skills and safety training required to construct this clean energy technology in New York.   

Richard Kauffman, Chairman of Energy and Finance for New York, said, "Governor Cuomo's Green New Deal will advance New York State further into the clean energy future, and we won't let the Trump Administration push us backwards. Governor Cuomo's new commitments ensure New York is the undisputed national clean energy and climate leader, and we will continue to build upon the foundations of the REV agenda to achieve a sustainable economy and healthy environment for generations of New Yorkers to come."

Alicia Barton, President and CEO, NYSERDA, said, "Climate scientists have made frighteningly clear that averting the worst effects of climate change will require bold action, not incremental steps, and Governor Cuomo's Green New Deal boldly goes where no others have before. His unwavering climate agenda includes the most aggressive clean energy target in U.S. history, the largest commitments to renewable energy and to offshore wind in the nation, a massive mobilization of clean energy jobs and an unprecedented investment in offshore wind port infrastructure. Together these actions make New York the clear national leader in the fight against climate change, and will show the world that New York can and will achieve a clean energy future for the sake of future generations."

DEC Commissioner Basil Seggos said, "The threat of climate change calls for bold action like Governor Cuomo's comprehensive agenda to make New York State carbon neutral. The Green New Deal ensures New York is continuing our nation-leading efforts to capitalize on the economic potential of the clean energy economy, while making sure those most vulnerable to climate change are benefitting from the state's efforts and investments. I look forward to working with my agency and authority partners on the Climate Action Council to develop and implement meaningful solutions to reduce greenhouse gas emissions from all sectors of our economy."  

John B. Rhodes, CEO, Department of Public Service, said, "With this nation-leading Green New Deal, Governor Cuomo puts New York on the path to fully clean electricity and to carbon neutrality with the strongest renewable energy goals in the nation. This will deliver the energy system that New York needs - cost-effective, reliable, and 100% clean.”

 

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California Halts Energy Rebate Program Amid Trump Freeze

California energy rebate freeze disrupts heat pump incentives, HVAC upgrades, and climate funding, as federal uncertainty stalls Inflation Reduction Act support, delaying home electrification, energy efficiency gains, and greenhouse gas emissions reductions statewide.

 

Key Points

A statewide pause on $290M incentives for heat pumps and HVAC upgrades due to federal climate funding uncertainty.

✅ $290M program paused amid federal funding freeze

✅ Heat pump, HVAC, electrification upgrades delayed

✅ Previously approved rebates honored; new apps halted

 

California’s push for a more energy-efficient future has hit a significant roadblock as the state pauses a $290 million rebate program aimed at helping homeowners replace inefficient heating and cooling systems with more energy-efficient alternatives. The California Energy Commission announced the suspension of the program, citing uncertainty stemming from President Donald Trump’s decision to freeze funding for various climate-related initiatives.

The Halted Program

The energy rebate program, which utilizes federal funding to encourage the use of energy-efficient appliances such as heat pumps, was a crucial part of California’s efforts to reduce energy consumption and greenhouse gas emissions. By providing financial incentives for homeowners to upgrade to more efficient heating and cooling systems, the program aimed to make green energy solutions more accessible and affordable to residents. The rebate program had been popular, with many homeowners eager to participate in the initiative to lower their energy costs and improve the sustainability of their homes.

However, due to the uncertainty surrounding federal funding, the California Energy Commission announced on Monday that it would no longer be accepting new applications for the program. The agency did clarify that it would continue to honor rebates for applications that had already been approved. The pause will remain in effect until the Trump administration provides more clarity regarding the program's future funding.

The Trump Administration’s Role

This move highlights a broader issue regarding access to federal funding for state-level energy programs. The Trump administration’s decision to freeze funding for climate-related initiatives has left many states in limbo, as previously approved federal money has not been distributed as expected. Despite federal court rulings directing the Trump administration to restore these funds, states like California are still struggling to navigate the uncertainty of climate-related financial support from the federal government.

California’s decision to pause the rebate program comes after similar actions by other states. Arizona paused a similar program just a week prior, and Rhode Island had already paused new applications earlier this year. These states are all recipients of funding from a larger $4.3 billion initiative under the Inflation Reduction Act, which is designed to help homeowners purchase energy-efficient appliances like heat pumps, water heaters, and electric cooktops.

Impact of the Freeze

The pause of California's rebate program has serious implications for both consumers and the state’s energy goals. For residents, the halt means delays in the ability to upgrade to more energy-efficient home systems, which could lead to higher energy costs in the short term, a concern amid soaring electricity prices across the state.

The $290 million program was a significant step in encouraging homeowners to invest in energy efficiency, and its suspension leaves a gap in the availability of resources for those who were hoping to make energy-saving upgrades. Many of these upgrades are not just beneficial to homeowners, but they also contribute to the state’s overall energy efficiency goals, helping to reduce reliance on non-renewable energy sources, even as California's dependence on fossil fuels persists, and decrease greenhouse gas emissions.

Federal and State Tensions

The freeze in funding is just one of many points of tension between the Trump administration and states like California, which have pursued aggressive environmental policies aimed at reducing emissions and combating climate change. California has often found itself at odds with the federal government on environmental issues, especially under the leadership of President Trump. The state’s ambitious environmental policies have sometimes clashed with the federal government's approach, including efforts to wind down its fossil fuel industry in line with climate goals.

In this case, the freeze on climate-related funding appears to be part of a broader strategy by the Trump administration to limit federal spending on environmental programs, and as regulators weigh whether the state may need more power plants, planning remains complex. While the freeze impacts states that are working to transition to clean energy, critics argue that such moves undermine efforts to tackle climate change and could slow down progress toward a greener future.

The Path Forward

For California, the next steps will depend heavily on the actions of the federal government. While the state can continue to push for climate funding in the courts, the lack of clarity around the release of federal funds creates uncertainty for state programs that rely on these resources. As California continues to navigate this funding freeze, it will need to explore alternative solutions to keep its energy efficiency programs on track, such as efforts to revamp electricity rates to clean the grid, even in the face of federal challenges.

In the meantime, California residents and homeowners who were hoping to take advantage of the rebate program may have to wait until further clarification from the federal government is provided, even as officials warn of a looming electricity shortage in coming years. Whether the program can be restored or expanded in the future remains to be seen, but for now, the pause serves as a reminder of the ongoing struggles that states face when dealing with shifting federal priorities.

As the issue unfolds, other states facing similar challenges may take cues from California’s actions, and with California exporting energy policies to Western states, broader conversations about how federal and state governments can collaborate to ensure that energy efficiency initiatives and climate goals are not sidelined due to political or budgetary differences.

California’s decision to pause its $290 million energy rebate program is a significant development in the ongoing struggle between state and federal governments over climate-related funding. The uncertainty created by the Trump administration’s freeze on energy efficiency programs has led to disruptions in state-level efforts to promote sustainability and reduce emissions. As the situation continues to evolve, both California and other states will need to consider how to move forward without relying on federal funding that may or may not be available in the future.

 

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China to build 2,000-MW Lawa hydropower station on Jinsha River

Lawa Hydropower Station approved on the Jinsha River, a Yangtze tributary, delivers 2,000 MW via four units; 784 ft dam, 12 sq mi reservoir, Sichuan-Tibet site, US$4.59b investment, Huadian stake, renewable energy generation.

 

Key Points

A 2,000 MW dam project on the Jinsha River with four units, a 784 ft barrier, and 8.36 billion kWh annual output.

✅ Sichuan-Tibet junction on the Jinsha River

✅ 2,000 MW capacity; four turbine-generator units

✅ 8.36 bn kWh/yr; US$4.59b total; Huadian 48% stake

 

China has approved construction of the 2,000-MW Lawa hydropower station, a Yangtze tributary hydropower project on the Jinsha River, multiple news agencies are reporting.

Lawa, at the junction of Sichuan province and the Tibet autonomous region, will feature a 784-foot-high dam and the reservoir will submerge about 12 square miles of land. The Jinsha River is a tributary of the Yangtze River, and the project aligns with green hydrogen development in China.

The National Development and Reform Commission of the People’s Republic of China, which also guides China's nuclear energy development as part of national planning, is reported to have said that four turbine-generator units will be installed, and the project is expected to produce about 8.36 billion kWh of electricity annually.

Total investment in the project is to be US$4.59 billion, and Huadian Group Co. Ltd. will have a 48% stake in the project, reflecting overseas power infrastructure activity, with minority stakes held by provincial firms, according to China Daily.

In other recent news in China, Andritz received an order in December 2018 to supply four 350-MW reversible pump-turbines and motor-generators, alongside progress in compressed air generation technologies, for the 1,400-MW ZhenAn pumped storage plant in Shaanxi province.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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