Report endorses fusion project work

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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National Grid Cybersecurity Component Removal signals NCSC and GCHQ oversight of critical infrastructure, replacing NR Electric and Nari Technology grid control systems to mitigate supply chain risk, cyber threats, and blackout risk.

Key Points

A UK move to remove China-linked grid components after NCSC/GCHQ advice, reducing cyber and blackout risks.

✅ NCSC advice to remove NR Electric components

✅ GCHQ-linked review flags critical infrastructure risks

✅ Aims to cut blackout risk and supply chain exposure

Britain's National Grid has started removing components supplied by a unit of China-backed Nari Technology's from the electricity transmission network over cybersecurity fears, reflecting a wider push on protecting the power grid across critical sectors.

The decision came in April after the utility sought advice from the National Cyber Security Center (NCSC), a branch of the nation's signals intelligence agency, Government Communications Headquarters (GCHQ), amid campaigns like the Dragonfly campaign documented by Symantec, the newspaper quoted a Whitehall official as saying.

National Grid declined to comment citing "confidential contractual matters." "We take the security of our infrastructure very seriously and have effective controls in place to protect our employees and critical assets, while preparing for an independent operator transition in Great Britain, to ensure we can continue to reliably, safely and securely transmit electricity," it said in a statement.

The report said an employee at the Nari subsidiary, NR Electric Company-U.K., had said the company no longer had access to sites where the components were installed, at a time when utilities worldwide have faced control-room intrusions by state-linked hackers, and that National Grid did not disclose a reason for terminating the contracts.

It quoted another person it did not name as saying the decision was based on NR Electric Company-U.K.'s components that help control and balance the grid, respond to work-from-home demand shifts, and minimize the risk of blackouts.

It was unclear whether the components remained in the electricity transmission network, the report said, amid reports of U.S. power plant breaches that have heightened vigilance.

NR Electric Company-U.K., GCHQ and the Chinese Embassy in London did not immediately respond to requests for comment outside of business hours.

Britain's Department for Energy Security and Net Zero said that it did not comment on the individual business decisions taken by private organizations. "As a government department we work closely with the private sector to safeguard our national security, and to support efforts to fast-track grid connections across the network," it said in a statement.
 

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BC Autonomous Vehicle Ban freezes new driverless testing and deployment as BC develops a regulatory framework, prioritizing safety, liability clarity, and road sharing with pedestrians and cyclists while existing pilot projects continue.

Key Points

A moratorium pausing new driverless testing until a safety-first regulatory framework and clear liability rules exist.

✅ Freezes new AV testing and deployment provincewide

✅ Current pilot shuttles continue under existing approvals

✅ Focus on safety, liability, and road-user integration

British Columbia has halted the expansion of fully autonomous vehicles on its roads. The province has announced it will not approve any new applications for testing or deployment of vehicles that operate without a human driver until it develops a new regulatory framework, even as it expands EV charging across the province.

Safety Concerns and Public Questions

The decision follows concerns about the safety of self-driving vehicles and questions about who would be liable in the event of an accident. The BC government emphasizes the need for robust regulations to ensure that self-driving cars and trucks can safely share the road with traditional vehicles, pedestrians, and cyclists, and to plan for infrastructure and power supply challenges associated with electrified fleets.

"We want to make sure that British Columbians are safe on our roads, and that means putting the proper safety guidelines in place," said Rob Fleming, Minister of Transportation and Infrastructure. "As technology evolves, we're committed to developing a comprehensive framework to address the issues surrounding self-driving technology."

What Does the Ban Mean?

The ban does not affect current pilot projects involving self-driving vehicles that already operate in BC, such as limited shuttle services and segments of the province's Electric Highway that support charging and operations.

Industry Reaction

The response from industry players working on autonomous vehicle technology has been mixed, amid warnings of a potential EV demand bottleneck as adoption ramps up. While some acknowledge the need for clear regulations, others express concern that the ban could stifle innovation in the province.

"We understand the government's desire to ensure safety, but a blanket ban risks putting British Columbia behind in the development of this important technology," says a spokesperson for a self-driving vehicle start-up.

Debate Over Self-Driving Technology

The BC ban highlights a larger debate about the future of autonomous vehicles. While proponents point to potential benefits such as improved safety, reduced traffic congestion, and increased accessibility, and national policies like Canada's EV goals aim to accelerate adoption, critics raise concerns about liability, potential job losses in the transportation sector, and the ability of self-driving technology to handle complex driving situations.

BC Not Alone

British Columbia is not the only jurisdiction grappling with the regulation of self-driving vehicles. Several other provinces and states in both Canada and the U.S. are also working to develop clear legal and regulatory frameworks for this rapidly evolving technology, even as studies suggest B.C. may need to double its power output to fully electrify road transport.

The Road Ahead

The path forward for fully autonomous vehicles in BC depends on the government's ability to create a regulatory framework that balances safety considerations with fostering innovation, and align with clean-fuel investments like the province's hydrogen project to support zero-emission mobility.  When and how that framework will materialize remains unclear, leaving the future of self-driving cars in the province temporarily uncertain.

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Pickering Nuclear Generating Station Refurbishment will enable OPG to deliver reliable, clean electricity in Ontario, cut CO2 emissions, support jobs, boost Cobalt-60 medical isotopes supply, and proceed under CNSC oversight alongside small modular reactor leadership.

Key Points

A plan to assess and renew Pickering's B units, extending safe, clean, low-cost power in Ontario for up to 30 years.

✅ Extends zero-emissions baseload by up to 30 years

✅ Requires CNSC approval and rigorous safety oversight

✅ Supports Ontario jobs and Cobalt-60 isotope production

The Ontario government is supporting Ontario Power Generation’s (OPG) continued safe operation of the Pickering Nuclear Generating Station. At the Ontario government’s request, as a formal extension request deadline approaches, OPG reviewed their operational plans and concluded that the facility could continue to safely generate electricity.

“Keeping Pickering safely operating will provide clean, low-cost, and reliable electricity to support the incredible economic growth and new jobs we’re seeing, while building a healthier Ontario for everyone,” said Todd Smith, Minister of Energy. “Nuclear power has been the safe and reliable backbone of Ontario’s electricity system since the 1970s and our government is working to secure that legacy for the future. Our leadership on Small Modular Reactors and consideration of a refurbishment of Pickering Nuclear Generating Station are critical steps on that path.”

Maintaining operations of Pickering Nuclear Generation Station will also protect good-paying jobs for thousands of workers in the region and across the province. OPG, which reported 2016 financial results that provide context for its operations, employs approximately 4,500 staff to support ongoing operation at its Pickering Nuclear Generating Station. In total, there are about 7,500 jobs across Ontario related to the Pickering Nuclear Generating Station.

Further operation of Pickering Nuclear Generating Station beyond September 2026 would require a complete refurbishment. The last feasibility study was conducted between 2006 and 2009. With significant economic growth and increasing electrification of industry and transportation, and a growing electricity supply gap across the province, Ontario has asked OPG to update its feasibility assessment for refurbishing Pickering “B” units at the Nuclear Generating Station, based on the latest information, as a prudent due diligence measure to support future electricity planning decisions. Refurbishment of Pickering Nuclear Generating Station could result in an additional 30 years of reliable, clean and zero-emissions electricity from the facility.

“Pickering Nuclear Generating Station has never been stronger in terms of both safety and performance,” said Ken Hartwick, OPG President and CEO. “Due to ongoing investments and the efforts of highly skilled and dedicated employees, Pickering can continue to safely and reliably produce the clean electricity Ontarians need.”

Keeping Pickering Nuclear Generating Station operational would ensure Ontario has reliable, clean, and low-cost energy, even as planning for clean energy when Pickering closes continues across the system, while reducing CO2 emissions by 2.1 megatonnes in 2026. This represents an approximate 20 per cent reduction in projected emissions from the electricity sector in that year, which is the equivalent of taking up to 643,000 cars off the road annually. It would also increase North America’s supply of Cobalt-60, a medical isotope used in cancer treatments and medical equipment sterilization, by about 10 to 20 per cent.

OPG requires approval from the Canadian Nuclear Safety Commission (CNSC) for its revised schedule. The CNSC, which employs a rigorous and transparent decision-making process, will make the final decision regarding Pickering’s safe operating life, even though the station was slated to close as planned earlier. OPG will continue to ensure the safety of the Pickering facility through rigorous monitoring, inspections, and testing.

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Ontario IESO Accounting Dispute highlights tensions over public sector accounting standards, auditor general oversight, electricity market transparency, KPMG advice, rate-regulated accounting, and an alleged $1.3B deficit understatement affecting Hydro bills and provincial finances.

Key Points

A PSAS clash between Ontario's auditor general and the IESO, alleging a $1.3B deficit impact and transparency failures.

✅ Auditor alleges deficit understated by $1.3B

✅ Dispute over PSAS vs US-style accounting

✅ KPMG support, transparency and co-operation questioned

The bad blood between the Ontario government and auditor general bubbled to the surface once again Monday, with the Liberal energy minister downplaying a dispute between the auditor and the Crown corporation that manages the province's electricity market, even as the government pursued legislation to lower electricity rates in the province.

Glenn Thibeault said concerns raised by auditor general Bonnie Lysyk during testimony before a legislative committee last week aren't new and the practices being used by the Independent Electricity System Operator are commonly endorsed by major auditing firms.

"(Lysyk) doesn't like the rate-regulated accounting. We've always said we've relied on the other experts within the field as well, plus the provincial controller," Thibeault said.

#google#

"We believe that we are following public sector accounting standards."

Thibeault said that Ontario Power Generation, Hydro One and many other provinces and U.S. states use the same accounting practices.

"We go with what we're being told by those who are in the field, like KPMG, like E&Y," he said.

But a statement from Lysyk's office Monday disputed Thibeault's assessment.

"The minister said the practices being used by the IESO are common in other jurisdictions," the statement said.

"In fact, the situation with the IESO is different because none of the six other jurisdictions with entities similar to the IESOuse Canadian Public Sector Accounting Standards. Five of them are in the United States and use U.S. accounting standards."

Lysyk said last week that the IESO is using "bogus" accounting practices and her office launched a special audit of the agency late last year after the agency changed their accounting to be more in line with U.S. accounting, following reports of a phantom demand problem that cost customers millions.

Lysyk said the accounting changes made by the IESO impact the province's deficit, understating it by $1.3 billion as of the end of 2017, adding that IESO "stalled" her office when it asked for information and was not co-operative during the audit.

Lysyk's full audit of the IESO is expected to be released in the coming weeks and is among several accounting disputes her office has been engaged in with the Liberal government over the past few years.

Last fall, she accused the government of purposely obscuring the true financial impact of its 25% hydro rate cut by keeping billions in debt used to finance that plan off the province's books. Lysyk had said she would audit the IESO because of its role in the hydro plan's complex accounting scheme.

"Management of the IESO and the board would not co-operate with us, in the sense that they continually say they're co-operating, but they stalled on giving us information," she said last week.

Terry Young, a vice-president with the IESO, said the agency has fully co-operated with the auditor general. The IESO opened up its office to seven staff members from the auditor's office while they did their work.

"We recognize the work that she's doing and to that end we've tried to fully co-operate," he said. "We've given her all of the information that we can."

Young said the change in accounting standards is about ensuring greater transparency in transactions in the energy marketplace.

"It's consistent with many other independent electricity system operators are doing," he said.

Lysyk also criticized IESO's accounting firm, KPMG, for agreeing with the IESO on the accounting standards. She was critical of the firm billing taxpayers for nearly $600,000 work with the IESO in 2017, compared to their normal yearly audit fee of $86,500.

KPMG spokeswoman Lisa Papas said the accounting issues that IESO addressed during 2017 were complex, contributing to the higher fees.

The accounting practices the auditor is questioning are a "difference of professional judgement," she said.

"The standards for public sector organizations such as IESO are principles-based standards and, accordingly, require the exercise of considerable professional judgement," she said in a statement.

"In many cases, there is more than one acceptable approach that is compliant with the applicable standards."

Progressive Conservative energy critic Todd Smith said the government isn't being transparent with the auditor general or taxpayers, aligning with calls for cleaning up Ontario's hydro mess in the sector.

"Obviously, they have some kind of dispute but the auditor's office is saying that the numbers that the government is putting out there are bogus.

Those are her words," he said. "We've always said that we believe the auditor general's are the true numbers for the
province of Ontario."

NDP energy critic Peter Tabuns said the Liberal government has decided to "play with accounting rules" to make its books look better ahead of the spring election, despite warnings that electricity prices could soar if costs are pushed into the future.

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Cloud Data Centers Environmental Impact highlights massive electricity use, carbon emissions, and cooling demands, with coal-heavy grids in China; big tech shifts to renewable energy, green data centers, and cooler climates to boost sustainability.

Key Points

Energy use, emissions, and cooling load of cloud systems, and shifts to renewables to reduce climate impact.

✅ Global data centers use 3-5% of electricity, akin to airlines

✅ Cooling drives energy demand; siting in cool climates saves power

✅ Shift from coal to renewables lowers CO2 and improves PUE

A hidden environmental price makes storing data in the cloud a costly convenience.

Between 3 to 5% of all electricity used globally comes from data centers that house massive computer systems, with computing power forecasts warning consumption could climb, an amount comparable to the airline industry, says Ben Brock Johnson, Here & Now’s tech analyst.

Instead of stashing information locally on our own personal devices, the cloud allows users to free up storage space by sending photos and files to data centers via the internet.

The cloud can also use large data sets to solve problems and host innovative technologies that make cities and homes smarter, but storing information at data centers uses energy — a lot of it.

"Ironically, the phrase 'moving everything to the cloud' is a problem for our actual climate right now," Johnson says.

A new study from Greenpeace and North China Electric Power University reports that in five years, China's data centers alone will consume as much power as the total amount used in Australia in 2018. The industry's electricity consumption is set to increase by 66% over that time.

Buildings storing data produced 99 million metric tons of carbon last year in China, the study finds, with SF6 in electrical equipment compounding warming impacts, which is equivalent to 21 million cars.

The amount of electricity required to run a data center is a global problem, but in China, 73% of these data centers run on coal, even as coal-fired electricity is projected to fall globally this year.

The Chinese government started a pilot program for green data centers in 2015, which Johnson says signals the country is thinking about the environmental consequences of the cloud.

"Beijing’s environmental awareness in the last decade has really come from a visible impact of its reliance on fossil fuels," he says. "The smog of Chinese cities is now legendary and super dangerous."

The country's solar power innovations have allowed the country to surpass the U.S. in cleantech, he says.

Chinese conglomerate Alibaba Group has launched data centers powered by solar and hydroelectric power.

"While I don't know how committed the government is necessarily to making data centers run on clean technology," Johnson says. "I do think it is possible that a larger evolution of the government's feelings on environmental responsibility might impact this newer tech sector."

In the U.S., there has been a big push to make data centers more sustainable amid warnings that the electric grid is not designed for mounting climate impacts.

Canada has made notable progress decarbonizing power, with nationwide electricity gains supporting cleaner data workloads.

Apple now says all of its data centers use clean energy. Microsoft is aiming for 70% renewable energy by 2023, aligning with declining power-sector emissions as producers move away from coal.

Amazon is behind the curve, for once, with about 50%, Johnson says. Around 1,000 employees are planning to walk out on Sept. 20 in protest of the company’s failure to address environmental issues.

"Environmental responsibility fits the brand identities these companies want to project," he says. "And as large tech companies become more competitive with each other, as Apple becomes more of a service company and Google becomes a device company, they want to convince users more and more to think of them as somehow different even if they aren't."

Google and Facebook are talking about building data centers in cooler places like Finland and Sweden instead of hot deserts like Nevada, he says.

In Canada, cleaning up electricity is critical to meeting climate pledges, according to recent analysis.

Computer systems heat up and need to be cooled down by air conditioning units, so putting a data center in a warm climate will require greater cooling efforts and use more energy.

In China, 40% of the electricity used at data centers goes toward cooling equipment, according to the study.

The more data centers consolidate, Johnson says they can rely on fewer servers and focus on larger cooling efforts.

But storing data in the cloud isn't the only way tech users are unknowingly using large amounts of energy: One Google search requires an amount of electricity equivalent to powering a 60-watt light bulb for 17 seconds, magazine Yale Environment 360 reports.

"In some ways, we're making strides even as we are creating a bigger problem," he says. "Which is like, humanity's MO, I guess."

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