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

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Atlantic Canada Hurricane Resilience focuses on climate change adaptation: grid hardening, burying lines, coastline resiliency to sea-level rise, mixed forests, and aggressive tree trimming to reduce outages from hurricane-force winds and post-tropical storms.

Key Points

A strategy to harden grids, protect coasts, and manage forests to limit hurricane damage across Atlantic Canada.

✅ Grid hardening and selective undergrounding to cut outage risk.

✅ Coastal defenses: seawalls, dikes, and shoreline vegetation upgrades.

✅ Mixed forests and proactive tree trimming to reduce windfall damage.

In an era when storms with hurricane-force winds are expected to keep battering Atlantic Canada, experts say the region should make major changes to electrical grids, power utilities and shoreline defences and even the types of trees being planted.

Work continues today to reconnect customers after post-tropical storm Dorian knocked out power to 80 per cent of homes and businesses in Nova Scotia. By early afternoon there were 56,000 customers without electricity in the province, compared with 400,000 at the storm's peak on the weekend, a reminder that major outages can linger long after severe weather.

Recent scientific literature says 35 hurricanes -- not including post-tropical storms like Dorian -- have made landfall in the region since 1850, an average of one every five years that underscores the value of interprovincial connections like the Maritime Link for reliability.

Heavy rains and strong winds batter Shelburne, N.S. on Saturday, Sept. 7, 2019 as Hurricane Dorian approaches, making storm safety practices crucial for residents. (Suzette Belliveau/ CTV Atlantic)

Anthony Taylor, a forest ecologist scientist with Natural Resources Canada, wrote in a recent peer-reviewed paper that climate change is expected to increase the frequency of severe hurricanes.

He says promoting more mixed forests with hardwoods would reduce the rate of destruction caused by the storms.

Erni Wiebe, former director of distribution at Manitoba Hydro, says the storms should cause Atlantic utilities to rethink their view that burying lines is too expensive and to contemplate other long-term solutions such as the Maritime Link that enhance grid resilience.

Blair Feltmate, head of the Intact Centre on Climate Change at the University of Waterloo, says Atlantic Canada should also develop standards for coastline resiliency due to predictions of rising sea levels combining with the storms, while considering how delivery rate changes influence funding timelines.

He says that would mean a more rapid refurbishing of sea walls and dike systems, along with more shoreline vegetation.

Feltmate also calls for an aggressive tree-trimming program to limit power outages that he says "will otherwise continue to plague the Maritimes," while addressing risks like copper theft through better security.

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Adani Electricity Mumbai Power Cuts follow non-payment rules, reflecting billing disputes, regulatory compliance, consumer impact, and affordability concerns, while prompting mitigation measures like flexible payment plans, assistance programs, and clearer communication for residents.

Key Points

AEML cutoffs for unpaid bills per rules, raising affordability worries, billing issues, and calls for flexible aid.

✅ Triggered by unpaid bills under regulatory guidelines

✅ Affordability and billing transparency concerns raised

✅ Mitigation: flexible plans, aid for low-income users

Adani Electricity Mumbai Limited (AEML) recently made headlines by cutting power supply to around 100 homes in Mumbai, sparking discussions about the reasons behind this action and its implications for consumers, especially as reports like the Northeast D.C. outage continue to surface.

Background of the Incident

The power supply disconnections by AEML were reportedly due to non-payment of electricity bills by the affected households. This action, although necessary under AEML's policies and in accordance with regulatory guidelines, has raised concerns about the impact on residents, particularly during challenging economic times when pandemic electricity shut-offs highlighted energy insecurity.

Reasons for Non-Payment

Non-payment of electricity bills can stem from various reasons, including financial hardships, disputes over billing accuracy, or unforeseen circumstances affecting household finances. In Mumbai, where the cost of living is high, utility bills constitute a significant portion of monthly expenses for many households, mirroring trends of rising electricity bills seen elsewhere.

Regulatory and Legal Framework

AEML's decision to disconnect power supply aligns with regulatory provisions governing utility services, which may include emergency disconnection moratoriums in other jurisdictions. Utility companies are mandated to enforce bill payments to maintain operational sustainability and ensure fair distribution of resources among consumers.

Consumer Impact and Response

The power disconnections have prompted reactions from affected residents and consumer advocacy groups, highlighting issues related to affordability, transparency in billing practices, and the need for supportive measures during times of economic distress amid heat-related electricity struggles that pressure vulnerable households.

Mitigation Measures

In response to such incidents, utility companies and regulatory authorities often implement mitigation measures. These may include flexible payment options, financial assistance programs for low-income households, and enhanced communication about billing procedures and payment deadlines, along with policy scrutiny such as utility spending oversight to curb unnecessary costs.

Future Considerations

As cities like Mumbai continue to grow and face challenges related to urbanization and infrastructure development, ensuring reliable and affordable access to essential services like electricity, including efforts to prevent summer power outages, remains a priority. Balancing the operational needs of utility providers with consumer welfare concerns requires ongoing dialogue and proactive measures from all stakeholders.

Conclusion

The power supply cuts by Adani Electricity in Mumbai underscore the complexities of managing utility services in urban centers. While necessary for financial viability and regulatory compliance, such actions also highlight broader issues of affordability and consumer protection. Moving forward, collaborative efforts between utility companies, regulatory authorities, and community stakeholders are essential in addressing these challenges and ensuring equitable access to essential services for all residents.

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Automaker EV Fast-Charging Network will deploy 30,000 DC fast chargers across US and Canada, supporting CCS and NACS, integrating Tesla compatibility, easing range anxiety, and expanding highway and urban charging infrastructure with amenities and uptime.

Key Points

A $1B joint venture by seven automakers to build 30,000 DC fast chargers with CCS and NACS across the US and Canada.

✅ 30,000 DC fast chargers by 2030 across US and Canada

✅ Supports CCS and NACS; Tesla compatibility planned

✅ Launching mid-2024; focus on highways, urban hubs, amenities

Seven major automakers announced a plan on Wednesday to nearly double the number of fast chargers in the United States in an effort to address one of the main reasons that people hesitate to buy electric cars, even as the age of electric cars accelerates.

The carmakers — BMW Group, General Motors, Honda, Hyundai, Kia, Mercedes-Benz Group and Stellantis — will initially invest at least $1 billion in a joint venture that will build 30,000 charging ports on major highways and other locations in the United States and Canada.

The United States and Canada have about 36,000 fast chargers — those that can replenish a drained battery in 30 minutes or less. In some sparsely populated areas, such chargers can be hundreds of miles apart. Surveys show that fear about not being able to find a charger during longer journeys is a major reason that some car buyers are reluctant to buy electric vehicles.

Sales of electric vehicles have risen quickly in the United States as the market hits an inflection point, but there are signs that demand is softening. As a result, Tesla, Ford and other carmakers have cut prices in recent months and are offering incentives. Popular models that had long waiting lists last year are now available in a few days or weeks.

Major carmakers are investing billions of dollars to manufacture electric vehicles and batteries and to establish supplier networks. Having staked their futures on the technology, they have a strong incentive to ensure that electric vehicles catch on with car buyers, even as gas-electric hybrids help bridge the transition.

The chargers installed by the joint venture will have plugs designed for the connections used by most carmakers other than Tesla, as well as the standard developed by Tesla, amid fights for control over charging, that Ford, G.M. and other companies have said they intend to switch to in 2025.

“The better experience people have, the faster E.V. adoption will grow,” Mary T. Barra, the chief executive of General Motors, said in a statement.

The seven automakers plan to formalize the joint venture and announce its name by the end of the year, Chris Martin, a Honda spokesman, said. The first chargers will begin operating around the middle of 2024, he said, with all 30,000 in place by the end of the decade.

The joint venture is open to adding other partners, he said. Among major automakers, Ford was a notable absence from the announcement on Wednesday. The company said in a statement on Wednesday that it would continue to iThe partnership also does not include Volkswagen. The company is a majority shareholder of Electrify America, one of the largest fast-charging providers.

Tesla accounts for more than half the fast chargers in the United States and has said it will open its networks to other car brands, though, so far, it has only made fewer than 100 ports available. Owners of Ford and G.M. vehicles, among others, will be able to connect to 12,000 Tesla fast chargers using an adapter beginning next year. In 2025, Ford and G.M. plan to make models designed to take the Tesla plug without an adapter.

The decision by the seven carmakers to form the joint venture is an indication that they do not intend to rely solely on Tesla, which dominates sales of electric vehicles, for charging.

The chargers being built by the joint venture will be concentrated in urban areas and along major highways, especially those used most heavily by vacationers and other travelers, the companies said in a joint statement. Charging stations will be close to restrooms, restaurants and other amenities. The partners said they would try to take advantage of federal and state funds available for charging infrastructure amid questions about whether the U.S. has the power to charge it at scale.

Most electric vehicle owners charge at home and rarely need to use public chargers. Home chargers typically replenish batteries overnight. Most public chargers, about 125,000 in the United States and Canada, also operate relatively slowly — taking four to 10 hours to do the job.nvest in its own network, which allows Ford owners to charge from a variety of providers with one mobile phone app.

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Calgary Winter Energy Usage Surge highlights soaring electricity demand, added megawatt-hours, and grid reliability challenges driven by extreme cold, heating loads, and climate change, with summer air conditioning also shifting seasonal peaks.

Key Points

A spike in Calgary's power use from extreme cold, adding 22k MWh and testing reliability as heating demand rises.

✅ +22,000 MWh vs Feb 2018 amid fourth-coldest February

✅ Heating loads spike; summer A/C now drives peak demand

✅ Grid reliability monitored; more solar and green resources ahead

February was so cold in Calgary that the city used enough extra energy to power 3,400 homes for a whole year, echoing record-breaking demand in B.C. in 2021 during severe cold.

Enmax Power Corporation, the primary electricity utility in the city, says the city 's energy consumption was up 22,000 megawatt hours last month compared with Februray 2018.

"We've seen through this cold period our system has held up very well. It's been very reliable," Enmax vice-president Andre van Dijk told the Calgary Eyeopener on Friday. "You know, in the absence of a windstorm combined with cold temperatures and that sort of thing, the system has actually held up pretty well."

The past month was the fourth coldest in Calgary's history, and similar conditions have pushed all-time high demand in B.C. in recent years across the West. The average temperature for last month was –18.1 C. The long-term average for February is –5.4 C.

Watching use, predicting issues

The electricity company monitors demand and load on a daily basis, always trying to predict issues before they happen, van Dijk said, and utilities have introduced winter payment plans to help customers manage bills during prolonged cold.

One of the issues they're watching is climate change, and how extreme temperatures and weather affect both the grid's reliability, as seen when Quebec shattered consumption records during cold snaps, and the public's energy use.

The colder it gets, the higher you turn up the heat. The hotter it is, the more you use air conditioning.

He also noted that using fuels then contributes to climate change, creating a cycle.

​"We are seeing variations in temperature and we've seen large weather events across the continent, across the world, in fact, that impact electrical systems, whether that's flooding, as we've experienced here, or high winds, tornadoes," van Dijk said.

"Climate change and changing weather patterns have definitely had had an impact on us as an electrical industry."

In 2012, he said, Calgary switched from using the most power during winter to using the most during summer, in large part due to air conditioning, he said.

"Temperature is a strong influencer of energy consumption and of our demand," van Dijk said.

Christmas tree lights have also become primarily LED, van Dijk said, which cuts down on a big energy draw in the winter.

He said he expects more solar and other green resources will be added into the electrical system in the future to mitigate how much the increasingly levels of energy use impact climate change, and to help moderate electricity costs in Alberta over time.

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California Electricity Rate Hikes strain households as CPUC weighs fixed charges, utility profit caps, and stricter oversight. Wildfire mitigation, transmission upgrades, and aging grid costs push bills higher amid renewable integration and consumer protection debates.

Key Points

California power rates are rising from wildfire mitigation, transmission costs, and grid upgrades under CPUC review.

✅ CPUC mulls fixed charges to stabilize bills and rate design.

✅ Advocates push profit caps; utilities cite investment needs.

✅ Stronger oversight sought to curb waste and boost transparency.

California residents and consumer groups are demanding relief as their electricity bills continue to climb, putting increasing pressure on state regulators to intervene.  A recent op-ed in the San Francisco Chronicle highlights the growing frustration, emphasizing that California already has some of the highest electricity rates in the country, as coverage on why prices are soaring underscores, and these costs are only getting more burdensome.

Factors Driving High Bills

The rising electricity bills are attributed to several factors:

• Wildfire Mitigation and Liability: Utility companies are investing heavily in wildfire prevention measures, such as vegetation management and infrastructure hardening. The costs of these initiatives, along with the increasing financial liabilities associated with wildfire risk, are being passed on to consumers.
• Transmission Costs: California's vast geography and move towards renewable energy sources necessitate significant investments in transmission lines to deliver electricity from remote locations. These infrastructure costs also contribute to higher bills.
• Aging Infrastructure: California's electricity grid is aging and requires upgrades and maintenance, and the expenses associated with these efforts are reflected in consumer rates.

Proposed Solutions and Debates

Consumer advocates and some lawmakers are calling for various actions to address the issue, including a potential revamp of electricity rates to clean the grid:

• Fixed Charge Proposal: The California Public Utilities Commission (CPUC) is considering a proposal to introduce an income-based fixed charge on electricity bills. This change aims to make rates more predictable and encourage investment in renewable energy sources. However, opponents argue that it could disproportionately impact low-income households and discourage conservation.
• Utility Profit Caps: Some advocate for capping utility companies' profits. They believe excessive profits should be returned to customers in the form of lower rates. However, utility companies counter that they need a certain level of profit to invest in infrastructure and maintain a reliable grid.
• Increased Oversight: Consumer groups are calling for stricter oversight of utility company spending, and legislators are preparing to crack down on utility spending through upcoming votes as well. They demand transparency and want to ensure that funds collected from customers are being used for necessary investments and not for lobbying or excessive executive compensation.

Comparisons and National Implications

Similar concerns about rising utility bills are emerging in other parts of the country as more states transition to renewable energy and invest in infrastructure upgrades.

A report by the Energy Information Administration (EIA) shows that average residential electricity rates across the country have been on the rise for the past decade. While California currently ranks amongst the highest, major changes to electric bills are being debated, and other states are following suit, demonstrating the nationwide challenge of balancing affordability with necessary investments.

Uncertain Future

The California Public Utilities Commission is reviewing the fixed charge proposal and is expected to make a decision later this year, with income-based flat-fee utility bills moving closer in the process. The outcome of this decision and potential additional regulatory changes will have significant ramifications for California residents, and some lawmakers plan to overturn income-based charges if adopted, which could set a precedent for how other states handle the rising costs associated with the energy transition.

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