Wisconsin court tosses local wind turbine regulations

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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Juba Power Distribution Expansion accelerates grid rehabilitation in South Sudan, adding concrete poles, medium and low voltage networks, and LED street lighting, funded by AfDB and executed by Power China for reliable, affordable electricity.

Key Points

A project to upgrade Juba's grid with concrete poles, MV-LV networks, and LED lighting for reliable, affordable power.

✅ 13,350 concrete poles produced locally for network rollout

✅ Medium and low voltage network rehabilitation and expansion

✅ LED street lighting and customer care improvements funded by AfDB

The South Sudan government has launched a factory producing concrete poles that will facilitate an ambitious project done by a Chinese company to rehabilitate and expand the Power Distribution System in Juba, its capital.

The Minister of Dams and Electricity, Dhieu Mathok, said that the factory, rented by Power China, will produce some 13,350 poles for the electricity distribution in the capital and other states.

"The main objective of this project is to increase the supply capacity and reliability of the power distribution system in Juba. Access to the grid will replace the use of generators by the population, allow supply of energy at more affordable price and, hence contribute toward economic growth and poverty eradication in South Sudan," Mathok said during the inauguration of the plant along the Yei road in Juba.

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He disclosed that it will help solve the problem associated with non-availability of concrete poles for the project and to mitigate the risk of importing poles from other countries.

"This factory will create positive impact on the construction of the national grid in South Sudan. It is owned by South Sudanese business people but currently it has been taken over by Power China for a brief period of one year," he said.

South Sudan is largely generator driven economy with continued electricity blackout, and across the continent initiatives like Cape Town's municipal power build-out illustrate alternative approaches, in the wake of the collapse of the generator power plant operated by the South Sudan Electricity Corporation (SSEC) in 2013.

Wang Cun, an official with Power China said they got the contract to build the electricity project in June 2016 and that they will continue to support South Sudanese staff with skills and knowledge, drawing on advances such as PEM green hydrogen R&D that point to future low-carbon options, and also work with the government on several major power projects.

"We have achieved much from these projects and we also suffered much from the instability and continuous conflicts all these years, but we confirm and believe the year of 2018 will be a year of peace and development in South Sudan," Wang said, adding that the company has been operating in South Sudan since 2009.

He disclosed that Power China has conducted several projects before South Sudan won independence from Sudan in 2011 such as the peace road project from Renk to Malakal, Maridi water plant and Malakal municipal road projects.

Wang said they will immediately reorganize all necessary resources to increase post-production capacity and immediately shall commence the erection of these poles to all corners of Juba city and start the distribution.

"We shall do as we did before to recruit more local technicians, engineers and laborers during the construction period, so that they are there in place for similar projects in the near future. We shall make more efforts to improve these local staffs' working environment and to realize sustainable development of Power China and Sino-hydro in South Sudan," said Wang.

Power China has been committing itself in the economic development of South Sudan and has signed eight commercial contracts with the government of South Sudan since independence like the Juba-hydro power project and the Tharjiath thermal power plant project, while in China projects such as the Lawa hydropower station demonstrate ongoing hydropower expertise that can inform regional work.

Liu Xiaodong, the Charge d'Affaires at the Chinese embassy in South Sudan, said Power China has been working very hard in the engineering and procurement in the earlier stage of the project, and as China expands energy ties such as nuclear cooperation with Cambodia that demonstrate broader engagement, also thanked the South Sudan government and the African Development Bank for their strong support.

Liu added upon completion Juba will have an upgraded power distribution system with 2,250 lighting points along the main roads in the capital and lamps will be LED ones.

The project falls under the Juba Power Distribution System Rehabilitation and Expansion Project, which was funded by the African Development Bank (AfDB) and has undertaken an AfDB review of a Senegal power plant to inform regional energy decisions.

It comprises of five different lots like Rehabilitation of Diesel plant substation, Rehabilitation and Expansion of medium voltage network, low voltage network, and Rehabilitation and Expansion of street lighting and improvement of customer care.

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Climate Change Consensus and Disinformation highlights the 97% peer-reviewed agreement on human-caused warming, IPCC warnings, and how fossil fuel lobbying, misinformation, and astroturf tactics echo tobacco denial to mislead media and voters.

Key Points

Explains the 97% scientific consensus and the disinformation that obscures IPCC findings and misleads the public.

✅ 97% peer-reviewed consensus on human-caused climate change

✅ Fossil fuel funding drives denial and media misinformation

✅ IPCC and major scientific bodies confirm severe impacts

Orson Johnson says there is no scientific consensus on climate change. He’s wrong. A 2015 study by Drexel University’s Robert Brulle found that nearly $1 billion per year is being spent to support climate change denial. Electric utilities, fossil fuel and transportation sectors outspent environmental and renewable energy sectors by more than 10-to-1, undermining efforts to achieve net-zero electricity emissions globally. It is virtually the same strategy that tobacco companies used to deny the dangers of tobacco smoke, spending hundreds of millions of dollars to delay recognition of harm from tobacco smoke for decades, and today Trump's oil policies can similarly influence Wall Street's energy strategy. These are the same debunked sources Johnson quotes in his commentary.

The authors of six independent peer-reviewed papers on the consensus for human-caused climate change examined “the available studies and conclude that the finding of 97% consensus in published climate research is robust and consistent with other surveys of climate scientists and peer-reviewed studies,” according to an abstract in Environmental Research Letters, and public support for action is strong, with most Americans willing to contribute financially to climate solutions. Of the 30,000 scientists (people with a bachelor’s degree or higher in science) Johnson cites, only 39 specialized in climate science.

A new study by the U.N. Intergovernmental Panel on Climate Change draws on momentum from the Katowice climate summit to warn that “The consequences for nature and humanity are sweeping and severe.”

California’s Office of Planning and Research says: “Every major scientific organization in the United States with relevant expertise has confirmed the IPCC’s conclusion, including the National Academy of Sciences, the American Meteorological Society, the American Geophysical Union, and the American Association for the Advancement of Science. The list of international scientific organizations affirming the worldwide consensus on climate change is even longer.”

Former President Obama argued that decarbonization is irreversible as the clean-energy transition accelerates.

This issue is a symptom of an even larger problem. Recently, Facebook announced it would continue to allow political ads that contain obvious lies. America’s corporate news media has been following the same policy for years. Printing stories and commentary with information that is clearly not true or where data has been cherry-picked to strongly imply a lie, such as claims that Ottawa is making electricity more expensive for Albertans, sets up a false equivalence fallacy in which two incompatible arguments appear to be logically equivalent when, in fact, they are not.

Conservatives focus exclusively on progressive income taxes to argue that rich people pay a disproportionate share of taxes while ignoring that they take a disproportionate share of income, and federal income taxes account for less than half of taxes collected, with almost all of the other taxes being heavily regressive. Critics of single-payer healthcare disregard that almost every other developed country on earth has been using single-payer for decades to provide better care with universal coverage at roughly half the cost. Other examples abound, including recent policy milestones like the historic U.S. climate deal that nevertheless become targets of misinformation. We live in a society where truth is no longer truth, reality is supplanted by alternative facts and where crippling polarization is driven by the inability to agree on basic facts.

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UK Wind Power Record as Storm Malik boosts renewable electricity, with National Grid reporting 19,500 megawatts in Scotland, cutting fossil fuel use and easing market prices on the path toward net zero targets.

Key Points

An all-time peak in UK wind generation, reaching 19,500 MW during Storm Malik, supplying over half of electricity.

✅ Peak: 19,500 MW, over 50% of UK electricity.

✅ Driven by Storm Malik; strongest winds in Scotland.

✅ Lowered market prices; reduced fossil fuel generation.

The UK’s windfarms generated a new record for wind power generation over the weekend as Storm Malik battered parts of Scotland and northern England.

Wind speeds of up to 100 miles an hour recorded in Scotland's wind farms helped wind power generation to rise to a provisional all-time high of more than 19,500 megawatts – or more than half the UK’s electricity – according to data from National Grid.

National Grid’s electricity system operator said that although it recognised the new milestone towards the UK’s ‘net zero’ carbon future, where wind is leading the power mix according to recent analyses, it was “also thinking of those affected by Storm Malik”.

The deadly storm caused widespread disruption over the weekend, leaving thousands without electricity and killing two people.

Many of the areas affected by Storm Malik were also hit in December by Storm Arwen, which caused the most severe disruption to power supplies since 2005, leaving almost a million homes without power for up to 12 days.

The winter storms have followed a summer of low wind power generation across the UK and Europe, even though wind produced more electricity than coal for the first time in 2016, which caused increased use of gas power plants during a global supply shortfall.

Gas markets around the world reached record highs due to rising demand for gas, and UK electricity prices hit a 10-year high as economies have rebounded from the economic shock of the Covid-19 pandemic. In the UK, electricity market prices reached an all-time high of more than £424.60 a megawatt-hour in September, compared with an average price of £44/MWh in the same month the year before.

The UK’s weekend surge in renewable electricity helped to provide a temporary reprieve from its heavy reliance on fossil fuel generation in recent months, and on some days wind has been the main source of UK electricity, which has caused market prices to reach record highs.

The market price for electricity on Saturday fell to £150.59 pounds a megawatt-hour, the lowest level since 3 January, while UK peak power prices have risen with the price for power on Sunday, when wind was expected to fall, jumping to more than £193.50/MWh.

The new wind generation record bettered a high recorded last year when the gusty May bank holiday weekend recorded 17.6GW.

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Manitoba Hydro Rate Increase sets electricity rates up 2.5% annually for three years via Bill 35, bypassing PUB hearings, citing Crown utility debt and pandemic impacts, with legislature debate and a multi-year regulatory review ahead.

Key Points

A government plan to lift electricity rates 2.5% annually over three years via Bill 35, bypassing PUB hearings.

✅ 2.5% annual hikes for three years set in legislation

✅ Bypasses PUB rate hearings during pandemic recovery

✅ Targets Crown utility debt; multi-year review planned

The Manitoba government is planning to raise electricity rates, with Manitoba Hydro scaling back next year, by 2.5 per cent a year over the next three years.

Finance Minister Scott Fielding says the increases, to be presented in a bill before the legislature, are the lowest in a decade and will help keep rates among the lowest in Canada, even as SaskPower's 8% hike draws scrutiny in a neighbouring province.

Crown-owned Manitoba Hydro had asked for a 3.5 per cent increase this year, similar to BC Hydro's 3% rise, to help pay off billions of dollars in debt.

“The way we figured this out, we looked at the rate increases that were approved by PUB (Public Utilities Board) over the last ten years, (and) we went to 75 per cent of that,” Fielding said during a Thursday morning press conference.

“It’s a pandemic, we know that there’s a lot of people that are unemployed, that are struggling, we know that businesses need to recharge after the business (sic), so this will provide them an appropriate break.”

Electricity rates are normally set by the Public Utilities Board, a regulatory body that holds rate hearings and examines the Crown corporation’s finances.

The Progressive Conservative government has temporarily suspended the regulatory process and has set rates itself, while Ontario rate legislation to lower rates moved forward in its jurisdiction.

Manitoba Liberal leader Dougald Lamont was quick to condemn the move, noting parallels to Ontario price concerns before saying in a news release the PCs “are abusing their power and putting Hydro’s financial future at risk by fixing prices in the hope of buying some political popularity.”

“Hydro’s rates should be set by the PUB after public hearings, not figured out on the back of a napkin in the Premier’s office,” Lamont wrote.

Fielding noted the increase would appear as an amendment to Bill 35, which will appear in the legislature this fall, as BC Hydro plans multi-year increases proceed elsewhere.

“All members of the legislative assembly will vote and debate this rate increase on Bill 35,” Fielding said.

“This will give the PUB time to implement reforms, and allow the utilities to prepare a more rigorous, multi-year review application process.”

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Fukushima Hydrogen Energy System leverages a 10,000 kW H2 production hub for grid balancing, demand response, and renewable integration, delivering hydrogen supply across Tohoku while supporting storage, forecasting, and flexible power management.

Key Points

A 10,000 kW H2 project in Namie for grid balancing, renewable integration, and regional hydrogen supply.

✅ 10,000 kW H2 production hub in Namie, Fukushima

✅ Balances renewable-heavy grids via demand response

✅ Supported by NEDO; partners Toshiba, Tohoku Electric, Iwatani

Toshiba Corporation, Tohoku Electric Power Co. and Iwatani Corporation have announced they will construct and operate a large-scale hydrogen (H2) energy system in Japan, based on a 10,000 kilowat class H2 production facility, which reflects advances in PEM hydrogen R&D worldwide.

The system, which will be built in Namie-Cho, Fukushima, will use H2 to offset grid loads and deliver H2 to locations in Tohoku and beyond, while complementary approaches like power-to-gas storage in Europe demonstrate broader storage options, and will seek to demonstrate the advantages of H2 as a solution in grid balancing and as a H2 gas supply.

The product has won a positive evaluation from Japan’s New Energy and Industrial Technology Development Organisation (NEDO), and its continued support for the transition to the technical demonstration phase. The practical effectiveness of the large-scale system will be determined by verification testing in financial year 2020, even as interest grows in nuclear beyond electricity for complementary services.

The main objectives of the partners are to promote expanded use of renewable energy in the electricity grid, including UK offshore wind investment by Japanese utilities, in order to balance supply and demand and process load management; and to realise a new control system that optimises H2 production and supply with demand forecasting for H2.

Hiroyuki Ota, General Manager of Toshiba’s Energy Systems and Solutions Company, said, “Through this project, Toshiba will continue to provide comprehensive H2 solutions, encompassing all processes from the production to utilisation of hydrogen.”

Manager of Tohoku Electric Power Co., Ltd, Mitsuhiro Matsumoto, added, “We will study how to use H2 energy systems to stabilize electricity grids with the aim of increasing the use of renewable energy and contributing to Fukushima.”

Moriyuki Fujimoto, General Manager of Iwatani Corporation, commented, “Iwatani considers that this project will contribute to the early establishment of a H2 economy that draws on our experience in the transportation, storage and supply of industrial H2, and the construction and operation of H2stations.”

Japan’s Ministry of Economy, Trade and Industry’s ‘Long-term Energy Supply and Demand Outlook’ targets increasing the share of renewable energy in Japan’s overall power generation mix from 10.7% in 2013 to 22-24% by 2030. Since output from renewable energy sources is intermittent and fluctuates widely with the weather and season, grid management requires another compensatory power source, as highlighted by a near-blackout event in Japan. The large hydrogen energy system is expected to provide a solution for grids with a high penetration of renewables.

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