Coal powers energy hungry Utah

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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Alberta Energy-Only Electricity Market faces capacity market debate, AESO price cap review, and coal-to-gas shifts by TransAlta and Capital Power, balancing reliability with volatility as investment signals evolve across Alberta's grid.

Key Points

An energy market paying generators only for electricity sold, with AESO oversight and a price cap guiding new capacity.

✅ AESO reviewing $999 per MW-h wholesale price cap.

✅ UCP retained energy-only; capacity market plan cancelled.

✅ TransAlta and Capital Power shift to coal-to-gas.

The Kenney government’s decision to cancel the redesign of Alberta’s electricity system to a capacity market won’t side-track two of the province’s largest power generators from converting coal-fired facilities to burn natural gas as part of Alberta’s shift from coal to cleaner energy overall.

But other changes could be coming to the province’s existing energy-only electricity market — including the alteration of the $999 per megawatt-hour (MW-h) wholesale price cap in Alberta.

The heads of TransAlta Corp. and Capital Power Corp. are proceeding with strategies to convert existing coal-fired power generating facilities to use natural gas in the coming years.

Calgary-based TransAlta first announced in 2017 that it would make the switch, as the NDP government was in the midst of overhauling the electricity sector and wind generation began to outpace coal in the province.

At the time, the Notley government planned to phase out coal-fired power by 2030, even as Alberta moved to retire coal by 2023 in practice, and shift Alberta into an electricity capacity market in 2021.

Such a move, made on the recommendation of the Alberta Electric System Operator (AESO), was intended to reduce price volatility and ensure system reliability.

Under the energy-only market, generators receive payments for electricity produced and sold into the grid. In a capacity market, generators are also paid for having power available on demand, regardless of how often they sell energy into the provincial grid.

The UCP government decided last month to ditch plans for a capacity market after consulting with the sector, saying it would be better for consumers.

On a conference call, TransAlta CEO Dawn Farrell said the company will convert coal-fired generating plants to burn gas, although it may alter the mix between simple conversions and switching to so-called “hybrid” plants.

(A hybrid conversion is a larger and more-expensive switch, as it includes installing a new gas turbine and heat-recovery steam generator, but it creates a highly efficient combined cycle unit.)

“Our view is fundamentally that carbon will be priced over the next 20 years no matter what,” she said Friday.

“We cannot get off coal fast enough in this company, and gas right now in Alberta is extremely inexpensive…

“So our coal-to-gas strategy is completely predicated on our belief that it’s not smart to be in carbon-intensive fuels for the future.”

Elsewhere in Canada, the Stop the Shock campaign has advocated for reviving coal power, underscoring ongoing policy debates.

The company said it’s planning the coal-to-gas conversion and re-powering of some or all of the units at its Keephills and Sundance facilities to gas-fired generation sometime between 2020 and 2023.

Similarly, Capital Power CEO Brian Vaasjo said the Edmonton-based company is moving ahead with a project that will allow it to burn both coal and natural gas at its Genesee generating station, even as Ontario’s energy minister sought to explore a halt to natural gas generation elsewhere.

In June, the company announced it would spend an estimated $50 million between 2019 and 2021 to allow it to use gas at the facility.

“What we’re doing is going to be dual fuel, so we will be able to operate 100 per cent natural gas or 100 per cent coal and everything in between,” Vaasjo said in an interview.

“You can expect to see we will be burning coal in the winter when natural gas prices are high, and we will be burning natural gas in summer when gas prices are real low.”

The transition comes as the government’s decision to stick with the energy-only market has been welcomed by players in the industry, and as Alberta's electricity future increasingly leans on wind resources.

A study by electricity consultancy EDC Associates found the capacity market would result in consumers paying an extra $1.4 billion in direct costs in 2021-22, as it required more generation to come online earlier than expected.

These additional costs would have accumulated to $10 billion by 2030, said EDC chief executive Duane-Reid Carlson.

For Capital Power, the decision to stick with the current system makes the province more investable in the future. Vaasjo said there was great uncertainty about the transition to a capacity market, and the possibility of rules shifting further.

Officials with Enmax Corp. said the city-owned utility would not have invested in future generation under the proposed capacity market.

“There is no short-term need (today) for new generation, so we’re just looking at the market and saying, ‘OK, as it evolves, we will see what happens,’” said Enmax vice-president Tim Boston.

Sticking with the energy-only market doesn’t mean Alberta will keep the existing rules.

In a July 25 letter, Alberta Energy Minister Sonya Savage directed AESO chair Will Bridge to examine if changes to the existing market are needed and report back by July 2020.

AESO, which manages the power grid, has been asked to investigate whether the current price cap of $999 per megawatt-hour (MW-h) should be changed.

The price ceiling hasn’t been altered since the energy-only market was implemented by the Klein government about two decades ago.

While allowing prices to go higher would increase volatility, reflecting lessons from Europe’s power crisis about scarcity pricing, during periods of rising demand and limited supply, it would send a signal to generators when investment in new generation is required, said Kent Fellows, a research associate at the University of Calgary’s School of Public Policy.

“Keeping the price (cap) too low could end up costing us more in the long run,” he said.

In a 2016 report, AESO said the province examined raising the price cap to $5,000 per MW-h, but “determined that it was unlikely to be successful in attracting investment due to increased price volatility.”

However, the amount of future generation that will be required in Alberta has been scaled back by the province.

In the United States, the Electricity Reliability Council of Texas (ERCOT) allows wholesale power prices in the state to climb to a cap of $9,000 per megawatt hours as demand rises — as it did Tuesday in the midst of a heat wave, according to Bloomberg.

Jim Wachowich, legal counsel for the Consumers’ Coalition of Alberta, said while few players are exposed to spot electricity prices, he has yet to be convinced raising the cap would be good for Albertans.

“Someone has to show me the evidence, and I suspect that’s what the minister has asked the AESO to do,” he said.

Generators say they believe some tinkering is needed to the energy-only market to ensure new generation is built when it’s required.

“The No. 1 change that the government has to … think about is in pricing,” added Farrell.

“If you don’t have enough of a price signal in an energy-only market to attract new capital, you won’t get new capital — and you’ll run up against the wall.”

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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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Expanded Hoa Binh Hydropower Plant increases EVN capacity with 480MW turbines, commercial loan financing, grid stability, flood control, and Da River reliability, supported by PECC1 feasibility work and CMSC collaboration on site clearance.

Key Points

A 480MW EVN expansion on the Da River to enhance grid stability, flood control, and seasonal water supply in Vietnam.

✅ 480MW, two turbines, EVN-led financing without guarantees

✅ Improves frequency modulation and national grid stability

✅ Supports flood control and dry-season water supply

The extended Hoa Binh Hydropower Plant, which is expected to break ground in October 2020, is considered the largest power project to be constructed this year, even as Vietnam advances a mega wind project planned for 2025.

Covering an area of 99.2 hectares, the project is invested by Electricity of Vietnam (EVN). Besides, Vietnam Electricity Power Projects Management Board No.1 (EVNPMB1) is the representative of the investor and Power Engineering Consulting JSC 1 (EVNPECC1) is in charge of building the feasibility report for the project. The expanded Hoa Binh Hydro Power Plant has a total investment of VND9.22 trillion ($400.87 million), 30 per cent of which is EVN’s equity and the remaining 70 per cent comes from commercial loans without a government guarantee.

According to the initial plan, EVN will begin the construction of the project in the second quarter of this year and is expected to take the first unit into operation in the third quarter of 2023, a timeline reminiscent of Barakah Unit 1 reaching full power, and the second one in the fourth quarter of the same year.

Chairman of the Committee for Management of State Capital at Enterprises (CMSC) Nguyen Hoang Anh said that in order to start the construction in time, CMSC will co-operate with EVN to work with partners as well as local and foreign banks to mobilise capital, reflecting broader nuclear project milestones across the energy sector.

In addition, EVN will co-operate with Hoa Binh People’s Committee to implement site clearance, remove Ba Cap port and select contractors.

Once completed, the project will contribute to preventing floods in the rainy season and supply water in the dry season. The plant expansion will include two turbines with the total capacity of 480MW, similar in scale to the 525-MW hydropower station China is building on a Yangtze tributary, and electricity output of about 488.3 million kWh per year.

In addition, it will help improve frequency modulation capability and stabilise the frequency of the national electricity system through approaches like pumped storage capacity, and reduce the working intensity of available turbines of the plant, thus prolonging the life of the equipment and saving maintenance and repair costs.

Built in the Da River basin in the northern mountainous province of Hoa Binh, at the time of its conception in 1979, Hoa Binh was the largest hydropower plant in Southeast Asia, while projects such as China’s Lawa hydropower station now dwarf earlier benchmarks.

The construction was supported by the Soviet Union all the way through, designing, supplying equipment, supervising, and helping it go on stream. Construction began in November 1979 and was completed 15 years later in December 1994, when it was officially commissioned, similar to two new BC generating stations recently brought online.

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Manitoba NDP Energy Financing Strategy outlines public ownership of renewables, halts private wind farms, stabilizes hydroelectric rates, and addresses Manitoba Hydro deficits amid drought, export revenue declines, and rising demand for grid reliability.

Key Points

A plan to fund public renewables, pause private wind, and stabilize Manitoba Hydro rates, improving utility finances.

✅ Public ownership favored over private wind contracts

✅ Focus on rate freeze and Manitoba Hydro debt management

✅ Addresses drought impacts, export revenue declines, rising demand

Manitoba's NDP administration has declared its intention to formulate a strategy for financing new energy ventures, following a decision to halt the development of additional private-sector wind farms and to extend a pause on new cryptocurrency connections amid grid pressures. This plan will accompany efforts to stabilize hydroelectric rates and manage the financial obligations of the province's state-operated energy company.

Finance Minister Adrien Sala, overseeing Manitoba Hydro, shared these insights during a legislative committee meeting on Thursday, emphasizing the government's desire for future energy expansions to remain under public ownership, even as Ontario moves to reintroduce renewable energy projects after prior cancellations, and expressing trust in Manitoba Hydro's governance to realize these goals.

This announcement was concurrent with Manitoba Hydro unveiling increased financial losses in its latest quarterly report. The utility anticipates a $190-million deficit for the fiscal year ending in March, marking a $29 million increase from its previous forecast and a significant deviation from an initial $450 million profit expectation announced last spring. Contributing factors to this financial downturn include reduced hydroelectric power generation due to drought conditions, diminished export revenues, and a mild fall season impacting heating demand.

The recent financial update aligns with a period of significant changes at Manitoba Hydro, initiated by the NDP government's board overhaul following its victory over the former Progressive Conservative administration in the October 3 election, and comes as wind projects are scrapped in Alberta across the broader Canadian energy landscape.

Subsequently, the NDP-aligned board discharged CEO Jay Grewal, who had advocated for integrating wind energy from third-party sources, citing competitive wind power trends, to promptly address the province's escalating energy requirements. Grewal's approach, though not unprecedented, sought to offer a quicker, more cost-efficient alternative to constructing new Manitoba Hydro dams, highlighting an imminent energy production shortfall projected for as early as 2029.

The opposition Progressive Conservatives have criticized the NDP for dismissing the wind power initiative without presenting an alternate solution, warning about costly cancellation fees seen in Ontario when projects are halted, and emphasizing the urgency of addressing the predicted energy gap.

In response, Sala reassured that the government is in the early stages of policy formulation, reflecting broader electricity policy debates in Ontario about how to fix the power system, and criticized the previous administration for its inaction on enhancing generation capacity during its tenure.

Manitoba Hydro has named Hal Turner as the acting CEO while it searches for Grewal's successor, following controversies such as Solar Energy Program mismanagement raised by a private developer. Turner informed the committee that the utility is still deliberating on its approach to new energy production and is exploring ways to curb rising demand.

Expressing optimism about collaborating with the new board, Turner is confident in finding a viable strategy to fulfill Manitoba's energy needs in a safe and affordable manner.

Additionally, the NDP's campaign pledge to freeze consumer rates for a year remains a priority, with Sala committing to implement this freeze before the next provincial election slated for 2027.

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U.S. 100% Tariff on Chinese EVs aims to protect domestic manufacturing, counter subsidies, and reshape the EV market, but could raise prices, disrupt supply chains, invite retaliation, and complicate climate policy and trade relations.

Key Points

A 100% import duty on Chinese EVs to boost U.S. manufacturing, counter subsidies, and address supply chain risks.

✅ Protects domestic EV manufacturing and jobs

✅ Counters alleged subsidies and IP concerns

✅ May raise prices, limit choice, trigger retaliation

President Joe Biden's administration recently made headlines with its announcement of a 100% tariff on Chinese electric vehicles (EVs), marking a significant escalation in trade tensions between the two economic powerhouses. The decision, framed as a measure to protect American industries and promote domestic manufacturing, has sparked debates over its potential impact on the EV market, global supply chains, and bilateral relations between the United States and China.

The imposition of a 100% tariff on Chinese-made EVs reflects the Biden administration's broader efforts to revitalize the American automotive industry and promote the transition to electric vehicles as part of its climate agenda and tighter EPA emissions rules that could accelerate adoption. By imposing tariffs on imported EVs, particularly those from China, the administration aims to incentivize domestic production and create jobs in the growing green economy, and to secure critical EV metals through allied supply efforts. Additionally, the tariff is seen as a response to concerns about unfair trade practices, including intellectual property theft and market distortions, allegedly perpetuated by Chinese companies.

However, the announcement has triggered a range of reactions from various stakeholders, with both proponents and critics offering contrasting perspectives on the potential consequences of such a policy. Proponents argue that the tariff will help level the playing field for American automakers, who face stiff competition from Chinese companies benefiting from government subsidies and lower production costs. They contend that promoting domestic manufacturing of EVs will not only create high-quality jobs but also enhance national security by reducing dependence on foreign supply chains at a time when an EV inflection point is approaching.

On the other hand, critics warn that the 100% tariff on Chinese-made EVs could have unintended consequences, including higher prices for consumers, as seen in the UK EV prices and Brexit debate, disruptions to global supply chains, and retaliatory measures from China. Chinese EV manufacturers, such as NIO, BYD, and XPeng, have been gaining momentum in the global market, offering competitive products at relatively affordable prices. The tariff could limit consumer choice at a time when U.S. EV market share dipped in Q1 2024, potentially slowing the adoption of electric vehicles and undermining efforts to combat climate change and reduce greenhouse gas emissions.

Moreover, the tariff announcement comes at a sensitive time for U.S.-China relations, which have been strained by various issues, including trade disputes, human rights concerns, and geopolitical tensions. The imposition of tariffs on Chinese-made EVs could further exacerbate bilateral tensions, potentially leading to retaliatory measures from China and escalating trade frictions. As the world's two largest economies, the United States and China have significant economic interdependencies, and any escalation in trade tensions could have far-reaching implications for global trade and economic stability.

In response to the Biden administration's announcement, Chinese officials have expressed concerns and called for dialogue to resolve trade disputes through negotiation and mutual cooperation. China has also emphasized its commitment to fair trade practices and compliance with international rules and regulations governing trade.

Moving forward, the Biden administration faces the challenge of balancing its domestic priorities with the need to maintain constructive engagement with China and other trading partners, even as EV charging networks scale under its electrification push. While promoting domestic manufacturing and protecting American industries are legitimate policy goals, achieving them without disrupting global trade and undermining diplomatic relations requires careful deliberation and strategic foresight.

In conclusion, President Biden's announcement of a 100% tariff on Chinese-made electric vehicles reflects his administration's commitment to revitalizing American industries and promoting domestic manufacturing. However, the decision has raised concerns about its potential impact on the EV market, global supply chains, and U.S.-China relations. As policymakers navigate these complexities, finding a balance between protecting domestic interests and fostering international cooperation will be crucial to achieving sustainable economic growth and addressing global challenges such as climate change.

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