AEP receives approvals to complete separate Ohio assets

By American Electric Power


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COLUMBUS, Ohio – American Electric Power has received all necessary approvals to separate its AEP Ohio-owned generation assets from its Ohio distribution and transmission operations and complete transfer of that generation to AEP’s competitive generation company – AEP Generation Resources Inc. – and regulated affiliates Appalachian Power and Kentucky Power. The company received the final approvals from the Federal Energy Regulatory Commission FERC this week and expects to complete transfer of those assets effective Dec. 31.

“The diligence of our employees and the cooperation of the affected state and federal commissions allowed us to execute our Ohio restructuring plan right on schedule, and we are well-positioned to operate two separate, sustainable businesses with our Ohio assets,” said Nicholas K. Akins, AEP president and chief executive officer. “The majority of AEP’s operations remain regulated, including our Ohio wires businesses, and we’ve consistently demonstrated our ability to successfully operate regulated utilities. The assets in the AEP Generation Resources portfolio are competitively positioned to perform well in the market. We expect our competitive business to be cash-flow positive.”

The FERC accepted AEPÂ’s application to terminate the interconnection agreement, or pool that exists among AEPÂ’s utilities in the Midwest approved a new Power Coordination Agreement among Appalachian Power, Kentucky Power, and Indiana Michigan Power and approved other tariff and financing-related filings. AEPÂ’s applications for the generation transfers were approved by FERC in 2013.

Approximately 11,200 megawatts MW of AEP Ohio-owned generation will be transferred to AEP Generation Resources. AEP OhioÂ’s two-thirds ownership of John E. Amos Plant Unit 3 867 MW will transfer to Appalachian Power, and 50 percent of Mitchell Plant 800 MW will transfer to Kentucky Power. Following the transfers and expected retirements through 2015, AEP Generation Resources expects to own approximately 8,700 MW.

AEP received approval Dec. 13 from the West Virginia Public Service Commission West Virginia PSC for Appalachian Power to acquire AEP OhioÂ’s ownership of Amos Plant Unit 3. The Virginia State Corporation Commission Virginia SCC approved the Amos Unit 3 acquisition July 31.

The Kentucky Public Service Commission approved Kentucky PowerÂ’s acquisition of 50 percent of the Mitchell Plant generation Oct. 7. AEP plans to make additional filings in the first quarter of 2014 to address a deferred decision from the West Virginia PSC on the merger of Wheeling Power into Appalachian Power and the acquisition of the remaining 50 percent of Mitchell Plant by Appalachian Power.

The Virginia SCC approved the Wheeling Power merger but not the transfer of the Mitchell generation to Appalachian Power. Wheeling Power customers will continue to receive generation service through a FERC-approved agreement, which will transfer to AEP Generation Resources effective with the closing of corporate separation Dec. 31.

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Share of coal in UK's electricity system falls to record lows

UK Coal Phase-Out marks record-low coal generation as the UK grid shifts to renewable power, wind farms, and a net zero trajectory, slashing carbon emissions and supporting cleaner EV charging across the electricity system.

 

Key Points

UK Coal Phase-Out ends coal-fired electricity nationwide, powered by renewables and net zero policy to cut grid carbon.

✅ Coal's Q2 share fell to 0.7%, a record low

✅ Renewables up 12% with Beatrice wind farm

✅ EV charging grows cleaner as grid decarbonizes

 

The share of coal in the UK’s electricity system has fallen to record lows in recent months, alongside a coal-free power record, according to government data.

The figures show electricity generated by the UK’s most polluting power plants made up an average of 0.7% of the total in the second quarter of this year, a shift underway since wind first outpaced coal in 2016 across the UK. The amount of coal used to power the electricity grid fell by almost two-thirds compared with the same months last year.

A government spokesperson said coal-generated energy “will soon be a distant memory” as the UK moves towards becoming a net zero emissions economy, despite signs that low-carbon generation stalled in 2019 in some analyses.

“This new record low is a result of our world-leading low-carbon energy industry, which provided more than half of our energy last year and continues to go from strength to strength as we aim to end our contribution to climate change entirely by 2050,” the spokesperson said.

The UK electricity market is on track to end coal power after 142 years by the government’s target date of 2025.

This year three major energy companies have announced plans to close coal-fired power plants in the UK, which would leave only four remaining after the coming winter, ahead of the last coal power station going offline nationwide.

RWE said this month it would close the Aberthaw B power station in south Wales, its last UK coal plant, after the winter. SSE will close the Fiddler’s Ferry plant near Warrington, Cheshire, in March 2020, and EDF Energy will shutter the Cottam coal plant in September.

So far this year the UK has gone more than 3,000 hours without using coal for power, including a full week without coal earlier in the year – nearly five times more than the whole of 2017.

Meanwhile, the government’s data shows that renewable energy climbed by 12% from the second quarter of last year, boosted by the startup of the Beatrice windfarm in the Moray Firth in Scotland, and the UK leading the G20 in wind power share in recent assessments.

The cleaner power system could accelerate carbon savings from the UK’s roads, too, as more drivers opt for electric vehicles. A study by Imperial College London for the energy company Drax found that the UK’s increasingly low-carbon energy system meant electric cars were a greener option even when taking into account the carbon emissions produced by making car batteries.

Dr Iain Staffell, of Imperial College London, said: “An electric vehicle in the UK simply cannot be more polluting than its petrol or diesel equivalent – even when taking into account the upfront carbon cost of manufacturing their batteries. Any EV bought today could be emitting just a tenth of what a petrol car would in as little as five years’ time, as the electricity it uses to charge comes from an increasingly low-carbon mix.”

 

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Cleaning up Canada's electricity is critical to meeting climate pledges

Canada Clean Electricity Standard targets a net-zero grid by 2035, using carbon pricing, CO2 caps, and carbon capture while expanding renewables and interprovincial trade to decarbonize power in Alberta, Saskatchewan, and Ontario.

 

Key Points

A federal plan to reach a net-zero grid by 2035 using CO2 caps, carbon pricing, carbon capture, renewables, and trade.

✅ CO2 caps and rising carbon prices through 2050

✅ Carbon capture required on gas plants in high-emitting provinces

✅ Renewables build-out and interprovincial trade to balance supply

 

A new tool has been proposed in the federal election campaign as a way of eradicating the carbon emissions from Canada’s patchwork electricity system. 

As the country’s need for power grows through the decarbonization of transportation, industry and space heating, the Liberal Party climate plan is proposing a clean energy standard to help Canada achieve a 100% net-zero-electricity system by 2035, aligning with Canada’s net-zero by 2050 target overall. 

The proposal echoes a report released August 19 by the David Suzuki Foundation and a group of environmental NGOs that also calls for a clean electricity standard, capping power-sector emissions, and tighter carbon-pricing regulations. The report, written by Simon Fraser University climate economist Mark Jaccard and data analyst Brad Griffin, asserts that these policies would effectively decarbonize Canada’s electricity system by 2035.

“Fuel switching from dirty fossil fuels to clean electricity is an essential part of any serious pathway to transition to a net-zero energy system by 2050,” writes Tom Green, climate policy advisor to the Suzuki Foundation, in a foreword to the report. The pathway to a net-zero grid is even more important as Canada switches from fossil fuels to electric vehicles, space heating and industrial processes, even as the Canadian Gas Association warns of high transition costs.

Under Jaccard and Griffin’s proposal, a clean electricity standard would be established to regulate CO2 emissions specifically from power plants across Canada. In addition, the plan includes an increase in the carbon price imposed on electricity system releases, combined with tighter regulation to ensure that 100% of the carbon price set by the federal government is charged to electricity producers. The authors propose that the current scheduled carbon price of $170 per tonne of CO2 in 2030 should rise to at least $300 per tonne by 2050.

In Alberta, Saskatchewan, Ontario, New Brunswick and Nova Scotia, the 2030 standard would mean that all fossil-fuel-powered electricity plants would require carbon capture in order to comply with the standard. The provinces would be given until 2035 to drop to zero grams CO2 per kilowatt hour, matching the 2030 standard for low-carbon provinces (Quebec, British Columbia, Manitoba, Newfoundland and Labrador and Prince Edward Island). 

Alberta and Saskatchewan targeted 
Canada has a relatively clean electricity system, as shown by nationwide progress in electricity, with about 80% of the country’s power generated from low- or zero-emission sources. So the biggest impacts of the proposal will be felt in the higher-carbon provinces of Alberta and Saskatchewan. Alberta has a plan to switch from coal-based electric power to natural gas generation by 2023. But Saskatchewan is still working on its plan. Under the Jaccard-Griffin proposal, these provinces would need to install carbon capture on their gas-fired plants by 2030 and carbon-negative technology (biomass with carbon capture, for instance) by 2035. Saskatchewan has been operating carbon capture and storage technology at its Boundary Dam power station since 2014, but large-scale rollout at power plants has not yet been achieved in Canada. 

With its heavy reliance on nuclear and hydro generation, Ontario’s electricity supply is already low carbon. Natural gas now accounts for about 7% of the province’s grid, but the clean electricity standard could pose a big challenge for the province as it ramps up natural-gas-generated power to replace electricity from its aging Pickering station, scheduled to go out of service in 2025, even as a fully renewable grid by 2030 remains a debated goal. Pickering currently supplies about 14% of Ontario’s power. 

Ontario doesn’t have large geological basins for underground CO2 storage, as Alberta and Saskatchewan do, so the report says Ontario will have to build up its solar and wind generation significantly as part of Canada’s renewable energy race, or find a solution to capture CO2 from its gas plants. The Ontario Clean Air Alliance has kicked off a campaign to encourage the Ontario government to phase out gas-fired generation by purchasing power from Quebec or installing new solar or wind power.

As the report points out, the federal government has Supreme Court–sanctioned authority to impose carbon regulations, such as a clean electricity standard, and carbon pricing on the provinces, with significant policy implications for electricity grids nationwide.

The federal government can also mandate a national approach to CO2 reduction regardless of fuel source, encouraging higher-carbon provinces to work with their lower-carbon neighbours. The Atlantic provinces would be encouraged to buy power from hydro-heavy Newfoundland, for example, while Ontario would be encouraged to buy power from Quebec, Saskatchewan from Manitoba, and Alberta from British Columbia.

The Canadian Electricity Association, the umbrella organization for Canada’s power sector, did not respond to a request for comment on the Jaccard-Griffin report or the Liberal net-zero grid proposal.

Just how much more clean power will Canada need? 
The proposal has also kicked off a debate, and an IEA report underscores rising demand, about exactly how much additional electricity Canada will need in coming decades.

In his 2015 report, Pathways to Deep Decarbonization in Canada, energy and climate analyst Chris Bataille estimated that to achieve Canada’s climate net-zero target by 2050 the country will need to double its electricity use by that year.

Jaccard and Griffin agree with this estimate, saying that Canada will need more than 1,200 terawatt hours of electricity per year in 2050, up from about 640 terawatt hours currently.

But energy and climate consultant Ralph Torrie (also director of research at Corporate Knights) disputes this analysis.

He says large-scale programs to make the economy more energy efficient could substantially reduce electricity demand. A major program to install heat pumps and replace inefficient electric heating in homes and businesses could save 50 terawatt hours of consumption on its own, according to a recent report from Torrie and colleague Brendan Haley. 

Put in context, 50 terawatt hours would require generation from 7,500 large wind turbines. Applied to electric vehicle charging, 50 terawatt hours could power 10 million electric vehicles.

While Torrie doesn’t dispute the need to bring the power system to net-zero, he also doesn’t believe the “arm-waving argument that the demand for electricity is necessarily going to double because of the electrification associated with decarbonization.” 

 

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Russian hackers accessed US electric utilities' control rooms

Russian Utility Grid Cyberattacks reveal DHS findings on Dragonfly/Energetic Bear breaching control rooms and ICS/SCADA via vendor supply-chain spear-phishing, threatening blackouts and critical infrastructure across U.S. power utilities through stolen credentials and reconnaissance.

 

Key Points

State-backed ops breaching utilities via vendors to reach ICS/SCADA, risking grid disruption and control-room access.

✅ Spear-phishing and watering-hole attacks on vendor networks

✅ Stolen credentials used to reach isolated ICS/SCADA

✅ Potential to trigger localized blackouts and service disruptions

 

Hackers working for Russia were able to gain access to the control rooms of US electric utilities last year, allowing them to cause blackouts, federal officials tell the Wall Street Journal.

The hackers -- working for a state-sponsored group previously identified as Dragonfly or Energetic Bear -- broke into utilities' isolated networks by hacking networks belonging to third-party vendors that had relationships with the power companies, the Department of Homeland Security said in a press briefing on Monday.

Officials said the campaign had claimed hundreds of victims and is likely continuing, the Journal reported.

"They got to the point where they could have thrown switches" to disrupt the flow power, Jonathan Homer, chief of industrial-control-system analysis for DHS, told the Journal.

"While hundreds of energy and non-energy companies were targeted, the incident where they gained access to the industrial control system was a very small generation asset that would not have had any impact on the larger grid if taken offline," the DHS said in a statement Tuesday. "Over the course of the past year as we continued to investigate the activity, we learned additional information which would be helpful to industry in defending against this threat."

Organizations running the nation's energy, nuclear and other critical infrastructure have become frequent targets for cyberattacks in recent years due to their ability to cause immediate chaos, whether it's starting a blackout or blocking traffic signals. These systems are often vulnerable because of antiquated software and the high costs of upgrading infrastructure.

The report comes amid heightened tension between Russia and the US over cybersecurity, alongside US condemnation of power grid hacking in recent months. Earlier this month, US special counsel Robert Mueller filed charges against 12 Russian hackers tied to cyberattacks on the Democratic National Committee.

Hackers compromised US power utility companies' corporate networks with conventional approaches, such as spear-phishing emails and watering-hole attacks as seen in breaches at power plants across the US that target a specific group of users by infecting websites they're known to visit, the newspaper reported. After gaining access to vendor networks, hackers turned their attention to stealing credentials for access to the utility networks and familiarizing themselves with facility operations, officials said, according to the Journal.

Homeland Security didn't identify the victims, the newspaper reports, adding that some companies may not know they had been compromised because the attacks used legitimate credentials to gain access to the networks.

Cyberattacks on electrical systems aren't an academic matter. In 2016, Ukraine's grid was disrupted by cyberattacks attributed to Russia, which is engaged in territorial disputes with the country over eastern Ukraine and the Crimean peninsula. Russia has denied any involvement in targeting critical infrastructure.

President Donald Trump signed an executive order in May designed to bolster the United States' cybersecurity by protecting federal networks, critical infrastructure and the public online. One section of the order focuses on protecting the grid like electricity and water, as well as financial, health care and telecommunications systems.

The Department of Homeland Security didn't respond to a request for comment.

 

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As California enters a brave new energy world, can it keep the lights on?

California Grid Transition drives decarbonization with renewable energy, EV charging, microgrids, and energy storage, while tackling wildfire risk, aging infrastructure, and cybersecurity threats to build grid resilience and reliability across a rapidly electrifying economy.

 

Key Points

California Grid Transition is the statewide shift to renewables, storage, EVs, and resilient, secure infrastructure.

✅ Integrates solar, wind, storage, and demand response at scale

✅ Expands microgrids and DERs to enhance reliability and resilience

✅ Addresses wildfire, aging assets, and cybersecurity risks

 

Gretchen Bakke thinks a lot about power—the kind that sizzles through a complex grid of electrical stations, poles, lines and transformers, keeping the lights on for tens of millions of Californians who mostly take it for granted.

They shouldn’t, says Bakke, who grew up in a rural California town regularly darkened by outages. A cultural anthropologist who studies the consequences of institutional failures, she says it’s unclear whether the state’s aging electricity network and its managers can handle what’s about to hit it, as U.S. blackout risks continue to mount.

California is casting off fossil fuels to become something that doesn’t yet exist: a fully electrified state of 40 million people. Policies are in place requiring a rush of energy from renewable sources such as the sun and wind and calling for millions of electric cars that will need charging—changes that will tax a system already fragile, unstable and increasingly vulnerable to outside forces.

“There is so much happening, so fast—the grid and nearly everything about energy is in real transition, and there’s so much at stake,” said Bakke, who explores these issues in a book titled simply, “The Grid.”

The state’s task grew more complicated with this week’s announcement that Pacific Gas and Electric, which provides electricity for more than 5 million customer accounts, intends to file for bankruptcy in the face of potentially crippling liabilities from wildfires. But the reshaping of California’s energy future goes far beyond the woes of a single company.

The 19th-century model of one-way power delivery from utility companies to customers is being reimagined. Major utilities—and the grid itself—are being disrupted by rooftops paved with solar panels and the rise of self-sufficient neighborhood mini-grids. Whole cities and counties are abandoning big utilities and buying power from wholesalers and others of their choosing.

With California at the forefront of a new energy landscape, officials are racing to design a future that will not just reshape power production and delivery but also dictate how we get around and how our goods are made. They’re debating how to manage grid defectors, weighing the feasibility of an energy network that would expand to connect and serve much of the West and pondering how to appropriately regulate small power producers.

“We are in the depths of the conversation,” said Michael Picker, president of the state Public Utilities Commission, who cautions that even as the system is being rebooted, like repairing a car while driving in practice, there’s no real plan for making it all work.

Such transformation is exceedingly risky and potentially costly. California still bears the scars of having dropped its regulatory reins some 20 years ago, leaving power companies to bilk the state of billions of dollars it has yet to completely recover. And utility companies will undoubtedly pass on to their customers the costs of grid upgrades to defend against natural and man-made threats.

Some weaknesses are well known—rodents and tree limbs, for example, are common culprits in power outages, even as longer, more frequent outages afflict other parts of the U.S. A gnawing squirrel squeezed into a transformer on Thanksgiving Day three years ago, shutting off power to parts of Los Angeles International Airport. The airport plans to spend $120 million to upgrade its power plant.

But the harsh effects of climate change expose new vulnerabilities. Rising seas imperil coastal power plants. Electricity infrastructure is both threatened by and implicated in wildfires. Picker estimates that utility operations are related to one in 10 wildland fires in California, which can be sparked by aging equipment and winds that send tree branches crashing into power lines, showering flammable landscapes with sparks.

California utilities have been ordered to make their lines and equipment more fire-resistant as they’re increasingly held accountable for blazes they cause. Pacific Gas and Electric reported problems with some of its equipment at a starting point of California’s deadliest wildfire, which killed at least 86 people in November in the town of Paradise. The cause of the fire is under investigation.

New and complex cyber threats are more difficult to anticipate and even more dangerous. Computer hackers, operating a world away, can—and have—shut down electricity systems, toggling power on and off at will, and even hijacked the computers of special teams dispatched to restore control.

Thomas Fanning, CEO of Southern Co., one of the country’s largest utilities, recently disclosed that his teams have fended off multiple attempts to hack a nuclear power plant the firm operates. He called grid hacking “the most important under-reported war in American history.”

However, if you’ve got what seems like an insoluble problem requiring a to-the-studs teardown and innovative rebuild, California is a good place to start. After all, the first electricity grid was built in San Francisco in 1879, three years before Thomas Edison’s power station in New York City. (Edison’s plant burned to the ground a decade later.)

California’s energy-efficiency regulations have helped reduce statewide energy use, which peaked a decade ago and is on the decline, somewhat easing pressure on the grid. The major utilities are ahead of schedule in meeting their obligation to obtain power from renewable sources.

California’s universities are teaming with national research labs to develop cutting-edge solutions for storing energy produced by clean sources. California is fortunate in the diversity of its energy choices: hydroelectric dams in the north, large-scale solar operations in the Mojave Desert to the east, sprawling windmill farms in mountain passes and heat bubbling in the Geysers, the world’s largest geothermal field north of San Francisco. A single nuclear-power plant clings to the coast near San Luis Obispo, but it will be shuttered in 2025.

But more renewable energy, accessible at the whims of weather, can throw the grid off balance. Renewables lack the characteristic that power planners most prize: dispatchability, ready when called on and turned off when not immediately needed. Wind and sun don’t behave that way; their power is often available in great hunks—or not at all, as when clouds cover solar panels or winds drop.

In the case of solar power, it is plentiful in the middle of the day, at a time of low demand. There’s so much in California that most days the state pays its neighbors to siphon some off,  lest the excess impede the grid’s constant need for balance—for a supply that consistently equals demand.

So getting to California’s new goals of operating on 100 percent clean energy by 2045 and having 5 million electric vehicles within 12 years will require a shift in how power is acquired and managed. Consumers will rely more heavily on battery storage, whose efficiency must improve to meet that demand.

 

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Roads Need More Electricity: They Will Make It Themselves

Electrically Smart Roads integrate solar road surfaces, inductive charging, IoT sensors, AI analytics, and V2X to power lighting, deicing, and monitoring, reducing grid dependence while enabling dynamic EV charging and real-time traffic management.

 

Key Points

Electrically smart roads generate power, sense conditions, and charge EVs using solar, IoT, AI, and dynamic infrastructure.

✅ Solar surfaces, verges, and gantries generate on-site electricity

✅ Inductive lanes enable dynamic EV charging at highway speeds

✅ Embedded IoT sensors and AI deliver real-time traffic insights

 

As more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more.

That toll gate, street light and traffic monitoring system all need electricity. Later, roads that deice and charge vehicles at speed will need huge amounts of electricity. For now, electricity for road systems is provided by very expensive infrastructure to the grid, and grid flexibility for EVs remains a concern, except for a few solar/ wind street lights in China and Korea for example. However, as more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more. There is also highly speculative work in the USA and UK on garnering power from road surface movement using piezoelectrics and electrodynamics and even its heat. 

#google#

China plans to create an intelligent transport system by 2030. The country hopes to build smart roads that will not only be able to charge electric cars as they drive but also monitor temperature, traffic flow and weight load using artificial intelligence. Indeed, like France, the Netherlands and the USA, where U.S. EV charging capacity is under scrutiny, it already has trials of extended lengths of solar road which cost no more than regular roads. In an alternative approach, vehicles go under tunnels of solar panels that also support lighting, light-emitting signage and monitoring equipment using the electricity made where it is needed. See the IDTechEx Research report, Electrically Smart Roads 2018-2028 for more.

Raghu Das, CEO of IDTechEx says, "The spiral vertical axis wind turbines VAWT in Asia rarely rotate because they are too low but much higher versions are planned on large UK roadside vehicle charging centres that should work well. H shaped VAWT is also gaining traction - much slower and quieter than the propeller shape which vibrates and keeps you awake at night in an urban area.

The price gap between the ubiquitous polycrystalline silicon solar cell and the much more efficient single crystal silicon is narrowing. That means that road furniture such as bus shelters and smart gantries will likely go for more solar rather than adding wind power in many cases, a shift mirrored by connected solar tech in homes, because wind power needs a lot of maintenance and its price is not dropping as rapidly."

The IDTechEx Research report, Off Grid Electric Vehicle Charging: Zero Emission 2018-2028 analyses that aspect, while vehicle-to-grid strategies may complement grid resources. The prototype of a smart road is already in place on an expressway outside of Jinan, providing better traffic updates as well as more accurate mapping. Verizon's IoT division has launched a project around intelligent asphalt, which it thinks has the potential to significantly reduce fossil fuel emissions and save time by reducing up to 44% of traffic backups. It has partnered with Sacramento, California, to test this theory.

"By embedding sensors into the pavement as well as installing cameras on traffic lights, we will be able to study and analyze the flow of traffic. Then, we will take all of that data and use it to optimize the timing of lights so that traffic flows easier and travel times are shorter," explains Sean Harrington, vice president of Verizon Smart Communities.

Colorado's Department of Transportation has recently announced its intention to be the first state to pilot smart roads by striking a five-year deal with a smart road company to test the technology. Like planned auto-deicing roads elsewhere, the aim of this project is, first and foremost, to save lives. The technology will detect when a car suddenly leaves a road and send emergency assistance to the area. The IDTechEx Research report Electrically Smart Roads 2018-2028 describes how others work on real time structural monitoring of roads and embedded interactive lighting and road surface signage.

"Smart pavement can make that determination and send that information directly into a vehicle," Peter Kozinski, director of CDOT's RoadX division, tells the Denver Post. "Data is the new asphalt of transportation."   Sensors, processors and other technology are embedded in the Colorado road to extend capability beyond accidents and reach into better road maintenance. Fast adoption relies on the ability to rapidly install sensor-laden pavement or lay concrete slabs. Attention therefore turns to fast adaptation of existing roads. Indeed, even for the heavy coil arrays used for dynamic vehicle charging, even as state power grids face new challenges, in Israel there are machines that can retrofit into the road surface at a remarkable two kilometres of cut and insert in a day.

"It's hard to imagine that these things are inexpensive, with all the electronics in them," Charles Schwartz, a professor of civil and environmental engineering at the University of Maryland, tells the Denver Post concerning the vehicle sensing project, "but CDOT is a fairly sophisticated agency, and this is an interesting pilot project. We can learn a lot, even if the test is only partially successful."

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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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  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.