Pakistan building nuclear reactor: Watchdog

By Associated Press


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Satellite images show Pakistan is building a new nuclear reactor that can produce weapons-grade plutonium, a U.S. watchdog group said, warning it could contribute to an atomic arms race with archrival India.

A picture taken June 3 shows work progressing rapidly on the reactor at the Khushab nuclear site, 160 kilometres southwest of the Pakistani capital Islamabad, the Institute of Science for International Security said recently.

The development of the reactor and other nuclear-related activities "imply" Pakistan has decided to "increase significantly its production of plutonium for nuclear weapons," the Washington-based institute said in a report analyzing the images.

A senior official at the Pakistan Atomic Energy Authority said the country is "extending our infrastructure" but declined to address the details of the report.

"We are a declared nuclear state and we are pursuing our nuclear program for peaceful purposes," said the official, who asked he not be named.

"We are doing it for our national interests."

Pakistan has stated repeatedly it will develop its nuclear program and maintain an atomic arsenal to deter India, its more powerful neighbour, despite past leaks of sensitive technology to countries including Iran.

The report, co-authored by former UN inspector David Albright, said Pakistan may have decided to produce more plutonium for lighter warheads for cruise missiles, or to upgrade weapons aimed at Indian cities.

Most Pakistani nuclear weapons use highly enriched uranium, it noted.

Albright said the work on the reactor shows the country is trying to improve its nuclear capabilities with a "new generation" of plutonium-based weapons.

Plutonium-based weapons pack more explosive power into smaller, lighter packages than those made with uranium, which Pakistan has been using for years, Albright said.

"The work on these reactors reflects a Pakistani decision to create a new generation of nuclear weapons. By going plutonium... we have to interpret that as an attempt to make smaller, more powerful weapons that are going to be more destructive in India," Albright said in a telephone interview.

The Pakistani official declined comment on what Pakistan might do with extra plutonium.

The report said with India also trying to expand its ability to enrich uranium, Pakistan's activities "should be viewed as a sign of an accelerated nuclear arms race between India and Pakistan."

It also accused the U.S. government of soft-pedaling the risk to avoid endangering Islamabad's co-operation against terrorism and a proposed nuclear pact with India.

"The bottom line for us is that the U.S. isn't doing enough to stop these countries from expanding their nuclear arsenals. They're turning a blind eye," said Albright.

The institute said it used commercially available satellite imagery to conclude Pakistan is building a third nuclear reactor at Khushab.

A first reactor entered service in 1998 and a second one, begun between 2000 and 2002, was still under construction earlier in June, it said in the report. The third and newest reactor has sprung up rapidly just a few hundred metres away, it said.

The images also purportedly show work progressing on a plutonium reprocessing facility at Chashma, 80 kilometres to the west.

A report by the same institute about the second reactor at Khushab, saying it could eventually produce enough fissile material for 50 atomic bombs a year, prompted the U.S. government last July to urge Pakistan not to expand its nuclear weapons program.

Pakistan conducted its only nuclear tests in May 1998 after Indian tests earlier that month. India detonated its first nuclear bomb in 1974.

The two countries came close to open conflict in 2002, fuelling fear of the world's first nuclear exchange, after terrorists attacked India's Parliament. New Delhi accused Islamabad-backed militants of carrying out the attack but Pakistan denied the claims. Both countries have since embarked on a stop-start peace process.

In February 2004, Abdul Qadeer Khan, considered to be the father of Pakistan's atomic program, confessed to giving nuclear technology to Iran, North Korea and Libya.

Pakistani President Gen. Pervez Musharraf pardoned Khan and U.S. officials regularly praise Islamabad's role in helping prevent nuclear smuggling.

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Senate Committee Advised by WIRES Counsel That Electric Transmission Still Faces Barriers to Development

U.S. Transmission Grid Modernization underscores FERC policy certainty, high-voltage infrastructure upgrades, renewables integration, electrification, and grid resilience to cut congestion and enable distributed energy resources, safeguarding against extreme weather, cyber threats, and market volatility.

 

Key Points

A plan to expand, upgrade, and secure high-voltage networks for renewables integration, electrification, reliability.

✅ Replace aging lines to cut congestion and customer costs

✅ Integrate renewables and distributed energy resources at scale

✅ Enhance resilience to weather, cyber, and physical threats

 

Today, in a high-visibility hearing on U.S. energy delivery infrastructure before the United States Senate Committee on Energy and Natural Resources, WIRES Executive Director and Former FERC Chairman Jim Hoecker addressed the challenges and opportunities that confront the modern high-voltage grid as the industry strives to upgrade and expand it to meet the demands of consumers and the economy.

In prepared testimony and responses to Senators' questions, Hoecker urged the Committee to support industry efforts to expand and upgrade the transmission network and to help regulators, especially the Federal Energy Regulatory Commission (FERC action on aggregated DERs), promote certainty and predictability in energy policy and regulation. 

 

His testimony stressed these points:

Significant transmission investment is needed now to replace aging infrastructure like the aging grid risks to clean energy, reduce congestion costs, and deliver widespread benefits to customers.

Increasingly, the role of the transmission grid is to integrate new distributed resources and renewable energy into the electric system and make them available to the market.

The changing electric generation mix, including needed nuclear innovation, and the coming electrification of transportation, heating, and other segments of the American economy in the next quarter century will depend on a strong and adaptable electric system. A robust transmission grid will be the linchpin that will enable us to meet those demands.

"Transmission is the common element that will support all future electricity needs and provide a hedge against uncertainties and potential costly outcomes. The time is now to be proactive in encouraging additional investments in our nation's most crucial infrastructure: the electric transmission system," Hoecker said. 

Hoecker's testimony also emphasized that transmission investment will contribute to the overall resilience of the electric system by bringing multiple resources and technologies to bear on threats to the power system, including extreme weather and proposals like a wildfire-resilient grid bill, cyber or physical attacks, or other events. Visit WIRES website for recently filed comments on the subject (supported by a Brattle Group study). 

"Transmission gives us the optionality to adapt to whatever the future holds, and a modern and resilient transmission system, informed by Texas reliability improvements, will be the most valuable energy asset we have," says Nina Plaushin, president of WIRES and vice president of federal affairs, regulatory and communications for ITC Holdings Corp. 

Hoecker closed his testimony by emphasizing that the "electrification" scenario that is being discussed across multiple industries demands action now in order to ensure policy and regulatory certainty that will support needed transmission investment. More studies need to be conducted to better understand and define how this delivery network must be configured and planned in anticipation of this potential transformation in how we use electrical energy. A full copy of the WIRES testimony can be found here.

 

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Pacific Northwest's Renewable Energy Goals Hindered

Pacific Northwest Transmission Bottleneck slows clean energy progress as BPA's aging grid constrains renewable interconnections, delaying wind, solar, and data center growth; decarbonization targets depend on transmission upgrades, new substations, and policy reform.

 

Key Points

An interconnection and capacity shortfall on BPA's aging grid that delays renewables and impedes clean energy goals.

✅ BPA approvals lag: 1 of 469 projects since 2015.

✅ Yakama solar waits for substation upgrades until 2027.

✅ Data centers and decarbonization targets face grid constraints.

 

Oregon and Washington have set ambitious targets to decarbonize their power sectors, aiming for 100% clean electricity in the coming decades. However, a significant obstacle stands in the way: the region's aging and overburdened transmission grid, underscoring why 100% renewables remain elusive even as momentum builds.

The Grid Bottleneck

The BPA operates a transmission system that is nearly a century old in some areas, and its capacity has not expanded sufficiently to accommodate the influx of renewable energy projects, reflecting stalled grid spending in many parts of the U.S., according to recent analyses. Since 2015, 469 large renewable projects have applied to connect to the BPA's grid; however, only one has been approved—a stark contrast to other regions in the country. This bottleneck has left numerous wind and solar projects in limbo, unable to deliver power to the grid.

One notable example is the Yakama Nation's solar project. Despite receiving a $32 million federal grant under the bipartisan infrastructure law as part of a broader grid overhaul for renewables, the tribe faces significant delays. The BPA estimates that it will take until 2027 to complete the necessary upgrades to the transmission system, including a new substation, before the solar array can be connected. This timeline poses a risk of losing federal funding if the project isn't operational by 2031.

Economic and Environmental Implications

The slow pace of grid expansion has broader implications for the region's economy and environmental goals. Data centers and other energy-intensive industries are increasingly drawn to the Pacific Northwest due to its clean energy potential, while interregional projects like the Wyoming-to-California wind link illustrate how transmission access can unlock supply. However, without adequate infrastructure, these industries may seek alternatives elsewhere. Additionally, the inability to integrate renewable energy efficiently hampers efforts to reduce greenhouse gas emissions and combat climate change.

Policy Challenges and Legislative Efforts

Efforts to address the grid limitations through state-level initiatives have faced challenges, even as a federal rule to boost transmission advances nationally. In 2025, both Oregon and Washington considered legislation to establish state bonding authorities aimed at financing transmission upgrades. However, these bills failed to pass, leaving the BPA as the primary entity responsible for grid expansion. The BPA's unique structure—operating as a self-funded federal agency without direct state oversight—has made it difficult for regional leaders to influence its decision-making processes.

Looking Ahead

The Pacific Northwest's renewable energy aspirations hinge on modernizing its transmission infrastructure, aligning with decarbonization strategies that emphasize grid buildout. While the BPA has proposed several projects to enhance grid capacity, the timeline for completion remains uncertain. Without significant investment and policy reforms, the region risks falling behind in the transition to a clean energy future. Stakeholders across Oregon and Washington must collaborate to advocate for necessary changes and ensure that the grid can support the growing demand for renewable energy.

The Pacific Northwest's commitment to clean energy is commendable, but achieving these goals requires overcoming substantial infrastructure challenges, and neighboring jurisdictions such as British Columbia have pursued B.C. regulatory streamlining to accelerate projects. Addressing the limitations of the BPA's transmission system is critical to unlocking the full potential of renewable energy in the region. Only through concerted efforts at the federal, state, and local levels can Oregon and Washington hope to realize their green energy ambitions.

 

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The Banker Trying to Fix the UK's Electricity Grid

UK power grid bottleneck is stalling renewable energy, with connection queues, planning delays, and transmission infrastructure gaps raising costs, slowing decarbonization, and deterring investment as government considers reforms led by a new chief adviser.

 

Key Points

Delays and capacity gaps that hinder connecting new generation and demand, raising costs and slowing decarbonization.

✅ Connection queues delay projects for years

✅ Planning and NIMBY barriers stall transmission builds

✅ Investment costs on bills risk political pushback

 

During his three decades at investment bank Morgan Stanley, Franck Petitgas developed a reputation for solving problems that vexed others. Fixing the UK’s creaking power grid could be his most challenging task yet.

Earlier this year, Prime Minister Rishi Sunak appointed Petitgas as his chief business adviser, and the former financier has been pushing to tackle the gridlock that’s left projects waiting endlessly for a connection, an issue he sees as one of the biggest problems for industry.

But there are no easy solutions to tackle the years-long queue to get on the grid or the drawn-out planning process for building clean power generation, with the energy transition stalled by supply delays compounding the problem. And sluggish progress in expanding and improving the electricity network is preventing the construction of new housing developments and offices, as well as slowing the transition to greener power.

That transition has already taken a knock after Sunak last week controversially watered down some of the UK’s climate ambitions, citing in part the cost to consumers. He also acknowledged the issues surrounding the grid and promised the “most transformative plans” in response, drawing on lessons from Europe’s power crisis where applicable. Those are due to be unveiled within weeks. 

Shortly after his appointment, Petitgas offered reassurances to business leaders at a meeting in Downing Street that solutions were being worked on, according to people familiar with the matter. But there’s a lack of confidence across business that enough will be done.

Cost is a big factor in the expansion of the electricity grid, and some argue a state-owned generation model could ease bills over time. Improving the onshore network alone could require investment of between £100 billion and £240 billion ($122-$293 billion) by 2050, according to a government analysis last year. 

With network expansion funded through power bills, that’s a big ask, particularly with Sunak trailing in polls ahead of an election expected next year.

“It’s very difficult for politicians to say more money should be on bills,” said Emma Pinchbeck, chief executive of Energy UK, a trade body. “So you get to a situation where no one wants to pay for the infrastructure investment until it’s really sticky, and that’s where we’ve got to with the grid.”

There are huge competitive and economic implications if the UK falls further behind. With US President Joe Biden spending an estimated $370 billion on climate measures through his Inflation Reduction Act, and China already a world leader in electric vehicles, Britain’s grid inaction is holding it back in the global race to decarbonize, said Jess Ralston, an analyst at the Energy and Climate Intelligence Unit think tank.

“The UK is dithering and delaying, and not making any strategic decisions,” she said. “You can see companies just saying ‘I’m going to the US, or I’m going to China’.” 

In a statement, the government said it’s a “priority to speed up the time taken to connect new power generators and power consumers to the grid.” It added that it’s taking “significant steps to accelerate grid infrastructure,” including support for new Channel interconnectors announced this year.

The government expects demand for electricity to double by 2035 and that will mean more generation that needs to be linked up to the network by cables and pylons. Local grids will also have to expand to accommodate more connection points for electric vehicles and homes, and invest in large-scale energy storage capacity to balance supply.

But so far, the rapid rise in renewable energy investment has not been accompanied by matching spend on the power network, according to BloombergNEF, a pattern seen in Germany’s grid expansion woes as well.

“The pace and scale of what we now have to deliver is significantly different from the last few decades,” said Carl Trowell, president of UK strategic infrastructure at National Grid. “It’s a national endeavor.”

In June, Electricity Networks Commissioner Nick Winser sent the government recommendations for how to accelerate construction of more transmission infrastructure. He said efforts to decarbonize the power sector will be “wasted if we cannot get the power to homes and businesses.”

“We need a seriously stronger sense of urgency,” said Kevin O’Donovan, country manager for Statkraft UK, which is holding off investment in four wind farms and two solar projects due to grid connection delays.

In addition to cost, the other major stumbling block is planning. Politicians in the governing Conservative Party are wary of angering voters with new infrastructure in rural areas that typically vote Tory. Across the country, “Not In My Back Yard” campaigners – NIMBYs — pose a major challenge to projects.

Petitgas, 62, retired from Morgan Stanley last year after nearly 30 years at the bank, where he led its international division from London. The issues over connections and planning have been repeatedly pointed out to Petitgas by investors and trade groups over a series of meetings this year, according to people familiar with the matter, requesting anonymity discussing private talks.

Yet with a general election looming and the issue plagued by political headaches, many are skeptical that Sunak can find the solutions needed.

One business chief said Downing Street considers the issue too tricky and expensive to tackle in the short-term. Others are concerned that while Petitgas has license from Sunak, he doesn’t have influence across the relevant departments to get grids to the top of the agenda.

 

Wind Farms

Multiple parts of the UK’s climate plans are under pressure. Earlier this month, an auction for contracts to build new wind farms received zero bids from developers, even as wind leads the power mix in many regions, marking yet another green setback. 

The UK is already behind on its target of having 50 gigawatts of offshore wind built by 2030, up from 14 GW today. The challenge is accelerating development without railroading local communities.

Within Sunak’s Conservative Party, some lawmakers are pushing back on new infrastructure in their local areas. A group including Environment Secretary Therese Coffey and former Home Secretary Priti Patel is campaigning against building new pylons across a stretch of eastern England.

According to Adam Bell, director of policy at consultancy Stonehaven, backbench pressure means Sunak is unlikely to take major action on the grid in the near term. He doesn’t see the prime minister accepting Winser’s recommendations, least of all accelerating planning decisions.

“Over the last year, Sunak has favored party management over things that will benefit the country,” Bell said. 

 

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Maritime Link sends first electricity between Newfoundland, Nova Scotia

Maritime Link HVDC Transmission connects Newfoundland and Nova Scotia to the North American grid, enabling renewable energy imports, subsea cable interconnection, Muskrat Falls hydro power delivery, and lower carbon emissions across Atlantic Canada.

 

Key Points

A 500 MW HVDC intertie linking Newfoundland and Nova Scotia to deliver Muskrat Falls hydro power.

✅ 500 MW capacity using twin 170 km subsea HVDC cables

✅ Interconnects Newfoundland and Nova Scotia to the North American grid

✅ Enables Muskrat Falls hydro imports, cutting CO2 and costs

 

For the first time, electricity has been sent between Newfoundland and Nova Scotia through the new Maritime Link.

The 500-megawatt transmission line — which connects Newfoundland to the North American energy grid for the first time and echoes projects like the New England Clean Power Link underway — was tested Friday.

"This changes not only the energy options for Newfoundland and Labrador but also for Nova Scotia and Atlantic Canada," said Rick Janega, the CEO of Emera Newfoundland and Labrador, which owns the link.

"It's an historic event in our eyes, one that transforms the electricity system in our region forever."

 

'On time and on budget'

It will eventually carry power from the Muskrat Falls hydro project in Labrador, where construction is running two years behind schedule and $4 billion over budget, a context in which the Manitoba Hydro line to Minnesota has also faced delay, to Nova Scotia consumers. It was supposed to start producing power later this year, but the new deadline is 2020 at the earliest.

The project includes two 170-kilometre subsea cables across the Cabot Strait between Cape Ray in southwestern Newfoundland and Point Aconi in Cape Breton.

The two cables, each the width of a two-litre pop bottle, can carry 250 megawatts of high voltage direct current, and rest on the ocean floor at depths up to 470 metres.

This reel of cable arrived in St. John's back in April aboard the Norwegian vessel Nexans Skagerrak, after the first power cable reached Nova Scotia earlier in the project. (Submitted by Emera NL)

The Maritime Link also includes almost 50 kilometres of overland transmission in Nova Scotia and more than 300 kilometres of overland transmission in Newfoundland, paralleling milestones on Site C transmission work in British Columbia.

The link won't go into commercial operation until January 1.

Janega said the $1.6-billion project is on time and on budget.

"We're very pleased to be in a position to be able to say that after seven years of working on this. It's quite an accomplishment," he said.

This Norwegian vessel was used to transport the 5,500 tonne subsea cable. (Submitted by Emera NL)

Once in service, the link will improve electrical interconnections between the Atlantic provinces, aligning with climate adaptation guidance for Canadian utilities.

"For Nova Scotia it will allow it to achieve its 40 per cent renewable energy target in 2020. For Newfoundland it will allow them to shut off the Holyrood generating station, in fact using the Maritime Link in advance of the balance of the project coming into service," Janega said.

Karen Hutt, president and CEO of Nova Scotia Power, which is owned by Emera Inc., calls it a great day for Nova Scotia.

"When it goes into operation in January, the Maritime Link will benefit Nova Scotia Power customers by creating a more stable and secure system, helping reduce carbon emissions, and enabling NSP to purchase power from new sources," Hutt said in a statement.

 

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Germany's Energy Crisis Deepens as Local Utilities Cry for Help

Germany energy liquidity crisis is straining municipal utilities as gas and power prices surge, margin calls rise, and Russian supply cuts bite, forcing state support, interventions, and emergency financing to stabilize households and businesses.

 

Key Points

A cash squeeze on German municipal utilities as soaring gas and power prices trigger margin calls and funding gaps.

✅ Margin calls and spot-market purchases strain cash flow

✅ State liquidity lines and EU collateral support proposed

✅ Gazprom cuts, Uniper distress heighten default risks

 

Germany’s fears that soaring power prices and gas prices could trigger a deeper crisis is starting to get real. 

Several hundred local utilities are coming under strain and need support, according to the head of Germany’s largest energy lobby group. The companies, generally owned by municipalities, supply households and small businesses directly and are a key part of the country’s power and gas network.

“The next step from the government and federal states must be to secure liquidity for these municipal companies,” Kerstin Andreae, chairwoman of the German Association of Energy and Water Industries, told Bloomberg in Berlin. “Prices are rising, and they have no more money to pay the suppliers. This is a big problem.”

Germany’s energy crunch intensified over the weekend after Russia’s Gazprom PJSC halted its key gas pipeline indefinitely, a stark wake-up call for policymakers to reduce fossil fuel dependence. European energy prices have surged again amid concerns over shortages this winter and fears of a worst-case energy scenario across the bloc. 

Many utilities are running into financial issues as they’re forced to cover missing Russian deliveries with expensive supplies on the spot market. German energy giant Uniper SE, which supplies local utilities, warned it will likely burn through a 7 billion-euro ($7 billion) government safety net and will need more help already this month.

Some German local utilities have already sought help, according to a government official, who asked not to be identified in line with briefing rules.  

With Europe’s largest economy already bracing for recession, Chancellor Olaf Scholz’s administration is battling on several fronts, testing the government’s financial capacity. The ruling coalition agreed Sunday on a relief plan worth about 65 billion euros -- part of an emerging energy shield package to contain the fallout of surging costs for households and businesses. 

Starting in October, local utilities will have to pay a levy for the gas acquired, which will further increase their financial burden, Andreae said.

Margin Calls
European gas prices are more than four times higher than usual for this time of year, underscoring why rolling back electricity prices is tougher than it appears for policymakers, as Russia cuts supplies in retaliation for sanctions related to its invasion of Ukraine. When prices peak, energy companies have to pay margin calls, extra collateral required to back their trades.

Read more: Energy Trade Risks Collapsing Over Margin Calls of $1.5 Trillion

The problem has hit local utilities in other countries as well. In Austria, the government approved a 2 billion-euro loan for Vienna’s municipal utility last month. 

The European Union is also planning help, floating gas price cap strategies among other tools. The bloc’s emergency measures will include support for electricity producers struggling to find enough cash to guarantee trades, according to European Commission President Ursula von der Leyen.

The situation has worsened in Germany as some of the country’s big gas importers are reluctant to sell more supplies to some of municipal companies amid fears they could default on payments, Andreae said. 

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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