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Portsmouth Wind Turbine Complaints highlight noise, shadow flicker, resident impacts, Town Council hearings, and Green Development mitigation plans near Portsmouth High School, covering renewable energy output, PPAs, and community compliance.

Key Points

Resident reports of noise and shadow flicker near Portsmouth High School, prompting review and mitigation efforts.

✅ Noise exceeds ambient levels seasonally, residents report fatigue.

✅ Shadow flicker lasts up to 90 minutes on affected homes.

✅ Town tasks developer to meet neighbors and propose mitigation.

The combination of the noise and shadows generated by the town’s wind turbine has rankled some neighbors who voiced their frustration to the Town Council during its meeting Monday.

Mark DePasquale, the founder and chairman of the company that owns the turbine, tried to reassure them with promises to address the bothersome conditions.

David Souza, a lifelong town resident who lives on Lowell Drive, showed videos of the repeated, flashing shadows cast on his home by the three blades spinning.

“I am a firefighter. I need to get my sleep,” he said. “And now it’s starting to affect my job. I’m tired.”

Town Council President Keith Hamilton tasked DePasquale with meeting with the neighbors and returning with an update in a month. “What I do need you to do, Mr. DePasquale, is to follow through with all these people.”

DePasquale said he was unaware of the flurry of complaints lodged by the residents Monday. His company had only heard of one complaint. “If I knew there was an issue before tonight, we would have responded,” he said.

His company, Green Development LLC, formerly Wind Energy Development LLC, installed the 279-foot-tall turbine near Portsmouth High School that started running in August 2016, as offshore developers like Deepwater Wind in Massachusetts plan major construction nearby. It replaced another turbine installed by a separate company that broke down in 2012.

In November 2014, the town signed an agreement with Wind Energy Development to take down the existing turbine, pay off the remaining $1.45 million of the bond the town took out to install it and put up a new turbine, amid broader legal debates like the Cornwall wind farm ruling that can affect project timelines.

In exchange, Wind Energy Development sells a portion of the energy generated by the turbine to the town at a rate of 15.5 cents per kilowatt hour for 25 years. Some of the energy generated is sold to the town of Coventry.

“We took down (the old turbine) and paid off the debt,” DePasquale said, noting that cancellations can carry high costs as seen in Ontario wind project penalties for scrapping projects. “I have no problem doing whatever the council wants … There was an economic decision made to pay off the bond and build something better.”

The turbine was on pace to produce 4 million-plus kilowatt hours per year, Michelle Carpenter, the chief operating officer of Wind Energy Development, said last April. It generates enough energy to power all municipal and school buildings in town, she said, while places like Summerside’s wind power show similarly strong output.

The constant stream of shadows cast on certain homes in the area can last for as long as an hour-and-a-half, according to Souza. “We shouldn’t have to put up with this,” he said.

Sprague Street resident John Vegas said the turbine’s noise, especially in late August, is louder than the neighborhood’s ambient noise.

“Throughout the summer, there’s almost no flicker, but this time of year it’s very prominent,” Vegas added. “It can be every day.”

He mentioned neighbors needed to be better organized to get results.

“When the residents purchased our properties we did not have this wind turbine in our backyard,” Souza said in a memo. “Due to the wind turbine … our quality of life has suffered.”

After the discussion, the council unanimously voted to allow Green Development to sublease excess energy to the Rhode Island Convention Center Authority, a similar agreement to the one the company struck with Coventry, as regional New England solar growth adds pressure on grid upgrade planning.

“This has to be a sustainable solution,” DePasquale said. “We will work together with the town on a solution.”

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Ontario Electricity Policy debates rates, subsidies, renewables, nuclear baseload, and Quebec hydro imports, highlighting grid transmission limits, community consultation, conservation, and the province's energy mix after cancelled wind projects and rising costs to taxpayers.

Key Points

Ontario Electricity Policy guides rates, generation, grid planning, subsidies and imports for reliable, low-cost power.

✅ Focuses on rates, subsidies, and consumer affordability

✅ Balances nuclear baseload, renewables, and Quebec hydro imports

✅ Emphasizes grid transmission, consultation, and conservation

When Kathleen Wynne’s Liberals went down to defeat at the hands of Doug Ford and the Progressive Conservatives, Ontario electricity had a lot to do with it. That was in 2018. Now, two years later, Ford’s government has electricity issues of its own, including a new stance on wind power that continues to draw scrutiny.

Electricity is politically fraught in Ontario. It’s among the most expensive in Canada. And it has been mismanaged at least as far back as nuclear energy cost overruns starting in the 1980s.

From the start Wynne’s government was tainted by the gas plant scandal of her predecessor Dalton McGuinty and then she created her own with the botched roll-out of her green energy plan. And that helped Ford get elected promising to lower electricity prices. But, rates haven’t gone down under Ford while the cost to the government coffers for subsidizing them have soared - now costing $5.6 billion a year.

Meanwhile, Ford’s government has spent at least $230 million to tear up green energy contracts signed by the former Liberal government, including two wind-farm projects that were already mid-construction.

Lessons learned?
In the final part of a three-part series, the six candidates vying to become the next leader of the Ontario Liberals discuss the province's electricity system, including the lessons learned from the prior Liberal government's botched attempts to fix it that led to widespread local opposition to a string of wind power projects, and whether they'd agree to import more hydroelectricity from Quebec.

“We had the right idea but didn’t stick the landing,” said Steven Del Duca, a member of the former Wynne government who lost his Vaughan-area seat in 2018, referring to its green-energy plan. “We need to make sure that we work more collaboratively with local communities to gain the buy-in needed to be successful in this regard.”

“Consultation and listening is key,” agreed Mitzie Hunter, who was education minister under Kathleen Wynne and in 2018 retained her seat in the legislature representing Scarborough-Guildwood. “We must seek input from community members about investments locally,” she said. “Inviting experts in to advise on major policy is also important to make evidence-based decisions."

Michael Coteau, MPP for Don Valley East and the third leadership candidate who was a member of the former government, called for “a new relationship of respect and collaboration with municipalities.”

He said there is an “important balance to be achieved between pursuing province wide objectives for green-energy initiatives and recognizing and reflecting unique local conditions and circumstances.”

Kate Graham, who has worked in municipal public service and has not held a provincial public office, said that experts and local communities are best placed to shape decisions in the sector.

In the final part of a three-part series, Ontario's Liberal leadership contenders discuss electricity, lessons learned from the bungled rollout of previous Liberal green policy, and whether to lean more on Quebec's hydroelectricity.
“What's gotten Ontario in trouble in the past is when Queen's Park politicians are the ones micromanaging the electricity file,” she said.

“Community consultation is vitally important to the long-term success of infrastructure projects,” said Alvin Tedjo, a former policy adviser to Liberal ministers Brad Duguid and Glen Murray.

“Community voices must be heard and listened to when large-scale energy programs are going to be implemented,” agreed Brenda Hollingsworth, a personal injury lawyer making her first foray into politics.

Of the six candidates, only Coteau went beyond reflection to suggest a path forward, saying he would review the distribution of responsibilities between the province and municipalities, with the aim of empowering cities and towns.

Turn back to Quebec?
Ford’s government has also turned away from a deal signed in 2016 to import hydroelectricity from Quebec.

Graham and Hunter both said they would consider increasing such imports. Hunter noted that the deal, which would displace domestic natural gas production, will lower the cost of electricity paid by Ontario ratepayers by a net total of $38 million from 2017 to 2023, according to the province’s fiscal watchdog.

“I am open to working with our neighbouring province,” Hunter said. “This is especially important as we seek to bring electricity to remote northern, on-reserve Indigenous communities.”

Tedjo said he has no issues with importing clean energy as long as it’s at a fair price.

Hollingsworth and Coteau both said they would withhold judgment until they could see the province’s capacity status in 2022.

“In evaluating the case for increasing importation of water power from Quebec, we must realistically assess the limitations of the existing transmission system and the cost and time required to scale up transmission infrastructure, among other factors,” Coteau said.

Del Duca also took a wait-and-see approach. “This will depend on our energy needs and energy mix,” he said. “I want to see our energy needs go down; we need more efficiency and better conservation to make that happen.”

What's the right energy mix?
Nuclear energy currently accounts for about a third of Ontario’s energy-producing capacity, even as Canada explores zero-emissions electricity by 2035 pathways. But it actually supplies about 60 percent of Ontario’s electricity. That is because nuclear reactors are always on, producing so-called baseload power.

Hydroelectricity provides another 25 percent of supply, while oil and natural gas contribute 6 per cent and wind adds 7 percent. Both solar and biofuels account for less than one percent of Ontario’s energy supply. However, a much larger amount of solar is not counted in this tally, as it is used at or near the sites where it is generated, and never enters the transmission system.

Asked for their views on how large a role various sources of power should play in Ontario’s electricity mix in the future, the candidates largely backed the idea of renewable energy, but offered little specifics.

Graham repeated her statement that experts and communities should drive that conversation. Tedjo said all non-polluting technologies should play a role in Ontario’s energy mix, as provinces like Alberta demonstrate parallel growth in green energy and fossil fuels. Coteau said we need a mix of renewable-energy sources, without offering specifics.

“We also need to pursue carbon capture and sequestration, working in particular with our farming communities,” he added.

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US Grid Pandemic Response coordinates control rooms, grid operators, and critical infrastructure, leveraging hydroelectric plants, backup control centers, mutual assistance networks, and deep cleaning protocols to maintain reliability amid reduced demand and COVID-19 risks.

Key Points

US Grid Pandemic Response encompasses measures by utilities and operators to safeguard power reliability during COVID-19

✅ Control rooms staffed on-site; operators split across backup centers

✅ Health screenings, deep cleaning, and isolation protocols mitigate contagion

✅ Reduced demand and mutual assistance improve grid resilience

Control rooms are the brains of NYPA’s power plants, which are mostly hydroelectric and supply about a quarter of all the electricity in New York state. They’re also a bit like human petri dishes. The control rooms are small, covered with frequently touched switches and surfaces, and occupied for hours on end by a half-dozen employees. Since social distancing and telecommuting isn’t an option in this context, NYPA has instituted regular health screenings and deep cleanings to keep the coronavirus out.

The problem is that each power plant relies on only a handful of control room operators. Since they have a specialized skill set, they can’t be easily replaced if they get sick. “They are very, very critical,” says Gil Quiniones, NYPA president and CEO. If the pandemic worsens, Quiniones says that NYPA may require control room operators to live on-site at power plants to reduce the chance of the virus making it in from the outside world. It sounds drastic, but Quiniones says NYPA has done it before during emergencies—once during the massive 2003 blackout, and again during Hurricane Sandy.

Meanwhile, PJM is one of North America’s nine regional grid operators and manages the transmission lines that move electricity from power plants to millions of customers in 13 states on the Eastern seaboard, including Washington, DC. PJM has had a pandemic response plan on the books for 15 years, but Mike Bryson, senior vice president of operations, says that this is the first time it’s gone into full effect. As of last week, about 80 percent of PJM’s 750 full-time employees have been working from home. But PJM also requires a skeleton crew of essential workers to be on-site at all times in its control centers. As part of its emergency planning, PJM built a backup control center years ago, and now it is splitting control center operators between the two to limit contact.

Past experience with large-scale disasters has helped the energy sector keep the lights on and ventilators running during the pandemic. Energy is one of 16 sectors that the US government has designated as “critical infrastructure,” which also includes the communications industry, transportation sector, and food and water systems. Each is seen as vital to the country and therefore has a duty to maintain operations during national emergencies.

“We need to be treated as first responders,” says Scott Aaronson, the vice president of security and preparedness at the Edison Electric Institute, a trade group representing private utilities. “Everybody's goal right now is to keep the public healthy, and to keep society functioning as best we can. A lack of electricity will certainly create a challenge for those goals.”

America’s electricity grid is a patchwork of regional grid operators connecting private and state-owned utilities. This means simply figuring out who’s in charge and coordinating among the various organizations is one of the biggest challenges to keeping the electricity flowing during a national emergency, according to Aaronson.

Generally, a lot of this responsibility falls on formal energy organizations like the nonprofit North American Electric Reliability Corporation and the Federal Energy Regulatory Commission. But during the coronavirus outbreak, an obscure organization run by the CEOs of electric utilities called the Electricity Subsector Coordinating Council has also served as a primary liaison between the federal government and the thousands of utility companies around the US. Aaronson says the organization has been meeting twice a week for the past three weeks to ensure that utilities are implementing best practices in their response to the coronavirus, as well as to inform the government of material needs to keep the energy sector running smoothly.

This tight-knit coordination will be especially important if the pandemic gets worse, as many forecasts suggest it will. Most utilities belong to at least one mutual assistance group, an informal network of electricity suppliers that help each other out during a catastrophe. These mutual assistance networks are usually called upon following major storms that threaten prolonged outages. But they could, in principle, be used to help during the coronavirus pandemic too. For example, if a utility finds itself without enough operators to manage a power plant, it could conceivably borrow trained operators from another company to make sure the power plant stays online.

So far, utilities and grid operators have managed to make it work on their own. There have been a handful of coronavirus cases reported at power plants, but they haven’t yet affected these plants’ ability to deliver energy. The challenges of running a power plant with a skeleton crew is partially offset by the reduced power demand as businesses shut down and more people work from home, says Robert Hebner, the director of the Center for Electromechanics at the University of Texas. “The reduced demand for power gives utilities a little breathing room,” says Hebner.

A recent study by the University of Chicago’s Energy Policy Institute found that electricity demand in Italy has plunged by 18 percent following the severe increase in coronavirus cases in the country. Energy demand in China also plummeted as a result of the pandemic. Bryson, at PJM, says the grid operator has seen about a 6 percent decrease in electricity demand in recent weeks, but expects an even greater drop if the pandemic gets worse.

Generally speaking, problems delivering electricity in the US occur when the grid is overloaded or physically damaged, such as during California wildfires or a hurricane.

An open question among coronavirus researchers is whether there will be a second wave of the pandemic later this year. During the Spanish flu pandemic in the early 20th century, the second wave turned out to be deadlier than the first. If the coronavirus remerges later this year, it could be a serious threat to reliable electricity in the US, says John MacWilliams, a former associate deputy secretary of the Department of Energy and a senior fellow at Columbia University’s Center on Global Energy Policy.

“If this crisis extends into the fall, we're going to hit hurricane season along the coasts,” MacWilliams says. “Utilities are doing a very good job right now, but if we get unlucky and have an active hurricane season, they're going to get very stressed because the number of workers that are available to repair damage and restore power will become more limited.”

This was a sentiment echoed by Bryson at PJM. “Any one disaster is manageable, but when you start layering them on top of each other, it gets much more challenging,” he adds. The US electricity grid struggles to handle major storms as it is, and these challenges will be heightened if too many workers are home sick. In this sense, the energy sector’s ability to deliver the electricity needed to keep manufacturing medical supplies or keep ventilators running depends to a large extent on our ability to flatten the curve today. The coronavirus is bad enough without having to worry about the lights going out.

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U.S. Russian Uranium Import Ban reshapes nuclear fuel supply, bolstering energy security, domestic enrichment, and sanctions policy while diversifying reactor-grade uranium sources and supply chains through allies, waivers, and funding to sustain utilities and reliability.

Key Points

A U.S. law halting Russian uranium imports to boost energy security diversify nuclear fuel and revive U.S. enrichment.

✅ Cuts Russian revenue; reduces geopolitical risk.

✅ Funds U.S. enrichment; supports reactor fuel supply.

✅ Enables waivers to prevent utility shutdowns.

In a move aimed at reducing reliance on Russia and fostering domestic energy security for the long term, the United States has banned imports of Russian uranium, a critical component of nuclear fuel. This decision, signed into law by President Biden in May 2024, marks a significant shift in the U.S. nuclear fuel supply chain and has far-reaching economic and geopolitical implications.

For decades, Russia has been a major supplier of enriched uranium, a processed form of uranium used to power nuclear reactors. The U.S. relies on Russia for roughly a quarter of its enriched uranium needs, feeding the nation's network of 94 nuclear reactors operated by utilities which generate nearly 20% of the country's electricity. This dependence has come under scrutiny in recent years, particularly following Russia's invasion of Ukraine.

The ban on Russian uranium is a multifaceted response. First and foremost, it aims to cripple a key revenue stream for the Russian government. Uranium exports are a significant source of income for Russia, and by severing this economic tie, the U.S. hopes to weaken Russia's financial capacity to wage war.

Second, the ban serves as a national energy security measure. Relying on a potentially hostile nation for such a critical resource creates vulnerabilities. The possibility of Russia disrupting uranium supplies, either through political pressure or in the event of a wider conflict, is a major concern. Diversifying the U.S. nuclear fuel supply chain mitigates this risk.

Third, the ban is intended to revitalize the domestic uranium mining and enrichment industry, building on earlier initiatives such as Trump's uranium order announced previously. The U.S. has historically been a major uranium producer, but environmental concerns and competition from cheaper foreign sources led to a decline in domestic production. The ban, coupled with $2.7 billion in federal funding allocated to expand domestic uranium enrichment capacity, aims to reverse this trend.

The transition away from Russian uranium won't be immediate. The law includes a grace period until mid-August 2024, and waivers can be granted to utilities facing potential shutdowns if alternative suppliers aren't readily available. Finding new sources of enriched uranium will require forging partnerships with other uranium-producing nations like Kazakhstan, Canada on minerals cooperation, and Australia.

The long-term success of this strategy hinges on several factors. First, successfully ramping up domestic uranium production will require overcoming regulatory hurdles and addressing environmental concerns, alongside nuclear innovation to modernize the fuel cycle. Second, securing reliable alternative suppliers at competitive prices is crucial, and supportive policy frameworks such as the Nuclear Innovation Act now in law can help. Finally, ensuring the continued safe and efficient operation of existing nuclear reactors is paramount.

The ban on Russian uranium is a bold move with significant economic and geopolitical implications. While challenges lie ahead, the potential benefits of a more secure and domestically sourced nuclear fuel supply chain are undeniable. The success of this initiative will be closely watched not only by the U.S. but also by other nations seeking to lessen their dependence on Russia for critical resources.

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London Underground Power Outage 2025 disrupted Tube lines citywide, with a National Grid voltage dip causing service suspensions, delays, and station closures; TfL recovery efforts spotlight infrastructure resilience, contingency planning, and commuter safety communications.

Key Points

A citywide Tube disruption on May 12, 2025, triggered by a National Grid voltage dip, exposing resilience gaps.

✅ Bakerloo, Waterloo & City, Northern suspended; Jubilee disrupted.

✅ Cause: brief National Grid fault leading to a voltage dip.

✅ TfL focuses on recovery, communication, and resilience upgrades.

On May 12, 2025, a significant power outage disrupted the London Underground during the afternoon rush hour, affecting thousands of commuters across the city. The incident highlighted vulnerabilities in the city's transport infrastructure, echoing a morning outage in London reported earlier, and raised concerns about the resilience of urban utilities.

The Outage and Its Immediate Impact

The power failure occurred around 2:30 PM, leading to widespread service suspensions and delays on several key Tube lines. The Bakerloo and Waterloo & City lines were completely halted, while the Jubilee line experienced disruptions between London Bridge and Finchley Road. The Northern line was also suspended between Euston and Kennington, as well as south of Stockwell. Additionally, Elizabeth Line services between Abbey Wood and Paddington were suspended. Some stations were closed for safety reasons due to the lack of power.

Commuters faced severe delays, with many stranded in tunnels or on platforms. The lack of information and communication added to the confusion, as passengers were left uncertain about the cause and duration of the disruptions.

Cause of the Power Failure

Transport for London (TfL) attributed the outage to a brief fault in the National Grid's transmission network. Although the fault was resolved within seconds, it caused a voltage dip that affected local distribution networks, leading to the power loss in the Underground system.

The incident underscored the fragility of the city's transport infrastructure, particularly the aging electrical and signaling systems that are vulnerable to such faults, as well as weather-driven events like a major windstorm outage that can trigger cascading failures. While backup systems exist, their capacity to handle sudden disruptions remains a concern.

Broader Implications for Urban Infrastructure

This power outage is part of a broader pattern of infrastructure challenges facing London. In March 2025, a fire at an electrical substation in Hayes led to the closure of Heathrow Airport, affecting over 200,000 passengers, while similar disruptions at BWI Airport have underscored aviation vulnerabilities. These incidents have prompted discussions about the resilience of the UK's energy and transport networks.

Experts argue that aging infrastructure, coupled with increasing demand and climate-related stresses, poses significant risks to urban operations, as seen in a North Seattle outage and in Toronto storm-related outages that tested local grids. There is a growing call for investment in modernization and diversification of energy sources to ensure reliability and sustainability.

TfL's Response and Recovery Efforts

Following the outage, TfL worked swiftly to restore services. By 11 PM, all but one line had resumed operations, with only the Elizabeth Line continuing to experience severe delays. TfL officials acknowledged the inconvenience caused to passengers and pledged to investigate the incident thoroughly, similar to the Atlanta airport blackout inquiry conducted after a major outage, to prevent future occurrences.

In the aftermath, TfL emphasized the importance of clear communication with passengers during disruptions and committed to enhancing its contingency planning and infrastructure resilience.

Public Reaction and Ongoing Concerns

The power outage sparked frustration among commuters, many of whom took to social media to express their dissatisfaction, echoing sentiments during Houston's extended outage about communication gaps and delays. Some passengers reported being trapped in tunnels for extended periods without clear guidance from staff.

The incident has reignited debates about the adequacy of London's transport infrastructure and the need for comprehensive upgrades. While TfL has initiated reviews and improvement plans, the public remains concerned about the potential for future disruptions and the city's preparedness to handle them.

The May 12 power outage serves as a stark reminder of the vulnerabilities inherent in urban infrastructure. As London continues to grow and modernize, ensuring the resilience of its transport and energy networks will be crucial. This includes investing in modern technologies, enhancing communication systems, and developing robust contingency plans to mitigate the impact of future disruptions. For now, Londoners are left reflecting on the lessons learned from this incident and hoping for a more reliable and resilient transport system in the future.

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

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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