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Alberta Energy Price Spike signals rising electricity and natural gas costs; lock in fixed rates as storage is low, demand surged in heat waves, and exports rose after Hurricane Ida, driving volatility and higher futures.

Key Points

An anticipated surge in Alberta electricity and natural gas prices, urging consumers to lock fixed rates to reduce risk.

✅ Fixed-rate gas near $3.79/GJ vs futures approaching $6/GJ

✅ Low storage after heat waves and U.S. export demand

✅ Switch providers or plans; UCA comparison tool helps

Energy economists are warning Albertans to review their gas and electricity bills and lock in a fixed rate if they haven't already done so because prices are expected to spike in the coming months.

"I have been urging anyone who will listen that every single Albertan should be on a fixed rate for this winter," University of Calgary energy economist Blake Shaffer said Monday. "And I say that for both natural gas and power."

Shaffer said people will rightly point out energy costs make up only roughly a third of their monthly bill. The rest of the costs for such things as delivery fees can't be avoided. 

But, he said, "there is an energy component and it is meaningful in terms of savings." 

For example, Shaffer said, when he checked last week, a consumer could sign a fixed rate gas contract for $3.79 a gigajoule and the current future price for gas is nearly $6 a gigajoule.

A typical household would use about 15 gigajoules a month, he said, so a consumer could save $30 to $45 a month for five months. For people on lower or fixed incomes, "that is a pretty significant saving."

Comparable savings can also be achieved with electricity, he said.

Shaffer said research has shown households that are least able to afford sharp increases in gas and electrical bills are less likely to pick up the phone and call their energy provider and either negotiate a lower fixed rate contract or jump to a new provider. 

But, he said, it is definitely worth the time and effort, particularly as Calgary electricity bills are rising across the city. Alberta's Utilities Consumer Advocate has a handy cost comparison tool on its website that allows consumers to conduct regional price comparisons that will assist in making an informed decision.

"Folks should know that for most providers you can change back to a floating rate any time you want," Shaffer said.

Summer heat wave affected natural gas supply
Why are energy prices set to spike in Alberta, which is a major producer of natural gas?

Sophie Simmonds, managing director of the brokerage firm Anova Energy, said Alberta is now generating the majority of its power using natural gas. 

The heat wave in June and July created record electrical demand. Normally, natural gas is stored in the summer for use in the winter. But this year, there was much greater gas consumption in the summer and so less was stored. 

Alberta also set a new electricity usage record during a recent deep freeze, underscoring system stress.

On top of that, Alberta has been exporting much more natural gas to the United States since August and September because Hurricane Ida knocked out natural gas assets in the Gulf of Mexico.

"So what this means is we are actually going into winter with very, very low storage numbers," Simmonds said.

Why natural gas prices have surged to some of their highest levels in years
Canadians to remain among world's top energy users even as government strives for net zero
Consultant Matt Ayres said he believes rising electricity prices also are being affected by Alberta's transition from carbon-intensive fuel sources to less carbon-intensive fuel sources.

"That transition is not always smooth," said Ayres, who is also an adjunct assistant professor at the University of Calgary's School of Public Policy. 

"It is my view that at least some of the price increases we are seeing on electricity comes down to difficulties imposed by that transition and also by a reduction in competition amongst generators, as well as power market overhaul debates shaping policy." 

In 2019, under the leadership of Premier Jason Kenney the UCP government removed the former NDP government's rate cap on electricity at the time.

The NDP has called for the government to reinstate the cap but the UCP government has dismissed that as unsustainable and unrealistic.

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Vogtle Units 3 and 4 are Westinghouse AP1000 nuclear reactors under construction in Waynesboro, Georgia, led by Southern Nuclear, Georgia Power, and Bechtel, adding 2,234 MWe of carbon-free baseload power with DOE loan guarantees.

Key Points

Vogtle Units 3 and 4 are AP1000 reactors in Georgia delivering 2,234 MWe of low-carbon baseload electricity.

✅ Each unit: Westinghouse AP1000, 1,117 MWe capacity.

✅ Managed by Southern Nuclear, built by Bechtel.

✅ DOE loan guarantees support financing and risk.

Construction is ongoing for two new nuclear reactors, Units 3 and 4, at Georgia Power's Alvin W. Vogtle Electric Generating Plant in Waynesboro, Ga. the first new nuclear reactors to be constructed in the United Stated in 30 years, mirroring a new U.S. reactor startup that will provide electricity to more than 500,000 homes and businesses once operational.

Construction on Unit 3 started in March 2013 with an expected completion date of November 2021. For Unit 4, work began in November 2013 with a targeted delivery date of November 2022. Each unit houses a Westinghouse AP1000 (Advanced Passive) nuclear reactor that can generate about 1,117 megawatts (MWe). The reactor pressure vessels and steam generators are from Doosan, a South Korean firm.

The pouring of concrete was delayed to 2013 due to the United States Nuclear Regulatory Commission issuing a license amendment which permitted the use of higher-strength concrete for the foundations of the reactors, eliminating the need to make additional modifications to reinforcing steel bar.

The work is occurring in the middle of an operational nuclear facility, and the construction area contains many cranes and storage areas for the prefabricated parts being installed. Space also is needed for various trucks making deliveries, especially concrete.

The reactor buildings, circular in shape, are several hundred feet apart from one another and each one has an annex building and a turbine island structure. The estimated total price for the project is expected in the $18.7 billion range. Bechtel Corporation, which built Units 1 and 2, was brought in January 2017 to take over the construction that is being overseen by Southern Nuclear Operating Company (SNOC), which operates the plant.

The project will require the equivalent of 3,375 miles of sidewalk; the towers for Units 3 and 4 are 60 stories high and have two million pound CA modules; the office space for both units is 300,000 sq. ft.; and there are more than 8,000 construction workers over 30 percent being military veterans. The new reactors will create 800 permanent jobs.

Southern Nuclear and Georgia Power took over management of the construction project in 2017 after Westinghouse's Chapter 11 bankruptcy. The plant, built in the late 1980s with Unit 1 becoming operational in 1987 and Unit 2 in 1989, is jointly owned by Georgia Power (45.7 percent), Oglethorpe Power Corporation (30 percent), Municipal Electric Authority of Georgia (22.7 percent) and Dalton Utilities (1.6 percent).

"Significant progress has been made on the construction of Vogtle 3 and 4 since the transition to Southern Nuclear following the Westinghouse bankruptcy," said Paul Bowers, Chairman, President and CEO of Georgia Power. "While there will always be challenges in building the first new nuclear units in this country in more than 30 years, we remain focused on reducing project risk and maintaining the current project momentum in order to provide our customers with a new carbon-free energy source that will put downward pressure on rates for 60 to 80 years."

The Vogtle and Hatch nuclear plants currently provide more than 20 percent of Georgia's annual electricity needs. Vogtle will be the only four-unit nuclear facility in the country. The energy is needed to meet the rising demand for electricity as the state expects to have more than four million new residents by 2030.

The plant's expansion is the largest ongoing construction project in Georgia and one of the largest in the state's history, while comparable refurbishments such as the Bruce reactor overhaul progress in Canada. Last March an agreement was signed to secure approximately $1.67 billion in additional Department of Energy loan guarantees. Georgia Power previously secured loan guarantees of $3.46 billion.

The signing highlighted the placement of the top of the containment vessel for Unit 3, echoing the Hinkley Point C roof lift seen in the U.K., which signified that all modules and large components had been placed inside it. The containment vessel is a high-integrity steel structure that houses critical plant components. The top head is 130 ft. in diameter, 37 ft. tall, and weighs nearly 1.5 million lbs. It is comprised of 58 large plates, welded together with each more than 1.5 in. thick.

"From the very beginning, public and private partners have stood with us," said Southern Company Chairman, President and CEO Tom Fanning. "Everyone involved in the project remains focused on sustaining our momentum."

Bechtel has completed more than 80 percent of the project, and the major milestones for 2019 have been met, aligning with global nuclear milestones reported across the industry, including setting the Unit 4 pressurizer inside the containment vessel last February, which will provide pressure control inside the reactor coolant system. More specialized construction workers, including craft labor, have been hired via the addition of approximately 300 pipefitters and 350 electricians since November 2018. Another 500 to 1,000 craft workers have been more recently brought in.

A key accomplishment occurred last December when 1,300 cu. yds. of concrete were poured inside the Unit 4 containment vessel during a 21-hour operation that involved more than 100 workers and more than 120 truckloads of concrete. In 2018 alone, more than 23,000 cu. yds. of concrete were poured part of the nearly 600,000 cu. yds. placed since construction started, and the installation of more than 16,200 yds. of piping.

Progress also has been solid for Unit 3. Last January the integrated head package (IHP) was set inside the containment vessel. The IHP, weighing 475,000 lbs. and standing 48 ft. tall, combines several separate components in one assembly and allows the rapid removal of the reactor vessel head during a refueling outage. One month earlier, the placement of the third and final ring for containment vessel, and the placement of the fourth and final reactor coolant pump (RCP, 375,000 lbs.), were executed.

"Weighing just under 2 million pounds, approximately 38 feet high and with a diameter of 130 feet, the ring is the fourth of five sections that make up the containment vessel," stated a Georgia Power press release. "The RCPs are mounted to the steam generator and serve a critical part of the reactor coolant system, circulating water from the steam generator to the reactor vessel, allowing sufficient heat transfer for safe plant operation. In the same month, the Unit 3 shield building with additional double-decker panels, was placed.

According to a construction update from Georgia Power, a total of eight six-panel sections have been placed, with each one measuring 20 ft. tall and 114 ft. wide, weighing up to 300,000 lbs. To date, more than half of the shield building panels have been placed for Unit 3. The shield building panels, fabricated in Newport News, Va., provide structural support to the containment cooling water supply and protect the containment vessel, which houses the reactor vessel.

Building the reactors is challenging due to the design, reflecting lessons from advanced reactors now being deployed. Unit 3 will have 157 fuel assemblies, with each being a little over 14 ft. long. They are crucial to fuelling the reactor, and once the initial fueling is completed, nearly one-third of the fuel assemblies will be replaced for each re-fuelling operation. In addition to the Unit 3 containment top, placement crews installed three low-pressure turbine rotors and the generator rotor inside the unit's turbine building.

Last November, major systems testing got underway at Unit 3 as the site continues to transition from construction toward system operations. The Open Vessel Testing will demonstrate how water flows from the key safety systems into the reactor vessel ensuring the paths are not blocked or constricted.

"This is a significant step on our path towards operations," said Glen Chick, Vogtle 3 & 4 construction executive vice president. "[This] will prepare the unit for cold hydro testing and hot functional testing next year both critical tests required ahead of initial fuel load."

It also confirms that the pumps, motors, valves, pipes and other components function as designed, a reminder of how issues like the South Carolina plant leak can disrupt operations when systems falter.

"It follows the Integrated Flush process, which began in August, to push water through system piping and mechanical components that feed into the Unit 3 reactor vessel and reactor coolant loops for the first time," stated a press release. "Significant progress continues ... including the placement of the final reinforced concrete portion of the Unit 4 shield building. The 148-cubic yard placement took eight hours to complete and, once cured, allows for the placement of the first course of double-decker panels. Also, the upper inner casing for the Unit 3 high-pressure turbine has been placed, signifying the completion of the centerline alignment, which will mean minimal vibration and less stress on the rotors during operations, resulting in more efficient power generation."

The turbine rotors, each weighing approximately 200 tons and rotating at 1,800 revolutions per-minute, pass steam through the turbine blades to power the generator.

The placement of the middle containment vessel ring for Unit 4 was completed in early July. This required several cranes to work in tandem as the 51-ft. tall ring weighed 2.4 million lbs. and had dozens of individual steel plates that were fabricated on site.

A key part of the construction progress was made in late July with the order of the first nuclear fuel load for Unit 3, which consists of 157 fuel assemblies with each measuring 14 ft. tall.

On May 7, Unit 3 was energized (permanently powered), which was essential to perform the testing for the unit. Prior to this, the plant equipment had been running on temporary construction power.

"[This] is a major first step in transitioning the project from construction toward system operations," Chick said.

Construction of the north side of the Unit 3 Auxiliary Building (AB) has progressed with both the floor and roof modules being set. Substantial work also occurred on the steel and concrete that forms the remaining walls and the north AB roof at elevation.

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Africa Energy Access Funding faces disbursement bottlenecks as SDG 7 goals demand investment in decentralized solar, minigrids, and rural electrification; COVID-19 pressures donors, requiring faster approvals, standardized documentation, and stronger project preparation and due diligence.

Key Points

Financing to expand Africa's electrification, advancing SDG 7 via disbursement to decentralized solar and minigrids.

✅ Accelerates investment for SDG 7 and rural electrification

✅ Prioritizes decentralized solar, minigrids, and utilities

✅ Speeds approvals, standard docs, and project preparation

The time frame from final funding approval to disbursement can be the most painful part of any financing process, and the access-to-electricity sector is not spared.

Amid the global spread of the coronavirus over the last few weeks, there have been several funding pledges to promote access to electricity in Africa. In March, the African Development Bank and other partners committed $160 million for the Facility for Energy Inclusion to boost electricity connectivity in Africa through small-scale solar systems and minigrids. Similarly, the Export-Import Bank of the United States allocated $91.5 million for rural electrification in Senegal.

Rockefeller chief wants to redefine 'energy poverty'

Rajiv Shah, president of The Rockefeller Foundation, believes that SDG 7 on energy access lacks ambition. He hopes to drive an effort to redefine it.

Currently, funding is not being adequately deployed to help achieve universal access to energy. The International Energy Agency’s “Africa Energy Outlook 2019” report estimated that an almost fourfold increase in current annual access-to-electricity investments — approximately $120 billion a year over the next 20 years — is required to provide universal access to electricity for the 530 million people in Africa that still lack it.

While decentralized renewable energy across communities, particularly solar, has been instrumental in serving the hardest-to-reach populations, tracking done by Sustainable Energy for All — in the 20 countries with about 80% of those living without access to sustainable energy — suggests that decentralized solar received only 1.2% of the total electricity funding.

The spread of COVID-19 is contributing significantly to Africa’s electricity challenges across the region, creating a surge in the demand for energy from the very important health facilities, an exponential increase in daytime demand as a result of most people staying and working indoors, and a rise from some food processing companies that have scaled up their business operations to help safeguard food security, among others. Thankfully — and rightly so — access-to-electricity providers are increasingly being recognized as “essential service” providers amid the lockdowns across cities.

To start tackling Africa’s electricity challenges more effectively, “funding-ready” energy providers must be able to access and fulfill the required conditions to draw down on the already pledged funding. What qualifies as “funding readiness” is open to argument, but having a clear, commercially viable business and revenue model that is suitable for the target market is imperative.

Developing the skills required to navigate the due-diligence process and put together relevant project documents is critical and sometimes challenging for companies without prior experience. Typically, the final form of all project-related agreements is a prerequisite for the final funding approval.

In addition, having the right internal structures in place — for example, controls to prevent revenue leakage, an experienced management team, a credible board of directors, and meeting relevant regulatory requirements such as obtaining permits and licenses — are also important indicators of funding readiness.

1. Support for project preparation. Programs — such as the Private Financing Advisory Network and GET.invest’s COVID-19 window — that provide business coaching to energy project developers are key to helping surmount these hurdles and to increasing the chances of these projects securing funding or investment. Donor funding and technical-assistance facilities should target such programs.

2. Project development funds. Equity for project development is crucial but difficult to attract. Special funds to meet this need are essential, such as the $760,000 for the development of small-scale renewable energy projects across sub-Saharan Africa recently approved by the African Development Bank-managed Sustainable Energy Fund for Africa.

3. Standardized investment documentation. Even when funding-ready energy project developers have secured investors, delays in fulfilling the typical preconditions to draw down funds have been a major concern. This is a good time for investors to strengthen their technical assistance by supporting the standardization of approval documents and funding agreements across the energy sector to fast-track the disbursement of funds.

4. Bundled investment approvals and more frequent approval sessions. While we implement mechanisms to hasten the drawdown of already pledged funding, there is no better time to accelerate decision-making for new access-to-electricity funding to ensure we are better prepared to weather the next storm. Donors and investors should review their processes to be more flexible and allow for more frequent meetings of investment committees and boards to approve transactions. Transaction reviews and approvals can also be conducted for bundled projects to reduce transaction costs.

5. Strengthened local capacity. African countries must also commit to strengthening the local manufacturing and technical capacity for access-to-electricity components through fiscal incentives such as extended tax holidays, value-added-tax exemptions, accelerated capital allowances, and increased investment allowances.

The ongoing pandemic and resulting impacts due to lack of electricity have further shown the need to increase the pace of implementation of access-to-electricity projects. We know that some of the required capital exists, and much more is needed to achieve Sustainable Development Goal 7 — about access to affordable and clean energy for all — by 2030.

It is time to accelerate our support for access-to-electricity companies and equip them to draw down on pledged funding, while calling on donors and investors to speed up their funding processes to ensure the electricity gets to those most in need.

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China Energy Crisis drives electricity shortages, power cuts, and blackouts as coal prices surge, carbon-neutrality rules tighten, and manufacturing hubs ration energy, disrupting supply chains and industrial output ahead of winter demand peaks.

Key Points

A power shortfall from costly coal, price caps, and emissions targets, causing blackouts and industrial rationing.

✅ Coal prices soar while electricity tariffs are capped

✅ Factories in northeast hubs face rationing and downtime

✅ Supply chains risk delays ahead of winter demand

China is struggling with a severe shortage of electricity which has left millions of homes and businesses hit by power cuts.

Blackouts are not that unusual in the country but this year a number of factors have contributed to a perfect storm for electricity suppliers, including surging electricity demand globally.

The problem is particularly serious in China's north eastern industrial hubs as winter approaches - and is something that could have implications for the rest of the world.

Why has China been hit by power shortages?
The country has in the past struggled to balance electricity supplies with demand, which has often left many of China's provinces at risk of power outages.

During times of peak power consumption in the summer and winter the problem becomes particularly acute.

But this year a number of factors have come together to make the issue especially serious.

As the world starts to reopen after the pandemic, demand for Chinese goods is surging and the factories making them need a lot more power, highlighting China's electricity appetite in recent months.

Rules imposed by Beijing as it attempts to make the country carbon neutral by 2060 have seen coal production slow, even as the country still relies on coal for more than half of its power and as low-emissions generation is set to cover most global demand growth.

And as electricity demand has risen, the price of coal has been pushed up.

But with the government strictly controlling electricity prices, coal-fired power plants are unwilling to operate at a loss, with many drastically reducing their output instead.

Who is being affected by the blackouts?
Homes and businesses have been affected by power cuts as electricity has been rationed in several provinces and regions.

A coal-burning power plant can be seen behind a factory in China"s Inner Mongolia Autonomous Region

The state-run Global Times newspaper said there had been outages in four provinces - Guangdong in the south and Heilongjiang, Jilin and Liaoning in the north east. There are also reports of power cuts in other parts of the country.

Companies in major manufacturing areas have been called on to reduce energy usage during periods of peak demand or limit the number of days that they operate.

Energy-intensive industries such as steel-making, aluminium smelting, cement manufacturing and fertiliser production are among the businesses hardest hit by the outages.

What has the impact been on China's economy?
Official figures have shown that in September 2021, Chinese factory activity shrunk to the lowest it had been since February 2020, when power demand dropped as coronavirus lockdowns crippled the economy.

Concerns over the power cuts have contributed to global investment banks cutting their forecasts for the country's economic growth.

Goldman Sachs has estimated that as much as 44% of the country's industrial activity has been affected by power shortages. It now expects the world's second largest economy to expand by 7.8% this year, down from its previous prediction of 8.2%.

Globally, the outages could affect supply chains, including solar supply chains as the end-of-the-year shopping season approaches.

Since economies have reopened, retailers around the world have already been facing widespread disruption amid a surge in demand for imports.

China's economic planner, the National Development and Reform Commission (NDRC), has outlined a number of measures to resolve the problem, with energy supplies in the northeast of the country as its main priority this winter.

The measures include working closely with generating firms to increase output, ensuring full supplies of coal and promoting the rationing of electricity.

The China Electricity Council, which represents generating firms, has also said that coal-fired power companies were now "expanding their procurement channels at any cost" in order to guarantee winter heat and electricity supplies.

However, finding new sources of coal imports may not be straightforward.

Russia is already focused on its customers in Europe, Indonesian output has been hit by heavy rains and nearby Mongolia is facing a shortage of road haulage capacity,

Are energy shortages around the world connected?
Power cuts in China, UK petrol stations running out of fuel, energy bills jumping in Europe, near-blackouts in Japan and soaring crude oil, natural gas and coal prices on wholesale markets - it would be tempting to assume the world is suddenly in the grip of a global energy drought.

However, it is not quite as simple as that - there are some distinctly different issues around the world.

For example, in the UK petrol stations have run dry as motorists rushed to fill up their vehicles over concerns that a shortage of tanker drivers would mean fuel would soon become scarce.

Meanwhile, mainland Europe's rising energy bills and record electricity prices are due to a number of local factors, including low stockpiles of natural gas, weak output from the region's windmills and solar farms and maintenance work that has put generating operations out of action.
 

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Ontario Hydrogen Strategy accelerates green hydrogen via electrolysis, reduced electricity rates, and IESO pilots, leveraging ICI, interruptible rates, and surplus power to grow clean tech, low-carbon energy, and export markets across Ontario.

Key Points

A provincial plan to scale green hydrogen with electricity costs, IESO pilots, and surplus power to boost tech.

✅ Amends ICI to admit hydrogen producers from 50 kW demand

✅ Enables co-located electrolysers to use surplus curtailed power

✅ Offers interruptible rates via IESO pilot for flexible loads

The Ontario Ministry of Energy is seeking input on accelerating Ontario’s hydrogen economy. The province has been promoting growth in the clean tech sector, including low-carbon energy production and the Hydrogen Innovation Fund, as an avenue for post-COVID-19 economic recovery. Hydrogen produced through electrolysis (or “green hydrogen”) has been central to these efforts, complimenting both federal and provincial initiatives to create vibrant domestic and export markets for the energy as a principal alternative to conventional fossil fuels.

On April 14, 2022, the Ministry filed a proposal (the Proposal) on the Environmental Registry of Ontario (ERO) to gather input from stakeholders, aligning with the province’s industrial electricity pricing consultation underway. As part of Ontario’s Hydrogen Strategy, the Ministry is considering several options that would provide reduced electricity rates for green hydrogen producers to make production more economically competitive with other energies. To date, the relatively high production cost of green hydrogen has been a challenge facing its adoption, both domestically and internationally.

The Proposal features three options:

• Amending the rules for the Industrial Conservation Initiative (ICI) applicable to hydrogen producers;
• Enabling onsite hydrogen production using electricity that would otherwise be curtailed; and
• Providing an interruptible electricity rate for hydrogen producers.

Option 1: Amending the ICI rules

Option 1 would amend the ICI rules to allow all hydrogen producers with an average monthly peak demand of 50kW to participate. Hydrogen producers’ facilities could qualify for ICI in the first year of operation with a peak demand factor determined based on a deemed consumption profile, using a method yet to be determined by the Ministry. At the end of the first year, their global adjustment (GA) charges would be reconciled based on their actual consumption pattern. As set out in our prior article, GA was introduced by the province in January 2005 to ensure reliable, sustainable and a diverse supply of power at stable and competitive prices, aligning with plans to rely on battery storage to meet rising energy demand. The Ministry’s current proposal would require hydrogen producers to place a security deposit for their facilities’ first year of operation with the Independent Electricity System Operator (IESO) or their Local Distribution Company (LDC) to ensure other consumer would not be adversely affected.

Option 2: Enable onsite hydrogen production using surplus electricity

Option 2 would allow businesses to co-locate hydrogen electrolysers at electricity generation facilities, drawing on recent electrolyzer investment trends, to make use of what would become curtailed generation. Under this option in the Proposal, the developer for the hydrogen production facility would be required to be a separate legal entity from the one that owns or operates the electricity generation facility. Based on this required level of independence, the hydrogen developer would be required to pay the electricity generator for the electricity supply.

At this stage, it is not clear whether, or how the generator would be required to share the revenue with other consumers. The next steps of the Proposal may require regulatory amendments, and/or amendments to electricity generator’s contracts, consistent with efforts enabling storage in Ontario's electricity system to integrate flexible resources.

Option 3: Interruptible electricity rates for hydrogen producers

In 2021, the Ministry posted a proposal on the ERO including an Interruptible Rate Pilot that was to be developed in conjunction with the IESO in order to address stakeholder feedback received during the 2019 Industrial Consultation specific to the challenges of identifying and responding to peak demand events while participating in the ICI. The pilot was targeted towards large electricity consumers, where participants were charged GA at a reduced rate in exchange for agreeing to reduce consumption during system or local reliability events, as identified by IESO.

Option 3 would allow for the introduction for a dedicated stream for hydrogen producers into the interruptible rate pilot, which is currently under development with the IESO. This would take into account the unique circumstances of hydrogen producers, as well as the importance of the hydrogen sector in Ontario’s Low-Carbon Hydrogen Strategy. Under the pilot, participants would be given advance notice by the IESO to reduce demand over a fixed number of hours, several times each year, and emerging vehicle-to-grid models where EV owners can sell electricity back to the grid highlight additional flexibility options. Ultimately, the pilot would support low-carbon hydrogen production by offering large electricity consumers, such as hydrogen producers, reduced electricity rates in exchange for reduces consumption during system or local reliability events.

Following this initial development work, the Ministry intends to consult with stakeholders later this year to determine design details, as well as the timing for the potential roll out of the proposed pilot.

Key takeaways

The design options are not meant to be mutually exclusive, and might be pursued by the Ministry in combination. Ultimately, Ontario is focusing on ways to reduce electricity rates in an attempt to make the province a leader in the adoption of green hydrogen, as made clear in the Ontario Hydrogen Strategy, even as an electricity supply crunch looms, underscoring the urgency. Stakeholders will want to participate in this process given its long-term implications for both the hydrogen and power sectors.

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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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