Farmers want to grow power

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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Washington County solar farm incentives aim to steer projects to industrial sites with tax breaks, underground grid connections, decommissioning bonds, and wildlife corridors, balancing zoning, historic preservation, and Maryland renewable energy mandates.

Key Points

Policies steer solar to industrial sites with tax breaks, buried lines, and bonds, aligning with zoning and state goals.

✅ Tax breaks to favor rooftops and parking canopies

✅ Bury new grid lines to shift projects to industrial parks

✅ Require decommissioning bonds and wildlife corridors

Incentives for establishing solar farms at industrial spaces instead of on prime farmland are among the ideas the Washington County Planning Commission is recommending for the county to update its policies regarding solar farms.

Potential incentives would include tax breaks on solar equipment and requiring developers to put power-grid connections and line extensions underground, a move tied to grid upgrade cost debates in other regions, Planning Commission members said during a Monday meeting.

The tax break could make it more attractive for a developer to put a solar farm on a roof or over a parking lot, similar to California's building-solar requirement policies that favor rooftop generation, which could cost more than putting it on farmland, said Commission member Dave Kline, who works for FirstEnergy.

Requiring a company to bury new transmission lines could steer them to industrial or business parks where, theoretically, transmission lines are more readily available, Kline said Wednesday in a phone interview.

Chairman Clint Wiley suggested talking to industrial property owners to create a list of industrial sites that make sense for a solar site, which could generate extra income for the property owner.

Commission members also talked about requiring a wildlife corridor. Anne Arundel County requires such a corridor if a solar site is over 15 acres, according to Jill Baker, deputy director of planning and zoning. The solar site is broken into sections so animals such as deer can get through, she said.

However, that means the solar farm would take up more agricultural land, Commission member Jeremiah Weddle said. Weddle, a farmer, has repeatedly voiced concerns about solar farms using prime farmland.

County zoning law already states solar farms are prohibited in Rural Legacy Areas, Priority Preservation Areas, and within Antietam Overlay zones that preserve the Antietam National Battlefield viewshed. They also cannot be built on land with permanent preservation easements, Baker said.

However, a big reason county officials are looking to strengthen county policies for solar generating systems, or solar farms, is a recent court decision that ruled the Maryland Public Service Commission can preempt county zoning law when it comes to large solar farms.

County zoning law defines a solar energy generating system as a solar facility, with multiple solar arrays, tied into the power grid and whose primary purpose is to generate power to distribute and/or sell into the public utility grid rather than consuming that power on site.

The Maryland Court of Appeals ruled in July that the Public Service Commission can preempt local zoning regarding solar farms larger than 2 megawatts. But the ruling also stated local government is a "significant participant in the process" and the state commission must give "due consideration" to local zoning laws.

County officials are looking at recommendations for solar farms, whether they are over 2 megawatts or not.

Solar farms are a popular issue statewide, especially with Maryland solar subscriptions expanding, and were discussed at a recent Maryland Association of Counties meeting for planners, Planning and Zoning Director Stephen Goodrich said.

The thinking is the best way for counties to express their opinions about a solar project is to participate in the state commission's local public hearings, where issues like how solar owners are paid often arise, Goodrich said. Another popular idea is for the county to continue to follow its process, which requires a public hearing for a special exception to establish a solar farm. That will help the county form an opinion, on individual cases, to offer the state commission, he said.

Recommendations discussed by the Planning Commission include:

A break on personal property taxes, which is on equipment, including affordable battery storage that can firm output, to steer developers away from areas where the county doesn't want solar farms. The Board of County Commissioners have been split on tax-break agreements for solar farms, with a majority recently granting a few.

Protecting valuable historic sites.

Requiring a decommissioning bond for removing the equipment at the end of the solar farm's life. The bond is protection in case the company goes bankrupt. The county commissioners have been making such a bond a requirement when granting recent tax breaks.

Looking at allowing solar farms in stormwater-management areas.

Other counties, particularly in Western Maryland and on the Eastern Shore, are having issues with solar farms even as research to improve solar and wind advances, because land is cheaper and there are wide-open spaces, Goodrich said.

Many solar projects are being developed or proposed because state lawmakers passed legislation requiring 50% of electricity produced in the state to come from renewable sources by 2030, and a federal plan to expand solar is also shaping expectations. Of that 50%, 14.5% is to come from solar energy.

In Maryland, the average number of homes that can be powered by 1 megawatt of solar energy is about 110, according to the Solar Energy Industries Association's website.

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UK Clean Electricity Record as wind, solar, and biomass boost renewable energy output, slashing carbon emissions and wholesale power prices during lockdown, while lower demand challenges grid balancing and drives a drop to 153 g/kWh.

Key Points

A milestone where wind, solar and biomass lifted renewables, cutting carbon intensity to 153 g/kWh during lockdown.

✅ Carbon intensity averaged 153 g/kWh in Q2 2020.

✅ Renewables output rose 32% via wind, solar, biomass.

✅ Wholesale power prices slumped 42% amid lower demand.

U.K electricity has never been cleaner. As wind, solar and biomass plants produced more power than ever in the second quarter, with a new wind generation record set, carbon emissions fell by a third from a year earlier, according to Drax Electric Insight’s quarterly report. Power prices slumped 42 per cent as demand plunged during lockdown. Total renewable energy output jumped 32 per cent in the period, as wind became the main source of electricity at times.

“The past few months have given the country a glimpse into the future for our power system, with higher levels of renewable energy, as wind led the power mix, and lower demand making for a difficult balancing act,”said  Iain Staffell, from Imperial College London and lead author of the report.

The findings of the report point to the impact energy efficiency can have on reducing emissions, as coal's share fell to record lows across the electricity system. Millions of people furloughed or working from home and shuttered shops up and down the country resulted in daily electricity demand dropping about 10% and being about four gigawatts lower than expected in the three months through June.

Average carbon emissions fell to a new low of 153 grams per kWh of electricity consumed over the quarter, as coal-free generation records were extended, even though low-carbon generation stalled in 2019, according to the report.

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Hydro-Québec Unified Corporate Structure advances the energy transition through integrated planning, strategy, infrastructure delivery, and customer operations, aligning generation, transmission, and distribution while ensuring non-discriminatory grid access and agile governance across assets and behind-the-meter technologies.

Key Points

A cross-functional model aligning strategy, planning, and operations to accelerate Quebec's low-carbon transition.

✅ Four groups: strategy, planning, infrastructure, operations.

✅ Ensures non-discriminatory transmission access compliance.

✅ No staff reductions; staged implementation from Feb 28.

As Hydro-Que9bec prepares to play a key role in the transition to a low-carbon economy, the complexity of the work to be done in the coming decade requires that it develop a global vision of its operations and assets, from the drop of water entering its turbines to the behind-the-meter technologies marketed by its subsidiary Hilo. This has prompted the company to implement a new corporate structure that will maximize cooperation and agility, including employee-led pandemic support that builds community trust, making it possible to bring about the energy transition efficiently with a view to supporting the realization of Quebecers’ collective aspirations.

Toward a single, unified Hydro

Hydro-Québec’s core mission revolves around four major functions that make up the company’s value chain, alongside policy choices like peak-rate relief during emergencies. These functions consist of:

1. Developing corporate strategies based on current and future challenges and business opportunities
2. Planning energy needs and effectively allocating financial capital, factoring in pandemic-related revenue impacts on demand and investment timing
3. Designing and building the energy system’s multiple components
4. Operating assets in an integrated fashion and providing the best customer experience by addressing customer choice and flexibility expectations across segments.

Accordingly, Hydro-Québec will henceforth comprise four groups respectively in charge of strategy and development; integrated energy needs planning; infrastructure and the energy system; and operations and customer experience, including billing accuracy concerns that can influence satisfaction. To enable the company to carry out its mission, these groups will be able to count on the support of other groups responsible for corporate functions.

Across Canada, leadership changes at other utilities highlight the need to rebuild ties with governments and investors, as seen with Hydro One's new CEO in Ontario.

“For over 20 years, Hydro-Québec has been operating in a vertical structure based on its main activities, namely power generation, transmission and distribution. This approach must now give way to one that provides a cross-functional perspective allowing us to take informed decisions in light of all our needs, as well as those of our customers and the society we have the privilege to serve,” explained Hydro-Québec’s President and Chief Executive Officer, Sophie Brochu.

In terms of gender parity, the management team continues to include several men and women, thus ensuring a diversity of viewpoints.

Hydro-Québec’s new structure complies with the regulatory requirements of the North American power markets, in particular with regard to the need to provide third parties with non-discriminatory access to the company’s transmission system. The frameworks in place ensure that certain functions remain separate and help coordinate responses to operational events such as urban distribution outages that challenge continuity of service.

These changes, which will be implemented gradually as of Monday, February 28, do not aim to achieve any staff reductions.

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Israel Electricity Reform Competition opens the supply segment to private suppliers, challenges IEC price controls, and promises consumer choice, marginal discounts, and market liberalization amid natural gas generation and infrastructure remaining with IEC.

Key Points

Policy opening 40% of supply to private vendors, enabling consumer choice and small discounts while IEC retains the grid.

✅ 40% of retail supply opened to private electricity suppliers

✅ IEC keeps meters, lines; tariffs still regulated by the authority

✅ Expected discounts near 7%, not dramatic price cuts initially

"See the pseudo-reform in the electricity sector: no lower prices, no opening the market to competition, and no choice of electricity suppliers, with a high rate for consumers despite natural gas." This is an advertisement by the Private Power Producers Forum that is appearing everywhere: Facebook, the Internet, billboards, and the press.

Is it possible that the biggest reform in the economy with a cost estimated by Israel Electric Corporation (IEC) (TASE: ELEC.B22) at NIS 7 billion is really a pseudo-reform? In contrast to the assertions by the private electricity producers, who are supposedly worried about our wallets and want to bring down the cost of electricity for us, the reform will open a segment of electricity supply to competition, as agreed in the final discussions about the reform. No less than 40% of this segment will be removed from IEC's exclusive responsibility and pass to private hands.

This means that in the not-too-distant future, one million households in Israel will be able to choose between different electricity suppliers. IEC will retain the infrastructure, with its meter and power lines, but for the first time, the supplier who sends the monthly bill to our home can be a private concern.

Up until now, the only regulatory agency determining the electricity rate in Israel was the Public Utilities Authority (electricity), i.e. the state. Now, in the framework of the reform, as a result of opening the supply segment to competition, private electricity producers will be able to offer a lower rate than IEC's, with mechanisms like electricity auctions shown to cut costs in some markets, while IEC's rate will still be controlled by the Public Utilities Authority (electricity).

This situation differs from the situation in almost all European countries, where the electricity market is fully open to competition and the EU is pursuing an electricity market revamp to address pricing challenges, with no electricity price controls and free switching by consumers between electricity producers, just as in the mobile phone market. This measure has not lowered electricity prices in Europe, where rates are higher than in Israel, which is in the bottom third of OECD countries in its electricity rate.

Regardless of reports, supply will be opened to competition and we will be able to choose between electricity suppliers in the future. Are the private electricity producers nevertheless right when they say that the electricity sector will not be opened to "real competition"?

What is obviously necessary is for the private producers to offer a substantially lower rate than IEC in order to attract as many new customers as possible and win their trust. Can the private producers offer a significantly lower rate than IEC? The answer is no, at least not in the near future. The teams handling the negotiations are aware of this. "The private supplier's price will not be significantly cheaper than IEC's controlled price; there will be marginal discounts," a senior government source explains. "What is involved here is another electricity intermediary, so it will not contribute to competition and lowering the price," he added.

There are already private electricity producers supplying electricity to large business customers - factories, shopping malls, and so forth - at a 7% discount. The rest of the electricity that they produce is sold to the system manager. When supply is opened to competition, it can be assumed that the private suppliers will also be able to offer a similar discount to private consumers.

Will a 7% discount cause a home consumer to leave reliable and familiar IEC for a private producer, given evidence from retail electricity competition in other markets? This is hard to know.

#google#

Why cannot private electricity producers offer a larger discount that will really break the monopoly, as their advertisement says they want to do? Chen Herzog, chief economist and partner at BDO Consulting, which is advising the Private Power Producers Forum, says, "Competition in supply requires the construction of competitive power plants that can compete and offer cheaper electricity.

"The power plants that IEC will sell in the reform, which will go on selling electricity to IEC, are outmoded, inefficient, and non-competitive. In addition, the producer will have to continue employing IEC workers in the purchased plants for at least five years. The producer will generate electricity in IEC power stations with IEC employees and additional overhead of a private producer, with factors such as cost allocation further shaping end-user rates. This amounts to being an IEC subcontractor in production. There is no saving on costs, so there will be no surplus to deduct from the consumer price," he adds.

The idea of opening supply to electricity market competition on such a large scale sounds promising, but saving on electricity for consumers still looks a long way off.

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Snohomish PUD rate increase addresses storm recovery after a bomb cyclone and extended cold snap, stabilizing finances and grid reliability while offering assistance programs, payment plans, and energy efficiency for customers.

Key Points

Temp 5.8% residential hike in Feb 2025 to recover storm costs, meet cold snap demand, and uphold reliable service.

✅ 5.8% residential increase effective Feb 2025

✅ Driven by bomb cyclone damage and cold snap demand

✅ Aid includes payment plans, efficiency rebates, low income support

In early February 2025, the Snohomish County Public Utility District (PUD) announced a temporary increase in electricity rates to offset the financial impact of severe weather events, including a bomb cyclone and an extended cold snap, that occurred in late 2024. This decision aims to stabilize the utility's finances, a pattern seen at other utilities such as Florida Power & Light, which pursued a hurricane surcharge to recover storm costs, while ensuring continued service reliability for its customers.

Background of the Weather Events

In November 2024, the Pacific Northwest experienced a powerful bomb cyclone—a rapidly intensifying storm characterized by a significant drop in atmospheric pressure. This event brought heavy rainfall, strong winds, and widespread power outages across the region. Compounding the situation, a prolonged cold weather period in December 2024 and January 2025 led to increased energy demand, and similar conditions drove up Pennsylvania power rates in the same winter season, as residents and businesses relied heavily on heating systems.

Impact on Snohomish PUD

The combination of the bomb cyclone and the subsequent cold weather placed considerable strain on the Snohomish PUD's infrastructure and financial resources. The utility incurred substantial costs for emergency repairs, restoration efforts, and the procurement of additional electricity to meet the heightened demand during the cold snap. These unforeseen expenses prompted the PUD to seek a temporary rate adjustment to maintain financial stability and continue providing reliable service to its customers.

Details of the Rate Increase

Effective February 2025, the Snohomish PUD implemented a temporary electricity rate increase of 5.8% for residential customers, compared with a 3% BC Hydro increase in the same region for context. This adjustment is designed to recover the additional costs incurred during the severe weather events. The PUD has communicated that this rate increase is temporary and will be reevaluated after a specified period to determine if further adjustments are necessary.

Customer Impact and Assistance Programs

While the rate increase is intended to be temporary, it may still pose a financial burden for some customers, even as some markets expect rates to stabilize in 2025 in other jurisdictions. To mitigate this impact, the Snohomish PUD has outlined several assistance programs:

• Payment Plans: Customers facing financial hardship can enroll in extended payment plans to spread the cost of the increased rates over a longer period.

• Energy Efficiency Programs: The PUD offers incentives and resources to help customers reduce energy consumption, potentially lowering their overall bills.

• Low-Income Assistance: Eligible low-income customers may qualify for additional support through state and federal assistance programs.

The utility encourages customers to contact their customer service department to explore these options and find the best solutions for their individual circumstances.

Community Response and Future Considerations

The announcement of the rate increase has elicited mixed reactions from the community. Some residents express understanding, recognizing the necessity of maintaining infrastructure and service reliability. Others have voiced concerns about the financial impact, particularly among vulnerable populations, a debate also seen with higher BC Hydro rates in nearby British Columbia.

Looking ahead, the Snohomish PUD is committed to enhancing its infrastructure to better withstand future extreme weather events, an approach aligned with other utilities' multi-year rate proposals to fund upgrades. This includes investing in grid modernization, implementing advanced weather forecasting tools, and developing comprehensive emergency response plans. The utility also plans to engage with the community through public forums and surveys to gather feedback and collaboratively develop strategies that balance financial sustainability with customer affordability.

The temporary electricity rate increase by the Snohomish County Public Utility District reflects the financial challenges posed by severe weather events and parallels regional trends, including BC Hydro's 3.75% over two years adjustments, and underscores the importance of proactive infrastructure investment and community engagement. While the rate adjustment aims to stabilize the utility's finances, the PUD remains focused on supporting its customers through assistance programs and ongoing efforts to enhance service reliability and resilience against future climate-related events.

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