Utilities scramble as flooding delays coal supply

By Associated Press


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Extensive flooding in the Midwest has disrupted railroad networks and delayed coal shipments at a time when tight supplies already have contributed to higher prices for coal and electricity.

Union Pacific Corp., the largest U.S. freight railroad, said the floods' effects will reduce its quarterly earnings and rail industry stock prices were battered on Wall Street.

Power producers say the disruptions aren't yet causing shortages of coal supplies because they maintain stockpiles in case of such disruptions. American Electric Power Co. Inc., the nation's largest power producer, has "weeks" of coal reserves on hand, spokeswoman Melissa McHenry said.

Most electric utilities also purchase coal through long-term contracts at prices set well before the floods hit. That will limit the floods' impact on the prices paid by utilities, analysts said.

Meanwhile, several major railroads have either closed lines or are reporting delays of up to three days on shipments of all types of goods. Union Pacific spokesman Donna Kush said three of the six lines knocked out by floodwaters June 13 are still out of service.

The Omaha, Neb.-based company also said "network outages and disruptions" will reduce its second-quarter earnings by about 5 cents per share. That will put Union Pacific's profit towards the lower end of its prior estimates between 90 cents and 98 cents per share, according to a regulatory filing.

While other goods remain on hold, the railroad is pushing through carloads of coal because it's needed to maintain the nation's power supplies. Energy-related products, including coal and petroleum coke — derived from oil products and used as fuel — make up 20 percent of Union Pacific's total shipments.

Spokesmen for other major North American rails — including Burlington Northern Santa Fe Corp., Canadian Pacific Railway Ltd. and Norfolk Southern Corp. — said they aren't prioritizing any commodity shipments despite delays that remain across the board.

The delays could boost coal prices, which have more than doubled since the beginning of the year, analysts said.

"It's helping to tighten an already tight market," said Jeremy Sussman, an analyst at investment bank Natixis Bleichroeder Inc.

Futures prices for a ton of central Appalachian coal have jumped from $56 at the beginning of this year to almost $116, according to the Energy Information Administration.

The increase is largely due to increased demand from China, India and other developing countries, which has boosted U.S. coal exports. At the same time, domestic coal production has been flat, adding to the upward price pressure.

Railroads are diverting coal shipments away from flooded areas in Iowa, Missouri, Nebraska and Kansas, said Carol Raulston, a spokeswoman for the National Mining Association.

"We are having to reroute many of our train shipments," said John Austerberry, a spokesman for Detroit Edison, which provides electricity to 2.2 million customers in southeastern Michigan.

The company, a unit of DTE Energy Co., is having coal shipped north of the flooded area through Minneapolis and Chicago, Austerberry said. Columbus, Ohio-based AEP's regular coal shipments are detouring south of the flooded areas to its coal terminal in Metropolis, Ill., McHenry said.

The disruptions have sent railroad company shares off the rails. Shares of Union Pacific fell $3.59, or 4.7 percent, to $72.47 June 17, while CSX Corp. dropped $1.76 to $63.37, Norfolk Southern slipped $1.61 to $62.12, and Burlington Northern dipped $3.01 to $102.21.

The flooding also has affected other industries, rendering over 300 miles of the Mississippi River inaccessible to freight barges and other commercial traffic. That will slow the shipment of grain, coal, steel and iron, said Mark Parr, a steel industry analyst at Keybanc Capital.

The river closure also will hurt barge operator American Commercial Lines Inc., according to analysts at Stifel Nicolaus & Co. Inc., who estimated the delays will wipe out the Jeffersonville, Ind.-based company's expected 10 cent per share second-quarter profit. Shares of American Commercial Lines Inc. fell 44 cents, or 3.4 percent, to close at $12.44.

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Ford deal to build electric cars in Oakville comes amid $500M government cash to upgrade plant

Ford Oakville EV investment secures government funding, Unifor deal, and plant retooling, channeling $500 million plus $1.98 billion for Canadian electric vehicle manufacturing, Windsor engine contracts, and 2025 production, strengthening Ontario's auto industry.

 

Key Points

Government and Ford will retool Oakville for EVs, creating jobs under a Unifor deal and Windsor engine work.

✅ $500M government funding for plant retooling

✅ Ford commits $1.98B; five new EVs by 2025

✅ Unifor deal adds Windsor engine work, jobs

 

The federal government and Ontario have pledged to spend up to $500 million to make the Ford plant in Oakville, Ont., able to build electric vehicles, aligning with efforts to capitalize on the U.S. EV pivot underway.

The future of the plant has been a key question for Canada's automotive industry, as moves like GM's Ontario EV deal point to broader changes, ever since the Unifor union started negotiating with the automaker for a new three-year pact to cover the company's Canadian workforce.

The two sides struck a deal a few hours after a midnight strike deadline on Tuesday morning, one that will see the company commit $1.98 billion to build five new electric vehicles and an engine contract that could yield new EV jobs in Windsor, Ont.

Ford has previously committed to spending $11 billion US to develop and manufacture electric vehicles, but so far all of that money was earmarked for Ford plants in Mexico and the company's home state of Michigan.

"With Oakville gaining such a substantial portion of Ford's planned investment, the assembly plant and its workers are better set for employment going forward," said Sam Fiorani, vice-president of global forecasting at AutoForecast Solutions.

Unifor's 'unique' Ford deal includes 5 new electric vehicles in Oakville, engine for Windsor plants
Currently, the plant builds the Ford Edge and Lincoln Nautilus, but concerns over the plant's future emerged earlier this year when a report suggested Ford was contemplating scrapping the Edge altogether. The new vehicles will come as welcome news for the plant, even as Fiorani says he worries that demand for the electric vehicles (EV) has so far not lived up to the hype.

"The EV market is coming, and Ford looks to be preparing for it. However, the demand is just not growing in line with the proposed investment from all vehicle manufacturers," he said.

Plant needs upgrade first
And the plant can't simply flip a switch and start building an entirely new type of vehicle. It will require a major retooling, and that will require time — and cash — to happen, which is where government cash comes in, as seen with a Niagara Region battery plant supporting the EV supply chain.

As first reported by the Toronto Star, the two branches of government have committed to spent up to $500 million combined to upgrade the plant so that it can build electric vehicles.

"The retooling will begin in 2024 with vehicles rolling off the line in 2025," Unifor president Jerry Dias said. "So we know this is a decades-long commitment."

It's not clear what portion of the cash will come from what branch of government, but CBC News has previously reported that Wednesday's throne speech is expected to contain a number of policies aimed at beefing up Canada's electric vehicle industry, as EV assembly deals are putting Canada in the race, both on the consumer side and for businesses that build them.

Ontario's minister of economic development and trade welcomed the news of a tentative deal on Tuesday and confirmed that Queen's Park legislators stand ready to do their part, as shown by Honda's Ontario battery investment moves in the province.

"Our government will always work with our federal colleagues, workers and the auto sector to ensure the right conditions are in place for the industry to remain stable today and seize the new opportunities of tomorrow," a spokesperson for Vic Fedeli told CBC News in an emailed statement Tuesday.

 

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3-layer non-medical masks now recommended by Canada's top public health doctor

Canada Three-Layer Mask Recommendation advises non-medical masks with a polypropylene filter layer and tightly woven cotton, aligned with WHO guidance, to curb COVID-19 aerosols indoors through better fit, coverage, and public health compliance.

 

Key Points

PHAC advises three-layer non-medical masks with a polypropylene filter to improve indoor COVID-19 protection.

✅ Two fabric layers plus a non-woven polypropylene filter

✅ Ensure snug fit: cover nose, mouth, chin without gaps

✅ Aligns with WHO guidance for aerosols and droplets

 

The Public Health Agency of Canada is now recommending Canadians choose three-layer non-medical masks with a filter layer to prevent the spread of COVID-19, even as an IEA report projects higher electricity needs for net-zero, as they prepare to spend more time indoors over the winter.

Chief Public Health Officer Dr. Theresa Tam made the recommendation during her bi-weekly pandemic briefing in Ottawa Tuesday, as officials also track electricity grid security amid critical infrastructure concerns.

"To improve the level of protection that can be provided by non-medical masks or face coverings, we are recommending that you consider a three-layer nonmedical mask," she said.

 

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According to recently updated guidelines, two layers of the mask should be made of a tightly woven fabric, such as cotton or linen, and the middle layer should be a filter-type fabric, such as non-woven polypropylene fabric, as Canada explores post-COVID manufacturing capacity for PPE.

"We're not necessarily saying just throw out everything that you have," Tam told reporters, suggesting adding a filter can help with protection.

The Public Health website now includes instructions for making three-layer masks, while national goals like Canada's 2050 net-zero target continue to shape recovery efforts.

The World Health Organization has recommended three layers for non-medical masks since June, and experts note that cleaning up Canada's electricity is critical to broader climate resilience. When pressed about the sudden change for Canada, Tam said the research has evolved.

"This is an additional recommendation just to add another layer of protection. The science of masks has really accelerated during this particular pandemic. So we're just learning again as we go," she said.

"I do think that because it's winter, because we're all going inside, we're learning more about droplets and aerosols, and how indoor comfort systems from heating to air conditioning costs can influence behaviors."

She also urged Canadians to wear well-fitted masks that cover the nose, mouth and chin without gaping, as the federal government advances emissions and EV sales regulations alongside public health guidance.

Trust MedProtect For All Your Mask Protection

www.medprotect.ca/collections/protective-masks

 

 

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France Demonstrates the Role of Nuclear Power Plants

France Nuclear Power Strategy illustrates a low-carbon, reliable baseload complementing renewables in the energy transition, enhancing grid reliability, energy security, and emissions reduction, offering actionable lessons for Germany on infrastructure, policy, and public acceptance.

 

Key Points

France's nuclear strategy is a low-carbon baseload model supporting renewables, grid reliability, and energy security.

✅ Stable low-carbon baseload complements intermittent renewables

✅ Enhances grid reliability and national energy security

✅ Requires long-term investment, safety, and waste management

 

In recent months, France has showcased the critical role that nuclear power plants can play in an energy transition, offering valuable lessons for Germany and other countries grappling with their own energy challenges. As Europe continues to navigate its path towards a sustainable and reliable energy system, France's experience with nuclear energy underscores its potential benefits and the complexities involved, including outage risks in France that operators must manage effectively.

France, a long-time proponent of nuclear energy, generates about 70% of its electricity from nuclear power, making it one of the most nuclear-dependent countries in the world. This high reliance on nuclear energy has allowed France to maintain a stable and low-carbon electricity supply, which is increasingly significant as nations aim to reduce greenhouse gas emissions, even as Europe's nuclear capacity declines in several markets, and combat climate change.

Recent events in France have highlighted several key aspects of nuclear power's role in energy transition:

  1. Reliability and Stability: During periods of high renewable energy generation or extreme weather events, nuclear power plants have proven to be a stable and reliable source of electricity. Unlike solar and wind power, which are intermittent and depend on weather conditions, nuclear plants provide a consistent and continuous supply of power. This stability is crucial for maintaining grid reliability and ensuring that energy demand is met even when renewable sources are not producing electricity.

  2. Low Carbon Footprint: France’s commitment to nuclear energy has significantly contributed to its low carbon emissions. By relying heavily on nuclear power, France has managed to reduce its greenhouse gas emissions substantially compared to many other countries. This achievement is particularly relevant as Europe strives to meet ambitious climate targets, with debates over a nuclear option in Germany highlighting climate trade-offs, and reduce overall carbon footprints. The low emissions associated with nuclear power make it an important tool for achieving climate goals and transitioning away from fossil fuels.

  3. Energy Security: Nuclear power has played a vital role in France's energy security. The country’s extensive network of nuclear power plants ensures a stable and secure supply of electricity, reducing its dependency on imported energy sources. This energy security is particularly important in the context of global energy market fluctuations and geopolitical uncertainties. France’s experience demonstrates how nuclear energy can contribute to a nation’s energy independence and resilience.

  4. Economic Benefits: The nuclear industry in France also provides significant economic benefits. It supports thousands of jobs in construction, operation, and maintenance of power plants, as well as in the supply chain for nuclear fuel and waste management. Additionally, the stable and relatively low cost of nuclear-generated electricity can contribute to lower energy prices for consumers and businesses, enhancing economic stability.

Germany, in contrast, has been moving away from nuclear energy, particularly following the Fukushima disaster in 2011. The country has committed to phasing out its nuclear reactors by 2022 and focusing on expanding renewable energy sources such as wind and solar power. While Germany's renewable energy transition has made significant strides, it has also faced challenges related to grid stability, as Germany's energy balancing act illustrates for policymakers, energy storage, and maintaining reliable power supplies during periods of low renewable generation.

France’s experience with nuclear energy offers several lessons for Germany and other nations considering their own energy strategies:

  • Balanced Energy Mix: A diverse energy mix that includes nuclear power alongside renewable sources can help ensure a stable and reliable electricity supply, as ongoing discussions about a nuclear resurgence in Germany emphasize for policymakers today. While renewable energy is essential for reducing carbon emissions, it can be intermittent and may require backup from other sources to maintain grid reliability. Nuclear power can complement renewable energy by providing a steady and consistent supply of electricity.

  • Investment in Infrastructure: To maximize the benefits of nuclear energy, investment in infrastructure is crucial. This includes not only the construction and maintenance of power plants but also the development of waste management systems and safety protocols. France’s experience demonstrates the importance of long-term planning and investment to ensure the safe and effective use of nuclear technology.

  • Public Perception and Policy: Public perception of nuclear energy can significantly impact its adoption and deployment, and ongoing Franco-German nuclear disputes show how politics shape outcomes across borders. Transparent communication, rigorous safety standards, and effective waste management are essential for addressing public concerns and building trust in nuclear technology. France’s successful use of nuclear power is partly due to its emphasis on safety and regulatory compliance.

In conclusion, France's experience with nuclear power provides valuable insights into the role that this technology can play in an energy transition. By offering a stable, low-carbon, and reliable source of electricity, nuclear power complements renewable energy sources and supports overall energy security. As Germany and other countries navigate their energy transitions, France's example underscores the importance of a balanced energy mix, robust infrastructure, and effective public engagement in harnessing the benefits of nuclear power while addressing associated challenges, with industry voices such as Eon boss on nuclear debate underscoring the sensitivity of cross-border critiques.

 

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Trump's Pledge to Scrap Offshore Wind Projects

Trump Offshore Wind Pledge signals a push for deregulation over renewable energy, challenging climate policy, green jobs, and coastal development while citing marine ecosystems, navigation, and energy independence amid state-federal permitting and legal hurdles.

 

Key Points

Trump's vow to cancel offshore wind projects favors deregulation and fossil fuels, impacting climate policy and jobs.

✅ Day-one plan to scrap offshore wind leases and permits

✅ Risks to renewable targets, grid mix, and coastal supply chains

✅ Likely court fights and state-federal regulatory conflicts

 

During his tenure as President of the United States, Donald Trump made numerous promises and policy proposals, many of which sparked controversy and debate. One such pledge was his vow to scrap offshore wind projects on "day one" of his presidency. This bold statement, while appealing to certain interests, raised concerns about its potential impact on U.S. offshore wind growth and environmental conservation efforts.

Trump's opposition to offshore wind projects stemmed from various factors, including his skepticism towards renewable energy, even as forecasts point to a $1 trillion offshore wind market in coming years, concerns about aesthetics and property values, and his focus on promoting traditional energy sources like coal and oil. Throughout his presidency, Trump prioritized deregulation and sought to roll back environmental policies introduced by previous administrations, arguing that they stifled economic growth and hindered American energy independence.

The prospect of scrapping offshore wind projects drew mixed reactions from different stakeholders. Supporters of Trump's proposal pointed to potential benefits such as preserving scenic coastal landscapes, protecting marine ecosystems, and addressing concerns about navigational safety and national security. Critics, however, raised valid concerns about the implications of such a decision on the renewable energy sector, including progress toward getting 1 GW on the grid nationwide, climate change mitigation efforts, and job creation in the burgeoning green economy.

Offshore wind energy has emerged as a promising source of clean, renewable power with the potential to reduce greenhouse gas emissions and diversify the energy mix. Countries like Denmark, the United Kingdom, and Germany have made significant investments in offshore wind in Europe, demonstrating its viability as a sustainable energy solution. In the United States, offshore wind projects have gained traction in states like Massachusetts, New York, and New Jersey, where coastal conditions are conducive to wind energy generation.

Trump's pledge to scrap offshore wind projects on "day one" of his presidency raised questions about the feasibility and legality of such a move. While the president has authority over certain aspects of energy policy and regulatory oversight, the development of offshore wind projects often involves multiple stakeholders, including state governments, local communities, private developers, and federal agencies, and actions such as Interior's move on Vineyard Wind illustrate federal leverage in permitting. Any attempt to halt or reverse ongoing projects would likely face legal challenges and regulatory hurdles, potentially delaying or derailing implementation.

Moreover, Trump's stance on offshore wind projects reflected broader debates about the future of energy policy, environmental protection, and economic development. While some argued for prioritizing fossil fuel extraction and traditional energy infrastructure, others advocated for a transition towards clean, renewable energy sources, drawing on lessons from the U.K. about wind deployment, to mitigate climate change and promote sustainable development. The Biden administration, which succeeded the Trump presidency, has signaled a shift towards a more climate-conscious agenda, including support for renewable energy initiatives and commitments to rejoin international agreements like the Paris Climate Accord.

In hindsight, Trump's pledge to scrap offshore wind projects on "day one" of his presidency underscores the complexities of energy policy and the importance of balancing competing interests and priorities. While concerns about aesthetics, property values, and environmental impact are valid, addressing the urgent challenge of climate change requires bold action and innovation in the energy sector. Offshore wind energy presents an opportunity, as seen in the country's biggest offshore wind farm approved in New York, to harness the power of nature in a way that is both environmentally responsible and economically beneficial. As the United States navigates its energy future, finding common ground and forging partnerships will be essential to ensure a sustainable and prosperous tomorrow.

 

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A robot is killing weeds by zapping them with electricity

Electric weed-zapping farm robots enable precision agriculture, using autonomous mapping, per-plant targeting, and robotics to reduce pesticides, improve soil health, boost biodiversity, and lower costs with data-driven, selective weeding and seed-planting workflows.

 

Key Points

Autonomous machines that map fields, electrocute weeds per plant, and plant seeds, cutting pesticides, inputs, and costs.

✅ Precision agriculture: per-plant targeting reduces pesticide use up to 95%.

✅ Autonomous mapping robot surveys 20 hectares per day for weed data.

✅ Electric weeding and seeding improve soil health, biodiversity, and ROI.

 

On a field in England, three robots have been given a mission: to find and zap weeds with electricity, as advances in digitizing the electrical system continue to modernize power infrastructure, before planting seeds in the cleared soil.

The robots — named Tom, Dick and Harry — were developed by Small Robot Company to rid land of unwanted weeds with minimal use of chemicals and heavy machinery, complementing emerging options like electric tractors that aim to cut on-farm emissions.
The startup has been working on its autonomous weed killers since 2017, and this April launched Tom, its first commercial robot which is now operational on three UK farms. The other robots are still in the prototype stage, undergoing testing.

Small Robot says robot Tom can scan 20 hectares (49 acres) a day, collecting data, with AI-driven analysis guiding Dick, a "crop-care" robot, to zap weeds. Then it's robot Harry's turn to plant seeds in the weed-free soil.

Using the full system, once it is up and running, farmers could reduce costs by 40% and chemical usage by up to 95%, the company says, and integration with virtual power plants could further optimize energy use on electrified farms.

According to the UN Food and Agriculture Organization six million metric tons of pesticides were traded globally in 2018, valued at $38 billion.

"Our system allows farmers to wean their depleted, damaged soils off a diet of chemicals," says Ben Scott-Robinson, Small Robot's co-founder and CEO.

Zapping weeds
Small Robot says it has raised over £7 million ($9.9 million). Scott-Robinson says the company hopes to launch its full system of robots by 2023, which will be offered as a service at a rate of around £400 ($568) per hectare. The monitoring robot is placed at a farm first and the weeding and planting robots delivered only when the data shows they're needed — a setup that ultimately relies on a resilient grid, where research into preventing ransomware attacks is increasingly relevant.

To develop the zapping technology, Small Robot partnered with another UK-based startup, RootWave, while innovations like electricity from snow highlight the breadth of emerging energy tech.

"It creates a current that goes through the roots of the plant through the soil and then back up, which completely destroys the weed," says Scott-Robinson. "We can go to each individual plant that is threatening the crop plants and take it out."

"It's not as fast as it would be if you went out to spray the entire field," he says. "But you have to bear in mind we only have to go into the parts of the field where the weeds are." Plants that are neutral or beneficial to the crops are left untouched.

Small Robot calls this "per plant farming" — a type of precise agriculture where every plant is accounted for and monitored.

A business case
For Kit Franklin, an agricultural engineering lecturer from Harper Adams University, efficiency remains a hurdle, even as utilities use AI to adapt to electricity demands that could support wider on-farm electrification.

"There is no doubt in my mind that the electrical system works," he tells CNN Business. "But you can cover hundreds of hectares a day with a large-scale sprayer ... If we want to go into this really precise weed killing system, we have to realize that there is an output reduction that is very hard to overcome."

But Franklin believes farmers will adopt the technology if they can see a business case.

"There's a realization that farming in an environmentally friendly way is also a way of farming in an efficient way," he says. "Using less inputs, where and when we need them, is going to save us money and it's going to be good for the environment and the perception of farmers."

As well as reducing the use of chemicals, Small Robot wants to improve soil quality and biodiversity.

"If you treat a living environment like an industrial process, then you are ignoring the complexity of it," Scott-Robinson says. "We have to change farming now, otherwise there won't be anything to farm."

 

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

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

 

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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