Heat wave has plans to stay awhile

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

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Atlantic Canada EV adoption lags, a new poll finds, as fewer buyers consider electric vehicles amid limited charging infrastructure, lower provincial rebates, and affordability pressures in Nova Scotia and Newfoundland compared to B.C. and Quebec.

Key Points

Atlantic Canada EV adoption reflects demand, shaped by rebates, charging access, costs, and the regional energy mix.

✅ Poll shows lowest purchase intent in Atlantic Canada

✅ Lack of rebates and charging slows EV consideration

✅ Income and energy mix affect affordability and benefits

Atlantic Canadians are the least likely to buy a car, truck or SUV in the next year and the most skittish about going electric, according to a new poll. 

Only 31 per cent of Nova Scotians are looking at buying a new or used vehicle before December 2021 rolls around. And just 13 per cent of Newfoundlanders who are planning to buy are considering an electric vehicle. Both those numbers are the lowest in the country. Still, 47 per cent of Nova Scotians considering buying in the next year are thinking about electric options, according to the numbers gathered online by Logit Group and analyzed by Halifax-based Narrative Research. That compares to 41 per cent of Canadians contemplating a vehicle purchase within the next year, with 54 per cent of them considering going electric. 

“There’s still a high level of interest,” said Margaret Chapman, chief operating officer at Narrative Research.  

“I think half of people who are thinking about buying a vehicle thinking about electric is pretty significant. But I think it’s a little lower in Atlantic Canada compared to other parts of the country probably because the infrastructure isn’t quite what it might be elsewhere. And I think also it’s the availability of vehicles as well. Maybe it just hasn’t quite caught on here to the extent that it might have in, say, Ontario or B.C., where the highest level of interest is.” 

Provincial rebates
Provincial rebates also serve to create more interest, she said, citing New Brunswick's rebate program as an example in the region. 

“There’s a $7,500 rebate on top of the $5,000 you get from the feds in B.C. But in Nova Scotia there’s no provincial rebate,” Chapman said. “So I think that kind of thing actually is significant in whether you’re interested in buying an electric vehicle or not.” 

The survey was conducted online Nov. 11–13 with 1,231 Canadian adults. 

Of the people across Canada who said they were not considering an electric vehicle purchase, 55 per cent said a provincial rebate would make them more likely to consider one, she said.  

In Nova Scotia, that number drops to 43 per cent. 

Nova Scotia families have the lowest median after-tax income in the country, according to numbers released earlier this year.  

The national median in 2018 was $61,400, according to Statistics Canada. Nova Scotia was at the bottom of the pack with $52,200, up from $51,400 in 2017. 

So big price tags on electric vehicles might put them out of reach for many Nova Scotians, and a recent cost-focused survey found similar concerns nationwide. 

“I think it’s probably that combination of cost and infrastructure,” Chapman said. 

“But you saw this week in the financial update from the federal government that they’re putting $150 million into new charging station, so were some of that cash to be spread in Atlantic Canada, I’m sure there would be an increase in interest … The more charging stations around you see, you think ‘Alright, it might not be so hard to ensure that I don’t run out of power for my car.’ All of that stuff I think will start to pick up. But right now it is a little bit lagging in Atlantic Canada, and in Labrador infrastructure still lags despite a government push in N.L. to expand EVs.” 

'Simple dollars and cents'
The lack of a provincial government rebate here for electric vehicles definitely factors into the equation, said Sean O’Regan, president and chief executive officer of O'Regan's Automotive Group.  

“Where you see the highest adoption are in the provinces where there are large government rebates,” he said. “It’s a simple dollars and cents (thing). In Quebec, when you combine the rebates it’s up to over $10,000, if not $12,000, towards the car. If you can get that kind of a rebate on a car, I don’t know that it would matter much what it was – it would help sell it.” 

A lot of people who want to buy electric cars are trying to make a conscious decision about the environment, O’Regan said. 

While Nova Scotia Power is moving towards renewable energy, he points out that much of our electricity still comes from burning coal and other fossil fuels, and N.L. lags in energy efficiency as the region works to improve.  

“So the power that you get is not necessarily the cleanest of power,” O’Regan said. “The green advantage is not the same (in Nova Scotia as it is in provinces that produce a lot of hydro power).” 

Compared to five years ago, the charging infrastructure here is a lot better, he said. But it doesn’t compare well to provinces including Quebec and B.C., though Newfoundland recently completed its first fast-charging network for electric car owners. 

“Certainly (with) electric cars – we're selling more and more and more of them,” O'Regan said, noting the per centage would be in the single digits of his overall sales. “But you're starting from zero a few years ago.” 

The highest number of people looking at buying electric cars was in B.C., with 57 per cent of those looking at buying a car saying they’d go electric, and even in southern Alberta interest is growing; like Bob Dylan in 1965 at the Newport Folk Festival.  

“The trends move from west to east across Canada,” said Jeff Farwell, chief executive officer of the All EV Canada electric car store in Burnside.  

“I would use the example of the craft beer market. It started in B.C. about 15 years before it finally went crazy in Nova Scotia. And if you look at Vancouver right now there’s (electric vehicles) everywhere.” 

Expectations high
Farwell expects electric vehicle sales to take off faster in Atlantic Canada than the craft beer market. “A lot faster.” 

His company also sells used electric vehicles in Prince Edward Island and is making moves to set up in Moncton, N.B. 

He’s been talking to Nova Scotia’s Department of Energy and Mines about creating rebates here for new and used electric vehicles. 

 “I guess they’re interested, but nothing’s happened,” Farwell said.  

Electric vehicles require “a bit of a lifestyle change,” he said. 

“The misconception is it takes a lot longer to charge a vehicle if it’s electric and gas only takes me 10 minutes to fill up at the gas station,” Farwell said.  

“The reality is when I go home at night, I plug my vehicle in,” he said. “I get up in the morning and I unplug it and I never have to think about it. It takes two seconds.”  
 

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Bruce C Project advances Ontario clean energy with NRCan funding for nuclear reactors, impact assessment, licensing, and Indigenous engagement, delivering reliable baseload power and low-carbon electricity through pre-development studies at Bruce Power.

Key Points

A proposed nuclear build at Bruce Power, backed by NRCan funding for studies, licensing, and impact assessment to expand clean power.

✅ Up to $50M NRCan support for pre-development

✅ Focus: feasibility, impact assessment, licensing

✅ Early Indigenous and community engagement

Canada's clean energy landscape received a significant boost recently with the announcement of federal funding for the Bruce Power's Bruce C Project. Natural Resources Canada (NRCan) pledged up to $50 million to support pre-development work for this potential new nuclear build on the Bruce Power site. This collaboration between federal and provincial governments signifies a shared commitment to a cleaner energy future for Ontario and Canada.

The Bruce C Project, if it comes to fruition, has the potential to be a significant addition to Ontario's clean energy grid. The project envisions constructing new nuclear reactors at the existing Bruce Power facility, located on the shores of Lake Huron. Nuclear energy is a reliable source of clean electricity generation, as evidenced by Bruce Power's operating record during the pandemic, producing minimal greenhouse gas emissions during operation.

The funding announced by NRCan will be used to conduct crucial pre-development studies. These studies will assess the feasibility of the project from various angles, including technical considerations, environmental impact assessments, and Indigenous and community engagement, informed by lessons from a major refurbishment that required a Bruce reactor to be taken offline, to ensure thorough planning. Obtaining a license to prepare the site and completing an impact assessment are also key objectives for this pre-development phase.

This financial support from the federal government aligns with both national and provincial clean energy goals. The "Powering Canada Forward" plan, spearheaded by NRCan, emphasizes building a clean, reliable, and affordable electricity system across the country. Ontario's "Powering Ontario's Growth" plan echoes these objectives, focusing on investment options, such as the province's first SMR project, to electrify the province's economy and meet its growing clean energy demand.

"Ontario has one of the cleanest electricity grids in the world and the nuclear industry is leading the way," stated Mike Rencheck, President and CEO of Bruce Power. He views this project as a prime example of collaboration between federal and provincial entities, along with the private sector, where recent manufacturing contracts underscore industry capacity.

Nuclear energy, however, remains a topic of debate. While proponents highlight its role in reducing greenhouse gas emissions and providing reliable baseload power, opponents raise concerns about nuclear waste disposal and potential safety risks. The pre-development studies funded by NRCan will need to thoroughly address these concerns as part of the project's evaluation.

Transparency and open communication with local communities and Indigenous groups will also be crucial for the project's success. Early engagement activities facilitated by the funding will allow for open dialogue and address any potential concerns these stakeholders might have.

The Bruce C Project is still in its early stages. The pre-development work funded by NRCan will provide valuable data to determine the project's viability. If the project moves forward, it has the potential to significantly contribute to Ontario's clean energy future, while also creating jobs and economic benefits for local communities and suppliers.

However, the project faces challenges. Public perception of nuclear energy and the lengthy regulatory process are hurdles that will need to be addressed, as debates around the Pickering B refurbishment have highlighted in Ontario. Additionally, ensuring cost-effectiveness and demonstrating the project's long-term economic viability will be critical for securing broader support.

The next few years will be crucial for the Bruce C Project. The pre-development work funded by NRCan will be instrumental in determining its feasibility. If successful, this project could be a game-changer for Ontario's clean energy future, building on the province's Pickering life extensions to strengthen system adequacy, offering a reliable, low-carbon source of electricity for the province and beyond.

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Meaford Pumped Storage Project aims to balance the grid with hydro-electric generation, a hilltop reservoir, and transmission lines near Georgian Bay, pending environmental assessment, permitting, and federal review of impacts on fish and drinking water.

Key Points

TC Energy proposal to pump water uphill off-peak and generate 1,000 MW at peak, pending studies and approvals.

✅ Balances grid by storing off-peak energy and generating at peak.

✅ Requires reservoir, break wall, transmission lines, generating station.

✅ Environmental studies and federal review underway before approvals.

Plans for a $3.3 billion hydro-electric project in Meaford are still in the early study stages, but some residents have concerns about what it might mean for the environment, as past Site C stability issues have illustrated for large hydro projects.

A one-year permit was granted for TC Energy Corporation (TC Energy) to begin studies on the proposed location back in May, and cross-border projects like the New England Clean Power Link require federal permits as well to proceed. Local municipalities were informed of the project in June.

TC Energy is proposing to have a pumped storage project at the 4th Canadian Division Training (4CDTC) Meaford property, which is on federal lands.

A letter sent to local municipalities explains that the plan is to balance supply and demand on the electrical grid by pumping water uphill during off-peak hours. It would then release the water back into Georgian Bay during peak periods, generating up to 1,000 megawatts of electricity.

The project is expected to create 800 jobs over four years of construction, in addition to long-term operational positions.

According to the company's website, the proposed pump station would require a large reservoir on the military base, a generating station, transmission lines infrastructure, and a break wall 850 metres from shore.

Some residents fear the project will threaten the bay and the fish, echoing Site C dam concerns shared with northerners, and the region's drinking water.

Meaford's mayor says the town has no jurisdiction on federal lands, but that a list of concerns has been forwarded to the company, while Ontario First Nations have urged government action on urgent transmission needs elsewhere.

TC Energy will tackle preliminary engineering and environmental studies to determine the feasibility of the proposed location, which could take up to two years.

Once the assessments are done, they need to be presented to the government for further review and approval, as seen when Ottawa's Site C stance left work paused pending a treaty rights challenge.

TC Energy's website states that the company anticipates construction to begin in 2022 if it gets all the go-ahead, with the plant to begin operations four years later.

Input from residents is being collected until April 2020, similar to when the National Energy Board heard oral traditional evidence on the Manitoba-Minnesota transmission line.

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California Electricity Prices are surging across PG&E, SCE, and SDG&E territories, driven by fixed grid costs, wildfire mitigation, CARE subsidies, and Net Energy Metering, burdening low-income renters and increasing statewide utility debt, CPUC reports show.

Key Points

High rates driven by fixed grid costs and policies, burdening low-income customers across PG&E, SCE, and SDG&E.

✅ Fixed costs: transmission, distribution, wildfire mitigation

✅ Solar NEM shifts grid costs onto remaining ratepayers

✅ CPUC, CARE, LIHEAP aim to relieve rising utility debt

California's electricity prices are among the highest in the country, new research says, and those costs are falling disproportionately on a customer base that's already struggling to pay their bills.

PG&E customers pay about 80 percent more per kilowatt-hour than the national average, according to a study by the energy institute at UC Berkeley's Haas Business School with the nonprofit think tank Next 10. The study analyzed the rates of the state's three largest investor-owned utilities and found that Southern California Edison charged 45 percent more than the national average, while San Diego Gas & Electric charged double. Even low-income residents enrolled in the California Alternate Rates for Energy program paid more than the average American.

"California's retail prices are out of line with utilities across the country," said UC Berkeley assistant professor and study co-author Meredith Fowlie, citing Hawaii and some New England states among the outliers with even higher rates. "And they're increasing, as regulators face calls for action across the state."

So why are prices so high?
One reason is that California's size and geography inflate the "fixed" costs of operating its electric system, even as the state considers revamping electricity rates to clean the grid in parallel, which include maintenance, generation, transmission, and distribution as well as public programs like CARE and wildfire mitigation, according to the study. Those costs don't change based on how much electricity residents consume, yet between 66 and 77 percent of Californians' electricity bills are used to offset the costs of those programs, the study found.

These are legitimate expenses, Fowlie said. However, because lower-income residents use only moderately less electricity than higher income households, they end up with a disproportionate share of the burden, according to the study. And while the bills of older, wealthier Californians continue to decrease as they adopt cost-efficient alternatives like the state's Net Energy Metering solar program and the resulting solar power cost shift dynamic, costs will keep rising for a shrinking customer base composed mostly of low- and middle-income renters who still use electricity as their main energy source.

"When households adopt solar, they're not paying their fair share," Fowlie said. While solar users generate power that decreases their bills, they still rely on the state's electric grid for much of their power consumption - without paying for its fixed costs like others do.

"As this continues it's going to make electricity even more unaffordable," said F. Noel Perry, founder of Next 10, which funds nonpartisan research on the economy and environment.

PG&E this month raised its electricity rates 3.7 percent, amounting to a $5.01 a month increase for the average residential customer, who now pays $138.85 a month for electricity. It was the second increase this year, as regulators consider major changes to electric bills statewide, said Mark Toney, executive director of The Utility Reform Network, who noted that higher rates are particularly difficult for those who have lost their jobs in the pandemic. The California Public Utilities Commission last year approved a PG&E plan for more incremental increases through Dec. 31, 2022.

PG&E spokesperson Kristi Jourdan said in an email statement that the company was committed to keeping prices as low as possible as the state weighs income-based flat-fee utility bills proposals, and that although some programs are meant to be subsidized through rates, "in other cases, given that some customers have greater access to energy alternatives, the remaining customers - often those with limited means - are left paying unintended subsidies."

The costs quickly became overwhelming for Fretea Sylver, who rents a small house in Castro Valley and lost much of her work as the owner of a small woodwork business early in the pandemic. "They're little tiny changes but they accumulate. You turn around and you're like wait a second, why is my bill $20 more?," Sylver said. "And you have to pay it, no matter what."

Many more are unable to pay. Between February and December of last year, Californians accumulated more than $650 million in late payments from their utility providers, according to an analysis by the CPUC. In 2019, utility debt fell $71,646,869 from the prior year.

Sylver, who was on unemployment for 10 months last year, accumulated over $600 in unpaid PG&E bills. "We sort of went into a bit of debt, having to use credit cards and loans to sustain what we had to pay for. We're trying to catch up," Sylver said. The family received some help from the federal Low-Income Home Energy Assistance Program, which provides up to $1,000 to those who are late on their utility bills.

The study identified improvements to make California's power grid more equitable, such as income-based fixed electricity charges for the grid's cost that are based on income. Republican state senators this week called on the state to use federal relief money to forgive the billions Californians owe in utility debt, even as some lawmakers move to overturn income-based utility charges amid ongoing debate. Californians are currently protected by a statewide moratorium on disconnection for nonpayment of electricity bills through June 30. The CPUC this month began taking public input on the issue of how to grant some relief to those who have fallen behind on their utility bills.

This article is part of the California Divide, a collaboration among newsrooms examining income inequality and economic survival in California.

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Ontario Teachers' Evoltz Acquisition expands electricity transmission in Brazil, adding seven grid lines across ten states, aligning infrastructure strategy with inflation-linked cash flows, renewable energy integration, Latin America and net-zero objectives pending regulatory approvals.

Key Points

A 100% purchase of Brazil's Evoltz, adding seven grid lines and delivering stable, inflation-linked cash flows.

✅ 100% stake in Evoltz with seven transmission lines

✅ Aligns with net-zero and renewable energy strategy

✅ Inflation-linked, core infrastructure cash flows in Brazil

The Ontario Teachers’ Pension Plan has acquired Evoltz Participações, an electricity transmission firm in Brazil, from US asset manager TPG. 

The retirement system took a 100% stake in the energy firm, Ontario Teachers’ said Monday. The acquisition has netted the pension fund seven electricity transmission lines that service consumers and businesses across 10 states in Brazil, amid dynamics similar to electricity rate reductions for businesses seen in Ontario. The firm was founded by TPG just three years ago. 

“Our strategy focuses on allocating significant capital to high-quality core infrastructure assets with lower risks and stable inflation-linked cash flows,” Dale Burgess, senior managing director of infrastructure and natural resources at Ontario Teachers, said in a statement. “Electricity transmission businesses are particularly attractive given their importance in facilitating a transition to a low-carbon economy.” 

The pension fund has invested in other electricity distribution companies recently. In March, Ontario Teachers’ took a 40% stake in Finland’s Caruna, and agreed to acquire a 25% stake in SSEN Transmission in the UK grid. For more than a decade, it has maintained a 50% stake in Chile-based transmission firm Saesa. 

The investment into Evoltz demonstrates Ontario Teachers’ growing portfolio in Brazil and Latin America, while activity in Ontario such as the Peterborough Distribution sale reflects ongoing utility consolidation. In 2016, the firm, with the Canada Pension Plan Investment Board (CPPIB), invested in toll roads in Mexico. They took a 49% stake with Latin American infrastructure group IDEAL. 

Evoltz, which delivers renewable energy, will also help decarbonize the pension fund’s portfolio. In January, the fund pledged to reach net-zero carbon emissions by 2050. Last year, Ontario Teachers’ issued its first green bond offering. The $890 million 10-year bond will help the retirement system fund sustainable investments aligned with policy measures like Ontario's subsidized hydro plan during COVID-19. 

However, Ontario Teachers’ has also received criticism for its investment into parts of Abu Dhabi’s gas pipeline network, and investor concerns about Hydro One highlight sector uncertainties. Last summer, it joined other institutional investors in investing $10.1 billion for a 49% stake. 

As of December, Ontario Teachers’ reached a portfolio with C$221.2 billion (US$182.5 billion) in assets. Since 1990, the fund has maintained a 9.6% annualized return. Last year, it missed its benchmark with an 8.6% return, with examples such as Hydro One shares fall after shake-up underscoring market volatility.

The pension fund expects the deal will close later this fall, pending closing conditions and regulatory approvals, including decisions such as the OEB combined T&D rates ruling that shape utility economics. 

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