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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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California Utility Spending Bill scrutinizes how ratepayer funds are used by utilities, targeting lobbying, advertising, wildfire prevention cost pass-throughs, and CPUC oversight to curb high electricity bills and increase accountability and transparency statewide.

Key Points

Legislation restricting utilities from using ratepayer money for lobbying and ads, with stronger CPUC oversight.

✅ Bans ratepayer-funded lobbying and political advertising

✅ Expands prohibited utility communications and influence spending

✅ Aims to curb bills, boost transparency, and CPUC accountability

California's legislators are about to vote on a bill that would impose stricter regulations on how utility companies spend the money they collect from ratepayers. This legislation directly responds to the growing discontent among Californians who are already grappling with high electricity bills, as Californians ask why electricity prices are soaring amid wildfire prevention efforts.

Consumer rights groups have been vehemently critical of how utilities have been allocating customer funds, amid growing calls for regulatory action from state officials. They allege that a substantial portion of this money is being funnelled into lobbying efforts and advertising campaigns that yield no direct benefits for the customers themselves.

The proposed bill would significantly broaden the definition of what constitutes prohibited advertising and political influence activities on the part of utility companies, separate from income-based fixed electricity charges proposals that affect rate design. This would effectively restrict the ways in which utilities can utilize customer funds for such purposes.

While consumer advocacy groups have favored the legislation, it has drawn opposition from utility companies and some labor unions, as lawmakers weigh overturning income-based utility charges in parallel debates. Opponents contend that it would hinder utilities' ability to communicate effectively with their customers and advocate for their interests. Additionally, they express concerns that the bill could result in job losses within the utility sector.

The vote on the bill is expected to take place on Monday. The outcome of the vote is uncertain, but it is sure to be a closely watched development for Californians struggling with the burden of high electricity bills, with many wondering about major changes to their electric bills in the near term.

California's Electricity Rates: A Burden for Residents

A recent report by the California Public Utilities Commission (CPUC) revealed that the average Californian household spends a significantly higher amount on electricity compared to the national average. This disparity in electricity rates can be attributed to a number of factors, including the financial costs associated with wildfire prevention measures, investments in renewable energy infrastructure, and maintenance of aging electrical grids, even as the state considers revamping electricity rates to clean the grid.

Examples of Utility Company Spending that Raise Concerns

Consumer rights groups have specifically highlighted instances where utility companies have used customer money to fund lavish executive compensation packages, sponsor professional sports teams, and finance political campaigns. They argue that these expenditures do not provide any tangible benefits to ratepayers and should not be funded through customer bills.

The Need for Accountability and Prioritization

Proponents of the bill believe that the legislation is necessary to ensure that utility companies are held accountable for how they spend customer funds. They believe that the stricter regulations would compel utilities to prioritize investments that directly improve the quality and reliability of electricity services for Californians, alongside discussions of income-based flat-fee utility bills that could reshape rate structures.

The impending vote on the bill underscores the ongoing tension between the need for reliable electricity services and the desire to keep utility rates affordable for Californians. The outcome of the vote is likely to have a significant impact on how utility companies operate in the state and how much Californians pay for their electricity.

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Remote Work Energy Costs are rising as home offices and telecommuting boost electricity bills; utilities, broadband usage, and COVID-19-driven stay-at-home policies affect productivity, consumption patterns, and household budgets across the U.K. and Europe.

Key Points

Remote Work Energy Costs are increased household electricity and utility expenses from telecommuting and home office use.

✅ WFH shifts energy load from offices to households.

✅ Higher device, lighting, and heating/cooling usage drives bills.

✅ Broadband access gaps limit remote work equity.

Household electricity bills are set to soar, with rising residential electricity use tied to the millions of people now working at home to avoid catching the coronavirus.

Running laptops and other home appliances will cost consumers an extra 52 million pounds ($60 million) each week in the U.K., according to a study from Uswitch, a website that helps consumers compare the energy prices that utilities charge.

For each home-bound household, the pain to the pocketbook may be about 195 pounds per year extra, even as some utilities pursue pandemic cost-cutting to manage financial pressures.

The rise in price for households comes even as overall demand is falling rapidly in Europe, with wide swaths of the economy shut down to keep workers from gathering in one place, and the U.S. grid overseer issuing warnings about potential pandemic impacts on operations.

People stuck at home will plug in computers, lights and appliances when they’d normally be at the office, increasing their consumption.

With the Canadian government declaring a state of emergency due to the coronavirus, companies are enabling work-from-home structures to keep business running and help employees follow social distancing guidelines, and some utilities have even considered housing critical staff on site to maintain operations. However, working remotely has been on the rise for a while.

“The coronavirus is going to be a tipping point. We plodded along at about 10% growth a year for the last 10 years, but I foresee that this is going to really accelerate the trend,” Kate Lister, president of Global Workplace Analytics.

Gallup’s State of the Workplace 2017 study found that 43% of employees work remotely with some frequency. Research indicates that in a five-day workweek, working remotely for two to three days is the most productive. That gives the employee two to three days of meetings, collaboration and interaction, with the opportunity to just focus on the work for the other half of the week.

Remote work seems like a logical precaution for many companies that employ people in the digital economy, even as some federal agencies sparked debate with an EPA telework policy during the pandemic. However, not all Americans have access to the internet at home, and many work in industries that require in-person work.

According to the Pew Research Center, roughly three-quarters of American adults have broadband internet service at home. However, the study found that racial minorities, older adults, rural residents and people with lower levels of education and income are less likely to have broadband service at home. In addition, 1 in 5 American adults access the internet only through their smartphone and do not have traditional broadband access. 

Full-time employees are four times more likely to have remote work options than part-time employees. A typical remote worker is college-educated, at least 45 years old and earns an annual salary of $58,000 while working for a company with more than 100 employees, according to Global Workplace Analytics, and in Canada there is growing interest in electricity-sector careers among younger workers. 

New York, California and other states have enacted strict policies for people to remain at home during the coronavirus pandemic, which could change the future of work, and Canadian provinces such as Saskatchewan have documented how the crisis has reshaped local economies across sectors.

“I don’t think we’ll go back to the same way we used to operate,” Jennifer Christie, chief HR officer at Twitter, told CNBC. “I really don’t.”

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Ireland Coal-Free Electricity Record: EirGrid reports 25 days without coal on the all-island grid, as wind power, renewables, and natural gas dominated generation, cutting CO2 emissions, with Moneypoint sidelined by market competitiveness.

Key Points

It is a 25-day period when the grid used no coal, relying on gas and renewables to reduce CO2 emissions.

✅ 25 days coal-free between April 11 and May 7

✅ Gas 60%, renewables 30% of generation mix

✅ Eurostat: 6.8% drop in Ireland's CO2 emissions

The island of Ireland has gone a record length of time without using coal-fired electricity generation on its power system, Britain's week-long coal-free run providing a recent comparator, Eirgrid has confirmed.

The all-island grid operated without coal between April 11th and May 7th – a total of 25 days, it confirmed. This is the longest period of time the grid has operated without coal since the all-island electricity market was introduced in 2007, echoing Britain's record coal-free stretch seen recently.

Ireland’s largest generating station, Moneypoint in Co Clare, uses coal, with recent price spikes in Ireland fueling concerns about dispatchable capacity, as do some of the larger generation sites in Northern Ireland.

The analysis coincides with the European statistics agency, Eurostat publishing figures showing annual CO2 emissions in Ireland fell by 6.8 per cent last year; partly due to technical problems at Moneypoint.

Over the 25-day period, gas made up 60 per cent of the fuel mix, while renewable energy, mainly wind, accounted for 30 per cent, echoing UK wind surpassing coal in 2016 across the market. Coal-fired generation was available during this period but was not as competitive as other methods.

EirGrid group chief executive Mark Foley said this was “a really positive development” as coal was the most carbon intense of all electricity sources, with its share hitting record lows in the UK in recent years.

“We are acutely aware of the challenges facing the island in terms of meeting our greenhouse gas emission targets, mindful that low-carbon generation stalled in the UK in 2019, through the deployment of more renewable energy on the grid,” he added.

Last year 33 per cent of the island’s electricity came from renewable energy sources, German renewables surpassing coal and nuclear offering a parallel milestone, a new record. Coal accounted for 9 per cent of electricity generation, down from 12.9 per cent in 2017.

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Summerland Solar+Storage Project brings renewable energy to a municipal utility with photovoltaic panels and battery storage, generating 1,200 megawatts from 3,200 panels on Cartwright Mountain to boost grid resilience and local clean power.

Key Points

A municipal solar PV and battery system enabling Summerland Power to self-generate electricity on Cartwright Mountain.

✅ 3,200 panels, 20-year batteries, 35-year panel lifespan

✅ Estimated $7M cost, $6M in grants, utility reserve funding

✅ Site near grid lines; 2-year timeline with 18-month lead

A proposed solar energy project, to be constructed on municipally-owned property on Cartwright Mountain, will allow Summerland Power to produce some of its own electricity, similar to how Summerside's wind power supplies a large share locally.

On Monday evening, municipal staff described the Solar+Storage project, aligning with insights from renewable power developers that combining resources yields better projects.

The project will include around 3,200 solar panels and storage batteries, giving Summerland Power the ability to generate 1,200 megawatts of electrical power.

This is the amount of energy used by 100 homes over the course of a year.

The solar panels have an estimated life expectancy of 35 years, while the batteries have a life expectancy of 20 years.

“It’s a really big step for a small utility like ours,” said Tami Rothery, sustainability/alternative energy coordinator for Summerland. “We’re looking forward to moving towards a bright, sunny energy future.”

She said the price of solar panels has been dropping, with lower-cost solar contracts reported in Alberta, and the quality and efficiency of the panels has increased in recent years.

The total cost of the project is around $7 million, with $6 million to come from grant funding and the remainder to come from the municipality’s electrical utility reserve fund, while policy changes such as Nova Scotia's solar charge delay illustrate evolving market conditions.

The site, a former public works yard and storage area, was selected from 108 parcels of land considered by the municipality.

She said the site, vacant since the 1970s, is close to main electrical lines and will not be highly visible once the panels are in place, much like unobtrusive rooftop solar arrays in urban settings.

Access to the site is restricted, resulting in natural security to the solar installation.

Jeremy Storvold, general manager of Summerland’s electrical utility, said the site is 2.5 kilometres from the Prairie Valley electrical substation and close to the existing public works yard.

However, some in the audience on Monday questioned the location of the proposed solar installation, suggesting the site would be better suited for affordable housing in the community.

The timeline for the project calls for roughly two years before the work will be completed, since there is an 18-month lead time in order to receive good quality solar panels, reflecting the surge in Alberta's solar growth that is straining supply chains.

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Maritime Electric Hurricane Irma Response details utility crews aiding Turks and Caicos with power restoration, storm recovery, debris removal, and essential services, coordinated with Fortis Inc., despite limited equipment, heat, and over 1,000 downed poles.

Key Points

A utility mission restoring power and essential services in Turks and Caicos after Irma, led by Maritime Electric.

✅ Over 1,000 poles down; crews climbing without bucket trucks

✅ Restoring hospitals, water, and communications first

✅ Fortis Inc. coordination; 2-3 week deployment with follow-on crews

Maritime Electric has sent a crew to help in the clean up and power restoration of Turks and Caicos after the Caribbean island was hit by Hurricane Irma, a storm that also saw FPL's massive response across Florida.

They arrived earlier this week and are working on removing debris and equipment so when supplies arrive, power can be brought back online, and similar mutual aid deployments, including Canadian crews to Florida, have been underway as well.

Fortis Inc., the parent company for Maritime Electric operates a utility in Turks and Caicos.

Kim Griffin, spokesperson for Maritime Electric, said there are over 1000 poles that were brought down by the storm, mirroring Florida restoration timelines reported elsewhere.

"It's really an intense storm recovery," she said. 'Good spirits'

The crew is working with less heavy equipment than they are used to, climbing poles instead of using bucket trucks, in hot and humid weather.

Griffin said their focus is getting essential services restored as quckly as possible, similar to progress in Puerto Rico's restoration efforts following recent hurricanes.

The crew will be there for two or three weeks and Griffin said Maritime Electric may send another group, as seen with Ontario's deployment to Florida, to continue the job.

She said the team has been well received and is in "good spirits."

"The people around them have been very positive that they're there," she said.

"They've said it's just been overwhelming how kind and generous the people have been to them."

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