Time for Green Act in Ontario?

By Toronto Star


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Environmental groups are converged on Queen's Park to encourage the creation of a Green Energy Act for Ontario, essentially legislation that would make energy conservation and renewable power in the province more than a series of uncoordinated, feel-good announcements.

The legislation they propose would be modeled after a similar act in Germany, which by giving priority to renewables such as wind and solar has become a global powerhouse in the sector.

Germany is a country about a third the physical size of Ontario, but it has managed to put more renewable power on its grid than all nuclear, fossil fuel and renewable capacity in Ontario combined. In doing so, it has created employment for 230,000 people and built a thriving industry.

Environmentalist David Suzuki says Premier Dalton McGuinty is a forward-looking leader, but like many politicians he's cautious about introducing major change. The result is that the province, while it has made efforts to improve energy efficiency, encourage conservation and put more renewable power on the grid, is still approaching green-energy development with half measures.

One example is the introduction of new rules last month that will have the effect – intentional or not – of slowing down investment in and development of renewable power projects under Ontario's wildly successful standard-offer program, which pays out a premium to small-scale producers of green energy.

"He's got to take the step off the edge of the cliff and really make the commitment," says Suzuki, adding there's still too much "old Ontario Hydro" mentality calling the shots and putting greater priority on big, expensive mega-projects – such as new nuclear plants.

"This gives the illusion McGuinty is acting strongly, that jobs are being created and all that, but the new millennium is not about mega-projects but about diverse, small-scale projects. And that's much more stable than putting all your eggs into a new Darlington."

Kristopher Stevens, executive director of the Ontario Sustainable Energy Association, says the purpose of a Green Energy Act would be to create a high-level framework that streamlines the development of renewable energy.

Currently, different pieces of legislation cover different aspects of development and several ministries – environment, energy, natural resources, agriculture and public infrastructure renewal, to name a few – each have their hand in the pot. The proposed act would focus development efforts through a single lens to streamline green-energy development.

Stevens, whose group is a lead proponent of the act, says the aim is to have "all the pieces aligned and pulled in the same direction."

If done properly, it would create green-collar jobs, re-energize Ontario's struggling manufacturing sector, empower rural communities and native groups and make the electricity system more diverse and robust.

A big question is whether there is a conflict of vision going on between the premier's office and the Ontario Power Authority.

The Energy Ministry has set targets for renewables and nuclear power to help guide the authority's 20-year power system blueprint for the province.

Environmentalists argue the power authority is treating those targets as a maximum for renewables and a minimum for nuclear, whereas they say the opposite is what the government intended.

There's $60 billion in planned investments on the line over the next 20 years, and Stevens says most of it looks like it will be invested in the system we already have, rather than the vision of what it could be.

Deb Doncaster, who's heading up Ontario's newly created Community Power Fund, says there needs to be a "reclaiming of authority" by the premier so conservation, renewables and other green technologies can form the basis of an industrial strategy for the province.

Energy consultant Marion Fraser, a former senior adviser to the Minister of Energy, says market forces alone won't get us there.

"The electricity system has evolved over 100 years toward large central plants and we need to re-orient the system. Without something like a Green Energy Act to actually provide the legislative framework, it just won't happen."

The timing of the proposed green legislation is prescient, not just because oil is near $130 a barrel or talk of a carbon tax has captured headlines – although this helps. It's also because the much-touted nuclear industry "renaissance" has been sidetracked by escalating costs and construction setbacks. It means the economic argument for choosing nuclear, as outlined in the power authority's 20-year plan, likely underestimates the true cost of building a new plant today.

Suzuki says the Premier, if he's not aware of the risks involved with the province's current plan, should be. At the same time, he says the Ontario government needs to stop thinking that mass deployment of renewables is a losing strategy.

"Anybody who says that it puts you at a disadvantage is totally talking bull****," says Suzuki.

McGuinty must know that if the province doesn't take this plunge, some other neighbouring jurisdiction will, motivated by the desire to eat Ontario's economic lunch.

New York Times columnist Thomas Friedman wrote about how "amazing" it would be if politicians faced our energy problems head on and told the truth.

"Every decade we look back and say: 'If only we had done the right thing then, we would be in a different position today'," he wrote.

Germany did it. Japan did it. The question is whether Ontario's current government has the guts to make a tough call, and act on it with conviction.

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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.

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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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TransAlta Poised to Finalize Alberta Data Centre Agreement in 2025 

TransAlta Alberta Data Centre integrates AI, cloud computing, and renewable energy, tackling electricity demand, grid capacity, decarbonization, and energy storage with clean power, cooling efficiency, and PPA-backed supply for hyperscale workloads.

 

Key Points

TransAlta Alberta Data Centre is a planned AI facility powered mostly by renewables to meet high electricity demand.

✅ Targets partner exclusivity mid-year; ops 18-24 months post-contract.

✅ Supplies ~90% power via TransAlta; balance from market.

✅ Anchors $3.5B clean energy growth and storage in Alberta.

 

TransAlta Corp., one of Alberta’s leading power producers, is moving toward finalizing agreements with partners to establish a data centre in the province, aligned with AI data center grid integration efforts nationally, aiming to have definitive contracts signed before the end of the year.

CEO John Kousinioris stated during an analyst conference that the company seeks to secure exclusivity with key partners by mid-year, with detailed design plans and final agreements expected by late 2025. Once the contracts are signed, the data centre is anticipated to be operational within 18 to 24 months, a horizon mirrored by Medicine Hat AI grid upgrades initiatives that aim to modernize local systems.

Data centres, which are critical for high-tech industries such as artificial intelligence, consume large amounts of electricity to run and cool servers, a trend reflected in U.S. utility power challenges reporting, underscoring the scale of energy demand. In this context, TransAlta plans to supply around 90% of its partner's energy needs for the facility, with the remainder coming from the broader electricity market.

Alberta has identified data centres as a strategic priority, aiming to see $100 billion in AI-related data centre construction over the next five years. However, the rapid growth of this sector presents challenges for the region’s energy infrastructure. Electricity demand from data centres has already outpaced the available capacity in Alberta’s power grid, intensifying discussions about a western Canadian electricity grid to improve regional reliability, potentially impacting the province’s decarbonization goals.

To address these challenges, TransAlta has adopted a renewable energy investment strategy. The company announced a $3.5 billion growth plan focused primarily on clean electricity generation and storage, as British Columbia's clean energy shift advances across the region, through 2028. By then, more than two-thirds of TransAlta’s earnings are expected to come from renewable power generation, supporting progress toward a net-zero electricity grid by 2050 nationally.

The collaboration between TransAlta and data centre developers represents an opportunity to balance growing energy demand with sustainability goals. By integrating renewable energy generation into data centre operations and broader macrogrid investments, Alberta could move toward a cleaner and more resilient energy future.

 

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Germany extends nuclear power amid energy crisis

Germany Nuclear Power Extension keeps Isar 2, Neckarwestheim 2, and Emsland running as Olaf Scholz tackles the energy crisis, soaring gas prices, and EU winter demand, prioritizing grid stability amid the Ukraine war.

 

Key Points

A temporary policy keeping three German reactors online to enhance grid stability and national energy security.

✅ Extends Isar 2, Neckarwestheim 2, and Emsland operations

✅ Addresses EU energy crisis and soaring gas prices

✅ Prioritizes grid stability while coal phase-out advances

 

German Chancellor Olaf Scholz has ordered the country's three remaining nuclear power stations to keep operating until mid-April, signalling a nuclear U-turn as the energy crisis sparked by Russia's invasion of Ukraine hurts the economy.

Originally Germany planned to phase out all three by the end of this year, continuing its nuclear phaseout policy at the time.

Mr Scholz's order overruled the Greens in his coalition, who wanted two plants kept on standby, to be used if needed.

Nuclear power provides 6% of Germany's electricity.

The decision to phase it out was taken by former chancellor Angela Merkel after Japan's Fukushima nuclear disaster in 2011.

But gas prices have soared since Russia's invasion of Ukraine in February, which disrupted Russia's huge oil and gas exports to the EU, though some officials argue that nuclear would do little to solve the gas issue in the short term. In August Russia turned off the gas flowing to Germany via the Nord Stream 1 undersea pipeline.

After relying so heavily on Russian gas Germany is now scrambling to maintain sufficient reserves for the winter. The crisis has also prompted it to restart mothballed coal-fired power stations, with coal generating about a third of its electricity currently, though the plan is to phase out coal in the drive for green energy.

Last year Germany got 55% of its gas from Russia, but in the summer that dropped to 35% and it is declining further.

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Chancellor Scholz's third coalition partner, the liberal Free Democrats (FDP), welcomed his move to keep nuclear power as part of the mix. The three remaining nuclear plants are Isar 2, Neckarwestheim 2 and Emsland, which were ultimately shut down after the extension.

The Social Democrat (SPD) chancellor also called for ministries to present an "ambitious" law to boost energy efficiency and to put into law a phase-out of coal by 2030, aiming for a coal- and nuclear-free economy among major industrial nations.

Last week climate activist Greta Thunberg said it was a "mistake" for Germany to press on with nuclear decommissioning while resorting to coal again, intensifying debate over a nuclear option for climate goals nationwide.

 

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Annual U.S. coal-fired electricity generation will increase for the first time since 2014

U.S. coal-fired generation 2021 rose as higher natural gas prices, stable coal costs, and a recovering power sector shifted the generation mix; capacity factors rebounded despite low coal stocks and ongoing plant retirements.

 

Key Points

Coal output rose 22% on high gas prices and higher capacity factors; a 5% decline is expected in 2022.

✅ Natural gas delivered cost averaged $4.93/MMBtu, more than double 2020

✅ Coal capacity factor rose to ~51% from 40% in 2020

✅ 2022 coal generation forecast to fall about 5%

 

We expect 22% more U.S. coal-fired generation in 2021 than in 2020, according to our latest Short-Term Energy Outlook (STEO). The U.S. electric power sector has been generating more electricity from coal-fired power plants this year as a result of significantly higher natural gas prices and relatively stable coal prices, even as non-fossil sources reached 40% of total generation. This year, 2021, will yield the first year-over-year increase in coal generation in the United States since 2014, highlighted by a January power generation jump earlier in the year.

Coal and natural gas have been the two largest sources of electricity generation in the United States. In many areas of the country, these two fuels compete to supply electricity based on their relative costs and sensitivity to policies and gas prices as well. U.S. natural gas prices have been more volatile than coal prices, so the cost of natural gas often determines the relative share of generation provided by natural gas and coal.

Because natural gas-fired power plants convert fuel to electricity more efficiently than coal-fired plants, record natural gas generation has at times underscored that advantage, and natural gas-fired generation can have an economic advantage even if natural gas prices are slightly higher than coal prices. Between 2015 and 2020, the cost of natural gas delivered to electric generators remained relatively low and stable. This year, however, natural gas prices have been much higher than in recent years. The year-to-date delivered cost of natural gas to U.S. power plants has averaged $4.93 per million British thermal units (Btu), more than double last year’s price.

The overall decline in electricity demand in 2020 and record-low natural gas prices led coal plants to significantly reduce the percentage of time that they generated power. In 2020, the utilization rate (known as the capacity factor) of U.S. coal-fired generators averaged 40%. Before 2010, coal capacity factors routinely averaged 70% or more. This year’s higher natural gas prices have increased the average coal capacity factor to about 51%, which is almost the 2018 average, a year when wind and solar reached 10% nationally.

Although rising natural gas prices have resulted in more U.S. coal-fired generation than last year, this increase in coal generation will most likely not continue as solar and wind expand in the generation mix. The electric power sector has retired about 30% of its generating capacity at coal plants since 2010, and no new coal-fired capacity has come online in the United States since 2013. In addition, coal stocks at U.S. power plants are relatively low, and production at operating coal mines has not been increasing as rapidly as the recent increase in coal demand. For 2022, we forecast that U.S. coal-fired generation will decline about 5% in response to continuing retirements of generating capacity at coal power plants and slightly lower natural gas prices.

 

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NRC Makes Available Turkey Point Renewal Application

Turkey Point Subsequent License Renewal seeks NRC approval for FP&L to extend Units 3 and 4, three-loop pressurized water reactors near Homestead, Miami; public review, docketing, and an Atomic Safety and Licensing Board hearing.

 

Key Points

The NRC is reviewing FP&L's request to extend Turkey Point Units 3 and 4 operating licenses by 20 years.

✅ NRC will docket if application is complete

✅ Public review and opportunity for adjudicatory hearing

✅ Units commissioned in 1972 and 1973, near Miami

 

The U.S. Nuclear Regulatory Commission said Thursday that it had made available the first-ever "subsequent license renewal application," amid milestones at nuclear power projects worldwide, which came from Florida Power and Light and applies to the company's Turkey Point Nuclear Generating Station's Units 3 and 4.

The Nuclear Regulatory Commission recently made available for public review the first-ever subsequent license renewal application, which Florida Power & Light Company submitted on Jan. 1.

In the application, FP&L requests an additional 20 years for the operating licenses of Turkey Point Nuclear Generating Units 3 and 4, three-loop, pressurized water reactors located in Homestead, Florida, where the Florida PSC recently approved a municipal solid waste energy purchase, approximately 40 miles south of Miami.

The NRC approved the initial license renewal in June 2002, as new reactors at Georgia's Vogtle plant continue to take shape nationwide. Unit 3 is currently licensed to operate through July 19, 2032. Unit 4 is licensed to operate through April 10, 2033.

#google#

NRC staff is currently reviewing the application, while a new U.S. reactor has recently started up, underscoring broader industry momentum. If the staff determines the application is complete, they will docket it and publish a notice of opportunity to request an adjudicatory hearing before the NRC’s Atomic Safety and Licensing Board.

The first-ever subsequent license renewal application, submitted by Florida Power & Light Company asks for an additional 20 years for the already-renewed operating licenses of Turkey Point, even as India moves to revive its nuclear program internationally, which are currently set to expire in July of 2032 and April of 2033. The two thee-loop, pressurized water reactors, located about 40 miles south of Miami, were commissioned in July 1972 and April 1973.

If the application is determined to be complete, the staff will docket it and publish a notice of opportunity to request an adjudicatory hearing before the NRC’s Atomic Safety and Licensing Board, the agency said.

The application is available for public review on the NRC website. Copies of the application will be available at the Homestead Branch Library in Homestead, the Naraja Branch Library in Homestead and the South Dade Regional Library in Miami.

 

 

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Ontario Sets Electricity Rates at Off-Peak Price until February 7

Ontario Off-Peak Electricity Rate offers 8.2 cents per kWh for 24 hours, supporting Time-of-Use and Tiered Regulated Price Plan customers, including residential, small business, and farms, under Ontario Energy Board guidelines during temporary relief.

 

Key Points

A temporary 8.2 cents per kWh all-day price for RPP customers, covering TOU and Tiered users across Ontario.

✅ Applies 24 hours daily at 8.2 cents per kWh for 21 days

✅ Covers residential, small business, and farm RPP customers

✅ Valid for TOU and Tiered plans set by the Ontario Energy Board

 

 The Ontario government has announced electricity relief with electricity prices set at the off-peak price of 8.2 cents per kilowatt-hour, 24 hours per day for 21 days starting January 18, 2022, until the end of day February 7, 2022, for all Regulated Price Plan customers. The off-peak rate will apply automatically to residential, small businesses and farms who pay Time-of-Use or Tiered prices set by the Ontario Energy Board.

This rate relief includes extended off-peak rates to support small businesses, as well as workers and families spending more time at home while the province is in Modified Step Two of the Roadmap to Reopen.

As part of our mandate, we set the rates that your utility charges for the electricity you use in your home or small business. These rates appear on the Electricity line of your bill, and we administer protections such as disconnection moratoriums for residential customers. We also set the Delivery rates that cover the cost to deliver electricity to most residential and small business customers.

 

Types of electricity rates

For residential and small business customers that buy electricity from their utility, there are two different types of rates (also called prices here), and Ontario also provides stable electricity pricing for larger users. The Ontario Energy Board sets both once a year on November 1:

Time-of-Use (TOU)

With TOU prices, the price depends on when you use electricity, including options like ultra-low overnight pricing that encourage off-peak use.

There are three TOU price periods:

  • Off-peak, when demand for electricity is lowest and new offerings like the Ultra-Low Overnight plan can encourage shifting usage. Ontario households use most of their electricity – nearly two thirds of it – during off-peak hours.
  • Mid-peak, when demand for electricity is moderate. These periods are during the daytime, but not the busiest times of day, and utilities like BC Hydro are exploring similar TOU structures as well.
  • On-peak, when demand for electricity is generally higher. These are the busier times of day – generally when people are cooking, starting up their computers and running heaters or air conditioners.

 

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