McCain plugs into electric cars

By The Guardian


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Republican presidential nominee John McCain is making a new play for environmentally conscious voters, proposing large government incentives to develop and promote electric automobiles.

At a speech in Fresno, California, McCain said that a tax break to buyers of clean automobiles and a prize to developers of the first battery pack that can power a car will wean the U.S. off its dependence on foreign oil.

The proposal comes as average gasoline prices in the U.S. have topped $4 per gallon, and energy policy has become one of the foremost issues in the presidential campaign.

"Whether it takes a meeting with automakers during my first month in office, or my signature on an act of Congress, we will meet the goal of a swift conversion of American vehicles away from oil," McCain said in prepared remarks.

McCain said that the federal government should play a role in advancing practical scientific research.

"Think of all the highest scientific endeavours of our age - the invention of the silicon chip, the creation of the Internet, the mapping of the human genome," he said. "In so many cases, you can draw a straight line back to American inventors, and often to the foresighted aid of the United States government."

McCain offered a $5,000 tax credit to consumers who purchase "a zero-emissions car," and smaller tax credits for low-emissions vehicles. The credit is intended to encourage automakers to develop new energy-efficient cars and "broaden the market".

He also proposed a $300m prize "for the development of a battery package that has the size, capacity, cost and power to leapfrog the commercially available plug-in hybrids or electric cars".

The speech is an attempt to court green-minded voters who typically lean Democratic. It is also a further break on energy and environmental policy from the Bush administration, which is closely tied to the oil industry.

Environmental groups were sceptical of McCain's commitment to clean energy. McCain called for US coastal waters to be opened to oil drilling and called for construction of 45 new nuclear power plants by 2030. He was the only senator not present for a December vote that would have repealed tax breaks for oil companies.

"Here he's proposing a prizes for this development, but meanwhile he refuses to support measures that are on the table right now in the Congress," said Josh Horner, spokesman for the Sierra Club, which endorsed presumptive Democratic nominee Barack Obama. "It's a little disingenuous for him to be talking about where we need to go, and not doing anything to get us there."

Obama has promised $150 billion in investment in clean-energy research, including development of biofuels, hybrid vehicles and other programmes.

"In 26 years in Congress, McCain had chance to make a difference for energy security and America's families, and he consistently not only didn't make a difference but has stood in the way of people like Senator Obama who have been trying to improve our energy security," said Jason Furman, an adviser to Obama.

McCain has been sceptical of biofuels like ethanol, made from corn, and criticized government subsidies for ethanol production, especially during a time of escalating food prices.

"Corn-based ethanol, thanks to the money and influence of lobbyists, has been a case study in the law of unintended consequences," McCain said. He also criticised U.S. tariffs on sugar-cane based ethanol from Brazil.

"The result is that Americans take the financial hit coming and going," he said. "As taxpayers, we foot the bill for the enormous subsides paid to corn producers. And as consumers, we pay extra at the pump because of government barriers to cheaper products from abroad."

McCain's coolness to ethanol puts him at odds with Obama, many of whose close advisers and supporters are tied to the ethanol industry, the New York Times reported.

"Senator Obama has been a consistent advocate of fracturing the monopoly that the oil companies have on our nation's transportation system," Jason Grumet, an Obama adviser, said.

McCain indicated he would raise the penalty levied against automakers that violate fuel efficiency standards.

The standards "standards should serve large national goals in energy independence, not the purpose of small-time revenue collection," he said.

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London Underground Power Outage Disrupts Rush Hour

London Underground Power Outage 2025 disrupted Tube lines citywide, with a National Grid voltage dip causing service suspensions, delays, and station closures; TfL recovery efforts spotlight infrastructure resilience, contingency planning, and commuter safety communications.

 

Key Points

A citywide Tube disruption on May 12, 2025, triggered by a National Grid voltage dip, exposing resilience gaps.

✅ Bakerloo, Waterloo & City, Northern suspended; Jubilee disrupted.

✅ Cause: brief National Grid fault leading to a voltage dip.

✅ TfL focuses on recovery, communication, and resilience upgrades.

 

On May 12, 2025, a significant power outage disrupted the London Underground during the afternoon rush hour, affecting thousands of commuters across the city. The incident highlighted vulnerabilities in the city's transport infrastructure, echoing a morning outage in London reported earlier, and raised concerns about the resilience of urban utilities.

The Outage and Its Immediate Impact

The power failure occurred around 2:30 PM, leading to widespread service suspensions and delays on several key Tube lines. The Bakerloo and Waterloo & City lines were completely halted, while the Jubilee line experienced disruptions between London Bridge and Finchley Road. The Northern line was also suspended between Euston and Kennington, as well as south of Stockwell. Additionally, Elizabeth Line services between Abbey Wood and Paddington were suspended. Some stations were closed for safety reasons due to the lack of power.

Commuters faced severe delays, with many stranded in tunnels or on platforms. The lack of information and communication added to the confusion, as passengers were left uncertain about the cause and duration of the disruptions.

Cause of the Power Failure

Transport for London (TfL) attributed the outage to a brief fault in the National Grid's transmission network. Although the fault was resolved within seconds, it caused a voltage dip that affected local distribution networks, leading to the power loss in the Underground system.

The incident underscored the fragility of the city's transport infrastructure, particularly the aging electrical and signaling systems that are vulnerable to such faults, as well as weather-driven events like a major windstorm outage that can trigger cascading failures. While backup systems exist, their capacity to handle sudden disruptions remains a concern.

Broader Implications for Urban Infrastructure

This power outage is part of a broader pattern of infrastructure challenges facing London. In March 2025, a fire at an electrical substation in Hayes led to the closure of Heathrow Airport, affecting over 200,000 passengers, while similar disruptions at BWI Airport have underscored aviation vulnerabilities. These incidents have prompted discussions about the resilience of the UK's energy and transport networks.

Experts argue that aging infrastructure, coupled with increasing demand and climate-related stresses, poses significant risks to urban operations, as seen in a North Seattle outage and in Toronto storm-related outages that tested local grids. There is a growing call for investment in modernization and diversification of energy sources to ensure reliability and sustainability.

TfL's Response and Recovery Efforts

Following the outage, TfL worked swiftly to restore services. By 11 PM, all but one line had resumed operations, with only the Elizabeth Line continuing to experience severe delays. TfL officials acknowledged the inconvenience caused to passengers and pledged to investigate the incident thoroughly, similar to the Atlanta airport blackout inquiry conducted after a major outage, to prevent future occurrences.

In the aftermath, TfL emphasized the importance of clear communication with passengers during disruptions and committed to enhancing its contingency planning and infrastructure resilience.

Public Reaction and Ongoing Concerns

The power outage sparked frustration among commuters, many of whom took to social media to express their dissatisfaction, echoing sentiments during Houston's extended outage about communication gaps and delays. Some passengers reported being trapped in tunnels for extended periods without clear guidance from staff.

The incident has reignited debates about the adequacy of London's transport infrastructure and the need for comprehensive upgrades. While TfL has initiated reviews and improvement plans, the public remains concerned about the potential for future disruptions and the city's preparedness to handle them.

The May 12 power outage serves as a stark reminder of the vulnerabilities inherent in urban infrastructure. As London continues to grow and modernize, ensuring the resilience of its transport and energy networks will be crucial. This includes investing in modern technologies, enhancing communication systems, and developing robust contingency plans to mitigate the impact of future disruptions. For now, Londoners are left reflecting on the lessons learned from this incident and hoping for a more reliable and resilient transport system in the future.

 

 

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Ameren, Safe Electricity urge safety near downed lines

Downed Power Line Vehicle Safety: Follow stay-in-the-car protocol, call 911, avoid live wires and utility poles, and use the bunny hop to escape only for fire. Electrical hazards demand emergency response caution.

 

Key Points

Stay in the car, call 911, and use a bunny hop escape only if fire threatens during downed power line incidents.

✅ Stay in vehicle; tell bystanders to keep back and call 911.

✅ Exit only for fire; jump clear and bunny hop away.

✅ Treat all downed lines as live; avoid paths to ground.

 

Ameren Illinois and Safe Electricity are urging the public to stay in their cars and call 911 in the event of an accident involving a power pole that brings down power lines on or around the car.

In a media simulation Tuesday at the Ameren facility on West Lafayette Avenue, Ameren Illinois employees demonstrated the proper way to react if a power line has fallen on or around a vehicle, as some utilities consider on-site staffing measures during outbreaks. Although the situation might seem rare, Illinois motorists alone hit 3,000 power poles each year, said Krista Lisser, communications director for Safe Energy.

“We want to get the word out that, if you hit a utility pole and a live wire falls on your vehicle, stay in your car,” Lisser said. “Our first reaction is we panic and think we need to get out, a sign of the electrical knowledge gap many people have. That’s not the case, you need to stay in because, when that live wire comes down, electricity is all around you. You may not see it, it may not arc, it may not flash, you may not know if there’s electricity there.”

Should someoneinvolved in such an accident see a good Samaritan attempting to help, he should try to tell the would-be rescuer to stay back to prevent injury to the Samaritan, Ameren Illinois Communications Executive Brian Bretsch said.

“We have seen instances where someone comes up and wants to help you,” Bretsch said. “You want to yell, ‘Please stay away from the vehicle. Everyone is OK. Please stay away.’ You’ll see … instances every now and then where the Samaritan will come up, create that path to ground and get injured, and there are also climbers seeking social media glory who put themselves at risk.”

The only instance in which one should exit a car in the vicinity of a downed wire is if the vehicle is on fire and there is no choice but to exit. In that situation, those in the car should “bunny hop” out of the car by jumping from the car without touching the car and the ground at the same time, Bretsch and Lisser said.

After the initial jump, those escaping the vehicle should continue jumping with both feet together and hands tucked in and away from danger until they are safely clear of the downed wire.

It’s important for everyone to be informed, because an encounter with a live wire could easily result in serious injury, as in the Hydro One worker injury case, or death, Lisser said.

“They’re so close to our roads, especially in our rural communities, that it’s quite a common occurrence,” Lisser said. “Just stay away from (downed lines), especially after storms and amid grid oversight warnings that highlight reliability risks … Always treat a downed line as a live wire. Never assume the line is dead.”

 

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British carbon tax leads to 93% drop in coal-fired electricity

Carbon Price Support, the UK carbon tax on power, slashed coal generation, cut CO2 emissions, boosted gas and imports via interconnectors, and signaled effective electricity market decarbonization across Great Britain and the EU.

 

Key Points

A UK power-sector carbon tax that drove coal off the grid, cut emissions, and shifted generation toward gas and imports.

✅ Coal generation fell from 40% to 3% in six years

✅ Rate rose to £18/tCO2 in 2015, boosting the coal-to-gas switch

✅ Added ~£39 to 2018 bills; imports via interconnectors eased prices

 

A tax on carbon dioxide emissions in Great Britain, introduced in 2013, has led to the proportion of electricity generated from coal falling from 40% to 3% over six years, a trend mirrored by global coal decline in power generation, according to research led by UCL.

British electricity generated from coal fell from 13.1 TWh (terawatt hours) in 2013 to 0.97 TWh in September 2019, and was replaced by other less emission-heavy forms of generation such as gas, as producers move away from coal in many markets. The decline in coal generation accelerated substantially after the tax was increased in 2015.

In the report, 'The Value of International Electricity Trading', researchers from UCL and the University of Cambridge also showed that the tax—called Carbon Price Support—added on average £39 to British household electricity bills, within the broader context of UK net zero policies shaping the energy transition, collecting around £740m for the Treasury, in 2018.

Academics researched how the tax affected electricity flows to connected countries and interconnector (the large cables connecting the countries) revenue between 2015—when the tax was increased to £18 per tonne of carbon dioxide—and 2018. Following this increase, the share of coal-fired electricity generation fell from 28% in 2015 to 5% in 2018, reaching 3% by September 2019. Increased electricity imports from the continent, alongside the EU electricity demand outlook across member states, reduced the price impact in the UK, and meant that some of the cost was paid through a slight increase in continental electricity prices (mainly in France and the Netherlands).

Project lead Dr. Giorgio Castagneto Gissey (Bartlett Institute for Sustainable Resources, UCL) said: "Should EU countries also adopt a high carbon tax we would likely see huge carbon emission reductions throughout the Continent, as we've seen in Great Britain over the last few years."

Lead author, Professor David Newbery (University of Cambridge), said: "The Carbon Price Support provides a clear signal to our neighbours of its efficacy at reducing CO2 emissions."

The Carbon Price Support was introduced in England, Scotland and Wales at a rate of £4.94 per tonne of carbon dioxide-equivalent and is now capped at £18 until 2021.The tax is one part of the Total Carbon Price, which also includes the price of EU Emissions Trading System permits and reflects global CO2 emissions trends shaping policy design.

Report co-author Bowei Guo (University of Cambridge) said: "The Carbon Price Support has been instrumental in driving coal off the grid, but we show how it also creates distortions to cross-border trade, making a case for EU-wide adoption."

Professor Michael Grubb (Bartlett Institute for Sustainable Resources, UCL) said: "Great Britain's electricity transition is a monumental achievement of global interest, and has also demonstrated the power of an effective carbon price in lowering dependence on electricity generated from coal."

The overall report on electricity trading also covers the value of EU interconnectors to Great Britain, measures the efficiency of cross-border electricity trading and considers the value of post-Brexit decoupling from EU electricity markets, setting these findings against the global energy transition underway.

Published today, the report annex focusing on the Carbon Price Support was produced by UCL to focus on the impact of the tax on British energy bills, with comparisons to Canadian climate policy debates informing grid impacts.

 

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Climate change: Greenhouse gas concentrations again break records

Rising Greenhouse Gas Concentrations drive climate change, with CO2, methane, and nitrous oxide surging; WMO data show higher radiative forcing, elevated pre-industrial baselines, and persistent atmospheric concentrations despite Paris Agreement emissions pledges.

 

Key Points

Increasing atmospheric CO2, methane, and nitrous oxide levels that raise radiative forcing and drive warming.

✅ WMO data show CO2 at 407.8 ppm in 2018, above decade average

✅ Methane and nitrous oxide surged, elevating total radiative forcing

✅ Concentrations differ from emissions; sinks absorb about half

 

The World Meteorological Organization (WMO) says the increase in CO2 was just above the average rise recorded over the last decade.

Levels of other warming gases, such as methane and nitrous oxide, have also surged by above average amounts.

Since 1990 there's been an increase of 43% in the warming effect on the climate of long lived greenhouse gases.

The WMO report looks at concentrations of warming gases in the atmosphere rather than just emissions.

The difference between the two is that emissions refer to the amount of gases that go up into the atmosphere from the use of fossil fuels, such as burning coal for coal-fired electricity generation and from deforestation.

Concentrations are what's left in the air after a complex series of interactions between the atmosphere, the oceans, the forests and the land. About a quarter of all carbon emissions are absorbed by the seas, and a similar amount by land and trees, while technologies like carbon capture are being explored to remove CO2.

Using data from monitoring stations in the Arctic and all over the world, researchers say that in 2018 concentrations of CO2 reached 407.8 parts per million (ppm), up from 405.5ppm a year previously.

This increase was above the average for the last 10 years and is 147% of the "pre-industrial" level in 1750.

The WMO also records concentrations of other warming gases, including methane and nitrous oxide, and some countries have reported declines in certain potent gases, as noted in US greenhouse gas controls reports, though global levels remain elevated. About 40% of the methane emitted into the air comes from natural sources, such as wetlands, with 60% from human activities, including cattle farming, rice cultivation and landfill dumps.

Methane is now at 259% of the pre-industrial level and the increase seen over the past year was higher than both the previous annual rate and the average over the past 10 years.

Nitrous oxide is emitted from natural and human sources, including from the oceans and from fertiliser-use in farming. According to the WMO, it is now at 123% of the levels that existed in 1750.

Last year's increase in concentrations of the gas, which can also harm the ozone layer, was bigger than the previous 12 months and higher than the average of the past decade.

What concerns scientists is the overall warming impact of all these increasing concentrations. Known as total radiative forcing, this effect has increased by 43% since 1990, and is not showing any indication of stopping.

There is no sign of a slowdown, let alone a decline, in greenhouse gases concentration in the atmosphere despite all the commitments under the Paris agreement on climate change and the ongoing global energy transition efforts," said WMO Secretary-General Petteri Taalas.

"We need to translate the commitments into action and increase the level of ambition for the sake of the future welfare of mankind," he added.

"It is worth recalling that the last time the Earth experienced a comparable concentration of CO2 was three to five million years ago. Back then, the temperature was 2-3C warmer, sea level was 10-20m higher than now," said Mr Taalas.

The UN Environment Programme will report shortly on the gap between what actions countries are taking to cut carbon, for example where Australia's emissions rose 2% recently, and what needs to be done to keep under the temperature targets agreed in the Paris climate pact.

Preliminary findings from this study, published during the UN Secretary General's special climate summit last September, indicated that emissions continued to rise during 2018, although global emissions flatlined in 2019 according to the IEA.

Both reports will help inform delegates from almost 200 countries who will meet in Madrid next week for COP25, following COP24 in Katowice the previous year, the annual round of international climate talks.

 

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Current Model For Storing Nuclear Waste Is Incomplete

Nuclear Waste Corrosion accelerates as stainless steel, glass, and ceramics interact in aqueous conditions, driving localized corrosion in repositories like Yucca Mountain, according to Nature Materials research on high-level radioactive waste storage.

 

Key Points

Degradation of waste forms and canisters from water-driven chemistry, causing accelerated, localized corrosion in storage.

✅ Stainless steel-glass contact triggers severe localized attack

✅ Ceramics and steel co-corrosion observed under aqueous conditions

✅ Yucca Mountain-like chemistry accelerates waste form degradation

 

The materials the United States and other countries plan to use to store high-level nuclear waste, even as utilities expand carbon-free electricity portfolios, will likely degrade faster than anyone previously knew because of the way those materials interact, new research shows.

The findings, published today in the journal Nature Materials (https://www.nature.com/articles/s41563-019-0579-x), show that corrosion of nuclear waste storage materials accelerates because of changes in the chemistry of the nuclear waste solution, and because of the way the materials interact with one another.

"This indicates that the current models may not be sufficient to keep this waste safely stored," said Xiaolei Guo, lead author of the study and deputy director of Ohio State's Center for Performance and Design of Nuclear Waste Forms and Containers, part of the university's College of Engineering. "And it shows that we need to develop a new model for storing nuclear waste."

Beyond waste storage, options like carbon capture technologies are being explored to reduce atmospheric CO2 alongside nuclear energy.

The team's research focused on storage materials for high-level nuclear waste -- primarily defense waste, the legacy of past nuclear arms production. The waste is highly radioactive. While some types of the waste have half-lives of about 30 years, others -- for example, plutonium -- have a half-life that can be tens of thousands of years. The half-life of a radioactive element is the time needed for half of the material to decay.

The United States currently has no disposal site for that waste; according to the U.S. General Accountability Office, it is typically stored near the nuclear power plants where it is produced. A permanent site has been proposed for Yucca Mountain in Nevada, though plans have stalled. Countries around the world have debated the best way to deal with nuclear waste; only one, Finland, has started construction on a long-term repository for high-level nuclear waste.

But the long-term plan for high-level defense waste disposal and storage around the globe is largely the same, even as the U.S. works to sustain nuclear power for decarbonization efforts. It involves mixing the nuclear waste with other materials to form glass or ceramics, and then encasing those pieces of glass or ceramics -- now radioactive -- inside metallic canisters. The canisters then would be buried deep underground in a repository to isolate it.

At the generation level, regulators are advancing EPA power plant rules on carbon capture to curb emissions while nuclear waste strategies evolve.

In this study, the researchers found that when exposed to an aqueous environment, glass and ceramics interact with stainless steel to accelerate corrosion, especially of the glass and ceramic materials holding nuclear waste.

In parallel, the electrical grid's reliance on SF6 insulating gas has raised warming concerns across Europe.

The study qualitatively measured the difference between accelerated corrosion and natural corrosion of the storage materials. Guo called it "severe."

"In the real-life scenario, the glass or ceramic waste forms would be in close contact with stainless steel canisters. Under specific conditions, the corrosion of stainless steel will go crazy," he said. "It creates a super-aggressive environment that can corrode surrounding materials."

To analyze corrosion, the research team pressed glass or ceramic "waste forms" -- the shapes into which nuclear waste is encapsulated -- against stainless steel and immersed them in solutions for up to 30 days, under conditions that simulate those under Yucca Mountain, the proposed nuclear waste repository.

Those experiments showed that when glass and stainless steel were pressed against one another, stainless steel corrosion was "severe" and "localized," according to the study. The researchers also noted cracks and enhanced corrosion on the parts of the glass that had been in contact with stainless steel.

Part of the problem lies in the Periodic Table. Stainless steel is made primarily of iron mixed with other elements, including nickel and chromium. Iron has a chemical affinity for silicon, which is a key element of glass.

The experiments also showed that when ceramics -- another potential holder for nuclear waste -- were pressed against stainless steel under conditions that mimicked those beneath Yucca Mountain, both the ceramics and stainless steel corroded in a "severe localized" way.

Other Ohio State researchers involved in this study include Gopal Viswanathan, Tianshu Li and Gerald Frankel.

This work was funded in part by the U.S. Department of Energy Office of Science.

Meanwhile, U.S. monitoring shows potent greenhouse gas declines confirming the impact of control efforts across the energy sector.

 

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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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