WPL to reduce carbon footprint

BC Hydro Asset Management Audit confirms disciplined oversight of dams, generators, power lines, substations, and transformers, with robust lifecycle planning, reliability metrics, and capital investment sustaining aging infrastructure and near full-capacity performance.

Key Points

Audit confirming BC Hydro's asset governance and lifecycle planning, ensuring safe, reliable grid infrastructure.

✅ $25B in assets; many facilities operating near full capacity.

✅ 80% of assets are dams, generators, lines, poles, substations, transformers.

✅ $2.5B invested in renewal, repair, and replacement in fiscal 2018.

A report by B.C.’s auditor-general says B.C. Hydro is doing a good job managing the province’s dams, generating stations and power lines, including storm response during severe weather events.

Carol Bellringer says in the audit that B.C. Hydro’s assets are valued at more than $25 billion and even though some generating facilities are more than 85 years old they continue to operate near full-capacity and can accommodate holiday demand peaks when needed.

The report says about 80 per cent of Hydro’s assets are dams, generators, power lines, poles, substations and transformers that are used to provide electrical service to B.C., where residential electricity use shifted during the pandemic.

The audit says Hydro invested almost $2.5 billion to renew, repair or replace the assets it manages during the last fiscal year, ending March 31, 2018, and, in a broader context, bill relief has been offered to only part of the province.

Bellringer’s audit doesn’t examine the $10.7 billion Site C dam project, which is currently under construction in northeast B.C. and not slated for completion until 2024.

She says the audit examined whether B.C. Hydro has the information, practices, processes and systems needed to support good asset management, at a time when other utilities are dealing with pandemic impacts on operations.

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Tesla Solar and Powerwall Discount offers a ~10% installation price cut amid PG&E blackouts, helping California homeowners with solar panels, battery storage, and backup power, while supporting renewable energy and resilient Supercharger infrastructure.

Key Points

A ~10% installation discount on Tesla solar panels and Powerwall batteries to boost backup power during PG&E blackouts.

✅ ~10% off installation for solar plus Powerwall

✅ Helps during PG&E shutoffs and wildfire mitigation

✅ Supports resilience, backup power, and EV charging

Pacific Gas & Electric’s (PG&E) shutoff of electric supply to residents in California’s Bay Area has caught the attention of Tesla and SpaceX CEO Elon Musk, who, while highlighting a huge future for Tesla Energy in coming years, has announced that he would be offering a price reduction of approximately 10% for a solar panel and Tesla Powerwall battery installation. The discount will be available to anyone interested in powering their homes with solar energy, not just the 800,000 affected homes in the Bay Area.

After initially tweeting a link to Tesla’s Solar page on Tesla.com, Musk added that he would be offering a “~10% price reduction” in installation price for solar panels and Powerwall batteries for anyone, as California explores EVs for grid stability during emergencies, including those who have lost power in response to PG&E’s power shutoff. The blackout induced by the California-based power company is a part of an effort to reduce the possibility of wildfires. PG&E lines were the cause of multiple fires in the past, so the company is taking every necessary precaution to reduce the probability of its lines causing another fire in the future.

Tesla Solar recently offered a subscription program that would allow homeowners to lease panels for a fraction of the cost. The service is available to both residential and commercial customers, and costs as little as $45 a month in some states, particularly appealing in California where EV sales top 20% recently. The option to lease solar panels carries no long-term contracts that would tie down customers to a lengthy commitment.

Wildfires have always been an issue in California. Currently, fires are ripping through Los Angeles county, presumably caused by the winds of the Autumn season. The effort to reduce the environmental impact of forest fires in the state has been increasingly more prevalent over the years. But 2019 is a different story, underscoring that California may need a much bigger grid to support electrification, considering the previous year was noted as the deadliest wildfire season in California’s history. Over 8,500 fires destroyed over 1.89 million acres of land burned due to fires, causing the California Department of Forestry and Fire Protection to spend $432 million through the end of August 2018, according to the Associated Press.

In reaction to the news of the power shutoffs, Tesla added words of advice to vehicle affected owners on its app. The company posted a message encouraging drivers to keep their vehicles charged to 100% and highlighted that EVs can power homes for up to three days during outages, in order to prevent interruptions in driving. Those who are driving ICE vehicles are feeling the effects of the blackout too, as gas stations in California’s affected region have begun to shut down. Musk also tweeted that he would be installing Tesla Powerpacks at all Supercharger stations in the affected region, a move that can help ease strain on state power grids during outages, in order to allow owners to charge their vehicles.

In addition to the efforts that Tesla has already put into place, Musk plans to transition all Supercharger stations to solar power as soon as possible. But the sunny climate of California offers residents a great opportunity to move from gas and electric, even as some warn of a looming green car wreck in the state, to a more eco-friendly, sun-powered option. Tesla solar will completely eliminate power blackouts that are used to control wildfires in California.

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UK low-carbon electricity 2019 saw stalled growth as renewables rose slightly, wind expanded, nuclear output fell, coal hit record lows, and net-zero targets demand faster deployment to cut CO2 intensity below 100gCO2/kWh.

Key Points

Low-carbon sources supplied 54% of UK power in 2019, up just 1TWh; wind grew, nuclear fell, and coal dropped to 2%.

✅ Wind up 8TWh; nuclear down 9TWh amid outages

✅ Fossil fuels 43% of generation; coal at 2%

✅ Net-zero needs 15TWh per year added to 2030

The amount of electricity generated by low-carbon sources in the UK stalled in 2019, Carbon Brief analysis shows.

Low-carbon electricity output from wind, solar, nuclear, hydro and biomass rose by just 1 terawatt hour (TWh, less than 1%) in 2019. It represents the smallest annual increase in a decade, where annual growth averaged 9TWh. This growth will need to double in the 2020s to meet UK climate targets while replacing old nuclear plants as they retire.

Some 54% of UK electricity generation in 2019 came from low-carbon sources, including 37% from renewables and 20% from wind alone, underscoring wind's leading role in the power mix during key periods. A record-low 43% was from fossil fuels, with 41% from gas and just 2% from coal, also a record low. In 2010, fossil fuels generated 75% of the total.

Carbon Brief’s analysis of UK electricity generation in 2019 is based on figures from BM Reports and the Department for Business, Energy and Industrial Strategy (BEIS). See the methodology at the end for more on how the analysis was conducted.

The numbers differ from those published earlier in January by National Grid, which were for electricity supplied in Great Britain only (England, Wales and Scotland, but excluding Northern Ireland), including via imports from other countries.

Low-carbon low
In 2019, the UK became the first major economy to target net-zero greenhouse gas emissions by 2050, increasing the ambition of its legally binding Climate Change Act.

To date, the country has cut its emissions by around two-fifths since 1990, with almost all of its recent progress coming from the electricity sector.

Emissions from electricity generation have fallen rapidly in the decade since 2010 as coal power has been almost phased out and even gas output has declined. Fossil fuels have been displaced by falling demand and by renewables, such as wind, solar and biomass.

But Carbon Brief’s annual analysis of UK electricity generation shows progress stalled in 2019, with the output from low-carbon sources barely increasing compared to a year earlier.

The chart below shows low-carbon generation in each year since 2010 (grey bars) and the estimated level in 2019 (red). The pale grey bars show the estimated future output of existing low-carbon sources after old nuclear plants retire and the pale red bars show the amount of new generation needed to keep electricity sector emissions to less than 100 grammes of CO2 per kilowatt hour (gCO2/kWh), the UK’s nominal target for the sector.

 Annual electricity generation in the UK by fuel, terawatt hours, 2010-2019. Top panel: fuel by fuel. Bottom panel: cumulative total generation from all sources. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
As the chart shows, the UK will require significantly more low-carbon electricity over the next decade as part of meeting its legally binding climate goals.

The nominal 100gCO2/kWh target for 2030 was set in the context of the UK’s less ambitious goal of cutting emissions to 80% below 1990 levels by 2050. Now that the country is aiming to cut emissions to net-zero by 2050, that 100gCO2/kWh indicator is likely to be the bare minimum.

Even so, it would require a rapid step up in the pace of low-carbon expansion, compared to the increases seen over the past decade. On average, low-carbon generation has risen by 9TWh each year in the decade since 2010 – including a rise of just 1TWh in 2019.

Given scheduled nuclear retirements and rising demand expected by the Committee on Climate Change (CCC) – with some electrification of transport and heating – low-carbon generation would need to increase by 15TWh each year until 2030, just to meet the benchmark of 100gCO2/kWh.

For context, the 3.2 gigawatt (GW) Hinkley C new nuclear plant being built in Somerset will generate around 25TWh once completed around 2026. The world’s largest offshore windfarm, the 1.2GW Hornsea One scheme off the Yorkshire coast, will generate around 5TWh each year.

The new Conservative government is targeting 40GW of offshore wind by 2030, up from today’s figure of around 8GW. If policies are put in place to meet this goal, then it could keep power sector emissions below 100gCO2/kWh, depending on the actual performance of the windfarms built.

However, new onshore wind and solar, further new nuclear or other low-carbon generation, such as gas with carbon capture and storage (CCS), is likely to be needed if demand is higher than expected, or if the 100gCO2/kWh benchmark is too weak in the context of net-zero by 2050.

The CCC says it is “likely” to “reflect the need for more rapid deployment” of low-carbon towards net-zero emissions in its advice on the sixth UK carbon budget for 2033-2037, due in September.

Trading places
Looking more closely at UK electricity generation in 2019, Carbon Brief’s analysis shows why there was so little growth for low-carbon sources compared to the previous year.

There was another increase for wind power in 2019 (up 8TWh, 14%), with record wind generation as several large new windfarms were completed including the 1.2GW Hornsea One project in October and the 0.6GW Beatrice offshore windfarm in Q2 of 2019. But this was offset by a decline for nuclear (down 9TWh, 14%), due to ongoing outages for reactors at Hunterston in Scotland and Dungeness in Kent.

(Analysis of data held by trade organisation RenewableUK suggests some 0.6GW of onshore wind capacity also started operating in 2019, including the 0.2GW Dorenell scheme in Moray, Scotland.)

As a result of these movements, the UK’s windfarms overtook nuclear for the first time ever in 2019, becoming the country’s second-largest source of electricity generation, and earlier, wind and solar together surpassed nuclear in the UK as momentum built. This is shown in the figure below, with wind (green line, top panel) trading places with nuclear (purple) and gas (dark blue) down around 25% since 2010 but remaining the single-largest source.

 Annual electricity generation in the UK by fuel, terawatt hours, 2010-2019. Top panel: fuel by fuel. Bottom panel: cumulative total generation from all sources. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
The UK’s currently suspended nuclear plants are due to return to service in January and March, according to operator EDF, the French state-backed utility firm. However, as noted above, most of the UK’s nuclear fleet is set to retire during the 2020s, with only Sizewell B in Suffolk due to still be operating by 2030. Hunterston is scheduled to retire by 2023 and Dungeness by 2028.

Set against these losses, the UK has a pipeline of offshore windfarms, secured via “contracts for difference” with the government, at a series of auctions. The most recent auction, in September 2019, saw prices below £40 per megawatt hour – similar to current wholesale electricity prices.

However, the capacity contracted so far is not sufficient to meet the government’s target of 40GW by 2030, meaning further auctions – or some other policy mechanism – will be required.

Coal zero
As well as the switch between wind and nuclear, 2019 also saw coal fall below solar for the first time across a full year, echoing the 2016 moment when wind outgenerated coal across the UK, after it suffered another 60% reduction in electricity output. Just six coal plants remain in the UK, with Aberthaw B in Wales and Fiddlers Ferry in Cheshire closing in March.

Coal accounted for just 2% of UK generation in 2019, a record-low coal share since centralised electricity supplies started to operate in 1882. The fuel met 40% of UK needs as recently as 2012, but has plummeted thanks to falling demand, rising renewables, cheaper gas and higher CO2 prices.

The reduction in average coal generation hides the fact that the fuel is now often not required at all to meet the UK’s electricity needs. The chart below shows the number of days each year when coal output was zero in 2019 (red line) and the two previous years (blue).

 Cumulative number of days when UK electricity generation from renewable sources has been higher than that from fossil fuels. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
The 83 days in 2019 with zero coal generation amount to nearly a quarter of the year and include the record-breaking 18-day stretch without the fuel.

Great Britain has been running for a record TWO WEEKS without using coal to generate electricity – the first time this has happened since 1882.

The country’s grid has been coal-free for 45% of hours in 2019 so far.https://www.carbonbrief.org/countdown-to-2025-tracking-the-uk-coal-phase-out …

Coal generation was set for significant reductions around the world in 2019 – including a 20% reduction for the EU as a whole – according to analysis published by Carbon Brief in November.

Notably, overall UK electricity generation fell by another 9TWh in 2019 (3%), bringing the total decline to 58TWh since 2010. This is equivalent to more than twice the output from the Hinkley C scheme being built in Somerset. As Carbon Brief explained last year, falling demand has had a similar impact on electricity-sector CO2 emissions as the increase in output from renewables.

This is illustrated by the fact that the 9TWh reduction in overall generation translated into a 9TWh (6%) cut in fossil-fuel generation during 2019, with coal falling by 10TWh and gas rising marginally.

Increasingly renewable
As fossil-fuel output and overall generation have declined, the UK’s renewable sources of electricity have continued to increase. Their output has risen nearly five-fold in the past decade and their share of the UK total has increased from 7% in 2010 to 37% in 2019.

As a result, the UK’s increasingly renewable grid is seeing more minutes, hours and days during which the likes of wind, solar and biomass collectively outpace all fossil fuels put together, and on some days wind is the main source as well.

The chart below shows the number of days during each year when renewables generated more electricity than fossil fuels in 2019 (red line) and each of the previous four years (blue lines). In total, nearly two-fifths of days in 2019 crossed this threshold.

 Cumulative number of days when the UK has not generated any electricity from coal. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
There were also four months in 2019 when renewables generated more of the UK’s electricity than fossil fuels: March, August, September and December. The first ever such month came in September 2018 and more are certain to follow.

National Grid, which manages Great Britain’s high-voltage electricity transmission network, is aiming to be able to run the system without fossil fuels by 2025, at least for short periods. At present, it sometimes has to ask windfarm operators to switch off and gas plants to start running in order to keep the electricity grid stable.

Note that biomass accounted for 11% of UK electricity generation in 2019, nearly a third of the total from all renewables. Some two-thirds of the biomass output is from “plant biomass”, primarily wood pellets burnt at Lynemouth in Northumberland and the Drax plant in Yorkshire. The remainder was from an array of smaller sites based on landfill gas, sewage gas or anaerobic digestion.

The CCC says the UK should “move away” from large-scale biomass power plants, once existing subsidy contracts for Drax and Lynemouth expire in 2027.

Using biomass to generate electricity is not zero-carbon and in some circumstances could lead to higher emissions than from fossil fuels. Moreover, there are more valuable uses for the world’s limited supply of biomass feedstock, the CCC says, including carbon sequestration and hard-to-abate sectors with few alternatives.

Methodology
The figures in the article are from Carbon Brief analysis of data from BEIS Energy Trends chapter 5 and chapter 6, as well as from BM Reports. The figures from BM Reports are for electricity supplied to the grid in Great Britain only and are adjusted to include Northern Ireland.

In Carbon Brief’s analysis, the BM Reports numbers are also adjusted to account for electricity used by power plants on site and for generation by plants not connected to the high-voltage national grid. This includes many onshore windfarms, as well as industrial gas combined heat and power plants and those burning landfill gas, waste or sewage gas.

By design, the Carbon Brief analysis is intended to align as closely as possible to the official government figures on electricity generated in the UK, reported in BEIS Energy Trends table 5.1.

Briefly, the raw data for each fuel is in most cases adjusted with a multiplier, derived from the ratio between the reported BEIS numbers and unadjusted figures for previous quarters.

Carbon Brief’s method of analysis has been verified against published BEIS figures using “hindcasting”. This shows the estimates for total electricity generation from fossil fuels or renewables to have been within ±3% of the BEIS number in each quarter since Q4 2017. (Data before then is not sufficient to carry out the Carbon Brief analysis.)

For example, in the second quarter of 2019, a Carbon Brief hindcast estimates gas generation at 33.1TWh, whereas the published BEIS figure was 34.0TWh. Similarly, it produces an estimate of 27.4TWh for renewables, against a BEIS figure of 27.1TWh.

National Grid recently shared its own analysis for electricity in Great Britain during 2019 via its energy dashboard, which differs from Carbon Brief’s figures.

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OPG-TVA SMR Partnership advances advanced nuclear technology and small modular reactors for 24/7 carbon-free baseload power, enabling net-zero goals, cross-border licensing, and deployment within a North American clean energy hub.

Key Points

A cross-border effort by OPG and TVA to develop, license, and deploy SMRs for reliable, carbon-free baseload power.

✅ Coordinates design, licensing, construction, and operations

✅ Supports 24/7 baseload, net-zero targets, and energy security

✅ Leverages Darlington and Clinch River early site permits

Two of North America's leading nuclear utilities unveiled a pioneering partnership to develop advanced nuclear technology as an integral part of a clean energy future and creating a North American energy hub. Ontario Power Generation, whose OPG's SMR commitment is well established, and the Tennessee Valley Authority will jointly work to help develop small modular reactors as an effective long-term source of 24/7 carbon-free energy in both Canada and the U.S.

The agreement allows the companies to coordinate their explorations into the design, licensing, construction and operation of small modular reactors.

"As leaders in our industry and nations, OPG and TVA share a common goal to decarbonize energy generation while maintaining reliability and low-cost service, which our customers expect and deserve," said Jeff Lyash, TVA President and CEO. "Advanced nuclear technology will not only help us meet our net-zero carbon targets but will also advance North American energy security."

"Nuclear energy has long been key to Ontario's clean electricity grid, and is a crucial part of our net-zero future," said Ken Hartwick, OPG President and CEO. "Working together, OPG and TVA will find efficiencies and share best practices for the long-term supply of the economical, carbon-free, reliable electricity our jurisdictions need, supported by ongoing Pickering life extensions across Ontario's fleet."

OPG and TVA have similar histories and missions. Both are based on public power models that developed from renewable hydroelectric generation before adding nuclear to their generation mixes. Today, nuclear generation accounts for significant portions of their carbon-free energy portfolios, with Ontario advancing the Pickering B refurbishment to sustain capacity.

Both are also actively exploring SMR technologies. OPG is moving forward with plans to deploy an SMR at its Darlington nuclear facility in Clarington, ON, as part of broader Darlington SMR plans now underway. The Darlington site is the only location in Canada licensed for new nuclear with a completed and accepted Environmental Assessment. TVA currently holds the only Nuclear Regulatory Commission Early Site Permit in the U.S. for small modular reactor deployment at its Clinch River site near Oak Ridge, TN.

No exchange of funding is involved. However, the collaboration agreement will help OPG and TVA reduce the financial risk that comes from development of innovative technology, as well as future deployment costs.

"TVA has the most recent experience completing a new nuclear plant in North America at Watts Bar and that knowledge is invaluable to us as we work toward the first SMR groundbreaking at Darlington," said Hartwick. "Likewise, because we are a little further along in our construction timing, TVA will gain the advantage of our experience before they start work at Clinch River."

"It's a win-win agreement that benefits all of those served by both OPG and TVA, as well as our nations," said Lyash. "Moving this technology forward is not only a significant step in advancing a clean energy future and Canada's climate goals, but also in creating a North American energy hub."

"With the demand for clean electricity on the rise around the world, Ontario's momentum is growing. The world is watching Ontario as we advance our work to fully unleash our nuclear advantage, alongside a premiers' SMR initiative that underscores provincial collaboration. I congratulate OPG and TVA – two great industry leaders – for working together to deploy SMRs and showcase and apply Canada's nuclear expertise that will deliver economic, health and environmental benefits for all of us to enjoy," said Todd Smith, Ontario Minister of Energy.

"The changing climate is a global crisis that requires global solutions. The partnership between the Tennessee Valley Authority and Ontario Power Generation to develop and deploy advanced nuclear technology is exactly the kind of innovative collaboration that is needed to quickly bring the next generation of nuclear carbon-free generation to market. I applaud the leadership that both companies are demonstrating to further strengthen our cross-border relationships," said Maria Korsnick, President and CEO, Nuclear Energy Institute.

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Nordic Power Grid Dispute highlights cross-border interconnector congestion, curtailed exports and imports, hydropower priorities, winter demand spikes, rising spot prices, and transmission grid security amid decarbonization efforts across Sweden, Norway, Finland, and Denmark.

Key Points

A clash over interconnectors and capacity cuts reshaping trade, prices, and reliability in the Nordic power market.

✅ Sweden cuts interconnector capacity to protect grid stability

✅ Norway prioritizes higher-priced exports via new cables

✅ Finland and Denmark seek EU action on capacity curtailments

A spat over electricity supplies is heating up in northern Europe. Sweden is blocking Norway from using its grids to transfer power from producers throughout the region. That’s angered Norway, which in turn has cut flows to its Nordic neighbor.

The dispute has built up around the use of cross-border power cables, which are a key part of Europe’s plans to decarbonize since they give adjacent countries access to low-carbon resources such as wind or hydropower. The electricity flows to wherever prices are higher, informed by how electricity is priced across Europe, without interference from grid operators -- but in the event of a supply squeeze, flows can be stopped.

Sweden moved to safeguard the security of its grid after Norway started increasing electricity exports through huge new cables to Germany and the U.K. Those exports at times have drawn energy away from Sweden, resulting in the country’s system operator cutting capacity at its Nordic borders, preventing exports but also hindering imports, which it relies on to handle demand spikes during winter.

“This is not a good situation in the long run,” Christian Holtz, a energy market consultant for Merlin & Metis AB.

Norway hit back last week by cutting flows to Sweden, this will prioritize better paying customers in Europe, amid Irish price spikes that highlight dispatchable shortages, giving them access to its vast hydro resources at the expense of its Nordic neighbors. 

By partially closing its borders Sweden can’t access imports either, which it relies on to handle demand spikes during the coldest days of the winter. 

In Denmark, unusual summer and autumn winds have at times delivered extraordinarily low electricity prices that ripple through regional markets.

The Swedish grid manager Svenska Kraftnat has reduced export capacity at cables across its borders by as much as half this year to keep operations secure. Finland and Denmark rely on imports too and the cuts will come at a cost for millions of homes and industries across the four nations already contending with record electricity rates this year. 

Finland and Denmark want the European Union to end the exemption to regulations that make such reductions possible in the first place, as Europe is losing nuclear power and facing tighter supply.

“Imports from our neighboring countries ensure adequacy at times of peak consumption,” said Reima Paivinen, head of operation at the Finland’s Fingrid. “The recent surge in electricity prices throughout Europe does not directly affect the adequacy of electricity, but prices may rise dramatically for short periods.”

Svenska Kraftnat says it’s not political -- it has no choice but to cut capacity until its old grids are expanded to handle the new direction of flows, a challenge mirrored by grid expansion woes in Germany that slow integration. That could take at least until 2030 to complete, it said earlier this year. At the same time, Norway halving available export capacity to about 1,200 megawatts will increase risk of shortages. 

“If we need more we will have to count on imports from other countries,” said Erik Ek, head of strategic operation at Svenska Kraftnat. “If that is not available, we will have to disconnect users the day it gets cold.”

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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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