Falling silicon prices pressure thin-film solar

By Reuters


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A collapse in silicon prices threatens to put the heat on solar panel makers that use little of the material, such as Japan's Sharp Corp and even low-cost industry darling First Solar Inc.

Spot prices on the solar industry's key raw material, polysilicon, have halved since January, giving a leg up to solar panels that rely heavily on the material.

Thin-film solar panels, made with little or no polysilicon, are starting to lose their competitive edge over China-made silicon-based modules, which are more efficient in transforming the sun's rays into electricity.

"First Solar is still the undisputed leader, but finally, someone's competing with them," said Macquarie analyst Kelly Dougherty. Intensifying price competition is making scale all-important, hurting the chances of start-ups, she said. "If this trend continues, I wouldn't be surprised if just a handful of thin-film companies are left."

U.S.-based First Solar, the world's top thin-film company, has been snapping up large, utility-scale contracts in Europe and the United States thanks to its cadmium telluride panels that are cheaper to produce than the traditional silicon-based panels that dominate the market.

But the precipitous drop in silicon panel prices is eroding First Solar's lead.

Last month, the chief executive of German solar power plant builder and First Solar customer Phoenix Solar AG said the company was ready to shift toward silicon-based panels if prices drop far enough.

Crystalline silicon and thin film solar panels are now competing in the same markets for the same customers, Andreas Haenel said on a conference call, adding that Phoenix had been able to negotiate lower prices with First Solar as a result.

"Whenever we see that one is getting the advantage over another, we are flexible to shift from left to right and from right to left," Haenel said.

Polysilicon prices will continue to fall as semiconductor demand stays weak and oversupply plagues the solar sector, industry players say.

That, along with potential demand gains from a new solar subsidy in China, would further lower costs for Chinese manufacturers, who already boast processing costs of 90 cents to $1 per watt of generating capacity — narrowing the gap with ultra-low-cost First Solar and giving Sharp and Taiwanese thin-film makers such as NexPower Technology, an affiliate of United Microelectronics Corp, a run for their money.

Chinese manufacturers including Suntech Power Holdings Co Ltd, Trina Solar and Yingli Green Energy Holding Co Ltd have been able to cut their prices more aggressively than their German and U.S. peers because they procure more polysilicon from the spot market and because of low electricity and labor costs.

Yingli Green Energy Holding Co Ltd, which is undercutting even its Chinese rivals, was tapped by U.S. power company and First Solar customer AES Corp last month to be its exclusive supplier of crystalline silicon solar panels — a deal Barclays Capital analyst Vishal Shah wrote "shows further evidence that low poly prices are likely closing the gap between First Solar and Yingli panel prices."

Silicon-based panels are thought to be competitive with thin film at about 1.60 euros ($2.26) per watt of generating capacity, according to Friedman Billings Ramsey analyst Mehdi Hosseini.

On average, prices are now between 1.70 euros per watt and 1.80 euros per watt, Hosseini said, adding that China's Yingli recently beat out First Solar for a contract in Germany by pricing below the market average at 1.60 euros per watt.

First Solar officials did not reply to a request for comment on Hosseini's assertion.

"These price falls are a major problem for thin-film makers, especially for those that use turnkey lines from Applied Materials Inc or Oerlikon and who just deliver standard amorphous tandem thin-film cells," said iSuppli analyst Stefan de Haan.

Applied Materials customers include India's Moser Baer, U.S.-based private company Signet Solar and China's ENN Solar Energy Co. Oerlikon customers include Germany's SCHOTT Solar and ErSol Solar Energy AG and Taiwan's CMC Magnetics Corp.

Not that anyone expects First Solar to be run out of the market. Rather, lower prices on silicon-based panels will pressure the company to stay competitive by cutting its own prices, ultimately driving down earnings estimates.

"First Solar is still one of the best companies, it's just that competition is catching up and do you really want to buy it at $200?" said Hosseini, who cut his rating on First Solar to ‘underperform’. "The kind of earnings that I am expecting justifies a $100 or $110 stock, not $200."

First Solar's stock was at $190.66 in one day of trading on Nasdaq and has gained about 30 percent so far this year. The shares trade at about 25 times 2009 earnings estimates, compared with multiples of 22, 15 and 11 for Yingli, Suntech and Trina.

One First Solar investor said that while competition was heating up, he still expected the company to compete best for contracts with U.S. utilities, who are willing to trade efficiency for the lowest price possible.

"It does make thin-film marginally less superior, but it definitely hasn't eroded its advantage," said Edward Guinness, a fund manager with Guinness Atkinson Funds, which owns more than 11,000 First Solar shares. "We've always seen thin-film as having an attractive niche. I don't think it's going to take over the whole market, and I've never thought that."

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This Floating Hotel Will Generate Electricity By Rotating All Day

Floating Rotating Eco Hotel harnesses renewable energy via VAWTAU, recycles rainwater for greywater, and follows zero-waste principles. This mobile, off-grid, Qatar-based resort generates electricity by slow 360-degree rotation while offering luxury amenities.

 

Key Points

A mobile, off-grid hotel that rotates to generate power, uses VAWTAU, recycles greywater, and targets zero-waste.

✅ Rotates 360 deg in 24 hours to produce electricity

✅ VAWTAU system: vertical-axis turbine and sun umbrella

✅ Rain capture and greywater recycling minimize waste

 

A new eco-friendly, floating hotel plans to generate its own electricity by rotating while guests relax on board, echoing developments like the solar Marriott hotel in sustainable hospitality.

Led by Hayri Atak Architectural Design Studio (HAADS), the structure will be completely mobile, meaning it can float from place to place, never sitting in a permanent position. Building began in March 2020 and the architects aim for it to be up and running by 2025.

It will be based in Qatar, but has the potential to be located in different areas due to its mobility, and it sits within a region advancing projects such as solar hydrogen production that signal a broader clean-energy shift.

The design includes minimum energy loss and a zero waste principle at its core, aligning with progress in wave energy research that aims to power a clean future. As it will rotate around all day long, this will generate electrical energy to power the whole hotel.

But guests won’t feel too dizzy, as it takes 24 hours for the hotel to spin 360 degrees.

The floating hotel will stay within areas with continuous currents, to ensure that it is always rotating, drawing on ideas from ocean and river power systems that exploit natural flows. This type of green energy production is called ‘vawtau’ (vertical axis wind turbine and umbrella) which works like a wind turbine on the vertical axis, while alternative approaches like kite-based wind energy target stronger, high-altitude currents as well, and functions as a sun umbrella on the coastal band.

Beyond marine-current concepts such as underwater kites, the structure will also make use of rainwater to create power. A cover on the top of the hotel will collect rain to be used for greywater recycling. This is when wastewater is plumbed straight back into toilets, washing machines or outside taps to maximise efficiency.

The whole surface area is around 35,000 m², comparable in scale to emerging floating solar plants that demonstrate modular, water-based infrastructure, and there are a total of 152 rooms. It will have three different entrances so that there is access to the land at any time of the day, thanks to the 140-degree pier that surrounds it.

There will also be indoor and outdoor swimming pools, a sauna, spa, gym, mini golf course and other activity areas.

 

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U.S. offshore wind power about to soar

US Offshore Wind Lease Sales signal soaring renewable energy growth, drawing oil and gas developers, requiring BOEM auctions, seismic surveying, transmission planning, with $70B investment, 8 GW milestones, and substantial job creation in coastal communities.

 

Key Points

BOEM-run auctions granting areas for offshore wind, spurring projects, investment, and jobs in federal waters.

✅ $70B investment needed by 2030 to meet current demand

✅ 8 GW early buildout could create 40,000 US jobs

✅ Requires BOEM auctions, seismic surveying, transmission corridors

 

Recent offshore lease sales demonstrate that not only has offshore wind arrived in the U.S., but it is clearly set to soar, as forecasts point to a $1 trillion global market in the coming decades. The level of participation today, especially from seasoned offshore oil and gas developers, exemplifies that the offshore industry is an advocate for the 'all of the above' energy portfolio.

Offshore wind could generate 160,000 direct, indirect and induced jobs, with 40,000 new U.S. jobs with the first 8 gigawatts of production, while broader forecasts see a quarter-million U.S. wind jobs within four years.

In fact, a recent report from the Special Initiative on Offshore Wind (SIOW), said that offshore wind investment in U.S. waters will require $70 billion by 2030 just based on current demand, and the UK's rapid scale-up offers a relevant benchmark.

Maintaining this tremendous level of interest from offshore wind developers requires a reliable inventory of regularly scheduled offshore wind sales and the ability to develop those resources. Coastal communities and extreme environmental groups opposing seismic surveying and the issuance of incidental harassment authorizations under the Marine Mammal Protection Act may literally take the wind out of these sales. Just as it is for offshore oil and gas development, seismic surveying is vital for offshore wind development, specifically in the siting of wind turbines and transmission corridors.

Unfortunately, a long-term pipeline of wind lease sales does not currently exist. In fact, with the exception of a sale proposed offshore New York offshore wind or potentially California in 2020, there aren't any future lease sales scheduled, leaving nothing upon which developers can plan future investments and prompting questions about when 1 GW will be on the grid nationwide.

NOIA is dedicated to working with the Bureau of Ocean Energy Management and coastal communities, consumers, energy producers and other stakeholders, drawing on U.K. wind lessons where applicable, in working through these challenges to make offshore wind a reality for millions of Americans.

 

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Nunavut's electricity price hike explained

Nunavut electricity rate increase sees QEC raise domestic electricity rates 6.6% over two years, affecting customer rates, base rates, subsidies, and kWh overage charges across communities, with public housing exempt and territory-wide pricing denied.

 

Key Points

A 6.6% QEC hike over 2018-2019, affecting customer rates, subsidies, and kWh overage; public housing remains exempt.

✅ 3.3% on May 1, 2018; 3.3% on Apr 1, 2019

✅ Subsidy caps: 1,000 kWh Oct-Mar; 700 kWh Apr-Sep

✅ Territory-wide base rate denied; public housing exempt

 

Ahead of the Nunavut government's approval of the general rate increase for the Qulliq Energy Corporation, many Nunavummiut wondered how the change would impact their electricity bills.

QEC's request for a 6.6-per-cent increase was approved by the government last week. The increase will be spread out over two years, a pattern similar to BC Hydro's two-year rate plan, with the first increase (3.3 per cent) effective May 1, 2018. The remaining 3.3 per cent will be applied on April 1, 2019.

Public housing units, however, are exempt from the government's increase altogether.

The power corporation also asked for a territory-wide rate, so every community would pay the same base rate (we'll go over specific terms in a minute if you're not familiar with them). But that request was denied, even as Manitoba Hydro scaled back increases next year, and QEC will now take the next two years reassessing each community's base rate.

#google#

So, what does this mean for your home's power bill? Well, there's a few things you need to know, which we'll get to in a second.

But in essence, as long as you don't go over the government-subsidized monthly electricity usage limit, you're paying an extra 3.61 cents per kilowatt hour (kWh).

To be clear, we're talking about non-government domestic rates — basically, private homeowners — and those living in a government-owned unit but pay for their own power.

 

The basics

First, some quick terminology. The "base rate" term we're going to use (and used above) in this story refers to the community rate. As in, what QEC charges customers in every community. The "customer rate" is the rate customers actually pay, after the government's subsidy.

 

The first thing you need to know is everyone in Nunavut starts off by paying the same customer rate, unlike jurisdictions using a price cap to limit spikes.

That's because the government subsidizes electricity costs, and that subsidy is different in every community, because the base rate is different.

For example, Iqaluit's new base rate after the 3.3 per cent increase (remember, the 6.6 per cent is being applied over two years) is 56.69 cents per kWh, while Kugaaruk's base rate rose to 112.34 cents per kWh. Those, by the way, are the territory's lowest and highest respective base rates.

However, customers in both Iqaluit and Kugaaruk will each now pay 28.35 cents per kWh because, remember, the government subsidizes the base rates in every community.

Now, remember earlier we mentioned a "government-subsidized monthly electricity usage limit?" That's where customers in various communities start to pay different amounts.

As simply as we can explain it, the government will only cover so much electricity usage in a month, in every household.

Between October and March, the government will subsidize the first 1,000 kilowatt hours, and only 700 kilowatt hours from April to September. QEC says the average Nunavut home will use about 500 kilowatt hours every month over the course of a year.

But if your household goes over that limit, you're at the mercy of your community's base rate for any extra electricity you use. Homes in Kugaaruk in December, for instance, will have to pay that 122.34 cents for every extra kilowatt hour it uses, while homes in Iqaluit only have to pay 56.69 cents per kWh for its extra electricity.

That's where many Nunavummiut have criticized the current rate structure, because smaller communities are paying more for their extra costs than larger communities.

QEC had hoped — as it had asked for — to change the structure so every community pays the same base rate. So regardless of if people go over their electricity usage limits for the government subsidy, everyone would pay the same overage rates.

But the government denied that request.

 

New rate is actually lower

The one thing we should highlight, however, is the new rate after the increase is actually lower than what customers were paying in 2014.

For the past seven months, customers have been getting power from QEC at a discount, whereas Newfoundland customers began paying for Muskrat Falls during the same period, to different effect.

That's because when QEC sets its rates, it does so based on global oil price forecasts. Since 2014, the price of oil worldwide has slumped, and so QEC was able to purchase it at less than it had anticipated.

When that happens, and QEC makes more than $1 million within a six month period thanks to the lower oil prices, it refunds the excess profits back to customers through a discount on electricity base rates — a mechanism similar to a lump-sum credit used elsewhere — the government subsidy, however, doesn't change so the savings are passed on directly to customers.

Now, the 6.6 per cent increase to electricity rates, is actually being applied to the discounted base rate from the last seven months.

So again, while customers are paying more than they have been for the last seven months, it's lower than what they were paying in 2014.

Lastly, to be clear, all the figures used in this story are only for domestic non-government rates. Commercial rates and changes have not been explored in this story, given the differences in subsidy and rate application.

 

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Zero-emission electricity in Canada by 2035 is practical and profitable

Canada 100% Renewable Power by 2035 envisions a decentralized grid built on wind, solar, energy storage, and efficiency, delivering zero-emission, resilient, low-cost electricity while phasing out nuclear and gas to meet net-zero targets.

 

Key Points

Zero-emission, decentralized grid using wind, solar, and storage, plus efficiency, to retire fossil and nuclear by 2035.

✅ Scale wind and solar 18x with storage for reliability.

✅ Phase out nuclear and gas; no CCS or offsets needed.

✅ Modernize grids and codes; boost efficiency, jobs, and affordability.

 

A powerful derecho that left nearly a million people without power in Ontario and Quebec on May 21 was a reminder of the critical importance of electricity in our daily lives.

Canada’s electrical infrastructure could be more resilient to such events, while being carbon-emission free and provide low-cost electricity with a decentralized grid powered by 100 per cent renewable energy, according to a new study from the David Suzuki Foundation (DSF), a vision of an electric, connected and clean future if the country chooses.

This could be accomplished by 2035 by building a lot more solar and wind, despite indications that demand for solar electricity has lagged in Canada, adding energy storage, while increasing the energy efficiency in buildings, and modernizing provincial energy grids. As this happens, nuclear energy and gas power would be phased out. There would also be no need for carbon capture and storage nor carbon offsets, the modeling study concluded.

“Solar and wind are the cheapest sources of electricity generation in history,” said study co-author Stephen Thomas, a mechanical engineer and climate solutions policy analyst at the DSF.

“There are no technical barriers to reaching 100 per cent zero-emission electricity by 2035 nationwide,” Thomas told The Weather Network (TWN). However, there are considerable institutional and political barriers to be overcome, he said.

Other countries face similar barriers and many have found ways to reduce their emissions; for example, the U.S. grid's slow path to 100% renewables illustrates these challenges. There are enormous benefits including improved air quality and health, up to 75,000 new jobs annually, and lower electricity costs. Carbon emissions would be reduced by 200 million tons a year by 2050, just over one quarter of the reductions needed for Canada to meet its overall net zero target, the study stated.

Building a net-zero carbon electricity system by 2035 is a key part of Canada’s 2030 Emissions Reduction Plan. Currently over 80 per cent of the nation’s electricity comes from non-carbon sources including a 15 per cent contribution from nuclear, with solar capacity nearing a 5 GW milestone nationally. How the final 20 per cent will be emission-free is currently under discussion.

The Shifting Power study envisions an 18-fold increase in wind and solar energy, with the Prairie provinces expected to lead growth, along with a big increase in Canada’s electrical generation capacity to bridge the 20 per cent gap as well as replacing existing nuclear power.

The report does not see a future role for nuclear power due to the high costs of refurbishing existing plants, including the challenges with disposal of radioactive wastes and decommissioning plants at their end of life. As for the oft-proposed small modular nuclear reactors, their costs will likely “be much more costly than renewables,” according to the report.

There are no technical barriers to building a bigger, cleaner, and smarter electricity system, agrees Caroline Lee, co-author of the Canadian Climate Institute’s study on net-zero electricity, “The Big Switch” released in May. However, as Lee previously told TWN, there are substantial institutional and political barriers.

In many respects, the Shifting Power study is similar to Lee’s study except it phases out nuclear power, forecasts a reduction in hydro power generation, and does not require any carbon capture and storage, she told TWN. Those are replaced with a lot more wind generation and more storage capacity.

“There are strengths and weaknesses to both approaches. We can do either but need a wide debate on what kind of electricity system we want,” Lee said.

That debate has to happen immediately because there is an enormous amount of work to do. When it comes to energy infrastructure, nearly everything “we put in the ground has to be wind, solar, or storage” to meet the 2035 deadline, she said.

There is no path to net zero by 2050 without a zero-emissions electricity system well before that date. Here are some of the necessary steps the report provided:

Create a range of skills training programs for renewable energy construction and installation as well as building retrofits.

Prioritize energy efficiency and conservation across all sectors through regulations such as building codes.

Ensure communities and individuals are fully informed and can decide if they wish to benefit from hosting energy generation infrastructure.

Create a national energy poverty strategy to ensure affordable access.

Strong and clear federal and provincial rules for utilities that mandate zero-emission electricity by 2035.

For Indigenous communities, make sure ownership opportunities are available along with decision-making power.

Canada should move as fast as possible to 100 per cent renewable energy to gain the benefits of lower energy costs, less pollution, and reduced carbon emissions, says Stanford University engineer and energy expert Mark Jacobson.

“Canada has so many clean, renewable energy resources that it is one of the easier countries [that can] transition away from fossil fuels,” Jacobson told TWN.

For the past decade, Jacobson has been producing studies and technical reports on 100 per cent renewable energy, including a new one for Canada, even as Canada is often seen as a solar power laggard today. The Stanford report, A Solution to Global Warming, Air Pollution, and Energy Insecurity for Canada, says a 100 per cent transition by 2035 timeline is ideal. Where it differs from DSF’s Shifting Power report is that it envisions offshore wind and rooftop solar panels which the latter did not.

“Our report is very conservative. Much more is possible,” agrees Thomas.

“We’re lagging behind. Canadians really want to get going on building solutions and getting the benefits of a zero emissions electricity system.”

 

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Tariffs on Chinese Electric Vehicles

Canada EV Tariffs weigh protectionism, import duties, and trade policy against affordable electric vehicles, climate goals, and consumer costs, balancing domestic manufacturing, critical minerals, battery supply chains, and China relations amid US-EU actions.

 

Key Points

Canada EV Tariffs are proposed duties on Chinese EV imports to protect jobs vs. prices, climate goals, and trade risks.

✅ Shield domestic automakers; counter subsidies

✅ Raise EV prices; slow adoption, climate targets

✅ Spark China retaliation; hit exports, supply chains

 

Canada, a rising star in critical EV battery minerals, finds itself at a crossroads. The question: should they follow the US and EU and impose tariffs on Chinese electric vehicles (EVs), after the U.S. 100% tariff on Chinese EVs set a precedent?

The Allure of Protectionism

Proponents see tariffs as a shield for Canada's auto industry, supported by recent EV assembly deals that put Canada in the race, a vital job creator. They argue that cheaper Chinese EVs, potentially boosted by government subsidies, threaten Canadian manufacturers. Tariffs, they believe, would level the playing field.

Consumer Concerns and Environmental Impact

Opponents fear tariffs will translate to higher prices, deterring Canadians from buying EVs, especially amid EV shortages and wait times already affecting the market. This could slow down Canada's transition to cleaner transportation, crucial for meeting climate goals. A slower EV adoption could also impact Canada's potential as an EV leader.

The Looming Trade War Shadow

Tariffs risk escalating tensions with China, Canada's second-largest trading partner. China might retaliate with tariffs on Canadian exports, jeopardizing sectors like oil and lumber. This could harm the Canadian economy and disrupt critical mineral and battery development, areas where Canada is strategically positioned, even as opportunities to capitalize on the U.S. EV pivot continue to emerge across North America.

Navigating a Charged Path

The Canadian government faces a complex decision. Protecting domestic jobs is important, but so is keeping EVs affordable for a greener future and advancing EV sales regulations that shape the market. Canada must carefully consider the potential benefits of tariffs against the risks of higher consumer costs and a potential trade war.

This path forward could involve exploring alternative solutions. Canada could invest in its domestic EV industry, providing incentives for both consumers and manufacturers. Additionally, collaborating with other countries, including Canada-U.S. collaboration as companies turn to EVs, to address China's alleged unfair trade practices might be a more strategic approach.

Canada's decision on EV tariffs will have far-reaching consequences. Striking a balance between protecting its domestic industry and fostering a robust, environmentally friendly transportation sector, and meeting ambitious EV goals set by policymakers, is crucial. Only time will tell which path Canada chooses, but the stakes are high, impacting not just jobs, but also the environment and Canada's position in the global EV race.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

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

 

Key Points

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

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

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

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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