Wind energy — too much of a good thing

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A surfeit of wind energy is pushing down the price of all electricity.

The real time price of electricity in West Texas, where almost all generation is wind, was negative for 23% of April. The negative prices spilled over to the rest of Texas for about 1% of the month. This may be the future of the electric industry, with negative prices for a substantial amount of time each month.

Various government programs are promoting renewable energy production schemes, such as wind machines, solar cells, and geothermal. These schemes include:

• Tax Credits — Developers receive a discount on their income taxes for investment in renewable energy projects. The tax credits can be based on the amount invested in the project or in the amount of energy produced by the project.

• Renewable Portfolio Standards (RPS) — States require their utilities to produce a stated fraction of their electricity using various types of renewable energy. The definition of utility varies, sometimes including municipally owned utilities, cooperatively owned utilities, marketers, and consumers who produce their own electricity. The definition of renewable varies, sometimes including nuclear, conventional hydro, trash burners, etc.

RPS generally includes a provision for a Renewable Energy Credit (REC) where a utility with a surplus of renewable can sell their compliance to others with a shortage. Some states value one form of renewable at multiples of other forms of renewable, such that RECs may not be fungible across state lines.

The effect of these government programs is a surfeit of renewable energy projects, especially wind projects. Since electricity is fungible, the surfeit of renewable energy projects is creating a surplus of electricity capacity, and sometimes a surplus of the actual production of electricity. Since electricity cannot be easily stored, the surplus can cause operating problems and is driving down the market price for electricity in the competitive markets such as ERCOT, the Electricity Reliability Council Of Texas, which operates the electricity facilities in most of Texas.

ERCOT has identified four different market areas based on the likelihood of transmission constraints between these market areas. The smallest market area is the West market area, which is dominated by wind generation. The capacity of wind generators in the West market area is so great that they occasionally swamp the transmission lines connecting the West market area with the rest of ERCOT. During such times, ERCOT calls upon the generators in the West market area to reduce generation, essentially to dump wind.

Until recently the ERCOT procedure was to actually tell generators in the West market area to dump wind. The wind generators apparently were unhappy with the command and control attitude of ERCOT and sought an economic approach. The current ERCOT approach allows generators in the West market area to bid for access to the transmission lines connecting the West market area to the rest of ERCOT. At least that was effectively the situation for 23% of the time in April 2009. During 664 of the quarter hour periods in April, the price for generation in the West market area was less than zero, with generators paying for the right to dump electricity into the grid. During 28 of those quarter hour periods the negative prices spilled over to other parts of ERCOT.

Renewable energy projects are able to bid negative prices due to the substantial revenue streams they obtain from sources other than ERCOT. A close analogy exists in another renewable energy market, the burning of trash in incinerators to make electricity.

Some incinerators do not have a sufficient volume of trash to produce all of the electricity for which they might be under contractual obligation to produce. The incinerators at such time will buy fossil fuels, such as coal, oil, or natural gas. As much as possible, the incinerators will instead burn trash, charging the trash hauler a tipping fee. Thus, the incinerators will see their fuel cost go from positive to negative depending upon the abundance of trash.

The trash hauler is willing to pay the tipping fee to the incinerator as opposed to the higher cost of owning a sanitary land fill or paying a higher tipping feel at an independently owned land fill. The trash hauler would prefer to be paid by the incinerator for the fuel provided by the trash hauler, but is able to afford the tipping fee because the trash hauler has other sources of revenue in the form of pickup fees. Similarly, renewable energy projects would prefer to be paid for their electricity but can afford to pay for the right to dump their electricity onto ERCOT since they have other sources of revenue.

The migration of extreme electricity prices from one region to another region has been seen in the past. While the ERCOT example is the spread of low prices from the West market area to the rest of ERCOT, the West Coast of North America provided the opposite example in 2000/2001.

The high prices faced by California were passed on by the market to Oregon, Washington, and Canada. Consumers in that area responded, most famously by shutting down aluminum smelters to sell their electrical rights into the California market. This led to higher world prices of aluminum ingots and to higher electricity prices in Venezuela. The electricity supply agreements to the smelters in Venezuela had net back pricing, with the price of electricity determined by the price the smelters received for their ingots.

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Trump's Order Boosts U.S. Uranium and Nuclear Energy

Uranium Critical Mineral Reclassification signals a US executive order directing USGS to restore critical status, boosting nuclear energy, domestic uranium mining, streamlined permitting, federal support, and energy security amid import reliance and supply chain risks.

 

Key Points

A policy relisting uranium as a critical mineral to unlock funding, speed permits, and strengthen U.S. nuclear security.

✅ Directs Interior to have USGS reconsider uranium classification

✅ Speeds permits for domestic uranium mining projects

✅ Targets import dependence and strengthens energy security

 

In a strategic move to bolster the United States' nuclear energy sector, former President Donald Trump issued an executive order on January 20, 2025, directing the Secretary of the Interior to instruct the U.S. Geological Survey (USGS) to reconsider classifying uranium as a critical mineral. This directive aims to enhance federal support and streamline permitting processes for domestic uranium projects, thereby strengthening U.S. energy security objectives.

Reclassification of Uranium as a Critical Mineral

The USGS had previously removed uranium from its critical minerals list in 2022, categorizing it as a "fuel mineral" that did not qualify for such designation. The recent executive order seeks to reverse this decision, recognizing uranium's strategic importance in the context of the nation's energy infrastructure and geopolitical considerations.

Implications for Domestic Uranium Production

Reclassifying uranium as a critical mineral is expected to unlock federal funding and expedite the permitting process for uranium mining projects within the United States. This initiative is particularly pertinent given the significant decline in domestic uranium production over the past two decades. According to the U.S. Energy Information Administration, domestic production has decreased by 96%, from 4.8 million pounds in 2014 to approximately 121,296 pounds in the third quarter of 2024.

Current Uranium Supply Dynamics

Despite the push for increased domestic production, the U.S. remains heavily reliant on uranium imports. In 2022, 27% of U.S. uranium purchases were sourced from Canada, with an additional 57% imported from countries including Kazakhstan, Uzbekistan, Australia, and Russia; a recent ban on Russian uranium could further disrupt these supply patterns and heighten risks. This reliance on foreign sources has raised concerns about energy security, especially in light of recent geopolitical tensions.

Challenges and Considerations

While the executive order represents a significant step toward revitalizing the U.S. nuclear energy sector, several challenges persist, and energy dominance faces constraints that will shape implementation:

  • Regulatory Hurdles: Accelerating the permitting process for uranium mining projects involves navigating complex environmental and regulatory frameworks, though recent permitting reforms for geothermal hint at potential pathways, which can be time-consuming and contentious.

  • Market Dynamics: The uranium market is subject to global supply and demand fluctuations, and domestic producers may face competition from established international suppliers.

  • Infrastructure Development: Expanding domestic uranium production necessitates substantial investment in mining infrastructure and workforce development, areas that have been underfunded in recent years.

Broader Implications for Nuclear Energy Policy

The executive order aligns with a broader strategy to revitalize the U.S. nuclear energy industry, where ongoing nuclear innovation is critical to delivering stable, low-emission power. The increasing demand for nuclear energy is driven by the global push for zero-emissions energy sources and the need to support power-intensive technologies, such as artificial intelligence servers.

Former President Trump's executive order to reclassify uranium as a critical mineral, aligning with his broader energy agenda and a prior pledge to end the 'war on coal', signifies a pivotal moment for the U.S. nuclear energy sector. By potentially unlocking federal support, including programs advanced by the Nuclear Innovation Act, and streamlining permitting processes, this initiative aims to reduce dependence on foreign uranium sources and enhance national energy security. However, realizing these objectives will require addressing regulatory challenges, market dynamics, and infrastructure needs to ensure the successful revitalization of the domestic uranium industry.

 

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Manitoba Hydro scales back rate increase next year

Manitoba Hydro 3.5 Percent Rate Increase proposes a smaller electricity rate hike under Public Utilities Board oversight to bolster financial reserves, address debt and Bipole III costs, amid shifting export sales and water flow conditions.

 

Key Points

It is Manitoba Hydro's proposed 3.5% electricity rate hike for 2019-20 to shore up finances under PUB oversight.

✅ PUB review sought without lengthy hearing

✅ Revenue boost forecast at 59 million dollars

✅ Natural gas rates flat; class shifts adjust bills

 

Manitoba Hydro is scaling back its rate hike request for next year, instead of the annual 7.9 per cent hikes the Crown corporation previously said it would need until 2023-24 to address debt. 

Hydro is asking the Public Utilities Board for a 3.5 per cent rate increase next year, which would take effect on April 1.

In last week's application, Hydro said its new board is reviewing the corporation's financial picture. Once that is complete, the utility expects to submit a new multi-year rate plan in late 2019 that addresses the organization's long-term future.

"It's too speculative at this point to discuss any possible future rate increases," spokesperson Bruce Owen said in an email.

The proposed increase next year is similar to other jurisdictions and nearly in line with the Public Utilities Board's decision to allow an average 3.6 per cent jump in electricity rates in 2018-19, which began this summer.

"The requested 3.5 per cent rate increase … generates a modest level of net income under average water flow conditions that will assist in gradually building the revenue base and reduce the risk of the corporation incurring a loss" in 2019-20, the rate application said.

If approved, consumers would face their second rate increase from Hydro in under a year.

Crown Services Minister Colleen Mayer said she's sympathetic to customers bracing for another rate increase amid NL rate hike concerns that far exceeds the rate of inflation.

"I hear that, very clearly," she said. "The NDP left us with an insurmountable problem — we're trying to fix that."

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Next year's rate increase is projected to bring in $59 million of revenue, boosting the Crown corporation's financial reserves by $31 million.

Without it, the utility would deal with a net loss, it said.

This time, Hydro officials are asking PUB to forgo a rate hearing, suggesting neither itself nor the board has the resources for a lengthy six- to nine-month process to review an application where not much has changed financially and would generate a "minimum level of net income," Hydro said in a letter to the board.

The short-term rate relief, the letter recommends, should be "awarded in a timely and cost-effective manner, recognizing that the corporation's long-term financial forecasts will be finalized and available for review" in late 2019.

Hydro's net income next year will be lower than projected, the rate application said, due to a reduction in export sales and increases in depreciation and financing costs from Bipole III.

"Even though they had a total implosion of their previous board, on this very issue, they haven't learned lessons and they continue to be cheerleaders for these rapid rate increases," Kinew said, referring to the exodus of every board member but one earlier this year.

Manitoba Hydro's burgeoning debt surpasses $19 billion

On natural gas, Manitoba Hydro is asking PUB for no rate increase for the next two years.

There will, however, be some changes in rates in different customer classes, Owen said, resulting in modest rate reductions for mainly residential customers and increases for customers who use a lot of natural gas.

The corporation also wants to stop collecting fees to support the furnace replacement program. The initiative will continue with existing fees.

 

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Pandemic causes drop in electricity demand across the province: Manitoba Hydro

Manitoba Electricity Demand Drop reflects COVID-19 effects, lowering peak demand about 6% as businesses and offices close, impacting the regional grid; recession-like patterns emerge while Winnipeg water consumption stays steady and peak usage shifts later.

 

Key Points

An observed 6% decline in Manitoba peak electricity during COVID-19 due to closures; Winnipeg water use remains steady.

✅ Daily peak load down roughly 6% provincewide

✅ Business and office shutdowns drive lower consumption

✅ Winnipeg peak water time shifts to 9 a.m., volume steady

 

The COVID-19 pandemic has caused a drop in the electricity demand across the province, according to Manitoba Hydro, mirroring the Ontario electricity usage decline reported elsewhere in Canada.

On Tuesday, Manitoba Hydro said it has tracked overall electrical use, which includes houses, farms and businesses both large and small, while also cautioning customers about pandemic-related scam calls in recent weeks.

Hydro said it has seen about a six per cent reduction in the daily peak electricity demand, adding this is due to the many businesses and downtown offices which are temporarily closed, even as residential electricity use has increased in many regions.


"Currently, the impact on Manitoba electricity demand appears to be consistent with what we saw during the 2008 recession," Bruce Owen, the media relations officer for Manitoba Hydro, noting a similar Ottawa demand decline during the pandemic, said in an email to CTV News.

Owen added this trend of reduced electricity demand is being seen across North America, with BC Hydro pandemic load patterns reported and the regional grid in the American Midwest – an area where Manitoba Hydro is a member.

While electricity demand is down, BC Hydro expects holiday usage to rise and water usage in Winnipeg has remained the same.

The City of Winnipeg said it has not seen any change in overall water consumption, but as Hydro One kept peak rates in Ontario, peak demand times have moved from 7 – 8 a.m. to 9 a.m.

 

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Lawmakers push bill to connect Texas grid to rest of the nation

Connect the Grid Act links ERCOT to neighboring grids via high-voltage interconnections, enhancing reliability, resilience, and renewables integration. It enables power imports and exports with SPP, MISO, and the Western Interconnection under FERC oversight.

 

Key Points

A plan to link ERCOT with neighboring grids, improving reliability, enabling energy trade, and integrating renewables.

✅ High-voltage ties with SPP, MISO, and the Western Interconnection

✅ Enables imports during crises and exports of surplus power

✅ Brings ERCOT under FERC oversight; DoE to study Mexico links

 

In the aftermath of the devastating 2021 Texas blackouts, which exposed the vulnerabilities of the state's energy infrastructure, a significant legislative effort is underway to transform Texas from an energy island into a connected component of the broader U.S. power grid. Spearheaded by U.S. Representative Greg Casar, D-Austin, the proposed Connect the Grid Act is part of a push for smarter electricity infrastructure that seeks to remedy the isolation of the Electric Reliability Council of Texas (ERCOT) from neighboring power grids, a condition that significantly contributed to the crisis during Winter Storm Uri.

The blackouts, which left millions without power and resulted in significant loss of life and economic damage, underscored the inherent risks of Texas's unique energy infrastructure. Unlike the rest of the continental U.S., Texas's grid operates independently, limiting its ability to import electricity during emergencies. This isolation was a critical factor in the state's inability to respond effectively to the increased demand for power during the storm.

Recognizing the urgent need for a more resilient and integrated energy system, Rep. Casar's legislation aims to establish high-voltage connections between ERCOT and adjacent grid-operating organizations, including the Southern Power Pool, MISO, and the Western Interconnection. This would not only improve the reliability of Texas's power supply by enabling energy imports during crises but also allow the state to export surplus energy, thereby enhancing the economic efficiency and sustainability of its energy market.

The Connect the Grid Act proposes a range for the new connections' transfer capabilities, aiming to significantly boost the amount of power that can be shared between Texas and its neighbors. Such interconnectivity is anticipated to reduce energy costs for consumers by mitigating scarcity and enabling access to Texas's vast renewable energy resources, even as grid modernization affordability remains a point of debate among stakeholders. However, the bill faces opposition due to concerns over federal oversight, as it would bring ERCOT under the jurisdiction of the Federal Energy Regulatory Commission (FERC).

Some analysts note that policies such as later school start dates can ease late-summer peak demand as well.

At a press conference held at the IBEW Local 520 headquarters, Rep. Casar, along with environmental groups, labor unions, and frontline workers, highlighted the benefits of the proposed legislation. The bill also includes provisions for a Department of Energy study on the potential benefits of interconnecting with Mexico, and parallels proposals for macrogrids in Canada that seek greater reliability across borders.

The Connect the Grid Act reflects a broader national trend towards increasing the interconnectivity of regional power grids, a move deemed essential for the transition to renewable energy and combating climate change risks to the U.S. grid through expanded interconnection. By enabling the flow of clean energy from renewable-rich areas like Texas to energy-hungry urban centers, the legislation supports a more sustainable and resilient national energy infrastructure.

Critics of Texas's grid independence, including energy experts and federal regulators, have long advocated for such interconnections. They argue that increased access to neighboring grids could have mitigated the effects of the 2021 blackouts and emphasize the importance of a grid that can withstand extreme weather events. The Federal Energy Regulatory Commission and the North American Electric Reliability Corp. have both explored mandates and studies to promote electricity transfer between regional grids, while states like California grid upgrades are investing to modernize networks as well, highlighting the national importance of grid interconnectivity.

Despite the potential challenges of increased federal regulation, proponents of the Connect the Grid Act argue that the benefits of interconnection far outweigh the drawbacks. By reducing energy costs, enhancing grid reliability, and promoting renewable energy, the legislation aims to secure a more sustainable and equitable energy future for Texas and the nation.

If passed, the Connect the Grid Act would mark a historic shift in Texas's energy policy, ending the state's long-standing isolation and positioning it as a key player in the national and potentially international energy landscape, and echoes calls for a western Canadian electricity grid to strengthen regional ties. The bill sets a completion deadline of January 1, 2035, for the construction of the new connections, with other projects, like the one by Pattern Energy, potentially connecting ERCOT to parts of the Southeastern grid even earlier, by 2029. This legislative effort represents a critical step towards ensuring that Texas can meet its energy needs reliably and sustainably, while also contributing to the broader goal of transitioning to a cleaner, more resilient power system.

 

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Site C dam could still be cancelled at '11th hour' if First Nations successful in court

Site C Dam Court Ruling could halt hydroelectric project near Fort St. John, as First Nations cite Treaty 8 rights in B.C. Supreme Court against BC Hydro, reservoir flooding, and Peace River Valley impacts.

 

Key Points

Potential B.C. Supreme Court stop to Site C, grounded in Treaty 8 rights claims by First Nations against BC Hydro.

✅ Trial expected in 2022 before planned 2023 reservoir flooding

✅ Treaty 8 rights and Peace River Valley impacts at issue

✅ Talks ongoing among B.C., BC Hydro, West Moberly, Prophet River

 

The Site C dam could still be stopped by an "eleventh hour" court ruling, according to the lawyer representing B.C. First Nations opposed to the massive hydroelectric project near Fort St. John.

The B.C. government, BC Hydro and West Moberly and Prophet River First Nations were in B.C. Supreme Court Feb. 28 to set a 120-day trial, expected to begin in March 2022.

That date means a ruling would come prior to the scheduled flooding of the dam's reservoir area in 2023 said Tim Thielmann, legal counsel for the West Moberly First Nation.

"The court has left itself the opportunity for an eleventh hour cancellation of the project," he said.

 

Construction continues

At the core of the case is First Nations arguments the multi-billion dollar BC Hydro dam will cause irreparable harm to its territory and way of life — even as drought strains hydro production elsewhere — rights protected under Treaty 8.

The West Moberly have previously warned it believes Site C constitutes a $1 billion treaty violation.

​In 2018, the First Nations lost a bid for an injunction order, meaning construction of the dam is continuing despite warnings that delays could cost $600 million to the project.

First Nations 'deeply frustrated' after B.C. Supreme Court dismisses Site C injunction

The judge in the case said the ruling was made because if the First Nations lost the challenge, the project would be needlessly put into disarray.

 

Province, Nations enter talks to avoid litigation

Also this week the B.C. government announced it has entered into talks with BC Hydro and the two First Nations in an attempt to avoid the court process altogether, amid broader energy debates such as bridging the Alberta-B.C. electricity gap for climate goals.

Thielmann said the details of the talk are confidential, but his clients are willing to pursue all avenues in order to stop the dam from moving forward.

"They are trying to save what little is left [of the Peace River Valley]", he said.

Tim Thielmann of Sage Legal is representing the West Moberly First Nation in its lawsuit aimed at stopping Site C. (Sage Legal)

In the meantime, the parties will continue to prepare for the 2022 court dates.

The latest figure on the cost of the dam is $10.7 billion, in a billions-over-budget project that the premier says will proceed. When complete, it would power the equivalent of 450,000 homes a year, though use of Site C's electricity remains a point of debate.

 

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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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