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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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US January power generation climbed to 373.2 TWh, EIA data shows, with coal edging natural gas, record wind output, record nuclear generation, rising hydro, and stable utility-scale solar amid higher Henry Hub prices.

Key Points

US January power generation hit 373.2 TWh; coal led gas, wind and nuclear set records, with solar edging higher.

✅ Coal 31.8% share; gas 29.4%; coal output 118.7 TWh, gas 109.6 TWh.

✅ Wind hit record 26.8 TWh; nuclear record 74.6 TWh.

✅ Total generation 373.2 TWh, highest January since 2014.

The US generated 373.2 TWh of power in January, up 7.9% from 345.9 TWh in December and 9.3% higher than the same month in 2017, Energy Information Administration data shows.

The monthly total was the highest amount in January since 377.3 TWh was generated in January 2014.

Coal generation totaled 118.7 TWh in January, up 11.4% from 106.58 TWh in December and up 2.8% from the year-ago month, consistent with projections of a coal-fired generation increase for the first time since 2014. It was also the highest amount generated in January since 132.4 TWh in 2015.

For the second straight month, more power was generated from coal than natural gas, as 109.6 TWh came from gas, up 3.3% from 106.14 TWh in December and up 19.9% on the year.

However, the 118.7 TWh generated from coal was down 9.6% from the five-year average for the month, due to the higher usage of gas and renewables and a rising share of non-fossil generation in the overall mix.

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Coal made up 31.8% of the total US power generation in January, up from 30.8% in December but down from 33.8% in January 2017.

Gas` generation share was at 29.4% in the latest month, with momentum from record gas-fired electricity earlier in the period, down from 30.7% in December but up from 26.8% in the year-ago month.

In January, the NYMEX Henry Hub gas futures price averaged $3.16/MMBtu, up 13.9% from $2.78/MMBtu averaged in December but down 4% from $3.29/MMBtu averaged in the year-ago month.

WIND, NUCLEAR GENERATION AT RECORD HIGHS

Wind generation was at a record-high 26.8 TWh in January, up 29.3% from 22.8 TWh in December and the highest amount on record, according to EIA data going back to January 2001. Wind generated 7.2% of the nation`s power in January, as an EIA summer outlook anticipates larger wind and solar contributions, up from 6.6% in December and 6.1% in the year-ago month.

Utility-scale solar generated 3.3 TWh in January, up 1.3% from 3.1 TWh in December and up 51.6% on the year. In January, utility-scale solar generation made up 0.9% of US power generation, during a period when solar and wind supplied 10% of US electricity in early 2018, flat from December but up from 0.6% in January 2017.

Nuclear generation was also at a record-high 74.6 TWh in January, up 1.3% month on month and the highest monthly total since the EIA started tracking it in January 2001, eclipsing the previous record of 74.3 TWh set in July 2008. Nuclear generation made up 20% of the US power in January, down from 21.3% in December and 21.4% in the year-ago month.

Hydro power totaled 25.4 TWh in January, making up 6.8% of US power generation during the month, up from 6.5% in December but down from 8.2% in January 2017.

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TCS AI Partnership Paris Marathon integrates predictive analytics, digital twin simulations, real-time runner tracking, and sustainability solutions to elevate logistics, athlete performance, and immersive spectator engagement across the Schneider Electric Marathon de Paris ecosystem.

Key Points

AI-driven TCS partnership enhancing Paris logistics, performance, engagement, and sustainability for three years.

✅ Predictive analytics and digital twins optimize race-day ops

✅ Real-time runner tracking and health insights

✅ Sustainable resource management and waste reduction

Tata Consultancy Services (TCS) has officially become the AI & Technology Partner for the Schneider Electric Marathon de Paris, marking the start of a three-year collaboration with one of the world’s most prestigious running events. This partnership, announced on April 1, 2025, aims to revolutionize the marathon experience by integrating cutting-edge technology, artificial intelligence (AI), and data analytics, and modern AI data centers to power scalable capabilities, enhancing both the runner's journey and the spectator experience.

The Schneider Electric Marathon de Paris, which attracts over 55,000 runners from across the globe, is a renowned event that not only challenges athletes but also captivates a worldwide audience. As the Official AI & Technology Partner, TCS is set to bring its deep expertise in AI, digital innovation, and data-driven insights to this iconic event, drawing on adjacent domains such as substation automation training to strengthen operations. With more than 30 years of presence in France and its significant partnerships with French corporations, TCS is uniquely positioned to merge its global technology capabilities with local knowledge, thus adding immense value to this prestigious marathon.

The collaboration will primarily focus on enhancing the race logistics, improving athlete performance, and creating a personalized experience for both runners and spectators. Using advanced AI tools, predictive analytics, and digital twin technologies, TCS will streamline various aspects of the event. For example, AI-powered predictive models, reflecting progress recognized by European electricity prediction specialists in forecasting, will be used to track and monitor runners in real-time, providing insights into their performance and well-being during the race. Additionally, the implementation of digital twin technology will enable TCS to create accurate virtual models of the event, improving logistics and supporting better decision-making.

One of the key goals of the partnership is to improve the sustainability of the marathon. By utilizing advanced AI solutions, including AI for energy savings approaches, TCS will help optimize race-day operations, ensuring efficient management of resources, reducing waste, and minimizing environmental impact. This aligns with the growing trend of incorporating sustainability into large-scale events, ensuring that such iconic marathons not only provide an exceptional experience for participants but also contribute to global environmental goals.

TCS’s PacePort™ innovation hub in Paris will play a pivotal role in the collaboration. This innovation center will serve as the testing ground for new AI-powered solutions and tools aimed at improving runner performance and creating a more engaging race experience. Early priorities for the project include the development of personalized AI-based training programs for runners, real-time tracking systems for athlete health monitoring, and advanced analytics to support better training and recovery strategies, drawing on insights from EU smart meter analytics to inform personalization.

Additionally, TCS will introduce new technologies to enhance spectator engagement. Digital experiences, such as virtual race tracking and immersive content, will bring spectators closer to the event, even if they are not physically present at the marathon. This will allow fans worldwide to engage with the race in more interactive ways, enhancing the global reach and excitement surrounding the event.

TCS’s role in the Schneider Electric Marathon de Paris is part of its broader strategy to leverage technology in the realm of sports. The company already supports several major global marathons, including those in New York, London, where projects like the London electricity tunnel showcase infrastructure innovation, and Mumbai, contributing to their operational success and social impact. In fact, marathons supported by TCS raised nearly $280 million for charitable causes in 2024 alone, demonstrating the company’s commitment to blending innovation with social responsibility.

The strategic partnership with the Paris marathon also underscores TCS’s continued commitment to its French operations, and aligns with Schneider Electric’s Notre Dame restoration initiatives that highlight local impact, reinforcing its role as a leader in AI and digital technology. Through this collaboration, TCS aims to not only support the marathon’s logistical and technological needs but also to contribute to the broader development of digital sports experiences.

This partnership promises to deliver a more dynamic, sustainable, and engaging marathon experience, benefiting runners, spectators, and the broader event ecosystem. With TCS’s cutting-edge technology and commitment to enhancing the marathon, the Schneider Electric Marathon de Paris is poised to set new standards for global sports events, blending athletic performance with digital innovation in unprecedented ways.

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Fukushima Daiichi decommissioning delay highlights TEPCO's revised timeline, spent fuel removal at Units 1 and 2, safety enclosures, decontamination, fuel debris extraction by robot arm, and contaminated water management under stricter radiation control.

Key Points

A government revised schedule pushing back spent fuel removal and decommissioning milestones at Fukushima Daiichi.

✅ TEPCO delays spent fuel removal at Units 1 and 2 for safety.

✅ Enclosures, decontamination, and robotics mitigate radioactive risk.

✅ Contaminated water cut target: 170 tons/day to 100 by 2025.

The Japanese government decided Friday to delay the removal of spent fuel from the Fukushima Daiichi nuclear power plant's Nos. 1 and 2 reactors by as much as five years, casting doubt on whether it can stick to its timeframe for dismantling the crippled complex.

The process of removing the spent fuel from the units' pools had previously been scheduled to begin in the year through March 2024.

In its latest decommissioning plan, the government said the plant's operator, Tokyo Electric Power Company Holdings Inc., will not begin the roughly two-year process (a timeline comparable to major reactor refurbishment programs seen worldwide) at the No. 1 unit at least until the year through March 2028 and may wait until the year through March 2029.

Work at the No. 2 unit is now slated to start between the year through March 2025 and the year through March 2027, it said.

The delay is necessary to take further safety precautions such as the construction of an enclosure around the No. 1 unit to prevent the spread of radioactive dust, and decontamination of the No. 2 unit, even as authorities have begun reopening previously off-limits towns nearby, the government said. It is the fourth time it has revised its schedule for removing the spent fuel rods.

"It's a very difficult process and it's hard to know what to expect. The most important thing is the safety of the workers and the surrounding area," industry minister Hiroshi Kajiyama told a press conference.

The government set a new goal of finishing the removal of the 4,741 spent fuel rods across all six of the plant's reactors by the year through March 2032, amid ongoing debates about the consequences of early nuclear plant closures elsewhere.

Plant operator TEPCO has started the process at the No. 3 unit and already finished at the No. 4 unit, which was off-line for regular maintenance at the time of the disaster. A schedule has yet to be set for the Nos. 5 and 6 reactors.

While the government maintained its overarching timeframe of finishing the decommissioning of the plant 30 to 40 years from the 2011 crisis triggered by a magnitude 9.0 earthquake and tsunami, there may be further delays, even as milestones at other nuclear projects are being reached worldwide.

The government said it will begin removing fuel debris from the three reactors that experienced core meltdowns in the year through March 2022, starting with the No. 2 unit as part of broader reactor decommissioning efforts.

The process, considered the most difficult part of the decommissioning plan, will involve using a robot arm, reflecting progress in advanced reactors technologies, to initially remove small amounts of debris, moving up to larger amounts.

The government also said it will aim to reduce the pace at which contaminated water at the plant increases. Water for cooling the melted cores, mixed with underground water, amounts to around 170 tons a day. That number will be brought down to 100 tons by 2025, it said.

The water is being treated to remove the most radioactive materials and stored in tanks on the plant's grounds, but already more than 1 million tons has been collected and space is expected to run out by the summer of 2022.

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Ontario COVID-19 Business Tax Relief outlines permanent Employer Health Tax exemptions, lower Business Education Tax rates, optional municipal property tax cuts, and hydro bill subsidies to support small businesses, industrial and commercial recovery.

Key Points

A provincial package of tax breaks and hydro subsidies to help small, industrial, and commercial businesses recover.

✅ Permanent Employer Health Tax exemption to $1M payroll

✅ Lower Business Education Tax rates for 94% of firms

✅ Hydro subsidies cut medium-large rates by 14-16%

The Ontario government's latest plan to help businesses survive and recover from the COVID-19 pandemic includes a suite of new tax breaks for small businesses and $1.3 billion to subsidize electricity bills for industrial and commercial operations.

The new measures were announced Thursday as part of Ontario's 2020 budget, which sets new provincial records for both spending and deficit projections.

The government of Premier Doug Ford says the budget will address barriers impeding long-term growth, ensuring the province forges a path to a full recovery from the pandemic.

"When the pandemic is over, Ontario will come back with a vengeance, stronger and more prosperous than ever before," Ford said at an afternoon news conference.

Small businesses with payrolls under $1 million will no longer have to pay the Employer Health Tax. The province temporarily raised the exemption from $490,000 to $1 million earlier this year, but the government is now making the change permanent.

The higher exemption means that about 90 per cent of Ontario businesses will no longer have to pay the tax, amounting to about $360 million by 2022, according to the province.

"We have heard from employers across Ontario that this measure helped them keep workers on the job during COVID-19," Finance Minister Rod Phillips told the legislature.

The 2020 budget lowers rates for the Business Education Tax (BET), a property tax earmarked for public education. More than 200,000 Ontario businesses, or 94 per cent, will see a lower rate.

"I believe this budget takes some significant initial steps to help stabilize the economy and help businesses, especially small businesses," said Toronto Mayor John Tory in a statement. Tory's office estimates that reductions to the BET will result in $117 million in lower taxes for commercial properties in Canada's largest city.

Municipal governments will also be permitted to reduce property taxes for small businesses, should they choose to do so. The province says it will "consider matching these reductions," which could amount to $385 million in tax relief by 2023.

Finance Minister Rod Phillips tabled the largest spending plan in Ontario history on Thursday afternoon. (Frank Gunn/The Canadian Press)
Municipalities currently have few options to provide targeted relief to local businesses. Guelph Mayor Cam Guthrie, chair of Ontario's Big City Mayors, said the prospect of lowering property taxes will likely be welcomed by local governments across the province.

"I really am looking forward to looking into that because it would give targeted relief to these businesses that have been asking for something from local governments for the past nine months," he said in an interview.

Tax cuts 'won't help a boarded up business,' NDP says
The 2020 budget does not contain any new direct funding for small businesses or their employees. NDP leader Andrea Horwath, who has proposed to make hydro public again, said those types of funding would help businesses more than potential tax reductions.

"A future hydro or tax cut won't help a boarded up business and it certainly won't help the folks that used to work there," Horwath said.

"Those measures are great if you're a company that's doing really well ... but let's face it, main streets across Ontario are crumbling."

Ontario did reveal on Thursday more details about a previously announced $300-million fund to support businesses in Toronto, Ottawa, Peel Region and York Region, which were placed under modified Stage 2 restrictions this fall. The money can be used to cover property taxes and energy bills for eligible businesses.

In a similar move, B.C. provided a three-month break on electricity bills for residents and businesses during the pandemic.

An undetermined amount of the $300 million will also be made available to businesses that are placed under "control" and "lockdown" rules, which are the two most severe restrictions in the province's updated reopening guidelines announced in October.

No regions are currently under these restrictions.

Elsewhere, B.C. saw commercial electricity consumption plummet during the COVID-19 pandemic.

Government to subsidize hydro bills for industrial businesses
The Ford government, which earlier oversaw a Hydro One leadership overhaul, is also taking aim at what it calls "job-killing electricity prices" in Ontario's industrial and commercial sectors.

The budget includes a $1.3 billion investment over three years to subsidize their hydro bills, a move praised by Canadian Manufacturers & Exporters as supportive of industry, which the province says have been inflated due to contracts signed by the previous Liberal government to purchase electricity generated by wind, solar and bioenergy.

"This is the legacy that is making our businesses uncompetitive," Phillips told reporters Thursday afternoon.

Ontario says its $1.3-billion investment to subsidize electricity bills will offset expensive contracts for green energy signed by the previous Liberal government. (Patrick Pleul/dpa via Associated Press)
The investment will lower rates for medium- and large-sized business by between 14 and 16 per cent, and follows an OEB decision on Hydro One rates that affects transmission and distribution costs, according to Ontario's calculations. Phillips said those rates will be among the lowest of any jurisdiction in the Great Lakes region.

The provincial government said the investment is necessary for Ontario to recover from the COVID-19 downturn. The Ford government expects that no further subsidies will be required by around 2040.

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Canada Net-Zero Electricity Buildout will double or triple power capacity, scaling clean energy, renewables, nuclear, hydro, and grid transmission, with faster permitting, Indigenous consultation, and trillions in investment to meet 2035 non-emitting regulations.

Key Points

A national plan to rapidly expand clean, non-emitting power and grid capacity to enable a net-zero economy by 2050.

✅ Double to triple generation; all sources non-emitting by 2035

✅ Accelerate permitting, transmission, and Indigenous partnerships

✅ Trillions in investment; cross-jurisdictional coordination

Canada must build more electricity generation in the next 25 years than it has over the last century in order to support a net-zero emissions economy by 2050, says a new report from the Public Policy Forum.

Reducing our reliance on fossil fuels and shifting to emissions-free electricity, as provinces such as Ontario pursue new wind and solar to ease a supply crunch, to propel our cars, heat our homes and run our factories will require doubling — possibly tripling — the amount of power we make now, the federal government estimates.

"Imagine every dam, turbine, nuclear plant and solar panel across Canada and then picture a couple more next to them," said the report, which will be published Wednesday.

It's going to cost a lot, and in Ontario, greening the grid could cost $400 billion according to one report. Most estimates are in the trillions.

It's also going to require the kind of cross-jurisdictional co-operation, with lessons from Europe's power crisis underscoring the stakes, Indigenous consultation and swift decision-making and construction that Canada just isn't very good at, the report said.

"We have a date with destiny," said Edward Greenspon, president of the Public Policy Forum. "We need to build, build, build. We're way behind where we need to be and we don't have a lot of a lot of time remaining."

Later this summer, Environment Minister Steven Guilbeault will publish new regulations to require that all power be generated from non-emitting sources by 2035 clean electricity goals, as proposed.

Greenspon said that means there are two major challenges ahead: massively expanding how much power we make and making all of it clean, even though some natural gas generation will be permitted under federal rules.

On average, it takes more than four years just to get a new electricity generating project approved by Ottawa, and more than three years for new transmission lines.

That's before a single shovel touches any dirt.

Building these facilities is another thing, and provinces such as Ontario face looming electricity shortfalls as projects drag on. The Site C dam in British Columbia won't come on line until 2025 and has been under construction since 2015. A new transmission line from northern Manitoba to the south took more than 11 years from the first proposal to operation.

"We need to move very quickly, and probably with a different approach ... no hurdles, no timeouts," Greenspon said.

There are significant unanswered questions about the new power mix, and the pace at which Canada moves away from fossil fuel power is one of the biggest political issues facing the country, with debates over whether scrapping coal-fired electricity is cost-effective still unresolved.

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