Edison to decommission coal-fired Nevada power plant

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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Kenya Nuclear Power Plant Project advances with environmental impact assessment, selecting Tana River County under a build-operate-transfer model to boost grid capacity, support manufacturing growth, and assess reactor technology for reliable baseload energy.

Key Points

A $5B BOT nuclear facility in Tana River to expand Kenya's grid, aiming to start operations in about seven years.

✅ Environmental impact study published for public review by NEMA

✅ Preferred site: Tana River County near coast; grid integration

✅ BOT concession; reactor tech under evaluation for baseload

Kenya’s nuclear agency submitted impact studies for a $5 billion power plant, and said it’s on course to build and start operating the facility in about seven years, as markets like China's nuclear program continue steady expansion.

The government plans to expand its nuclear-power capacity fourfold by 2035, mirroring policy steps in India to revive the sector, the Nuclear Power and Energy Agency said in a report on the National Environment Management Authority’s website. The document is set for public scrutiny before the environmental watchdog can approve it, aligning with global green industrial strategies that weigh nuclear in decarbonization, and pave the way for the project to continue.

President Uhuru Kenyatta wants to ramp up installed generation capacity from 2,712 megawatts as of April to boost manufacturing in East Africa’s largest economy, noting milestones such as Barakah Unit 1 reaching 100% power as indicators of nuclear readiness. Kenya expects peak demand to top 22,000 megawatts by 2031, and other jurisdictions, such as Ontario's exploration of new nuclear, are weighing similar large-scale options, partly due to industrial expansion, a component in Kenyatta’s Big Four Agenda. The other three are improving farming, health care and housing.

The nuclear agency is assessing technologies “to identify the ideal reactor for the country,” it said in the report, including next-gen nuclear designs now being evaluated.

A site in Tana River County, near the Kenyan coast was preferred after studies across three regions, according to the report. The plant will be developed with a concessionaire under a build, operate and transfer model, with innovators such as mini-reactor concepts informing vendor options.

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Washington-Led Lawsuit Against Energy Emergency challenges President Trump's executive order, citing state rights, environmental reviews, permitting, and federal overreach; coalition argues record energy output undermines emergency claims in Seattle federal court.

Key Points

Multistate suit to void Trump's energy emergency, alleging federal overreach and weakened environmental safeguards.

✅ Challenges executive order's legal basis and scope

✅ Claims expedited permitting skirts environmental reviews

✅ Seeks to halt emergency permits for non-emergencies

In a significant legal move, Washington State Attorney General Nick Brown has spearheaded a coalition of 15 states in filing a lawsuit against President Donald Trump's executive order declaring a national energy emergency. The lawsuit, filed in federal court in Seattle on May 9, 2025, challenges the legality of the emergency declaration, which aims to expedite permitting processes for fossil fuel projects in pursuit of an energy dominance vision by bypassing key environmental reviews.

Background of the Energy Emergency Declaration

President Trump's executive order, issued on January 20, 2025, asserts that the United States faces an inadequate and unreliable energy grid, particularly affecting the Northeast and West Coast regions. The order directs federal agencies, including the Army Corps of Engineers and the Department of the Interior, to utilize "any lawful emergency authorities" to facilitate the development of domestic energy resources, with a focus on oil, gas, and coal projects. This includes expediting reviews under the Clean Water Act, Endangered Species Act, the National Environmental Policy Act, and the National Historic Preservation Act, potentially reducing public input and environmental oversight.

Legal Grounds for the Lawsuit

The coalition of states, led by Washington and California, argues that the emergency declaration is an overreach of presidential authority, echoing disputes over the Affordable Clean Energy rule in federal courts. They contend that U.S. energy production is already at record levels, and the declaration undermines state rights and environmental protections. The lawsuit seeks to have the executive order declared unlawful and to halt the issuance of emergency permits for non-emergency projects. 

Implications for Environmental Protections

Critics of the energy emergency declaration express concern that it could lead to significant environmental degradation. By expediting permitting processes, including geothermal permitting, and reducing public participation, the order may allow projects to proceed without adequate consideration of their impact on water quality, wildlife habitats, and cultural resources. Environmental advocates argue that such actions could set a dangerous precedent, enabling future administrations to bypass essential environmental safeguards under the guise of national emergencies, even as the EPA advances new pollution limits for coal and gas plants to address the climate crisis.

Political and Legal Reactions

The Trump administration defends the executive order, asserting that the president has the authority to declare national emergencies and that the energy emergency is necessary to address perceived deficiencies in the nation's energy infrastructure and potential electricity pricing changes debated by industry groups. However, legal experts suggest that the broad application of emergency powers in this context may face challenges in court. The outcome of the lawsuit could have significant implications for the balance of power between state and federal authorities, as well as the future of environmental regulations in the United States.

The legal challenge led by Washington State Attorney General Nick Brown represents a critical juncture in the ongoing debate over energy policy and environmental protection. As the lawsuit progresses through the courts, it will likely serve as a bellwether for future conflicts between state and federal governments regarding the scope of executive authority and the preservation of environmental standards, amid ongoing efforts to expand uranium and nuclear energy programs nationwide. The outcome may set a precedent for how national emergencies are declared and managed, particularly concerning their impact on state governance and environmental laws.

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California Rooftop Solar Cost Shift examines PG&E rate hikes, net metering changes, and utility infrastructure spending impacts on low-income households, distributed generation, and clean energy adoption, potentially raising bills and undermining grid resilience.

Key Points

A claim that rooftop solar shifts fixed grid costs to others; critics cite PG&E rates, avoided costs, and impacts.

✅ PG&E rates outpace national average, underscoring cost drivers.

✅ Net metering cuts risk burdening low- and middle-income homes.

✅ Distributed generation avoids infrastructure spend and grid strain.

California is grappling with soaring electricity prices across the state, with Pacific Gas & Electric (PG&E) rates more than double the national average and increasing at an average of 12.5% annually over the past six years. In response, Governor Gavin Newsom issued an executive order directing state energy agencies to identify ways to reduce power costs. However, recent policy shifts targeting rooftop solar users may exacerbate the problem rather than alleviate it.

The "Cost Shift" Theory

A central justification for these pricing changes is the "cost shift" theory. This theory posits that homeowners with rooftop solar panels reduce their electricity consumption from the grid, thereby shifting the fixed costs of maintaining and operating the electrical grid onto non-solar customers. Proponents argue that this leads to higher rates for those without solar installations.

However, this theory is based on a flawed assumption: that PG&E owns 100% of the electricity generated by its customers and is entitled to full profits even for energy it does not deliver. In reality, rooftop solar users supply only about half of their energy needs and still pay for the rest. Moreover, their investments in solar infrastructure reduce grid strain and save ratepayers billions by avoiding costly infrastructure projects and reducing energy demand growth, aligning with efforts to revamp electricity rates to clean the grid as well.

Impact on Low- and Middle-Income Households

The majority of rooftop solar users are low- and middle-income households. These individuals often invest in solar panels to lower their energy bills and reduce their carbon footprint. Policy changes that undermine the financial viability of rooftop solar disproportionately affect these communities, and efforts to overturn income-based charges add uncertainty about affordability and access.

For instance, Assembly Bill 942 proposes to retroactively alter contracts for millions of solar consumers, cutting the compensation they receive from providing energy to the grid, raising questions about major changes to your electric bill that could follow if their home is sold or transferred. This would force those with solar leases—predominantly lower-income individuals—to buy out their contracts when selling their homes, potentially incurring significant financial burdens.

The Real Drivers of Rising Energy Costs

While rooftop solar users are being blamed for rising electricity rates, calls for action have mounted as the true culprits lie elsewhere. Unchecked utility infrastructure spending has been a significant factor in escalating costs. For example, PG&E's rates have increased rapidly, yet the utility's spending on infrastructure projects has often been criticized for inefficiency and lack of accountability. Instead of targeting solar users, policymakers should scrutinize utility profit motives and infrastructure investments to identify areas where costs can be reduced without sacrificing service quality.

California's approach to addressing rising electricity costs by targeting rooftop solar users is misguided. The "cost shift" theory is based on flawed assumptions and overlooks the substantial benefits that rooftop solar provides to the grid and ratepayers. To achieve a sustainable and equitable energy future, the state must focus on controlling utility spending, promoting clean energy access for all, especially as it exports its energy policies across the West, and ensuring that policies support—not undermine—the adoption of renewable energy technologies.

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Sudbury Electrification and Grid Expansion is driving record power demand, EV charging, renewable energy planning, IESO forecasts, smart grid upgrades, battery storage, and industrial electrification, requiring cleaner power plants and transmission capacity in northern Ontario.

Key Points

Rising electricity demand and clean energy upgrades in Sudbury to power EVs, industry, and a smarter, expanded grid.

✅ IESO projects system size may need to more than double

✅ EVs and smart devices increase peak and off-peak load

✅ Battery storage and V2G can support reliability and resiliency

Sudbury, Ont., is consuming more power than ever, amid an electricity supply crunch in Ontario, according to green energy organizations that say meeting the demand will require cleaner energy sources.

"This is the welfare of the entire city on the line and they are putting their trust in electrification," said David St. Georges, manager of communications at reThink Green, a non-profit organization focused on sustainability in Sudbury.

According to St. Georges, Sudbury and northern Ontario can meet the growing demand for electricity to charge clean power for EVs and smart devices. 

According to the Independent Electricity System Operator (IESO), making a full switch from fossil fuels to other renewable energy sources could require more power plants, while other provinces face electricity shortages of their own.

"We have forecasted that Ontario's electricity system will need significant expansion to meet this, potentially more than doubling in size," the IESO told CBC News in an emailed statement.

Electrification in the industrial sector is adding greater demand to the electrical grid as electric cars challenge power grids in many regions. Algoma Steel in Sault Ste. Marie and ArcelorMittal Dofasco in Hamilton both aim to get electric arc furnaces in operation. Together, those projects will require 630 megawatts.

"That's like adding four cities the size of Sudbury to the grid," IESO said.

Devin Arthur, chapter president of the Electric Vehicle society in Greater Sudbury, said the city is coming full circle with fully electrifying its power grid, reflecting how EVs are a hot topic in Alberta and beyond.

"We're going to need more power," he said.

"Once natural gas was introduced, that kind of switched back, and everyone was getting out of electrification and going into natural gas and other sources of power."

Despite Sudbury's increased appetite for electricity, Arthur added it's also easier to store now as Ontario moves to rely on battery storage solutions.

"What that means is you can actually use your electric vehicle as a battery storage device for the grid, so you can actually sell power from your vehicle that you've stored back to the grid, if they need that power," he said.

Harneet Panesar, chief operating officer for the Ontario Energy Board, told CBC the biggest challenge to going green is seeing if it can work around older infrastructure, while policy debates such as Canada's 2035 EV sales mandate shape the pace of change.

"You want to make sure that you're building in the right spot," he said.

"Consumers are shifting from combustion engines to EV drivetrains. You're also creating more dependency. At a very high level, I'm going to say it's probably going to go up in terms of the demand for electricity."

Fossil fuels are the first to go for generating electricity, said St. Georges.

"But we're not there yet, because it's not a light switch solution. It takes time to get to that, which is another issue of electrification," he said.

"It's almost impossible for us not to go that direction."

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Manitoba Hydro capacity constraints challenge clean energy growth as industrial demand, hydrogen projects, EV batteries, and electrification strain the grid; limited surplus, renewables, storage, and transmission bottlenecks hinder new high-load connections.

Key Points

Limited surplus power blocks new energy-intensive loads until added generation and transmission expand Manitoba's grid.

✅ No firm commitments for new energy-intensive industrial customers

✅ Single large load could consume remaining surplus capacity

✅ New renewables need transmission; gas, nuclear face trade-offs

Manitoba Hydro lacks the capacity to provide electricity to any new "energy intensive" industrial customers, the Crown corporation warns in a confidential briefing note that undercuts the idea this province can lure large businesses with an ample supply of clean, green energy, as the need for new power generation looms for the utility.

On July 28, provincial economic development officials unveiled an "energy roadmap" that said Manitoba Hydro must double or triple its generating capacity, as electrical demand could double over the next two decades in order to meet industrial and consumer demand for electricity produced without burning fossil fuels.

Those officials said 18 potential new customers with high energy needs were looking at setting up operations in Manitoba — and warned the province must be careful to choose businesses that provide the greatest economic benefit as well as the lowest environmental impact.

In a briefing note dated Sept. 13, obtained by CBC News, Manitoba Hydro warns it doesn't have enough excess power to hook up any of these new heavy electricity-using customers to the provincial power grid.

There are actually 57 proposals to use large volumes of electricity, Hydro says in the note, including eight projects already in the detailed study phase and nine where the proponents are working on construction agreements.

"Manitoba Hydro is unable to offer firm commitments to prospective customers that may align with Manitoba's energy roadmap and/or provincial economic development objectives," Hydro warns in the note, explaining it is legally obliged to serve all existing customers who need more electricity.

"As such, Manitoba Hydro cannot reserve electric supply for particular projects."

Hydro says in the note its "near-term surplus electricity supply" is so limited amid a Western Canada drought that "a single energy-intensive connection may consume all remaining electrical capacity."

Adding more electrical generating capacity won't be easy, even with new turbine investments underway, and will not happen in time to meet demands from customers looking to set up shop in the province, Hydro warns.

The Crown corporation goes on to say it's grappling with numerous requests from existing and prospective energy-intensive customers, mainly for producing hydrogen, manufacturing electric vehicle batteries and switching from fossil fuels to electricity, such as to use electricity for heat in buildings.

In a statement, Hydro said it wants to ensure Manitobans know the corporation is not running out of power — just the ability to meet the needs of large new customers, and continues to provide clean energy to neighboring provinces today.

"The size of loads looking to come to Manitoba are significantly larger than we typically see, and until additional supply is available, that limits our ability to connect them," Hydro spokesperson Bruce Owen said in a statement.

Adding wind power or battery storage, for example, would require the construction of more transmission lines, and deals such as SaskPower's purchase depend on that interprovincial infrastructure as well.

Natural gas plants are relatively inexpensive to build but do not align with efforts to reduce carbon emissions. Nuclear power plants require at least a decade of lead time to build, and tend to generate local opposition.

Hydro has also ruled out building another hydroelectric dam on the Nelson River, where the Conawapa project was put on hold in 2014.

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