Spain's oldest nuclear plant passes crucial tests

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Spain's oldest nuclear power plant looks likely to win a 10-year extension to its operational status following positive recommendations from the country's Nuclear Safety Council (CSN).

The operating licence for the 466-megawatt (MW) Garona nuclear plant in northern Spain expires on July 5. The fate of the plant is now in the hands of Spain's current anti-nuclear government.

The safety thumbs-up from the CSN, however, is seen as a strong indicator that the government, despite pledging to phase out nuclear power in favor of renewables, will extend the life of the plant for another 10 years.

Garona is the oldest nuclear plant in Spain, beginning life in 1971, and is the only one to use a boiling water reactor. Producing about 3,800 megawatt-hours of electricity a year, the facility accounts for approximately 1.4% of Spain's power needs.

The forthcoming decision will have far-reaching implications for the rest of Spain's nuclear industry, with the nation's other seven reactors all needing to obtain new operating permits within the next two years. Nuclear power still accounts for 20% of the country's electricity generation, and a failure by the government to grant Garona's 10-year extension could sound the death knell for Spain's nuclear industry.

"The renewal of the operating permit for Garona would be a reference for the rest of our country's nuclear facilities," said Teresa Domínguez, President of Forum of the Spanish Nuclear Industry. Spain has been anti-nuclear since the mid-1980s and is now one of the strongest generators of renewable energy in Europe.

According to CSN's report, "(The Nuclear Safety Council), after six sessions of study devoted to the evaluation, analysis and final assessment of the application for renewal of authorization to operate the nuclear power plant in Santa Maria Garona agreed unanimously to report favourably on this request for a 10-year period."

CSN made numerous recommendations to the owner and operator, Nuclenor, about what the plant will need to do in order to remain in compliance. Nuclenor is a joint venture owned by Endesa SA and Iberdrola SA.

CSN has outlined that before the 2011 refuelling stop, there needs to be a new system installed for treating radioactive gases in the event of an accident. By the 2013 refuelling stop, the organization has recommended improvements to the isolation and containment procedures, testing and monitoring equipment and the increased independence of electrical systems for safety reasons.

Although Spain is a global champion for renewables, the reality is that the country is not yet ready to altogether forgo nuclear power generation.

According to Luis Atienza, chairman of Spain's national grid operator, Red Electrica de Espana, Spain still needs nuclear power in the short term because of the inconsistency of supply from renewable sources such as wind and solar. Speaking at a recent Reuters Global Energy Summit, Atienza said, "We see nuclear as a transitional energy that we cannot spare, because it will guarantee supply and, I hope, finance our objectives in terms of renewables."

Currently, numerous Spanish reactors are offline for refuelling or preventative maintenance.

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Price Spikes in Ireland Fuel Concerns Over Dispatachable Power Shortages in Europe

ISEM Price Volatility reflects Ireland-Northern Ireland grid balancing pressures, driven by dispatchable power shortages, day-ahead market dynamics, renewable shortfalls, and interconnector constraints, affecting intraday trading, operational reserves, and cross-border electricity flows.

 

Key Points

ISEM price volatility is Irish power price swings from grid balancing stress and limited dispatchable capacity.

✅ One-off spike linked to plant outage and low renewables

✅ Day-ahead market settling; intraday trading integration pending

✅ Interconnectors and reserves vital to manage adequacy

 

Irish grid-balancing prices soared to €3,774 ($4,284) per megawatt-hour last month amid growing concerns over dispatchable power capacity across Europe.

The price spike, triggered by an alert regarding generation losses, came only four months after Ireland and Northern Ireland launched an Integrated Single Electricity Market (ISEM) designed to make trading more competitive and improve power distribution across the island.

Evie Doherty, senior consultant for Ireland at Cornwall Insight, a U.K.-based energy consultancy, said significant price volatility was to be expected while ISEM is still settling down, aligning with broader 2019 grid edge trends seen across markets.

When the U.K. introduced a single market for Great Britain, called British Electricity Trading and Transmission Arrangements, in 2005, it took at least six months for volatility to subside, Doherty said.

In the case of ISEM, “it will take more time to ascertain the exact drivers behind the high prices,” she said. “We are being told that the day-ahead market is functioning as expected, but it will take time to really be able to draw conclusions on efficiency.”

Ireland and Northern Ireland have been operating with a single market “very successfully” since 2007, said Doherty. Although each jurisdiction has its own regulatory authority, they make joint decisions regarding the single market.

ISEM, launched in October 2018, was designed to help include Ireland and Northern Ireland day-ahead electricity prices in a market pricing system called the European Union Pan-European Hybrid Electricity Market Integration Algorithm.

In time, ISEM should also allow the Irish grids to participate in European intraday markets, and recent examples like Ukraine's grid connection underline the pace of integration efforts across Europe. At present, they are only able to do so with Great Britain. “The idea was to...integrate energy use and create more efficient flows between jurisdictions,” Doherty said.

EirGrid, the Irish transmission system operator, has reported that flows on its interconnector with Northern Ireland are more efficient than before, she said.

The price spike happened when the System Operator for Northern Ireland issued an alert for an unplanned plant outage at a time of low renewable output and constraints on the north-south tie-line with Ireland, according to a Cornwall Insight analysis.

 

Not an isolated event

Although it appears to have been a one-off event, there are increasing worries that a shortage of dispatchable power could lead to similar situations elsewhere across Europe, as seen in Nordic grid constraints recently.

Last month, newspaper Frankfurter Allgemeine Zeitung (FAZ) reported that German industrial concerns had been forced to curtail more than a gigawatt of power consumption to maintain operational reserves on the grid in December, after renewable production fell short of expectations and harsh weather impacts strained systems elsewhere.

Paul-Frederik Bach, a Danish energy consultant, has collected data showing that this was not an isolated incident. The FAZ report said German aluminum smelters had been forced to cut back on energy use 78 times in 2018, he noted.

Energy availability was also a concern last year in Belgium, where six out of seven nuclear reactors had been closed for maintenance. The closures forced Belgium to import 23 percent of its electricity from neighboring countries, Bach reported.

In a separate note, Bach revealed that 11 European countries that were net importers of energy had boosted their imports by 26 percent between 2017 and 2018. It is important to note that electricity imports do not necessarily imply a shortage of power, he stated.

However, it is also true that many European grid operators are girding themselves for a future in which dispatchable power is scarcer than today.

EirGrid, for example, expects dispatchable generation and interconnection capacity to drop from 10.6 gigawatts in 2018 to 9 gigawatts in 2027.

The Swedish transmission system operator Svenska Kraftnät, meanwhile, is forecasting winter peak power deficits could rise from 400 megawatts currently to 2.5 gigawatts in 2020-21.

Research conducted by the European Network of Transmission System Operators for Electricity, suggests power adequacy will fall across most of Europe up to 2025, although perhaps not to a critical degree.

The continent’s ability to deal with the problem will be helped by having more efficient trading systems, Bach told GTM. That means developments such as ISEM could be a step in the right direction, despite initial price volatility.

In the long run, however, Europe will need to make sure market improvements are accompanied by investments in HVDC technology and interconnectors and reserve capacity. “Somewhere there must be a production of electricity, even when there is no wind,” said Bach. 

 

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U.S Bans Russian Uranium to Bolster Domestic Industry

U.S. Russian Uranium Import Ban reshapes nuclear fuel supply, bolstering energy security, domestic enrichment, and sanctions policy while diversifying reactor-grade uranium sources and supply chains through allies, waivers, and funding to sustain utilities and reliability.

 

Key Points

A U.S. law halting Russian uranium imports to boost energy security diversify nuclear fuel and revive U.S. enrichment.

✅ Cuts Russian revenue; reduces geopolitical risk.

✅ Funds U.S. enrichment; supports reactor fuel supply.

✅ Enables waivers to prevent utility shutdowns.

 

In a move aimed at reducing reliance on Russia and fostering domestic energy security for the long term, the United States has banned imports of Russian uranium, a critical component of nuclear fuel. This decision, signed into law by President Biden in May 2024, marks a significant shift in the U.S. nuclear fuel supply chain and has far-reaching economic and geopolitical implications.

For decades, Russia has been a major supplier of enriched uranium, a processed form of uranium used to power nuclear reactors. The U.S. relies on Russia for roughly a quarter of its enriched uranium needs, feeding the nation's network of 94 nuclear reactors operated by utilities which generate nearly 20% of the country's electricity. This dependence has come under scrutiny in recent years, particularly following Russia's invasion of Ukraine.

The ban on Russian uranium is a multifaceted response. First and foremost, it aims to cripple a key revenue stream for the Russian government. Uranium exports are a significant source of income for Russia, and by severing this economic tie, the U.S. hopes to weaken Russia's financial capacity to wage war.

Second, the ban serves as a national energy security measure. Relying on a potentially hostile nation for such a critical resource creates vulnerabilities. The possibility of Russia disrupting uranium supplies, either through political pressure or in the event of a wider conflict, is a major concern. Diversifying the U.S. nuclear fuel supply chain mitigates this risk.

Third, the ban is intended to revitalize the domestic uranium mining and enrichment industry, building on earlier initiatives such as Trump's uranium order announced previously. The U.S. has historically been a major uranium producer, but environmental concerns and competition from cheaper foreign sources led to a decline in domestic production. The ban, coupled with $2.7 billion in federal funding allocated to expand domestic uranium enrichment capacity, aims to reverse this trend.

The transition away from Russian uranium won't be immediate. The law includes a grace period until mid-August 2024, and waivers can be granted to utilities facing potential shutdowns if alternative suppliers aren't readily available. Finding new sources of enriched uranium will require forging partnerships with other uranium-producing nations like Kazakhstan, Canada on minerals cooperation, and Australia.

The long-term success of this strategy hinges on several factors. First, successfully ramping up domestic uranium production will require overcoming regulatory hurdles and addressing environmental concerns, alongside nuclear innovation to modernize the fuel cycle. Second, securing reliable alternative suppliers at competitive prices is crucial, and supportive policy frameworks such as the Nuclear Innovation Act now in law can help. Finally, ensuring the continued safe and efficient operation of existing nuclear reactors is paramount.

The ban on Russian uranium is a bold move with significant economic and geopolitical implications. While challenges lie ahead, the potential benefits of a more secure and domestically sourced nuclear fuel supply chain are undeniable. The success of this initiative will be closely watched not only by the U.S. but also by other nations seeking to lessen their dependence on Russia for critical resources.

 

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New Mexico Could Reap $30 Billion Driving on Electricity

New Mexico EV Benefits highlight cheaper fuel, lower maintenance, cleaner air, and smarter charging, cutting utility bills, reducing NOx and carbon emissions, and leveraging incentives and renewable energy to accelerate EV adoption statewide.

 

Key Points

New Mexico EV Benefits are the cost, grid, and emissions gains from EV adoption and optimized off-peak charging.

✅ Electricity near $1.11 per gallon equivalent cuts fueling costs

✅ Fewer moving parts mean less maintenance and lifecycle costs

✅ Off-peak charging reduces utility bills and grid emissions

 

What would happen if New Mexicans ditched gasoline and started to drive on cleaner, cheaper electricity? A new report from MJ Bradley & Associates, commissioned by NRDC and Southwest Energy Efficiency Project, answers that question, demonstrating that New Mexico could realize $30 billion in avoided expenditures on gasoline and maintenance, reduced utility bills, and environmental benefits by 2050. The state is currently considering legislation to jump-start that transition by providing consumers incentives to support electric vehicle (EV) purchases and the installation of charging stations, drawing on examples like Nevada's clean-vehicle push to accelerate deployment, a policy that would require a few million dollars in lost tax revenue. The report shows an investment of this kind could yield tens of billions of dollars in net benefits.


$20 Billion in Driver Savings

EVs save families money because driving on electricity in New Mexico is the cost-equivalent of driving on $1.11 per gallon gasoline. Furthermore, EVs have fewer moving parts and less required maintenance—no oil changes, no transmissions, no mufflers, no timing belts, etc. That means that tackling the nation’s largest source of carbon pollution, transportation, could save New Mexicans over $20 billion by 2050 because EVs are cheaper to charge and maintain than gas powered cars, and an EV boom benefits all customers through lower rates.

Those are savings New Mexico can bank on because the price of electricity is significantly cheaper than the price of gasoline and also inherently more stable. Electricity is made from a diverse supply of domestic and increasingly clean resources, and 2021 electricity lessons continue to inform grid planning today. Unlike the volatile world oil market, New Mexico’s electric sector is regulated by the state’s utility commission. Adjusted for inflation, the price of electricity has been steady around the dollar-a-gallon equivalent mark in New Mexico for the last 20 years, while gas prices jump up or down radically and unpredictably.

$4.8 Billion in Reduced Electric Bills

While some warn that electric cars will challenge state power grids, New Mexico can charge millions of EVs without the need to make significant investments in the electric grid. This is because EVs can be charged when the grid is underutilized and renewable energy is abundant, like when people are sleeping overnight when wind energy generation often peaks. And the billions of dollars in new utility revenue from EV charging in excess of associated costs will be automatically returned to utility customers per an accounting mechanism that is already in state law that requires downward adjustment of rates when sales increase. Accordingly, widespread EV adoption could reduce every utility customer’s electric bill.

Thankfully, New Mexico’s electric industry is already acting to ensure utility customers in the state realize those benefits sooner rather than later. The state’s rural electric cooperatives have proposed an ambitious plan to leverage funds available as a result of the Volkswagen diesel scandal to build a state-wide public fast charging network that mirrors progress as Arizona goes EV across the Southwest. Additionally, New Mexico’s investor-owned utilities will soon propose transportation electrification investments as required by legislation NRDC supported last year that Governor Lujan Grisham signed into law.

$4.8 Billion in Societal Benefits from Reduced Pollution

The report estimates that widespread EV adoption would dramatically reduce emissions of greenhouse gases from passenger vehicles in New Mexico, and also cut emissions of NOx, a local pollutant that threatens the health off all New Mexicans, especially children and people with respiratory conditions. The report finds growing the state’s EV market to meet New Mexico’s long-term environmental goals would yield $4.8 billion in societal benefits.

The Bottom Line: New Mexico Should Act Now to Accelerate its EV Market

Adding it all up, that’s more than $30 billion in potential benefits to New Mexico by 2050. Here’s the catch: as of June 2019, there were only 2,500 EVs registered in New Mexico, which means the state needs to accelerate the EV market, as the American EV boom ramps up nationally, to capture those billions of dollars in potential benefits. Thankfully, with second generation, longer range, affordable EVs now available, the market is well positioned to expand rapidly as the state moves to adopt Clean Car Standards that will ensure EVs are available for purchase in the state.

Getting it right

New Mexico has enormous amounts to gain from a small investment in incentives that support EV adoption now. For that investment to pay off, it needs to send a clear and unambiguous signal. Unfortunately, the same legislation that would establish tax credits to increase consumer access to electric vehicles in New Mexico was recently amended so it would not be helpful for 80 percent of consumers who lease, instead of buying EVs. And it would penalize EV drivers at the same time—with a $100 annual increase in registration fees, even as Texas adds a $200 EV fee under a similar rationale, to make up for lost gas tax revenue. That’s significantly more than what drivers of new gasoline vehicles pay annually in gas taxes in the state. Consumer Reports recently analyzed the growing trend to unfairly penalize electric cars via disproportionately high registration fees. In doing so, it estimated that the “maximum justifiable fee” to replace gas tax revenue in New Mexico would be $53. Anything higher will only slow or stop benefits New Mexico can attain from moving to cleaner cars.

To be clear, everyone should pay their fair share to maintain the transportation system, but EVs are not the problem when it comes to lost gas tax revenue. We need a comprehensive solution that addresses the real sources of transportation revenue loss while not undermining efforts to reduce dependence on gasoline. Thankfully, that can be done. For more, see A Simple Way to Fix the Gas Tax Forever.

 

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New York Faces Soaring Energy Bills

New York faces soaring energy bills as utilities seek record rate hikes, aging grid infrastructure demands upgrades, and federal renewable policies shift. Consumers struggle with affordability, late payments, and rising costs of delivery and energy supply across the state.

 

Why is New York Facing Soaring Energy Bills?

New York faces soaring energy bills because utilities are raising rates to cover the costs of grid upgrades, inflation, and policy-driven changes in energy supply.

✅ Utilities seek double-digit rate hikes across the state

✅ Aging infrastructure and storm repairs increase delivery costs

✅ Federal policies and gas dependence push energy prices higher

New Yorkers are bracing for another wave of energy bill increases as utilities seek record-high rate hikes and policy changes ripple through the state’s power system. Electric bills in New York are the highest they’ve been in over a decade, and more than a million households are now at least two months behind on payments, a sign of pandemic energy insecurity that continues to strain budgets, owing utilities nearly $2 billion.

Record numbers of households have had their electricity or gas shut off this year — more than 61,000 in May alone — despite pandemic shut-off suspensions that had offered temporary relief, the highest the Public Utility Law Project (PULP) has ever recorded. “This August was the group’s busiest month ever,” said Laurie Wheelock, PULP’s executive director, citing a surge in calls to its hotline. “The top concern on people’s minds: rate hikes.”

Utilities across the state are pushing for significant price increases, citing aging infrastructure, the need for climate adaptation, and higher operating costs, as California regulators face calls for action amid rising bills. “We used to see single-digit rate hikes and now we see double-digit rate hikes,” said Jessica Azulay, executive director of the Alliance for a Green Economy. “That’s a new normal that is unacceptable.”

Several utilities have requested delivery rate increases of 25 percent or more, with some proposals as high as 39 percent. Upstate utilities NYSEG and RG&E are seeking to raise electric and gas bills by about $33 a month, although regulators are unlikely to approve the full amount.

The companies argue the hikes are needed “to pay for rebuilding an aging grid and expanding its capacity to meet residents’ and businesses’ service demands,” including storm repairs. They also claim the plan would create more than 1,000 jobs.

James Denn, a spokesperson for the Public Service Commission (PSC), said much of the cost pressure stems from “inflation, higher interest rates, supply chain disruptions, the global push to upgrade electrical infrastructure, and, most recently, the rising risk and uncertainty from tariffs,” trends reflected in U.S. electricity price data over the past two years.

While some have blamed New York’s clean-energy transition, a PSC report found that state climate policies account for only 5 to 9.5 percent of the average household’s electric bill, or approximately $10 to $12 per month. The bulk of the increases still come from traditional spending on infrastructure, storm resilience, and system expansion.

On the supply side, costs are rising too. President Donald Trump’s recent policies have threatened renewable-energy investment nationwide, even as states’ renewable ambitions carry significant costs, potentially adding to New York’s woes. His July “megabill” phases out a 30 percent federal tax credit for solar and wind unless projects begin construction by mid-2026. Industry experts warn that the changes could make renewables “more expensive to build” and “increase reliance on gas.”

“It just means more expensive power,” said Marguerite Wells of the Alliance for Clean Energy New York.

The state estimates Trump’s policy shifts could cost New York $60 billion in lost renewable investment. With fewer clean-energy projects moving forward, gas — which already supplies roughly half of the state’s electricity — will remain the dominant source, tying energy prices to volatile global markets and the kinds of price drivers seen in California in recent years.

Governor Kathy Hochul has called affordability “our greatest short-term challenge,” while consumer advocates are demanding reforms to reduce utility profits and overhaul “rate design,” and to strengthen protections such as the emergency disconnection moratorium that applies during declared emergencies.

“There is definitely a groundswell of concern,” Wheelock said. “We go to meetings and we’re getting questions about rate design, like, ‘What is the revenue decoupling mechanism?’ Never had that question before.”

 

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Ukraine resumes electricity exports despite Russian attacks

Ukraine Electricity Exports resume to the European grid, starting with Moldova and expanding to Poland, Slovakia, and Romania, signaling energy security, grid resilience, added megawatts, and recovery after Russian strikes with support and renewables.

 

Key Points

Ukraine Electricity Exports are resumed sales of surplus power to EU neighbors, reflecting grid recovery and resilience.

✅ Initial deliveries to Moldova; Poland, Slovakia, Romania to follow.

✅ Extra capacity from repairs, warmer demand, and renewables.

✅ Exports may vary amid ongoing Russian strikes risk.

 

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine’s energy system. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and has also moved to reactivate the Zaporizhzhia plant through new power lines, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.

Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, and USAID mobile gas turbine plant support, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, even as Germany’s coal generation shapes regional power flows.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment, with any potential agreement on power plant attacks still uncertain.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may affect recovery. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.
 

 

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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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