Largest automotive battery lab in the U.S. opens

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American drivers may be one step closer to getting behind the wheel of an electric car.

In an effort to expand battery research and expedite the introduction of electrically driven vehicles, General Motors announced the opening of The Global Battery Systems Lab.

The state-of-the-art facility is the size of seven basketball courts and is the largest in the United States. Capable of testing all current battery systems, the lab will speed the development of hybrid, plug-in and extended-range electric vehicles, including the Chevrolet Volt. In fact, more than half of the lab is dedicated to testing the electrochemical battery cells and their enclosures.

A team of more than 1,000 engineers will work on energy alternatives and advanced technologies that reduce dependence on petroleum, improve fuel economy and reduce emissions; putting cleaner, more efficient cars on the road more quickly and affordably.

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Gaza’s sole electricity plant shuts down after running out of fuel

Gaza Power Plant Shutdown underscores the Gaza Strip's fuel ban, Israeli blockade, and electricity crisis, cutting megawatts, disrupting hospitals and quarantine centers, and exposing fragile energy supply, GEDCO warnings, and public health risks.

 

Key Points

An abrupt halt of Gaza's sole power plant due to a fuel ban, deepening the electricity crisis and straining hospitals.

✅ Israeli fuel ban halts Gaza's only power plant

✅ Available supply drops far below 500 MW demand

✅ Hospitals and COVID-19 quarantine centers at risk

 

The only electricity plant in the Gaza Strip shut down yesterday after running out of fuel banned from entering the besieged enclave by the Israeli occupation, Gaza Electricity Distribution Company announced.

“The power plant has shut down completely,” the company said in a brief statement, as disruptions like China power cuts reveal broader grid vulnerabilities.

Israel banned fuel imports into Gaza as part of punitive measures over the launching incendiary balloons from the Strip.

On Sunday, GEDCO warned that the industrial fuel for the electricity plant would run out, mirroring Lebanon's fuel shortage challenges, on Tuesday morning.

Since 2007, the Gaza Strip suffered under a crippling Israeli blockade that has deprived its roughly two million inhabitants of many vital commodities, including food, fuel and medicine, and regional strains such as Iraq's summer electricity needs highlight broader power insecurity.

As a result, the coastal enclave has been reeling from an electricity crisis, similar to when the National Grid warned of short supply in other contexts.

The Gaza Strip needs some 500 megawatts of electricity – of which only 180 megawatts are currently available – to meet the needs of its population, while Iran supplies about 40% of Iraq's electricity in the region.

Spokesman of the Ministry of Health in Gaza, Ashraf Al Qidra, said the lack of electricity undermines offering health services across Gaza’s hospitals.

He also warned that the lack of electricity would affect the quarantine centres used for coronavirus patients, reinforcing the need to keep electricity options open during the pandemic.

Gaza currently has three sources of electricity: Israel, which provides 120 megawatts and is advancing coal use reduction measures; Egypt, which supplies 32 megawatts; and the Strip’s sole power plant, which generates between 40 and 60 megawatts.

 

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Opinion: UK Natural Gas, Rising Prices and Electricity

European Energy Market Crisis drives record natural gas and electricity prices across the EU, as LNG supply constraints, Russian pipeline dependence, marginal pricing, and renewables integration expose volatility in liberalised power markets.

 

Key Points

A 2021 surge in European gas and electricity prices from supply strains, demand rebounds, and marginal pricing exposure.

✅ Record TTF gas and day-ahead power prices across Europe

✅ LNG constraints and Russian pipeline dependence tightened supply

✅ Debate over marginal pricing vs regulated models intensifies

 

By Ronan Bolton

The year 2021 was a turbulent one for energy markets across Europe, as Europe's energy nightmare deepened across the region. Skyrocketing natural gas prices have created a sense of crisis and will lead to cost-of-living problems for many households, as wholesale costs feed through into retail prices for gas and electricity over the coming months.

This has created immediate challenges for governments, but it should also encourage us to rethink the fundamental design of our energy markets as we seek to transition to net zero, with many viewing it as a wake-up call to ditch fossil fuels across the bloc.

This energy crisis was driven by a combination of factors: the relaxation of Covid-19 lockdowns across Europe created a surge in demand, while cold weather early in the year diminished storage levels and contributed to increasing demand from Asian economies. A number of technical issues and supply-side constraints also combined to limit imports of liquefied natural gas (LNG) into the continent.

Europe’s reliance on pipeline imports from Russia has once again been called into question, as Gazprom has refused to ride to the rescue, only fulfilling its pre-existing contracts. The combination of these, and other, factors resulted in record prices – the European benchmark price (the Dutch TTF Gas Futures Contract) reached almost €180/MWh on 21 December, with average day-ahead electricity prices exceeding €300/MWh across much of the continent in the following days.

Countries which rely heavily on natural gas as a source of electricity generation have been particularly exposed, with governments quickly put under pressure to intervene in the market.

In Spain the government and large energy companies have clashed over a proposed windfall tax on power producers. In Ireland, where wind and gas meet much of the country’s surging electricity demand, the government is proposing a €100 rebate for all domestic energy consumers in early 2022; while the UK government is currently negotiating a sector-wide bailout of the energy supply sector and considering ending the gas-electricity price link to curb bills.

This follows the collapse of a number of suppliers who had based their business models on attracting customers with low prices by buying cheap on the spot market. The rising wholesale prices, combined with the retail price cap previously introduced by the Theresa May government, led to their collapse.

While individual governments have little control over prices in an increasingly globalised and interconnected natural gas market, they can exert influence over electricity prices as these markets remain largely national and strongly influenced by domestic policy and regulation. Arising from this, the intersection of gas and power markets has become a key site of contestation and comment about the role of government in mitigating the impacts on consumers of rising fuel bills, even as several EU states oppose major reforms amid the price spike.

Given that renewables are constituting an ever-greater share of production capacity, many are now questioning why gas prices play such a determining role in electricity markets.

As I outline in my forthcoming book, Making Energy Markets, a particular feature of the ‘European model’ of liberalised electricity trade since the 1990s has been a reliance on spot markets to improve the efficiency of electricity systems. The idea was that high marginal prices – often set by expensive-to-run gas peaking plants – would signal when capacity limits are reached, providing clear incentives to consumers to reduce or delay demand at these peak periods.

This, in theory, would lead to an overall more efficient system, and in the long run, if average prices exceeded the costs of entering the market, new investments would be made, thus pushing the more expensive and inefficient plants off the system.

The free-market model became established during a more stable era when domestically-sourced coal, along with gas purchased on long-term contracts from European sources (the North Sea and the Netherlands), constituted a much greater proportion of electricity generation.

While prices fluctuated, they were within a somewhat predictable range, and provided a stable benchmark for the long-term contracts underpinning investment decisions. This is no longer the case as energy markets become increasingly volatile and disrupted during the energy transition.

The idea that free price formation in a competitive market, with governments standing back, would benefit electricity consumers and lead to more efficient systems was rooted in sound economic theory, and is the basis on which other major commodity markets, such as metals and agricultural crops, have been organised for decades.

The free-market model applied to electricity had clear limitations, however, as the majority of domestic consumers have not been exposed directly to real-time price signals. While this is changing with the roll-out of smart meters in many countries, the extent to which the average consumer will be willing or able to reduce demand in a predicable way during peak periods remains uncertain.

Also, experience shows that governments often come under pressure to intervene in markets if prices rise sharply during periods of scarcity, thus undermining a basic tenet of the market model, with EU gas price cap strategies floated as one option.

Given that gas continues to play a crucial role in balancing supply and demand for electricity, the options available to governments are limited, illustrating why rolling back electricity prices is harder than it appears for policymakers. One approach would be would be to keep faith with the liberalised market model, with limited interventions to help consumers in the short term, while ultimately relying on innovations in demand side technologies and alternatives to gas as a means of balancing systems with high shares of variable renewables.

An alternative scenario may see a return to old style national pricing policies, involving a move away from marginal pricing and spot markets, even as the EU prepares to revamp its electricity market in response. In the past, in particular during the post-WWII decades, and until markets were liberalised in the 1990s, governments have taken such an approach, centrally determining prices based on the costs of delivering long term system plans. The operation of gas plants and fuel procurement would become a much more regulated activity under such a model.

Many argue that this ‘traditional model’ better suits a world in which governments have committed to long-term decarbonisation targets, and zero marginal cost sources, such as wind and solar, play a more dominant role in markets and begin to push down prices.

A crucial question for energy policy makers is how to exploit this deflationary effect of renewables and pass-on cost savings to consumers, whilst ensuring that the lights stay on.

Despite the promise of storage technologies such as grid-scale batteries and hydrogen produced from electrolysis, aside from highly polluting coal, no alternative to internationally sourced natural gas as a means of balancing electricity systems and ensuring our energy security is immediately available.

This fact, above all else, will constrain the ambitions of governments to fundamentally transform energy markets.

Ronan Bolton is Reader at the School of Social and Political Science, University of Edinburgh and Co-Director of the UK Energy Research Centre. His book Making Energy Markets: The Origins of Electricity Liberalisation in Europe is to be published by Palgrave Macmillan in 2022.

 

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Most Energy Will Come From Fossil Fuels, Even In 2040

2040 Energy Outlook projects a shifting energy mix as renewables scale, EV adoption accelerates, and IEA forecasts plateauing oil demand alongside rising natural gas, highlighting policy, efficiency, and decarbonization trends that shape global consumption.

 

Key Points

A data-driven view of future energy mix, covering renewables, fossil fuels, EVs, oil demand, and policy impacts.

✅ Renewables reach 16-30% by 2040, higher with strong policy support.

✅ Fossil fuels remain dominant, with oil flat and natural gas rising.

✅ EV share surges, cutting oil use; efficiency curbs demand growth.

 

Which is more plausible: flying taxis, wind turbine arrays stretching miles into the ocean, and a solar roof on every house--or a scorched-earth, flooded post-Apocalyptic world? 

We have no way of peeking into the future, but we can certainly imagine it. There is plenty of information about where the world is headed and regardless of how reliable this information is—or isn’t—we never stop wondering. Will the energy world of 20 years from now be better or worse than the world we live in now? 

The answer may very well lie in the observable trends.


A Growing Population

The global population is growing, and it will continue to grow in the next two decades. This will drive a steady growth in energy demand, at about 1 percent per year, according to the International Energy Agency.

This modest rate of growth is good news for all who are concerned about the future of the planet. Parts of the world are trying to reduce their energy consumption, and this should have a positive effect on the carbon footprint of humanity. The energy thirst of most parts of the world will continue growing, however, hence the overall growth.

The world’s population is currently growing at a rate of a little over 1 percent annually. This rate of growth has been slowing since its peak in the 1960s and forecasts suggest that it will continue to slow. Growth in energy demand, on the other hand, may at some point stop moving in tune with population growth trends as affluence in some parts of the world grows. The richer people get, the more energy they need. So, to the big question: where will this energy come from?


The Rise of Renewables

For all the headline space they have been claiming, it may come as a disappointing surprise to many that renewable energy, excluding hydropower, to date accounts for just 14 percent of the global primary energy mix. 

Certainly, adoption of solar and wind energy has been growing in leaps and bounds, with their global share doubling in five years in many markets, but unless governments around the world commit a lot more money and effort to renewable energy, by 2040, solar and wind’s share in the energy mix will still only rise to about 16 to 17 percent. That’s according to the only comprehensive report on the future of energy that collates data from all the leading energy authorities in the world, by non-profit Resources for the Future.

The growth in renewables adoption, however, would be a lot more impressive if governments do make serious commitments. Under that scenario, the share of renewables will double to over 30 percent by 2040, echoing milestones like over 30% of global electricity reached recently: that’s the median rate of all authoritative forecasts. Amongst them, the adoption rates of renewables vary between 15 percent and 61 percent by 2040.

Even the most bullish of the forecasts on renewables is still far below the 100-percent renewable future many would like to fantasize about, although BNEF’s 50% by 2050 outlook points to what could be possible in the power sector. 

But in 2040, most of the world’s energy will still come from fossil fuels.


EV Energy

Here, forecasters are more optimistic. Again, there is a wide variation between forecasts, but in each and every one of them the share of electric vehicles on the world’s roads in 2040 is a lot higher than the meagre 1 percent of the global car fleet EVs constitute today.
Related: Gas Prices Languish As Storage Falls To Near-Record Lows

Government policy will be the key, as U.S. progress toward 30% wind and solar shows how policy steers the power mix that EVs ultimately depend on. Bans of internal combustion engines will go a long way toward boosting EV adoption, which is why some forecasters expect electric cars to come to account for more than 50 percent of cars on the road in 2040. Others, however, are more guarded in their forecasts, seeing their share of the global fleet at between 16 percent and a little over 40 percent.

Many pin their hopes for a less emission-intensive future on electric cars. Indeed, as the number of EVs rises, they displace ICE vehicles and, respectively, the emission-causing oil that fuels for ICE cars are made from.  It should be a no brainer that the more EVs we drive, the less emissions we produce. Unfortunately, this is not necessarily the case: China is the world’s biggest EV market, and its solar PV expansion has been rapid, it has the most EVs—including passenger cars and buses—but it is also one of the biggest emitters.

Still, by 2040, if the more optimistic forecasts come true, the world will be consuming less oil than it is consuming now: anywhere from 1.2 million bpd to 20 million bpd less, the latter case envisaging an all-electric global fleet in 2040. 


This Ain’t Your Daddy’s Oil

No, it ain’t. It’s your grandchildren’s oil, for good or for bad. The vision of an oil-free world where renewable power is both abundant and cheap enough to replace all the ways in which crude oil and natural gas are used will in 2040 still be just that--a vision, with practical U.S. grid constraints underscoring the challenges. Even the most optimistic energy scenarios for two decades from now see them as the dominant source of energy, with forecasts ranging between 60 percent and 79 percent. While these extremes are both below the over-80 percent share fossil fuels have in the world’s energy mix, they are well above 50 percent, and in the U.S. renewables are projected to reach about one-fourth of electricity soon, even as fossil fuels remain foundational.

Still, there is good news. Fuel efficiency alone will reduce oil demand significantly by 2040. In fact, according to the IEA, demand will plateau at a little over 100 million bpd by the mid-2030s. Combined with the influx of EVs many expect, the world of 20 years from now may indeed be consuming a lot less oil than the world of today. It will, however, likely consume a lot more natural gas. There is simply no way around fossil fuels, not yet. Unless a miracle of politics happens (complete with a ripple effect that will cost millions of people their jobs) in 2040 we will be as dependent on oil and gas as we are but we will hopefully breathe cleaner air.

By Irina Slav for Oilprice.com

 

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Hydro One’s takeover of U.S. utility sparks customer backlash: ‘This is an incredibly bad idea’

Hydro One-Avista acquisition sparks Idaho regulatory scrutiny over foreign ownership, utility merger impacts, rate credits, and public interest, as FERC and FCC approvals advance and consumers question governance, service reliability, and long-term rate stability.

 

Key Points

A cross-border utility merger proposal with Idaho oversight, weighing foreign ownership, rates, and reliability.

✅ Idaho PUC review centers on public interest and rate impacts.

✅ FERC and FCC approvals granted; state decisions pending.

✅ Avista to retain name and Spokane HQ post-transaction.

 

“Please don’t sell us to Canada.” That refrain, or versions of it, is on full display at the Idaho Public Utilities Commission, which admittedly isn’t everyone’s go-to entertainment site. But it is vitally important for this reason: the first big test of the expansionist dreams of the politically tempest-tossed Hydro One, facing political risk as it navigates markets, rests with its successful acquisition of Avista Corp., provider of electric generation, transmission and distribution to retail customers spread from Oregon to Washington to Montana and Idaho and up into Alaska.

The proposed deal — announced last summer, but not yet consummated — marks the first time the publicly traded Hydro One has embarked upon the acquisition of a U.S. utility. And if Idahoans spread from Boise to Coeur d’Alene to Hayden are any indication, they are not at all happy with the idea of foreign ownership. Here’s Lisa McCumber, resident of Hayden: “I am stating my objection to this outrageous merger/takeover. Hydro One charges excessive fees to the people it provides for, this is a monopoly beyond even what we are used to. I, in no way, support or as a customer, agree with the merger of this multi-billion-dollar, foreign, company.”

#google#

Or here’s Debra Bentley from Coeur d’Alene: “Fewer things have more control over a nation than its power source. In an age where we are desperately trying to bring American companies back home and ‘Buy American’ is somewhat of a battle cry, how is it even possible that it would or could be allowed for this vital necessity … to be controlled by a foreign entity?”

Or here’s Spencer Hutchings from Sagle: “This is an incredibly bad idea.”

There are legion of similar emails from concerned consumers, and the Maine transmission line debate offers a parallel in public opposition.

The rationale for the deal? Last fall Hydro One CEO Mayo Schmidt testified before the Idaho commission, which regulates all gas, water and electricity providers in the state. “Hydro One is a pure-play transmission and distribution utility located solely within Ontario,” Schmidt told commissioners. “It seeks diversification both in terms of jurisdictions and service areas. The proposed Transaction with Avista achieves both goals by expanding Hydro One into the U.S. Pacific Northwest and expanding its operations to natural gas distribution and electric generation. The proposed Transaction with Avista will deliver the increased scale and benefits that come from being a larger player in the utility industry.”

Translation: now that it is a publicly traded entity, Hydro needs to demonstrate a growth curve to the investment community. The value to you and me? Arguable. This is a transaction framed as a benefit to shareholders, one that won’t cause harm to customers. Premier Kathleen Wynne is feeling the pain of selling off control of an essential asset. In his testimony to the commission, Schmidt noted that the Avista acquisition would take the province’s Hydro ownership to under 45 per cent. (The Electricity Act technically prevents the sale of shares that would take the government’s ownership position below 40 per cent, though acquisitions appear to allow further dilution. )

Stratospheric compensation, bench-marked against other chief executives who enjoy similarly outsized rewards, is part of this game. I have written about Schmidt’s unconscionable compensation before, but that was when he was making a relatively modest $4 million. Relative, that is, to his $6.2 million in 2017 compensation ($3.5 million of that is in the form of share based awards).

Should the acquisition of Avista be approved, amendments to the CIC, or change in control agreements, for certain named Avista executive officers will allow them to voluntarily terminate their employment without “good reason.” That includes Scott Morris, the company’s CEO, who will exit with severance of $6.9 million (U.S.) and additional benefits taking the total to a potential $15.7 million.

Back to the deal: cost savings over time could be achieved, Schmidt continued in his testimony, though he was unable to quantify those. The integration between the two companies, he promised, will be “seamless.” Retail customers in Idaho, Washington and Oregon would benefit from proposed “Rate Credits” equalling an estimated $15.8 million across five years, even as Hydro One seeks to redesign its bills in Ontario. Idahoans would see a one per cent rate decrease through that period.

While Avista would become a wholly owned Hydro subsidiary, it would retain its name, and its headquarters in Spokane, Wash. In the case of Idaho specifically, a proposed settlement in April, subject to final approval by the commission, stipulates agreements on everything from staffing to governance to community contributions.

Will that meet the test? It’s up to the commission to determine whether the proposed transaction will keep a lid on rates and is “consistent with the public interest.” Hydro One is hoping for a decision from regulatory agencies in all the named states by mid-August and a closing date by the end of September, though U.S. regulators can ultimately determine the fate of such deals. The Federal Energy Regulatory Commission granted its approval in January, followed last week by the Federal Communications Commission. Washington and Alaska have reached settlement agreements. These too are pending final state approvals.

The $5.3-billion deal (or $6.7 billion Canadian) is subject to ongoing hearings in Idaho, and elsewhere rate hikes face opposition as hearings begin. Members of the public are encouraged to have their say. The public comment deadline is June 27.

 

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Power firms win UK subsidies for new Channel cables project

UK Electricity Interconnectors secure capacity market subsidies, supporting winter reliability with seabed cables to France and Belgium via the Channel Tunnel, lowering consumer costs, squeezing coal, and challenging new gas plants through cross-border energy trading.

 

Key Points

High-voltage cables linking Britain to Europe, securing backup capacity, cutting costs and boosting winter reliability.

✅ Won capacity market contracts at record-low prices

✅ Cables to France and Belgium via Channel Tunnel, seabed routes

✅ Squeezes coal, challenges new gas; renewables may join market

 

New electricity cables across the Channel to France and Belgium will be a key part of keeping Britain’s lights on during winter amid record electricity prices across Europe in the early 2020s, after their owners won backup power subsidies in a government auction this week.

For the first time, interconnector operators successfully bid for a slice of hundreds of millions’ worth of contracts in the capacity market. That will help cut costs for consumers, given how electricity is priced in Europe today, and squeeze out old coal power plants.

Three new interconnectors are currently being built to Europe, almost doubling existing capacity, with one along the Channel Tunnel and two on the seabed: one between Kent and Zeebrugge and one from Hampshire to Normandy. 

The interconnectors were success stories in this week’s capacity auction, which saw power firms bid to provide backup electricity in the winter of 2021/22. Prices for the four-year contracts hit a record low of £8.40 per kilowatt per year, which analysts described as a shock and well below expectations.

One industry source said the figure was “miles away” from what is needed to encourage companies to build big new gas power stations, which some argue are necessary to fill the gap when the UK’s ageing nuclear reactors close as Europe loses nuclear power across the region over the next decade.

While bad news for those firms, the low price is good for consumers. The subsidies will add about £525m to energy bills, or £5.68 for the average household, compared with £11 for the year before, according to analysts Cornwall Insight.

Existing gas power stations scooped up most of the contracts, but new gas ones lost out, as did several coal plants. Battery storage plants, a standout success in the last auction, fared comparatively poorly after changes to the rules.

Experts at Bernstein bank said the the misses by coal meant that around half the UK’s remaining coal power capacity could close from October 2019, when existing capacity market contracts run out. Chaitanya Kumar, policy adviser at thinktank Green Alliance, said: “Coal’s exit from the UK’s energy system just moved a step closer as coal contracts fell by half compared with last year.”

Tom Edwards, an analyst at Cornwall Insight, said that more interconnectors were likely to bid into future rounds of the capacity market, such as the cable being laid between Norway and the UK. Relying on foreign power supplies was fine, he said, provided Brexit did not make energy trading more difficult and the interconnectors delivered at times of need, where events like Irish grid price spikes illustrate the stress points.

However, one industry source, who wants to see new gas plants built in the UK, said the results showed that the system was not working, amid UK peak power prices that have climbed in recent trading. “That self-sufficiency doesn’t seem to be a priority at a time when we’re breaking away from Europe is a bit weird,” they said.

But the prospects for new gas plants in future rounds of the capacity market look bleak. They will very likely face a new source of competition next year, if energy regulator Ofgem approves a proposal to allow renewables to compete too.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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