Mysterious parking ticket gives electrician a jolt

AEMC Storage Charging Rules spark industry backlash as Tesla, Snowy Hydro, and investors warn transmission charges on batteries and pumped hydro could deter grid-scale storage, distort the National Electricity Market, and slow decarbonisation.

Key Points

AEMC Storage Charging Rules are proposals to bill grid storage for network use, shaping costs and investment.

✅ Charges apply when batteries draw power; double-charging concerns.

✅ Tesla and Snowy Hydro warn of reduced viability and delays.

✅ AEMO recommends exemptions; investors seek certainty.

Tesla, Snowy Hydro and other big suppliers of storage capacity on Australia’s main electricity grid warn proposed rule changes amount to a tax on their operations that will deter investors and slow the decarbonisation of the industry.

The Australian Energy Market Commission (AEMC) will release its final decision this Thursday on new rules for integrating batteries, pumped hydro and other forms of storage.

The AEMC’s draft decision, released in July, angered many firms because it proposed charging storage providers for drawing power, ignoring a recommendation by the Australian Electricity Market Operator (AEMO) that they be exempt.

Battery maker Tesla, which has supplied some of the largest storage to the National Electricity Market, said in a submission that the charges would “kill the commercial viability of all grid storage projects, causing inefficient investment in alternative network”, with consumers paying higher costs.

Snowy Hydro, which is building the giant Snowy 2 pumped storage project and already operates a smaller one, said in its submission the proposed changes if implemented would jeopardise investment.

“This is a major policy change, amounting to a tax on infrastructure critical to achieving a renewable future,” Snowy Hydro said.

AEMO itself argued it was important storage providers were not “disincentivised from connecting to the transmission network, as they generally provide a net benefit to the power system by charging at periods of low demand”.

Australia’s electricity grid faces economic and engineering challenges, similar to Ontario's storage push as it adjusts to the arrival of lower cost and also lower carbon alternatives to fossil fuels.

While rule changes are necessary to account for operators that can both draw from and supply power, how they are implemented can have long-lasting effects on the technologies that get encouraged or repelled, including control of EV charging issues, independent experts say.

“It doesn’t have to be this way,” said Bruce Mountain, director of the Victoria Energy Policy Centre. “In Britain, where the UK grid transformation is underway, the regulator dealing with the same issues has said that storage devices don’t pay the system charges when they withdraw electricity from the grid,” he said.

The prospect that storage operators will have to pay transmission charges could “drastically” affect their profitability since their business models rely on the difference between the price their pay for power and how much they can sell it for. Gas generators and network monopolies would benefit from the change, Mountain said.

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An AEMC spokesperson said the commission had consulted widely, including from those who objected to the payment for transmission access.

“The market is moving towards a future that will be increasingly reliant on energy storage to firm up the growing volume of renewable energy and deliver on the increasing need for critical system security services, with examples such as EVs supporting grid stability in California as the ageing fleet of thermal generators retire,” the spokesperson said, declining to elaborate on the final ruling before it is published.

“The regulatory framework needs to facilitate this transition as the energy sector continues to decarbonise,” the official said.

AusNet, which operates the Victorian energy transmission grid, said that while “technological neutrality is paramount for battery and hybrid unit connections to both the distribution and transmission networks,” it did not back charging storage access to networks in all cases.

“[Ausnet] supports a clear exemptions framework for energy storage providers,” a spokesperson said. “We recommend that batteries and other hybrid facilities should have transmission use of system charges waived if they provide a net benefit to network customers.”

We are not aware of anyone that supports the charging storage access to networks in all circumstances.

“Batteries and hybrid facilities that consume energy from the network should be provided no preferential treatment relative to other customers and generators.”

Jonathan Upson, a principal at Strategic Renewable Consulting, though, said the AEMC wants electricity flowing through batteries to be taxed twice to pay network charges – once when the electricity charges the battery and then again when the same electricity is sent out by the battery an hour or two later but this time with customers paying.

“The AEMC’s draft decision has the identical rationale for eliminating franking credits on all dividends, resulting in double taxing of company profits,” he said.

Christiaan Zuur, director of energy transformation at the Clean Energy Council, said that while much of AEMC’s draft proposal was constructive, “those benefits are either nullified or maybe even outweighed” by uncertainty over charges.

“Risk perception” will be important since potential newcomers won’t be sure of what charges they will pay to connect to the grid and existing operators could have their connection agreements reopened, Zuur said.

“Investors focus on the potential risk. It does factor through to the integral costs for projects,” he said.

The outcome of new charges may prompt more people to put batteries on their premises and draw power from their own solar panels, Mountain said, with rising EV adoption introducing new grid challenges, cutting their reliance on a centralised network.

“Ironically, it encourages customers to depend less and less on the grid,” he said. “It’s almost like the capture of the dominant interests playing out over time at their own expense.”

Separately, the latest edition of the Clean Energy Council Confidence Index shows leadership by state governments is helping to shore up investor appetite for investing in renewable energy amid 2021 electricity lessons even with higher 2030 emissions reduction goals from the federal government.

Overall, investor confidence increased by a point in the last six months – from 6.3 to 7.3 out of 10 – following strong commitments and policy development from state governments, particularly on the east coast, the council said.

“The results of this latest survey illustrate the economic value in policy that lowers the emissions footprint of our electricity generation, supporting regional centres and creating jobs. Investors recognise the opportunities created by limiting global temperature rise to 1.5 degrees,” said council chief executive Kane Thornton.

Among the states, NSW, Victoria and Queensland led in terms of positive investor sentiment.

Correction: this article was amended on 30 November. An earlier version stated Ausnet supported charging storage for network access. A spokesperson said it backed a waiver on charges if certain conditions are met.        

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Canada Clean Electricity leads decarbonization, slashing power-sector emissions through coal phase-out, renewables like hydro, wind, and solar, and nuclear. Provinces cut carbon intensity, enabling electrification of transport and buildings toward net-zero goals.

Key Points

Canada Clean Electricity is the shift to low-emission power by phasing out coal and scaling renewables and nuclear.

✅ 38% cut in electricity emissions since 2005; 84% fossil-free power.

✅ Provinces lead coal phase-out; carbon intensity plummets.

✅ Enables EVs, heat pumps, and building electrification.

It's our country’s one big climate success so far.

"All across Canada, electricity generation has been getting much cleaner. It's our country’s one big climate success so far,"

To illustrate how quickly electric power is being cleaned up, what's still left to do, and the benefits it brings, I've dug into Canada's latest emissions inventory and created a series of charts below.

The sector that could

Climate pollution by Canadian economic sector, 2005 to 2017My first chart shows how Canada's economic sectors have changed their climate pollution since 2005.

While most sectors have increased their pollution or made little progress in the climate fight, our electricity sector has shined.

As the green line shows, Canadians have eliminated an impressive 38 per cent of the climate pollution from electricity generation in just over a decade.

To put these shifts into context, I've shown Canada's 2020 climate target on the chart as a gray star. This target was set by the Harper government as part of the global Copenhagen Accord. Specifically, Canada pledged to cut our climate pollution 17 per cent below 2005 levels under evolving Canadian climate policy frameworks of the time.

As you can see, the electricity sector is the only one to have done that so far. And it didn’t just hit the target — it cut more than twice as much.

Change in Canada's electricity generation, 2005 to 2017My next chart shows how the electricity mix changed. The big climate pollution cuts came primarily from reductions in coal burning, highlighting the broader implications of decarbonizing Canada's electricity grid for fuel choices.

The decline in coal-fired power was replaced (and then some) by increases in renewable electricity and other zero-emissions sources — hydro, wind, solar and nuclear.

As a result, Canada's overall electricity generation is now 84 per cent fossil free.

Every province making progress

A primary reason why electricity emissions fell so quickly is because every province worked to clean up Canada's electricity together.

Change in Canadian provincial electricity carbon intensity, 2005 to 2017

My next chart illustrates this rare example of Canada-wide climate progress. It shows how quickly the carbon-intensity of electricity generation has declined in different provinces.

(Note: carbon-intensity is the amount of climate pollution emitted per kilowatt-hour of electricity generated: gCO2e/kWh).

Ontario clearly led the way with an amazing 92 per cent reduction in climate pollution per kWh in just twelve years. Most of that came from ending the burning of coal in their power plants. But a big chunk also came from cutting in half the amount of natural gas they burn for electricity.

Manitoba, Quebec and B.C. also made huge improvements.

Even Alberta and Saskatchewan, which were otherwise busy increasing their overall climate pollution, made progress in cleaning up their electricity.

These real-world examples show that rapid and substantial climate progress can happen in Canada when a broad-spectrum of political parties and provinces decide to act.

Most Canadians now have superclean electricity

As a result of this rapid cleanup, most Canadians now have access to superclean energy.

Canadian provincial electricity carbon intensity in 2017

Who has it? And how clean is it?

The biggest climate story here is the superclean electricity generated by the four provinces shown on the left side — Quebec, Manitoba, B.C. and Ontario. Eighty per cent of Canadians live in these provinces and have access to this climate-safe energy source.

Those living in Alberta and Saskatchewan, however, still have fairly dirty electricity — as shown in orange on the right — and options like bridging the electricity gap between Alberta and B.C. could accelerate progress in the West.

A lot more cleanup must happen here before the families and businesses in these provinces have a climate-safe energy supply.

What's left to do?

Canada's electricity sector has two big climate tasks remaining: finishing the cleanup of existing power and generating even more clean energy to replace fossil fuels like the gasoline and natural gas used by vehicles, factories and other buildings.

Finishing the clean up

Climate pollution from Canadian provincial electricity 2005 and 2017

As we saw above, more than a third of the climate pollution from electricity has already been eliminated. That leaves nearly two-thirds still to clean up.

Back in 2005, Canada's total electricity emissions were 125 million tonnes (MtCO2).

Over the next twelve years, emissions fell by more than a third (-46 MtCO2). Ontario did most of the work by cutting 33 MtCO2. Alberta, New Brunswick and Nova Scotia made the next biggest cuts of around 4 MtCO2 each.

Now nearly eighty million tonnes of climate pollution remain.

As you can see, nearly all of that now comes from Alberta and Saskatchewan. As a result, continuing Canada's climate progress in the power sector now requires big cuts in the electricity emissions from these two provinces.

Generating more clean electricity

The second big climate task remaining for Canada's electricity is to generate more clean electricity to replace the fossil fuels burned in other sectors. My next chart lets you see how big a task this is.

Clean electricity generation by Canadian province, 2017

It shows how much climate-safe electricity is currently generated in major provinces. This includes zero-emissions renewables (blue bars) and nuclear power (pale blue).

Quebec tops the list with 191 terawatt-hours (TWh) per year. While impressive, it only accounts for around half of the energy Quebecers use. The other half still comes from climate-damaging fossil fuels and to replace those, Quebec will need to build out more clean energy.

The good news here is that electricity is more efficient for most tasks, so fossil fuels can be replaced with significantly less electric energy. In addition, other efficiency and reduction measures can further reduce the amount of new electricity needed.

Newfoundland and Labrador is in the best situation. They are the only province that already generates more climate-safe electricity than they would need to replace all the fossil fuels they burn. They currently export most of that clean electricity.

At the other extreme are Alberta and Saskatchewan. These provinces currently produce very little climate-safe energy. For example, Alberta's 7 TWh of climate-safe electricity is only enough to cover 1 per cent of the energy used in the province.

All told, Canadians currently burn fossil fuels for three-quarters of the energy we use. To preserve a safe-and-sane climate, most provinces will soon need lots more clean electricity in the race to net-zero to replace the fossil fuels we burn.

How soon will they need it?

According to the most recent report from the International Panel on Climate Change (IPCC), avoiding a full-blown climate crisis will require humanity to cut emissions by 45 per cent over the next decade.

Using electricity to clean up other sectors

Finally, let's look at how electricity can help clean up two of Canada’s other high-emission sectors — transportation and buildings.

Cleaning up transportation

Transportation is now the second biggest climate polluting sector in Canada (after the oil and gas industry). So, it’s a top priority to reduce the amount of gasoline we use.

Canadian provincial electricity carbon intensity in 2017, plus gasoline equivalent

Switching to electric vehicles (EVs) can reduce transportation emissions by a little, or a lot. It depends on how clean the electricity supply is.

To make it easy to compare gasoline to each province's electricity I've added a new grey-striped zone at the top of the carbon-intensity chart.

This new zone shows that burning gasoline in cars and trucks has a carbon-intensity equivalent to more than 1,000 gCO2e/kWh. (If you are interested in the details of this and other data points, see the geeky endnotes.)

The good news is that every province's electricity is now much cleaner than gasoline as a transportation fuel.

In fact, most Canadians have electricity that is at least 95 per cent less climate polluting than gasoline. Electrifying vehicles in these provinces virtually eliminates those transportation emissions.

Even in Alberta, which has the dirtiest electricity, it is 20 per cent cleaner than gasoline. That's a help, for sure. But it also means that Albertans must electrify many more vehicles to achieve the same emissions reductions as regions with cleaner electricity.

In addition to reducing climate pollution, switching transportation to electricity brings other big benefits:

It reduces air pollution in cities — a major health hazard.

It cuts the energy required for transportation by 75 per cent — because electric motors are so much more efficient.

It reduces fuel costs up to 80 per cent — saving tens of thousands of dollars.

And for gasoline-importing provinces, using local electricity keeps billions of fuel dollars inside their provincial economy.

As an extra bonus, it makes it hard for companies to manipulate the price or for outsiders to "turn off the taps.”

Cleaning up buildings

Canada's third biggest source of climate pollution is the buildings sector.

Burning natural gas for heating is the primary cause. So, reducing the amount of fossil gas burned in buildings is another top climate requirement.

Canadian provincial electricity carbon intensity in 2017, plus gasoline and nat gas heating equivalent

Heating with electricity is a common alternative. However, it's not always less climate polluting. It depends on how clean the electricity is.

To compare these two heating sources, look at the lower grey-striped zone I've added to the chart.

It shows that heating with natural gas has a carbon-intensity of 200 to 300 gCO2 per kWh of heat delivered. High-efficiency gas furnaces are at the lower end of this range.

As you can see, for most Canadians, electric heat is now the much cleaner choice — nearly eliminating emissions from buildings. But in Alberta and Saskatchewan, electricity is still too dirty to replace natural gas heat.

The climate benefits of electric heat can be improved further by using the newer high-efficiency air-source heat pump technologies like mini-splits. These can heat using one half to one third of the electricity of standard electric baseboard heaters. That means it is possible to use electricity that is a bit dirtier than natural gas and still deliver cleaner heating. As a bonus, heat pumps can free up a lot of existing electricity supply when used to replace existing electric baseboards.

Electrify everything

You’ve probably heard people say that to fight climate breakdown, we need to “electrify everything.” Of course, the electricity itself needs to be clean and what we’ve seen is that Canada is making important progress on that front. The electricity industry, and the politicians that prodded them, all deserve kudos for slashing emissions at more than twice the rate of any other sector.

We still need to finish the cleanup job, but we also need to turn our sights to the even bigger task ahead: requiring that everything fossil fuelled — every building, every factory, every vehicle — switches to clean Canadian power.

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California Rooftop Solar Rate Reforms propose shifting net metering to fixed access fees, peak-demand charges, and time-of-use pricing, aligning grid costs, distributed generation incentives, and retail rates for efficient, least-cost electricity and fair cost recovery.

Key Points

Policies replacing net metering with fixed fees, demand charges, and time-of-use rates to align costs and incentives.

✅ Large fixed access charge funds grid infrastructure

✅ Peak-demand pricing reflects capacity costs at system peak

✅ Time-varying rates align marginal costs and emissions

The California Public Service Commission has proposed revamping electricity rates for residential customers who produce electricity through their rooftop solar panels. In a recent New York Times op‐​ed, former Governor Arnold Schwarzenegger argued the changes pose an existential threat to residential rooftop solar. Interest groups favoring rooftop solar portray the current pricing system, often called net metering, in populist terms: “Net metering is the one opportunity for the little guy to get relief, and they want to put the kibosh on it.” And conventional news coverage suggests that because rooftop solar is an obvious good development and nefarious interests, incumbent utilities and their unionized employees, support the reform, well‐​meaning people should oppose it. A more thoughtful analysis would inquire about the characteristics and prices of a system that supplies electricity at least cost.

Currently, under net metering customers are billed for their net electricity use plus a minimum fixed charge each month. When their consumption exceeds their home production, they are billed for their net use from the electricity distribution system (the grid) at retail rates. When their production exceeds their consumption and the excess is supplied to the grid, residential consumers also are reimbursed at retail rates. During a billing period, if a consumer’s production equaled their consumption their electric bill would only be the monthly fixed charge.

Net metering would be fine if all the fixed costs of the electric distribution and transmission systems were included in the fixed monthly charge, but they are not. Between 66 and 77 percent of the expenses of California private utilities do not change when a customer increases or decreases consumption, but those expenses are recovered largely through charges per kWh of use rather than a large monthly fixed charge. Said differently, for every kWh that a PG&E solar household exported into the grid in 2019, it saved more than 26 cents, on average, while the utility’s costs only declined by about 8 cents or less including an estimate of the pollution costs of the system’s fossil fuel generators. The 18‐​cent difference pays for costs that don’t change with variation in a household’s consumptions, like much of the transmission and distribution system, energy efficiency programs, subsidies for low‐​income customers, and other fixed costs. Rooftop solar is so popular in California because its installation under a net metering system avoids the 18 cents, creating a solar cost shift onto non-solar customers. Rooftop solar is not the answer to all our environmental needs. It is simply a form of arbitrage around paying for the grid’s fixed costs.

What should electricity tariffs look like? This article in Regulation argues that efficient charges for electricity would consist of three components: a large fixed charge for the distribution and transmission lines, meter reading, vegetation trimming, etc.; a peak‐​demand charge related to your demand when the system’s peak demand occurs to pay for fixed capacity costs associated with peak use; and a charge for electricity use that reflects the time‐ and location‐​varying cost of additional electricity supply.

Actual utility tariffs do not reflect this ideal because of political concerns about the effects of large fixed monthly charges on low‐​income customers and the optics of explaining to customers that they must pay 50 or 60 dollars a month for access even if their use is zero. Instead, the current pricing system “taxes” electricity use to pay for fixed costs. And solar net metering is simply a way to avoid the tax. The proposed California rate reforms would explicitly impose a fixed monthly charge on rooftop solar systems that are also connected to the grid, a change that could bring major changes to your electric bill statewide, and would thus end the fixed‐​cost avoidance. Any distributional concerns that arise because of the effect of much larger fixed charges on lower‐​income customers could be managed through explicit tax deductions that are proportional to income.

The current rooftop solar subsidies in California also should end because they have perverse incentive effects on fossil fuel generators, even as the state exports its energy policies to neighbors. Solar output has increased so much in California that when it ends with every sunset, natural gas generated electricity has to increase very rapidly. But the natural gas generators whose output can be increased rapidly have more pollution and higher marginal costs than those natural gas plants (so called combined cycle plants) whose output is steadier. The rapid increase in California solar capacity has had the perverse effect of changing the composition of natural gas generators toward more costly and polluting units.

The reforms would not end the role of solar power. They would just shift production from high‐​cost rooftop to lower‐​cost centralized solar production, a transition cited in analyses of why electricity prices are soaring in California, whose average costs are comparable with electricity production in natural gas generators. And they would end the excessive subsidies to solar that have negatively altered the composition of natural gas generators.

Getting prices right does not generate citizen interest as much as the misguided notion that rooftop solar will save the world, and recent efforts to overturn income-based utility charges show how politicized the debate remains. But getting prices right would allow the decentralized choices of consumers and investors to achieve their goals at least cost.

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OPG Pickering Nuclear Refurbishment extends four CANDU reactors to bolster Ontario clean energy, grid reliability, and decarbonization goals, leveraging Darlington lessons, mature supply chains, and AtkinsRealis OEM expertise for cost effective life extension.

Key Points

Modernizing four Pickering CANDU units to extend life, add clean power, and enhance Ontario grid reliability.

✅ Extends four 515 MW CANDU reactors by 30 years

✅ Supports clean, reliable baseload and decarbonization

✅ Leverages Darlington playbook and AtkinsRealis OEM supply chain

In a pivotal shift last month, Ontario Power Generation (OPG) revised its strategy for the Pickering Nuclear Power Station, scrapping plans to decommission its six remaining reactors. Instead, OPG has opted to modernize four reactors (Pickering B Units 5-8) starting in 2027, while Units 1 and 4 are slated for closure by the end of the current year.

This revision ensures the continued operation of the four 515 MW Canada Deuterium Uranium (CANDU) reactors—originally constructed in the 1970s and 1980s—extending their service life by at least 30 more years amid an extension request deadline for Pickering.

Todd Smith, Ontario's Energy Minister, underscored the significance of nuclear power in maintaining Ontario's status as a region with one of the cleanest and most reliable electricity grids globally. He emphasized the integral role of nuclear facilities, particularly the Pickering station, in the provincial energy strategy during the announcement supporting continued operations, which was made in the presence of union workers at the plant.

The Pickering station has demonstrated remarkable efficiency and reliability, notably achieving its second-highest output in 2023 and setting a record in 2022 for continuous operation. Extending the lifespan of nuclear plants like Pickering is deemed the most cost-effective method for sustaining low-carbon electricity, according to research conducted by the International Energy Agency (IEA) and the OECD Nuclear Energy Agency (NEA) across 243 plants in 24 countries.

The refurbishment project is poised to significantly boost Ontario's economy, projected to add CAN$19.4 billion to the GDP over 11 years and generate approximately 11,000 jobs annually. The Independent Electricity System Operator (IESO) has indicated that to meet the province's future electrification and decarbonization goals, as it faces a growing electricity supply gap, Ontario will need to double its nuclear capacity by 2050, requiring an addition of 17.8 GW of nuclear power.

Subo Sinnathamby, OPG's Senior Vice President of Nuclear Refurbishment, emphasized the necessity of nuclear energy in reducing reliance on natural gas. Sinnathamby, who is leading the refurbishment efforts at OPG's Darlington nuclear power station, where SMR plans are also underway, highlighted the positive impact of the Darlington and Bruce Power projects on the nuclear power supply chain and workforce.

The procurement strategy employed for Darlington, which involved placing orders early to ensure readiness among suppliers, is set to be replicated for the Pickering refurbishment. This approach aims to facilitate a seamless transition of skilled workers and resources from Darlington to Pickering refurbishment, leveraging a matured supply chain and experienced vendors.

AtkinsRealis, the original equipment manufacturer (OEM) for CANDU reactors, has a track record of successfully refurbishing CANDU plants worldwide. The CANDU reactor design, known for its refurbishment capabilities, allows for individual replacement of pressure tubes and access to fuel channels without decommissioning the reactor. Gary Rose, Executive Vice-President of Nuclear at AtkinsRealis, highlighted the economic benefits and environmental benefits of refurbishing reactors, stating it as a viable and swift solution to maximize fossil-free energy.

Looking forward, AtkinsRealis is exploring the potential for multiple refurbishments of CANDU reactors, which could extend their operational life beyond 100 years, addressing local energy needs and economic factors in the decision-making process. This innovative approach underscores the role of nuclear refurbishment in meeting global energy demands sustainably and economically.

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FERC DER Aggregation advances debates over distributed energy resources as Congress presses action on Order 841, grid resilience, and wholesale market access, including rooftop solar, storage, and virtual power plant participation across PJM and ISO-NE.

Key Points

FERC DER Aggregation enables grouped distributed resources to join wholesale markets, providing capacity and flexibility.

? Opens wholesale market access for aggregated DER portfolios

? Aligns with Order 841, storage, and grid resilience goals

? Raises jurisdictional questions between FERC and state regulators

The Monday letter from Congressional Democrats illustrates growing frustration in Washington over the lack of FERC action on multiple power sector issues, including the aging U.S. grid and related challenges.

Last May, after the FERC technical conference, 16 Democratic Senators wrote to then-Chairman Kevin McIntyre urging him to develop guidance for grid operators on aggregated DERs.

In July, McIntyre responded, saying that FERC was "diligently reviewing the record," but the commission has taken no action since.

Since then, "DER adoption and renewable energy aggregation have continued to grow," House and Senate lawmakers wrote in their identical Monday letters, "driven not only by state and federal policies, but consumer interest in choosing cost-competitive technologies such as rooftop solar, smart thermostats and customer-sited energy generation and storage, reflecting key utility trends in the sector."

The lawmakers wrote they were "encouraged" by FERC Chairman Neil Chatterjee's comments in June 2018, writing that he "specifically cited the role DERs will play in our continued grid transition."

In that speech at the S&P Global Platts 2018 Transmission Planning and Development Conference, Chatterjee noted "growing interest" in non-transmission alternatives, including "DERs and storage."

"How the Commission treats filings associated with those first-of-kind projects could prove an important factor in investors’ assessments of whether similar non-traditional projects are bankable or not — and more broadly signal whether FERC is open to innovation in the transmission sector,” he said.

In addition to the DER order and rehearing decision on Order 841, FERC has multiple other power sector initiatives that have not seen official action in months, even as major changes to electricity pricing are debated by stakeholders.

The highest profile is its open proceeding on grid resilience, set up last January after FERC rejected a coal and nuclear bailout proposal from the Department of Energy. In October, the CEO of the PJM Interconnection, the nation’s largest wholesale power market, urged FERC to issue a final order in the docket, calling for "leadership" from the commission.

Chatterjee, however, has not indicated when FERC could decide on the case. In December, Commissioner Rich Glick told a Washington audience he is "not entirely sure where the chairman wants to go with that proceeding yet."

Outside of resilience, FERC also has open reviews of both its pipeline certificate policy and implementation of the Public Utilities Regulatory Policy Act, a key law supporting renewable energy. McIntrye set those reviews in motion during his tenure as chairman, but after his death in January the timing of both remains unclear.

In recent months, Chatterjee has also delayed FERC votes on major export facilities for liquefied natural gas and a political spending case involving PJM after impasses between Republicans and Democrats on FERC.

Two members from each party currently sit on the commission. That allows Democrats to deadlock commission votes on natural gas facilities and other issues — a partisan divide on display this week when they clashed with the chairman over offshore wind.

As the commission considers final guidance on DERs, the boundaries of federal jurisdiction are likely to be a key issue. At the technical conference, states from the Midcontinent ISO argued FERC should allow them to choose whether to let aggregated DERs participate in retail and wholesale markets. Other states argued the value proposition of distributed resources may rely on that sort of dual participation.

Despite the lack of action from FERC, some grid operators are moving forward with aggregated distributed resources in New England market reform efforts and elsewhere, demonstrating momentum. Last week, a residential solar-plus-storage aggregation cleared the ISO-NE capacity auction for the first time, committing to provide 20 MW of capacity beginning in 2022.

On the Senate side, Sens. Sheldon Whitehouse, R.I., and Ed Markey, Mass., led the letter to FERC. In the House, Reps. Peter Welch, Vt., and Mike Levin, Calif., led the signatories.

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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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