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

Key Points

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

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Crosbie Hydro Energy Action Plan outlines rate mitigation for Muskrat Falls, leveraging Nalcor oil revenues, export sales, Holyrood savings, and potential Hydro-Quebec taxation to keep Newfoundland and Labrador electricity rates near 14.67 cents/kWh.

Key Points

PC plan to cap post-Muskrat rates by using Nalcor revenues, exports, and savings, with optional Accord funds.

✅ $575.4M yearly to hold rates near 14.67 cents/kWh

✅ Sources: Nalcor oil $231M, Holyrood $150M, rates/dividends $123.4M

✅ Options: export sales, restructuring, Atlantic Accord, HQ tax

Newfoundland and Labrador PC Leader Ches Crosbie says Muskrat Falls won't drive up electricity rates, a goal consistent with an agreement to shield ratepayers from cost overruns, if he's elected premier.

According to Crosbie, who presented the party's Crosbie Hydro Energy Action Plan — acronym CHEAP — at a press conference Monday, $575.4 million is needed per year in order to keep rates from ballooning past 14.67 cents per kilowatt hour.

Here's where he thinks the money could come from:

• Hydro rates and dividends — $123.4 million
• Export sales — $40.1 million
• Nalcor restructuring — $30 million
• Holyrood savings — $150  million
• Nalcor oil revenue — $231 million

The oil money, Crosbie said, isn't going into government coffers but being invested into the offshore which, he said, is a good place for it.

"But the plan from the beginning around Muskrat Falls was that if there was need for it — for mitigation for rates — that those revenues and operating cash flows from Nalcor oil and gas would be available to be recycled into rate mitigation, as reflected in a recent financial update on the pandemic's impact. and that's what we're going to have to do," he said.

According to Crosbie, his numbers come from the preliminary stage of the Public Utilities Board process, even as rate mitigation talks have lacked public details.

This is a recent aerial view of the Muskrat Falls project in central Labrador. The project is more than 90 per cent complete, with first power forecast for late 2019, alongside Ottawa's $5.2B support for the project. (Nalcor)

"I'm telling you this is the best information available to anyone outside of government," he said. "We're working on what we can."

The PUB estimated Nalcor restructuring could save between $10 million and $15 million, according to Crosbie, but he figures there's "enough duplication and overpayment involved in the way things are now set up that we can find $30 million there."

Currently, provincial ratepayers pay about 12 cents per kilowatt hour as electricity users have started paying for Muskrat Falls costs.

Crosbie's $575.4-million figure would put rates at 14.67 cents per kilowatt-hour in 2021, where his plan pledges to keep them.

A recent Public Utilities Board Report says there's a potential $10 million to $15 million in savings from Nalcor, but Crosbie says he can find $30 million. (CBC)

"The promise is that Muskrat Falls, when it comes online — comes in service — will not increase your rates. Between now and when that happens there are rate increases already in the pipeline up to that level of [14.67 cents per kilowatt-hour] … so that is the baseline target rate at which rates will be kept.

"In other words, Muskrat will not drive up prices for electricity to consumers beyond that point."

In addition to those savings, Crosbie's plan outlined two further steps.

"We think it could be done out of the resources that I've just identified now, but if there's a problem with that, and as a temporary measure, we can use a modest amount of the Atlantic Accord review, fiscal review, revenues," he said.

Plan 'nothing new'

Premier Dwight Ball slammed the plan at the House of Assembly on Monday, saying it lacked insight.

"It was a copy and paste exercise," he told reporters. "There's nothing new in that plan. Not at all."

"We're not leaving any stone unturned of where the opportunity would be to actually generate revenue," he said.  "We are genuinely concerned about rate mitigation and we've got to get a plan in place."

Potential to tax Hydro-Québec

Crosbie also said there's potential to tax Hydro-Québec.

According to Crosbie, tax exemptions that expired in 2016 allow the province to tax exports from the Upper Churchill, which, he said, could result in "hundreds of millions or billions" in revenue.

"It's not my philosophy to immediately go and do that because that would generate litigation — who needs more of that? — but we do need to let Quebec know that we're very aware of that, and aware of that opportunity, and invite them to come talk about a whole host of issues," Crosbie said.

Crosbie said the tax would also have to be applied to domestic consumption.

"But so massive is the potential revenue from the Upper Churchill export that there would be ways to mitigate that and negate the effect of that on consumers in the province."

Crosbie said with the Atlantic Accord revenue, he could still present a balanced budget by 2022.

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Miami Valley EV Chargers Expansion strengthens Level 2 charging infrastructure across Dayton, with Ohio EPA funding and Volkswagen settlement support, easing range anxiety and promoting sustainable transportation at Austin Landing and high-traffic destinations.

Key Points

An Ohio initiative installing 24 Level 2 stations to boost EV adoption, reduce range anxiety, and expand access in Dayton.

✅ 24 new Level 2 chargers at high-traffic regional sites

✅ Ohio EPA and VW settlement funds support deployment

✅ Reduces range anxiety, advancing sustainable mobility

The Miami Valley region in Ohio is accelerating its transition to electric vehicles (EVs) with the installation of 24 new Level 2 EV chargers, funded through a $1.1 million project supported by the Ohio Environmental Protection Agency (EPA). This initiative aims to enhance EV accessibility and alleviate "range anxiety" among drivers as the broader U.S. EV boom tests grid readiness.

Strategic Locations Across the Region

The newly installed chargers are strategically located in high-traffic areas to maximize their utility as national charging networks compete to expand coverage across travel corridors. Notable sites include Austin Landing, the Dayton Art Institute, the Oregon District, Caesar Creek State Park, and the Rose Music Center. These locations were selected to ensure that EV drivers have convenient access to charging stations throughout the region, similar to how Ontario streamlines station build-outs to place chargers where drivers already travel.

Funding and Implementation

The project is part of Ohio's broader effort to expand EV infrastructure, reflecting the evolution of U.S. charging infrastructure while utilizing funds from the Volkswagen Clean Air Act settlement. The Ohio EPA awarded approximately $3.25 million statewide for the installation of Level 2 EV chargers, with the Miami Valley receiving a significant portion of this funding, while Michigan utility programs advance additional investments to scale regional infrastructure.

Impact on the Community

The expansion of EV charging infrastructure is expected to have several positive outcomes. It will provide greater convenience for current EV owners and encourage more residents to consider electric vehicles as a viable transportation option, including those in apartments and condos who benefit from expanded access. Additionally, the increased availability of charging stations supports the state's environmental goals by promoting the adoption of cleaner, more sustainable transportation.

Looking Ahead

As the adoption of electric vehicles continues to grow, the Miami Valley's investment in EV infrastructure positions the region as a leader in sustainable transportation as utilities pursue ambitious charging strategies to meet demand. The success of this project may serve as a model for other regions looking to expand their EV charging networks. This initiative reflects a significant step towards a more sustainable and accessible transportation future for the Miami Valley.

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CCUS in the U.S. Power Sector drives investments as DOE grants, 45Q tax credits, and EPA carbon rules spur carbon capture, geologic storage, and utilization, while debates persist over costs, transparency, reliability, and emissions safeguards.

Key Points

CCUS captures CO2 from power plants for storage or use, backed by 45Q tax credits, DOE funding, and EPA carbon rules.

✅ DOE grants and 45Q credits aim to de-risk project economics.

✅ EPA rules may require capture rates to meet emissions limits.

✅ Transparency and MRV guard against tax credit abuse.

New public and private funding, including DOE $110M for CCUS announced recently, and expected strong federal power plant emissions reduction standards have accelerated electricity sector investments in carbon capture, utilization and storage,’ or CCUS, projects but some worry it is good money thrown after bad.

CCUS separates carbon from a fossil fuel-burning power plant’s exhaust through carbon capture methods for geologic storage or use in industrial and other applications, according to the Department of Energy. Fossil fuel industry giants like Calpine and Chevron are looking to take advantage of new federal tax credits and grant funding for CCUS to manage potentially high costs in meeting power plant performance requirements, amid growing investor pressure for climate reporting, including new rules, expected from EPA soon, on reducing greenhouse gas emissions from existing power plants.

Power companies have “ambitious plans” to add CCUS to power plants, estimated to cause 25% of U.S. CO2 emissions. As a result, the power sector “needs CCUS in its toolkit,” said DOE Office of Fossil Energy and Carbon Management Assistant Secretary Brad Crabtree. Successful pilots and demonstrations “will add to investor confidence and lead to more deployment” to provide dispatchable clean energy, including emerging CO2-to-electricity approaches for power system reliability after 2030,| he added.

But environmentalists and others insist potentially cost-prohibitive CCUS infrastructure, including CO2 storage hub initiatives, must still prove itself effective under rigorous and transparent federal oversight.

“The vast majority of long-term U.S. power sector needs can be met without fossil generation, and better options are being deployed and in development,” Sierra Club Senior Advisor, Strategic Research and Development, Jeremy Fisher, said, pointing to carbon-free electricity investments gaining momentum in the market. CCUS “may be needed, but without better guardrails, power sector abuses of federal funding could lead to increased emissions and stranded fossil assets,” he added.

New DOE CCUS project grants, an increased $85 per metric ton, or tonne, federal 45Q tax credit, and the forthcoming EPA power plant carbon rules and the federal coal plan will do for CCUS what similar policies did for renewables, advocates and opponents agreed. But controversial past CCUS performance and tax credit abuses must be avoided with transparent reporting requirements for CO2 capture, opponents added.

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Finland Shadow Fleet Cable Investigation details suspected Russia-linked sabotage of Baltic Sea undersea cables, AIS dark activity, and false-flag tactics threatening critical infrastructure, prompting NATO and EU vigilance against hybrid warfare across Northern Europe.

Key Points

Finland probes suspected sabotage of undersea cables by a Russia-linked vessel using flag of convenience and AIS off.

✅ Undersea cable damage in Baltic Sea sparks security alerts

✅ Suspected shadow fleet ship ran AIS dark under false flag

✅ NATO and EU boost maritime surveillance, critical infrastructure

In December 2024, Finland launched an investigation into a ship allegedly linked to Russia’s “shadow fleet” following a series of incidents involving damage to undersea cables. The investigation has raised significant concerns in Finland and across Europe, as it suggests possible sabotage or other intentional acts related to the disruption of vital communication and energy infrastructure in the Baltic Sea region. This article explores the key details of the investigation, the role of Russia’s shadow fleet, and the broader geopolitical implications of this event.

The "Shadow Fleet" and Its Role

The term “shadow fleet” refers to a collection of ships, often disguised or operating under false flags, that are believed to be part of Russia's covert maritime operations. These vessels are typically used for activities such as smuggling, surveillance, and potentially military operations, mirroring the covert hacker infrastructure documented by researchers in related domains. In recent years, the "shadow fleet" has been under increasing scrutiny due to its involvement in various clandestine actions, especially in regions close to NATO member countries and areas with sensitive infrastructure.

Russia’s "shadow fleet" operates in the shadows of regular international shipping, often difficult to track due to the use of deceptive practices like turning off automatic identification systems (AIS). This makes it difficult for authorities to monitor their movements and assess their true purpose, raising alarm bells when one of these ships is suspected of being involved in damaging vital infrastructure like undersea cables.

The Cable Damage Incident

The investigation was sparked after damage was discovered to an undersea cable in the Baltic Sea, a vital link for communication, data transmission, and energy supply between Finland and other parts of Europe. These undersea cables are crucial for everything from internet connections to energy grid stability, with recent Nordic grid constraints underscoring their importance, and any disruption to them can have serious consequences.

Finnish authorities reported that the damage appeared to be deliberate, raising suspicions of potential sabotage. The timing of the damage coincides with a period of heightened tensions between Russia and the West, particularly following the escalation of the war in Ukraine, with recent strikes on Ukraine's power grid highlighting the stakes, and ongoing geopolitical instability. This has led many to speculate that the damage to the cables could be part of a broader strategy to undermine European security and disrupt critical infrastructure.

Upon further investigation, a vessel that had been in the vicinity at the time of the damage was identified as potentially being part of Russia’s "shadow fleet." The ship had been operating under a false flag and had disabled its AIS system, making it challenging for authorities to track its movements. The vessel’s activities raised red flags, and Finnish authorities are now working closely with international partners to ascertain its involvement in the incident.

Geopolitical Implications

The damage to undersea cables and the suspected involvement of Russia’s "shadow fleet" have broader geopolitical implications, particularly in the context of Europe’s security landscape. Undersea cables are considered critical infrastructure, akin to electric utilities where intrusions into US control rooms have been documented, and any deliberate attack on them could be seen as an act of war or an attempt to destabilize regional security.

In the wake of the investigation, there has been increased concern about the vulnerability of Europe’s energy and communication networks, which are increasingly reliant on these undersea connections, and as the Baltics pursue grid synchronization with the EU to reduce dependencies, policymakers are reassessing resilience measures. The European Union, alongside NATO, has expressed growing alarm over potential threats to this infrastructure, especially as tensions with Russia continue to escalate.

The incident also highlights the growing risks associated with hybrid warfare tactics, which combine conventional military actions with cyberattacks, including the U.S. condemnation of power grid hacking as a cautionary example, sabotage, and disinformation campaigns. The targeting of undersea cables could be part of a broader strategy by Russia to disrupt Europe’s ability to coordinate and respond effectively, particularly in the context of ongoing sanctions and diplomatic pressure.

Furthermore, the suspected involvement of a "shadow fleet" ship raises questions about the transparency and accountability of maritime activities in the region. The use of vessels operating under false flags or without identification systems complicates efforts to monitor and regulate shipping in international waters. This has led to calls for stronger maritime security measures and greater cooperation between European countries to ensure the safety and integrity of critical infrastructure.

Finland’s Response and Ongoing Investigation

In response to the cable damage incident, Finnish authorities have mobilized a comprehensive investigation, seeking to determine the extent of the damage and whether the actions were deliberate or accidental. The Finnish government has called for increased vigilance and cooperation with international partners to identify and address potential threats to undersea infrastructure, drawing on Symantec's Dragonfly research for insights into hostile capabilities.

Finland, which shares a border with Russia and has been increasingly concerned about its security in the wake of Russia's invasion of Ukraine, has ramped up its defense posture. The damage to undersea cables serves as a stark reminder of the vulnerabilities that come with an interconnected global infrastructure, and Finland’s security services are likely to scrutinize the incident as part of their broader defense strategy.

Additionally, the incident is being closely monitored by NATO and the European Union, both of which have emphasized the importance of safeguarding critical infrastructure. As an EU member and NATO partner, Finland’s response to this situation could influence how Europe addresses similar challenges in the future.

The investigation into the damage to undersea cables in the Baltic Sea, allegedly linked to Russia’s "shadow fleet," has significant implications for European security. The use of covert operations, including the deployment of ships under false flags, underscores the growing threats to vital infrastructure in the region. With tensions between Russia and the West continuing to rise, the potential for future incidents targeting critical communication and energy networks is a pressing concern.

As Finland continues its investigation, the incident highlights the need for greater international cooperation and vigilance in safeguarding undersea cables and other critical infrastructure. In a world where hybrid warfare tactics are becoming increasingly common, ensuring the security of these vital connections will be crucial for maintaining stability in Europe. The outcome of this investigation may serve as a crucial case study in the ongoing efforts to protect infrastructure from emerging and unconventional threats.

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EECBG Program Funding empowers states, Tribes, and local governments with DOE grants to deploy clean energy, energy efficiency, EV infrastructure, and community solar, cutting emissions, lowering utility bills, and advancing net-zero decarbonization.

Key Points

EECBG Program Funding is a $550M DOE grant for states, Tribes, and governments to deploy clean energy and efficiency.

✅ Supports EV infrastructure and community solar deployment

✅ Cuts emissions and lowers utility costs via efficiency

✅ Prioritizes Justice40 benefits for underserved communities

The Biden-Harris Administration, through the U.S. Department of Energy (DOE), today released a Notice of Intent announcing $550 million to support community-based clean energy in state, Tribal, and local governments — serving more than 250 million Americans. This investment in American communities, through the Energy Efficiency and Conservation Block Grant (EECBG) Program, will support communities across the country to develop local programming and deploy clean energy technologies to cut emissions, advance a 90% carbon-free electricity goal nationwide, and reduce consumers’ energy costs, and help meet President Biden’s goal of a net-zero economy by 2050. 

“This funding is a streamlined and flexible tool for local governments to build their electricity future with clean energy,” said U.S. Secretary of Energy Jennifer M. Granholm. “State, local, and Tribal communities nationwide will be able to leverage this funding to drive greater energy efficiency and conservation practices to lower utility bills and create healthier environments for American families.”   

The EECBG Program will fund 50 states, five U.S. territories, the District of Columbia, 774 Tribes, and 1,878 local governments in a variety of capacity-building, planning, and infrastructure efforts to reduce carbon emissions and energy use and improve energy efficiency in the transportation, building, and other related sectors. For example, communities with this funding can build out electric vehicle infrastructure and deploy community solar to serve areas that otherwise do not have access to electric vehicles or clean energy, particularly through a rural energy security program where appropriate.  

The $550 million made available through the Bipartisan Infrastructure Law (BIL) represents the second time that the EECBG Program has been funded, the first of which was through the American Recovery and Reinvestment Act of 2009. With this most recent funding, communities can build on prior investments and leverage additional clean energy funding from DOE, other federal agencies, and the private sector to achieve sustained impacts, supported by a Clean Electricity Standard where applicable, that can put their communities on a pathway to decarbonization. 

Through the EECBG Program and the Office of State and Community Energy Programs (SCEP), DOE will support the many diverse state, local, and tribal communities across the U.S., including efforts to revitalize coal communities through clean energy, as they implement this funding and other clean energy projects. To ensure no communities are left behind, the program aligns with President’s Justice40 initiative and efforts toward equity in electricity regulation to help ensure that 40% of the overall benefits of clean energy investments go to underserved and overburdened communities. 

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