PSE&G solar programs receive industry award

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PSE&G has been recognized by the solar industry for its game-changing innovations to expand the solar market that are models for replication around the country. The national award was presented at the PV America conference in Philadelphia.

The company received an Industry Innovation award from the Solar Energy Industries Association (SEIA) to honor a company that is at the forefront of efforts to expand renewable generation and reduce carbon emissions. SEIA is the national trade group that represents the U.S. solar energy industry.

PSE&G was recognized for its efforts to help achieve New Jersey's aggressive Energy Master Plan goals to reduce projected energy use and generate 30 percent of its electricity from renewable sources by 2020, including 1800 megawatts of solar energy generation.

"By thinking innovatively and challenging the status quo, PSE&G is maximizing the potential of existing renewable energy incentives to break down barriers for consumers wanting to install solar while growing the economy and creating jobs," said Rhone Resch, SEIA president and CEO.

"It may seem surprising for New Jersey to be moving faster than some other states that have more sun and greater space than we have available," said Ralph LaRossa, president and COO of PSE&G. "But we expect New Jersey to become a hot market for solar manufacturers, developers and installers and we are pleased that the solar industry has recognized our programs and our efforts to expand the market."

"Renewables including solar will go a long way toward helping us meet the nation's goals for energy and carbon reduction. At the same time the rapidly expanding solar industry will create much needed jobs," LaRossa added.

Under PSE&G's Solar Loan Program, approved by the New Jersey Board of Public Utilities (BPU) in 2008, the company is investing $105 million over two years to help finance the installation of 30 MW of solar systems for businesses and homeowners. The commercial and industrial segment of the program is fully subscribed at 28 MW and the utility has submitted an application to the BPU to expand the program by an additional 40 MW. To date, loans totaling $10.5 million for 2.8 MW of solar capacity have closed and are in service.

The company was also recognized for its Solar 4 All program which, if approved by the BPU, would provide a $773 million investment for 120 megawatts of solar power to customers throughout its service territory. The utility would own and operate the grid-connected solar energy systems, collaborating with developers and manufacturers to develop the projects. SEIA found particularly innovative PSE&G's plan to install solar devices on 200,000 utility poles and street lights in its service territory, bringing the benefits of solar to all its customers.

Public Service Electric and Gas Company (PSE&G) is New Jersey's oldest and largest regulated gas and electric delivery utility, serving nearly three-quarters of the state's population. PSE&G is the winner of the ReliabilityOne Award for superior electric system reliability. PSE&G is a subsidiary of Public Service Enterprise Group Incorporated (PSEG) (PEG), a diversified energy company.

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Hydro One, Avista to ask U.S. regulator to reconsider order against acquisition

Hydro One Avista Takeover faces Washington UTC scrutiny as regulators deny approval; companies plan a reconsideration petition, citing acquisition terms, governance concerns, merger risks, EPS dilution, and balance sheet impacts across regulated utility operations.

 

Key Points

A $6.7B bid by Hydro One to buy Avista, denied by Washington UTC on governance risk, under reconsideration petition.

✅ UTC denied over potential provincial interference.

✅ Petition for reconsideration due by Dec. 17.

✅ Deal seen diluting EPS, weakening balance sheet.

 

Hydro One Ltd. and Avista Corp. say they plan to formally request that the Washington Utilities and Transportation Commission reconsider its order last week denying approval of the $6.7-billion takeover, which previously received U.S. antitrust clearance from federal regulators, of the U.S.-based energy utility.

The two companies say they will file a petition no later than Dec. 17 but haven't indicated on what grounds they are making the request, even as investor concerns about Hydro One persist.

Under Washington State law, the UTC has 20 days to consider the petition, otherwise it is deemed to be denied.

If it reconsiders its decision, the UTC can modify the prior order or take any actions it deems appropriate, similar to provincial rulings such as the OEB decision on Hydro One's first combined T&D rates, including extending deliberations.

Washington State regulators said they would not allow Ontario's largest utility to buy Avista for fear the provincial government, which owns 47 per cent of Hydro One's shares and recently prompted a CEO and board exit at the utility, might meddle in Avista's operations.

Hydro One's shares have risen since the order because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet, according to analysts, even as the company reported a one-time-boosted Q2 profit earlier this year.

 

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3 ways 2021 changed electricity - What's Next

U.S. Power Sector Outlook 2022 previews clean energy targets, grid reliability and resilience upgrades, transmission expansion, renewable integration, EV charging networks, and decarbonization policies shaping utilities, markets, and climate strategies amid extreme weather risks.

 

Key Points

An outlook on clean energy goals, grid resilience, transmission, and EV infrastructure shaping U.S. decarbonization.

✅ States set 100% clean power targets; equity plans deepen.

✅ Grid reforms, transmission builds, and RTO debates intensify.

✅ EV plants, batteries, and charging corridors accelerate.

 

As sweeping climate legislation stalled in Congress this year, states and utilities were busy aiming to reshape the future of electricity.

States expanded clean energy goals and developed blueprints on how to reach them. Electric vehicles got a boost from new battery charging and factory plans.

The U.S. power sector also is sorting through billions of dollars of damage that will be paid for by customers over time. States coped with everything from blackouts during a winter storm to heat waves, hurricanes, wildfires and tornadoes. The barrage has added urgency to a push for increased grid reliability and resilience, especially as the power generation mix evolves, EV grid challenges grow as electricity is used to power cars and the climate changes.

“The magnitude of our inability to serve with these sort of discontinuous jumps in heat or cold or threats like wildfires and flooding has made it really clear that we can’t take the grid for granted anymore — and that we need to do something,” said Alison Silverstein, a Texas-based energy consultant.

Many of the announcements in 2021 could see further developments next year as legislatures, utilities and regulators flesh out details on everything from renewable projects to ways to make the grid more resilient.

On the policy front, the patchwork of state renewable energy and carbon reduction goals stands out considering Congress’ failure so far to advance a key piece of President Biden’s agenda — the "Build Back Better Act," which proposed about $550 billion for climate action. Criticism from fellow Democrats has rained on Sen. Joe Manchin (D-W.Va.) since he announced his opposition this month to that legislation (E&E Daily, Dec. 21).

The Biden administration has taken some steps to advance its priorities as it looks to decarbonize the U.S. power sector by 2035. That includes promoting electric vehicles, which are part of a goal to make the United States have net-zero emissions economywide no later than 2050. The administration has called for a national network of 500,000 EV charging stations as the American EV boom raises power-supply questions, and mandated the government begin buying only EVs by 2035.

Still, the fate of federal legislation and spending is uncertain. States and utility plans are considered a critical factor in whether Biden’s targets come to fruition. Silverstein also stressed the importance of regional cooperation as policymakers examine the grid and challenges ahead.

“Our comfort as individuals and as households and as an economy depends on the grid staying up,” Silverstein said, “and that’s no longer a given.”

Here are three areas of the electricity sector that saw changes in 2021, and could see significant developments next year:

 

1. Clean energy
The list of states with new or revamped clean energy goals expanded again in 2021, with Oregon and Illinois joining the ranks requiring 100 percent zero-carbon electricity in 2040 and 2050, respectively.

Washington state passed a cap-and-trade bill. Massachusetts and Rhode Island adopted 2050 net-zero goals.

North Carolina adopted a law requiring a 70 percent cut in carbon emissions by 2030 from 2005 levels and establishing a midcentury net-zero goal.

Nebraska didn’t adopt a statewide policy, but its three public power districts voted separately to approve clean energy goals, actions that will collectively have the same effect. Even the governor of fossil-fuel-heavy North Dakota, during an oil conference speech, declared a goal of making the state carbon-neutral by the end of the decade.

These and other states join hundreds of local governments, big energy users and utilities, which were also busy establishing and reworking renewable energy and climate goals this year in response to public and investor pressure.

However, many of the details on how states will reach those targets are still to be determined, including factors such as how much natural gas will remain online and how many renewable projects will connect to the grid.

Decisions on clean energy that could be made in 2022 include a key one in Arizona, which has seen support rise and fall over the years for a proposal to lead to 100 percent clean power for regulated electric utilities. The Arizona Corporation Commission could discuss the matter in January, though final approval of the plan is not a sure thing. Eyes also are on California, where a much bigger grid for EVs will be needed, as it ponders a recent proposal on rooftop solar that has supporters of renewables worried about added costs that could hamper the industry.

In the wake of the major energy bill North Carolina passed in 2021, observers are waiting for Duke Energy Corp.’s filing of its carbon-reduction plan with state utility regulators. That plan will help determine the future electricity mix in the state.

Warren Leon, executive director of the Clean Energy States Alliance (CESA), said that without federal action, state goals are “going to be more difficult to achieve.”

State and federal policies are complementary, not substitutes, he said. And Washington can provide a tailwind and help states achieve their goals more quickly and easily.

“Progress is going to be most rapid if both the states and the federal government are moving in the same direction, but either of them operating independently of the others can still make a difference,” he said.

While emissions reductions and renewable energy goals were centerpieces of the state energy and climate policies adopted this year, there were some other common threads that could continue in 2022.

One that’s gone largely unnoticed is that an increasing number of states went beyond just setting targets for clean energy and have developed plans, or road maps, for how to meet their goals, Leon said.

Like the New Year resolutions that millions of Americans are planning — pledges to eat healthier or exercise more — it’s far easier to set ambitious goals than to achieve them.

According to CESA, California, Colorado, Nevada, Maine, Rhode Island, Massachusetts and Washington state all established plans for how to achieve their clean energy goals. Prior to late 2020, only two states — New York and New Jersey — had done so.

Another trend in state energy and climate policies: Equity and energy justice provisions factored heavily in new laws in places such as Maine, Illinois and Oregon.

Equity isn’t a new concern for states, Leon said. But state plans have become more detailed in terms of their response to ways the energy transition may affect vulnerable populations.

“They’re putting much more concrete actions in place,” he said. “And they are really figuring out how they go about electricity system planning to make sure there are new voices at the table, that the processes are different, and there are things that are going to be measured to determine whether they’re actually making progress toward equity.”

 

2. Grid
Climate change and natural disasters have been a growing worry for grid planners, and 2021 was a year the issue affected many Americans directly.

Texas’ main power grid suffered massive outages during a deadly February winter storm, and it wasn’t far from an uncontrolled blackout that could have required weeks or months of recovery.

Consumers elsewhere in the country watched as millions of Texans lost grid power and heat amid a bitter cold snap. Other parts of the central United States saw more limited power outages in February.

“I think people care about the grid a lot more this year than they did last year,” Silverstein said, adding, “All of a sudden people are realizing that electricity’s not as easy as they’ve assumed it was and … that we need to invest more.”

Many of the challenges are not specific to one state, she added.

“It seems to me that the state regulators need to put a lot — and utilities need to put a lot — more commitment into working together to solve broad regional problems in cooperative regional ways,” Silverstein said.

In 2022, multiple decisions could affect the grid, including state oversight of spending on upgrades and market proposals that could sway the amount of clean energy brought online.

A focal point will be Texas, where state regulators are examining further changes to the Electric Reliability Council of Texas’ market design. That could have major implications for how renewables develop in the state. Leaders in other parts of the country will likely keep tabs on adjustments in Texas as they ponder their own changes.

Texas has already embarked on reforms to help improve the power sector and its coordination with the natural gas system, which is critical to keeping plants running. But its primary power grid, operated by ERCOT, remains largely isolated and hasn’t been able to rule out power shortages this winter if there are extreme conditions (Energywire, Nov. 22).

Transmission also remains a key issue outside of the Lone Star State, both for resilience and to connect new wind and solar farms. In many areas of the country, the job of planning these new regional lines and figuring out how to allocate billions of dollars in costs falls to regional grid operators (Energywire, Dec. 13).

In the central U.S., the issue led to tension between states in the Midwest and the Gulf South (Energywire, Oct. 15).

In the Northeast, a Maine environmental commissioner last month suspended a permit for a major transmission project that could send hydropower to the region from Canada (Greenwire, Nov. 24). The project’s developers are now battling the state in court to force construction of the line — a process that could be resolved in 2022 — after Mainers signaled opposition in a November vote.

Advocates of a regional transmission organization for Western states, meanwhile, hope to keep building momentum even as critics question the cost savings promoted by supporters of organized markets. Among those in existing markets, states such as Louisiana are expected to monitor the costs and benefits of being associated with the Midcontinent Independent System Operator.

In other states, more details are expected to emerge in 2022 about plans announced this year.

In California, where policymakers are also exploring EVs for grid stability alongside wildfire prevention, Pacific Gas & Electric Co. announced a plan over the summer to spend billions of dollars to underground some 10,000 miles of power lines to help prevent wildfires, for example (Greenwire, July 22).

Several Southeastern utilities, including Dominion Energy Inc., Duke Energy, Southern Co. and the Tennessee Valley Authority, won FERC approval to create a new grid plan — the Southeast Energy Exchange Market, or SEEM — that they say will boost renewable energy.

SEEM is an electricity trading platform that will facilitate trading close to the times when the power is used. The new market is slated to include two time zones, which would allow excess renewables such as solar and wind to be funneled to other parts of the country to be used during peak demand times.

SEEM is significant because the Southeast does not have an organized market structure like other parts of the country, although some utilities such as Dominion and Duke do have some operations in the region managed by PJM Interconnection LLC, the largest U.S. regional grid operator.

SEEM is not a regional transmission organization (RTO) or energy imbalance market. Critics argue that because it doesn’t include a traditional independent monitor, SEEM lacks safeguards against actions that could manipulate energy prices.

Others have said the electric companies that formed SEEM did so to stave off pressure to develop an RTO. Some of the regulated electric companies involved in the new market have denied that claim.

 

3. Electric vehicles
With electric vehicles, the Midwest and Southeast gained momentum in 2021 as hubs for electrifying the transportation sector, as EVs hit an inflection point in mainstream adoption, and the Biden administration simultaneously worked to boost infrastructure to help get more EVs on the road.

From battery makers to EV startups to major auto manufacturers, companies along the entire EV supply chain spectrum moved to or expanded in those two regions, solidifying their footprint in the fast-growing sector.

A wave of industry announcements capped off in December with California-based Rivian Automotive Inc. declaring it would build a $5 billion electric truck, SUV and van factory in Georgia. Toyota Motor Corp. picked North Carolina for its first U.S.-based battery plant. General Motors Co. and a partner plan to build a $2.5 billion battery plant in GM’s home state of Michigan. And Proterra Inc. has unveiled plans to build a new battery factory in South Carolina.

Advocates hope the EV shift by automakers in the Midwest and Southeast will widen the options for customers. Automakers and startups also have been targeting states with zero-emission vehicle targets to launch new and more models because there’s an inherent demand for them.

“The states that have adopted those standards are getting more vehicles,” said Anne Blair, senior EV policy manager for the Electrification Coalition.

EV advocates say they hope those policies could help bring products like Ford’s electrified signature truck line on the road and into rural areas. Ford also is partnering with Korean partner SK Innovation Co. Ltd. to build two massive battery plants in Kentucky.

Regardless of the fanfare about new vehicles, more jobs and must-needed economic growth, barriers to EV adoption remain. Many states have tacked on annual fees, which some elected officials argue are needed to replace revenues secured from a gasoline tax.

Other states do not allow automakers to sell directly to consumers, preventing companies like Lordstown Motors Corp. and Rivian to effectively do business there.

“It’s about consumer choice and consumers having the capacity to buy the vehicles that they want and that are coming out, in new and innovative ways,” Blair told E&E News. Blair said direct sales also will help boost EV sales at traditional dealerships.

In 2022, advocates will be closely watching progress with the National Electric Highway Coalition, amid tensions over charging control among utilities and networks, which was formed by more than 50 U.S. power companies to build a coast-to-coast fast-charging network for EVs along major U.S. travel corridors by the end of 2023 (Energywire, Dec. 7).

A number of states also will be holding legislative sessions, and they could include new efforts to promote EVs — or change benefits that currently go to owners of alternative vehicles.

EV advocates will be pushing for lawmakers to remove barriers that they argue are preventing customers from buying alternative vehicles.

Conversations already have begun in Georgia to let startup EV makers sell their cars and trucks directly to consumers. In Florida, lawmakers will try again to start a framework that will create a network of charging stations as charging networks jostle for position under federal electrification efforts, as well as add annual fees to alternative vehicles to ease concerns over lost gasoline tax revenue.

 

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New York State to investigate sites for offshore wind projects

NYSERDA Offshore Wind Data initiative funds geophysical and geotechnical surveys, seabed and soil studies on New York's shelf to accelerate siting, optimize foundation design, reduce costs, and advance clean energy deployment.

 

Key Points

State funding to support surveys and soil studies guiding offshore wind siting, design, and cost reduction.

✅ Up to $5.5M for geophysical and geotechnical data collection

✅ Focus on seabed soils, shelf geology, and foundation design inputs

✅ Accelerates siting, reduces risk, and lowers offshore wind costs

 

The New York State Energy Research and Development Authority (NYSERDA) is investing up to $5.5 million for the collection of geophysical and geotechnical data to determine future offshore wind development sites.

The funding is to look at seabed soil and geological data for the preliminary design and installation requirements for future offshore wind projects. Its part of N.Y. Gov. Andrew Cuomos plan to develop 9,000 megawatts of offshore wind energy by 2035.

Todays announcement is another step in Governor Cuomos steadfast march to achieving 9,000 megawatts of offshore wind by 2035, putting New York in a clear national leadership position when it comes to advancing this new industry through large-scale energy projects across the state. The surveys NYSERDA will be funding under this solicitation will expand the offshore wind industrys access to geophysical and geotechnical data that will provide the foundation for future offshore wind development in these areas, and accelerate project development while driving down costs, NYSERDA President and CEO Alicia Barton said.

NYSERDA will select one or more contractors to do the investigations, while recent DOE wind energy awards support complementary research, and develop a model for describing geophysical and geotechnical conditions. NYSERDA will also select a contractor to support project management and host the data that is collected. The submission deadline is Jan. 21, 2020.

Todays announcement builds on the data collected in a Geotechnical and Geophysical Desktop Study also released today, which includes information on the middle continental shelf off the shore of New York and New Jersey, where BOEM lease requests are shaping activity, creating a regional overview of the seafloor and sub-seafloor environment as it relates to offshore wind development.

Strong knowledge of environmental conditions and factors, including seabed soil conditions, are essential for the installation of offshore projects, such as Long Island proposals, but only a limited amount of soil sampling and testing has been undertaken to date.

The collection of geophysical and geotechnical data from areas off of New Yorks Atlantic coast is yet another demonstration of New Yorks leadership promoting the responsible development of offshore wind. The data generated by this initiative will ultimately lead to better projects, lower cost, and enhanced safety. New York is leading the way to a clean energy future, as the state finalizes renewable project contracts that expand capacity, and relying on data collection and sound science to get us there, New York Offshore Wind Alliance Director Joe Martens said.

 

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Russia Builds Power Lines to Reactivate Zaporizhzhia Plant

Zaporizhzhia Nuclear Plant Restart signals new high-voltage transmission lines to Mariupol, Rosatom grid integration, and IAEA-monitored safety amid occupied territory risks, cooling system shortfalls after the Kakhovka dam collapse, and disputed international law.

 

Key Points

A Russian plan to reconnect and possibly restart ZNPP via power lines, despite IAEA safety, cooling, and legal risks.

✅ 80 km high-voltage link toward Mariupol confirmed by imagery

✅ IAEA warns of safety risks and militarization at the site

✅ Cooling capacity limited after Kakhovka dam destruction

 

Russia is actively constructing new power lines to facilitate the restart of the Zaporizhzhia Nuclear Power Plant (ZNPP), Europe's largest nuclear facility, which it seized from Ukraine in 2022. Satellite imagery analyzed by Greenpeace indicates the construction of approximately 80 kilometers (50 miles) of high-voltage transmission lines and pylons connecting the plant to the Russian-controlled port city of Mariupol. This development marks the first tangible evidence of Russia's plan to reintegrate the plant into its energy infrastructure.

Strategic Importance of Zaporizhzhia Nuclear Power Plant

The ZNPP, located on the eastern bank of the Dnipro River in Enerhodar, was a significant asset in Ukraine's energy sector before its occupation. Prior to the war, the plant was connected to Ukraine's national grid, which later saw resumed electricity exports, via four 750-kilovolt lines, two of which passed through Ukrainian-controlled territory and two through areas under Russian control. The ongoing conflict has damaged these lines, complicating efforts to restore the plant's operations.

In March 2022, Russian forces captured the plant, and by 2023, all six of its reactors had been shut down. Despite this, Russian authorities have expressed intentions to restart the facility. Rosatom, Russia's state nuclear corporation, has identified replacing the power grid as one of the critical steps necessary for resuming operations, even as Ukraine pursues more resilient wind power to bolster its energy mix.

Environmental and Safety Concerns

The construction of new power lines and the potential restart of the ZNPP have raised significant environmental and safety concerns, as the IAEA has warned of nuclear risks from grid attacks in recent assessments. Greenpeace has reported that the plant's cooling system has been compromised due to the destruction of the Kakhovka Reservoir dam in 2023, which previously supplied cooling water to the plant. Currently, the plant relies on wells for cooling, which are insufficient for full-scale operations.

Additionally, the International Atomic Energy Agency (IAEA) has expressed concerns about the militarization of the plant. Reports indicate that Russian forces have established defensive positions and trenches around the facility, with mines found at ZNPP by UN inspectors, raising the risk of accidents and complicating efforts to ensure the plant's safety.

International Reactions and Legal Implications

Ukraine and the international community have condemned Russia's actions as violations of international law and Ukrainian sovereignty. Ukrainian officials have argued that the construction of power lines and the potential restart of the ZNPP constitute illegal activities in occupied territory. The IAEA has called for a ceasefire to allow for necessary safety improvements and to facilitate inspections of the plant, as a possible agreement on power plant attacks could underpin de-escalation efforts.

The United States has also expressed concerns, with President Donald Trump reportedly proposing the inclusion of the ZNPP in peace negotiations, which sparked controversy among Ukrainian and international observers, even suggesting the possibility of transferring control to American companies. However, Russia has rejected such proposals, reaffirming its intention to maintain control over the facility.

The construction of new power lines to the Zaporizhzhia Nuclear Power Plant signifies Russia's commitment to reintegrating the facility into its energy infrastructure. However, this move raises significant environmental, safety, and legal concerns, and a proposal to control Ukraine's nuclear plants remains controversial among stakeholders. The international community continues to monitor the situation closely, urging for adherence to international laws and standards to prevent potential nuclear risks.

 

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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American Households Struggle with Sky-High Energy Bills During Extreme Summer Heat

US Summer Energy Bills Crisis is driven by record heatwaves, soaring electricity prices, AC cooling demand, energy poverty risks, and LIHEAP relief, straining low-income households, vulnerable seniors, and budgets amid volatile utilities and peak demand.

 

Key Points

Rising household energy costs from extreme heat, higher electricity prices, and AC demand, straining vulnerable families.

✅ Record heatwaves drive peak electricity and cooling loads

✅ Tiered rates and volatile markets inflate utility bills

✅ LIHEAP aid and cooling centers offer short-term relief

 

As the sweltering heat of summer continues to grip much of the United States, American households are grappling with a staggering rise in energy bills. The combination of record-breaking temperatures and rising electricity prices is placing an unprecedented financial strain on families, raising concerns about the long-term impact on household budgets and overall well-being.

Record Heat and Energy Consumption

This summer has witnessed some of the hottest temperatures on record across the country. With many regions experiencing prolonged heatwaves, the demand for air conditioning and cooling systems has surged amid unprecedented electricity demand across parts of the U.S. The increased use of these energy-intensive appliances has led to a sharp rise in electricity consumption, which, combined with elevated energy prices, has pushed household energy bills to new heights.

The situation is particularly dire for households that are already struggling financially. Many families are facing energy bills that are not only higher than usual but are reaching levels that are unsustainable, underscoring electricity struggles for thousands of families across the country. This has prompted concerns about the potential for energy poverty, where individuals are forced to make difficult choices between paying for essential services and covering other necessary expenses.

Impact on Low-Income and Vulnerable Households

Low-income households and vulnerable populations are disproportionately affected by these soaring energy costs. For many, the financial burden of high energy bills is compounded by energy insecurity during the pandemic and other economic pressures, such as rising food prices and stagnant wages. The strain of paying for electricity during extreme heat can lead to tough decisions, including cutting back on other essential needs like healthcare or education.

Moreover, the heat itself poses a serious health risk, particularly for the elderly, children, and individuals with pre-existing health conditions. High temperatures can exacerbate conditions such as cardiovascular and respiratory illnesses, making the need for reliable cooling even more critical. For those struggling to afford adequate cooling, the risk of heat-related illnesses and fatalities increases significantly.

Utilities and Energy Pricing

The sharp rise in energy bills can be attributed to several factors, including higher costs of electricity production and distribution. The ongoing transition to cleaner energy sources, while necessary for long-term environmental sustainability, has introduced short-term volatility in energy markets. Additionally, power-company supply chain crises and increased demand during peak summer months have contributed to higher prices.

Utilities are often criticized for their pricing structures, which can be complex and opaque. Some regions, including areas where California electricity bills soar under scrutiny, use tiered pricing models that charge higher rates as energy consumption increases. This can disproportionately impact households that need to use more energy during extreme heat, further exacerbating financial strain.

Government and Community Response

In response to the crisis, various government and community initiatives are being rolled out to provide relief. Federal and state programs aimed at assisting low-income households with energy costs are being expanded. These programs, such as the Low-Income Home Energy Assistance Program (LIHEAP), offer financial assistance to help with utility bills, but demand often outstrips available resources.

Local community organizations are also stepping in to offer support. Initiatives include distributing fans and portable air conditioners, providing temporary cooling centers, and offering financial assistance to help cover energy costs. These efforts are crucial in helping to mitigate the immediate impact of high energy bills on vulnerable households.

Long-Term Solutions and Sustainability

The current crisis highlights the need for long-term solutions to address both the causes and consequences of high energy costs. Investing in energy efficiency and renewable energy technologies can help reduce the overall demand for electricity and lower long-term costs. Improvements in building insulation, the adoption of energy-efficient appliances, and advancements in smart grid technologies to prevent summer power outages are all essential components of a sustainable energy future.

Furthermore, addressing income inequality and supporting economic stability are critical to ensuring that all households can manage their energy needs without facing financial hardship. Policymakers will need to consider a range of strategies, including financial support programs, regulatory reforms, and infrastructure investments, to create a more equitable and resilient energy system.

Conclusion

As American households endure the double burden of extreme summer heat and skyrocketing energy bills, the need for immediate relief and long-term solutions has never been clearer. The current crisis serves as a reminder of the broader challenges facing the nation’s energy system and the importance of addressing both short-term needs and long-term sustainability. By investing in efficient technologies, supporting vulnerable populations, and developing resilient infrastructure, the U.S. can work towards a future where energy costs are manageable, and everyone has access to the resources they need to stay safe and comfortable.

 

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