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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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Iran Combined-Cycle Power Plants drive energy efficiency, cut greenhouse gases, and expand megawatt capacity by converting thermal units; MAPNA-led upgrades boost grid reliability, reduce fuel use, and accelerate electricity generation growth nationwide.

Key Points

Upgraded thermal plants that reuse waste heat to boost efficiency, cut emissions, and add capacity to Iran's grid.

✅ 27 thermal plants converted; 160 more viable units identified

✅ Adds 12,600 MW capacity via heat recovery steam generators

✅ Combined-cycle share: 31.2% of 80.509 GW capacity

Iran has turned six percent of its thermal power plans into combined cycle plants in order to reduce greenhouse gases and save energy, with potential to lift thermal plants' PLF under rising demand, IRNA reported, quoting an energy official.

According to the MAPNA Group’s Managing Director Abbas Aliabadi, so far 27 thermal power plants have been converted to combined-cycle ones, aligning with Iran’s push to transmit power to Europe as a regional hub.

“The conversion of a thermal power plant to a combined cycle one takes about one to two years, however, it is possible for us to convert all the country’s thermal power plants into combined cycle plants over a five-year period.

Currently, a total of 478 thermal power plants are operating throughout Iran, of which 160 units could be turned into combined cycle plants. In doing so, 12,600 megawatts will be added to the country’s power capacity, supporting ongoing exports such as supplying a large share of Iraq's electricity under existing arrangements.

Related cross-border work includes deals to rehabilitate Iraq's power grid that support future exchanges.

As reported by IRNA on Wednesday, Iran’s Nominal electricity generation capacity has reached 80,509 megawatts (80.509 gigawatts), and it is deepening energy cooperation with Iraq to bolster regional reliability. The country increased its electricity generation capacity by 500 megawatts (MW) compared to the last year (ended on March 20).

Currently, with a total generation capacity of 25,083 MW (31.2 percent) combined cycle power plants account for the biggest share in the country’s total power generation capacity followed by gas power plants generating 29.9 percent, amid global trends where renewables are set to eclipse coal and regional moves such as Israel's coal reduction signal accelerating shifts. EF/MA

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DOE CCUS Funding advances carbon capture, utilization, and storage with FEED studies, regional deployment, and CarbonSAFE site characterization, leveraging 45Q tax credits to scale commercial CO2 reduction across fossil energy sectors.

Key Points

DOE CCUS Funding are federal FOAs for commercial carbon capture, storage, and utilization via FEED and CarbonSAFE.

✅ $110M across FEED, Regional, and CarbonSAFE FOAs

✅ Supports Class VI permits, NEPA, and site characterization

✅ Enables 45Q credits and enhanced oil recovery utilization

The U.S. Department of Energy’s (DOE’s) Office of Fossil Energy (FE) has announced approximately $110 million in federal funding for cost-shared research and development (R&D) projects under three funding opportunity announcements (FOAs), alongside broader carbon-free electricity investments across the power sector.

Approximately $75M is for awards selected under two FOAs announced earlier this fiscal year; $35M is for a new FOA.

These FOAs further the Administration’s commitment to strengthening coal while protecting the environment. Carbon capture, utilization, and storage (CCUS) is increasingly becoming widely accepted as a viable option for fossil-based energy sources—such as coal- or gas-fired power plants under new EPA power plant rules and other industrial sources—to lower their carbon dioxide (CO2) emissions.

DOE’s program has successfully deployed various large-scale CCUS pilot and demonstration projects, and it is imperative to build upon these learnings to test, mature, and prove CCUS technologies at the commercial scale. A recent study by Science of the Total Environment found that DOE is the most productive organization in the world in the carbon capture and storage field.

“This Administration is committed to providing cost-effective technologies to advance CCUS around the world,” said Secretary Perry. “CCUS technologies are vital to ensuring the United States can continue to safely use our vast fossil energy resources, and we are proud to be a global leader in this field.”

“CCUS technologies have transformative potential,” said Assistant Secretary for Fossil Energy Steven Winberg. “Not only will these technologies allow us to utilize our fossil fuel resources in an environmentally friendly manner, but the captured CO2 can also be utilized in enhanced oil recovery and emerging CO2-to-electricity concepts, which would help us maximize our energy production.”

Under the first FOA award, Front-End Engineering Design (FEED) Studies for Carbon Capture Systems on Coal and Natural Gas Power Plants, DOE has selected nine projects to receive $55.4 million in federal funding for cost-shared R&D. The selected projects will support FEED studies for commercial-scale carbon capture systems. Find project descriptions HERE. 

Under the second FOA award, Regional Initiative to Accelerate CCUS Deployment, DOE selected four projects to receive up to $20 million in federal funding for cost-shared R&D. The projects also advance existing research and development by addressing key technical challenges; facilitating data collection, sharing, and analysis; evaluating regional infrastructure, including CO2 storage hubs and pipelines; and promoting regional technology transfer. Additionally, this new regional initiative includes newly proposed regions or advanced efforts undertaken by the previous Regional Carbon Sequestration Partnerships (RCSP) Initiative. Find project descriptions HERE. 

Elsewhere in North America, provincial efforts such as Quebec's and industry partners like Cascades are investing in energy efficiency projects to complement emissions-reduction goals.

Under the new FOA, Carbon Storage Assurance Facility Enterprise (CarbonSAFE): Site Characterization and CO2 Capture Assessment, DOE is announcing up to $35 million in federal funding for cost-shared R&D projects that will accelerate wide-scale deployment of CCUS through assessing and verifying safe and cost-effective anthropogenic CO2 commercial-scale storage sites, and carbon capture and/or purification technologies. These types of projects have the potential to take advantage of the 45Q tax credit, bolstered by historic U.S. climate legislation, which provides a tax credit for each ton of CO2 sequestered or utilized. The credit was recently increased to $35/metric ton for enhanced oil recovery and $50/metric ton for geologic storage.

Projects selected under this new FOA shall perform the following key activities: complete a detailed site characterization of a commercial-scale CO2 storage site (50 million metric tons of captured CO2 within a 30 year period); apply and obtain an underground injection control class VI permit to construct an injection well; complete a CO2capture assessment; and perform all work required to obtain a National Environmental Policy Act determination for the site.

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SaskPower Summer Power Demand Record hits 3,520 MW as heat waves drive electricity consumption; grid capacity, renewables expansion, and energy efficiency tips highlight efforts to curb greenhouse gas emissions while meeting Saskatchewan's growing load.

Key Points

The latest summer peak load in Saskatchewan: 3,520 MW, driven by heat, with plans to expand capacity and lower emissions.

✅ New peak surpasses last August by 50 MW to 3,520 MW.

✅ Capacity target: 7,000 MW by 2030 with more renewables.

✅ Tips: AC settings, close blinds, delay heat-producing chores.

As the mercury continues to climb in Saskatchewan, where Alberta's summer electricity record offers a regional comparison, SaskPower says the province has set a new summer power demand record.

The Crown says the new record is 3,520 megawatts. It’s an increase of 50 megawatts over the previous record, or enough electricity for 50,000 homes.

“We’ve seen both summer and winter records set every year for a good while now. And if last summer is any indication, we could very well see another record before temperatures cool off heading into the fall,” said SaskPower Vice President of Transmission and Industrial Services Kory Hayko in a written release. “It’s not impossible we’ll break this record again in the coming days. It’s SaskPower’s responsibility to ensure that Saskatchewan people and businesses have the power they need to thrive. That’s what drives our investment of $1 billion every year, as outlined in our annual report, to modernize and grow the province’s electrical system.”

The previous summer consumption record of 3,740 megawatts was set last August, and similar extremes in the Yukon electricity demand highlight broader demand pressures this year. The winter demand record remains higher at 3,792 megawatts, set on Dec. 29, 2017.

SaskPower says it plans to expand its generation capacity from 4,500 megawatts now to 7,000 megawatts in 2030, with a focus on decreasing greenhouse gas emissions and doubling renewable electricity by 2030 as part of its strategy.

To reduce power bills, the Crown suggests turning down or programming air conditioning when residents aren’t home, inspecting the air conditioner to make sure it is operating efficiently, keeping blinds closed to keep out direct sunlight, delaying chores that produce heat and making sure electronics are turned off when people leave the room.

The new record beats the previous summer peak of 3,470 MW, set last August after also being broken twice in July. The winter demand record is still higher at 3,792 MW, which was set on December 29, 2017. To meet growing power demand, and amid projections that Manitoba's electrical demand could double in the next 20 years, SaskPower is expanding its generation capacity from approximately 4,500 MW now to 7,000 MW by 2030 while also reducing greenhouse gas emissions by 40 per cent from 2005 levels. To accomplish this, we will be significantly increasing the amount of renewables on our system.

Cooling and heating represents approximately a quarter of residential power bills. To reduce consumption and power bills during heat waves, SaskPower’s customers can:

Turn down or program the air conditioning when no one is home (for every degree that air conditioning is lowered for an eight-hour period, customers can save up to two per cent on their power costs);

Consider having their air conditioning unit inspected to make sure it is operating efficiently;

Keep the heat out by closing blinds and drapes, especially those with direct sunlight;

Delay chores that produce heat and moisture, like dishwashing and laundering, until the cooler parts of the day or evening; and

As with any time of the year, make sure lights, televisions and other electronics are turned off when no one's in the room. For example, a modern gaming console can use as much power as a refrigerator.

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Australia's greenhouse gas emissions rose in Q2 as electricity and transport pollution increased, despite renewable energy growth. Net zero targets, carbon dioxide equivalent metrics, and land use changes underscore mixed trends in decarbonisation.

Key Points

About 499-500 Mt CO2-e annually, with a 2% quarterly rise led by electricity and transport.

✅ Q2 emissions rose to 127 Mt from 124.4 Mt seasonally adjusted

✅ Electricity sector up to 41.6 Mt; transport added nearly 1 Mt

✅ Land use remains a net sink; renewables expanded capacity

Australia’s greenhouse gas emissions rose in the June quarter by about 2% as pollution from the electricity sector and transport increased.

Figures released on Tuesday by the Morrison government showed that on a year to year basis, emissions for the 12 months to last June totalled 498.9m tonnes of carbon dioxide equivalent. That tally was down 2.1%, or 10.8m tonnes compared with the same period a year earlier.

However, on a seasonally adjusted quarterly basis, emissions increased to 127m tonnes, or just over 2%, from the 124.4m tonnes reported in the March quarter. For the year to March, emissions totalled 494.2m tonnes, underscoring the pickup in pollution in the more recent quarter even as global coal power declines worldwide.

A stable pollution rate, if not a rising one, is also implied by the government’s release of preliminary figures for the September quarter. They point to 125m tonnes of emissions in trend terms for the July-September months, bringing the year to September total to about 500m tonnes, the latest report said.

The government has made much of Australia “meeting and beating” climate targets. However, the latest statistics show mostly emissions are not in decline despite its pledge ahead of the Glasgow climate summit that the country would hit net zero by 2050, and AEMO says supply can remain uninterrupted as coal phases out over the next three decades.

“Nothing’s happening except for the electricity sector,” said Hugh Saddler, an honorary associate professor at the Australian National University. Once Covid curbs on the economy eased, such as during the current quarter, emission sources such as from transport will show a rise, he predicted.

Falling costs for new wind and solar farms, with the IEA naming solar the cheapest in history worldwide, are pushing coal and gas out of electricity generation, as well as pushing down power prices. In seasonally adjusted terms, though, emissions for that sector rose from 39.7m tonnes the March quarter to 41.6m in the June one.

Most other sectors were steady, with pollution from transport adding almost 1m tonnes in the June quarter.

On an annual basis, a 500m tonnes tally is the lowest since records began in the 1990s, and IEA reported global emissions flatlined in 2019 for context. That lower trajectory, though, is lower due much to the land sector remaining a net sink even as some experts raise questions about the true trends when it comes to land clearing.

According to the government, this sector – known as land use, land-use change and forestry – amounted to a net reduction of emissions of 24.4m tonnes, or almost negative 5% of the national total, in the year to June.

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“The magnitude of this net sink has decreased by 0.6% (0.2 Mt CO2-e) on the previous 12 months due to an increase in emissions from agricultural soils, partially offset by a continuing decline in land clearing emissions,” the latest report said.

For its part, the government also touted the increase of renewable energy, as seen in Canada's electricity progress too, as central to driving emissions lower.

“Since 2017, Australia’s consumption of renewable energy has grown at a compound annual rate of 4.6%, with more than $40bn invested in Australia’s renewable energy sector,” Angus Taylor, the federal energy minister said, while UK net zero policy changes show a different approach. “Last year, Australia deployed new solar and wind at eight times the global per capita average.”

ANU’s Saddler said the main driver had been the 2020 Renewable Energy Target that the Coalition government had cut, and had anyway been implemented “a very considerable time ago”.

Tim Baxter, the Climate Council’s senior researcher, said “the time for leaning on the achievements of others is long since past”.

“We need a federal government willing to step up on emissions reductions and take charge with real policy, not wishlists,” he said, referring to the government’s net zero plan to rely on technologies to cut pollution in pursuit of a sustainable electric planet in practice, some of which don’t exist now.

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Hong Kong Typhoon Mangkhut Power Outages strain households with blackouts, electricity disruption, and humid heat, impacting Tin Ping Estate in Sheung Shui and outlying islands; contractor-led restoration faces fines for delays and infrastructure repairs.

Key Points

They are blackout events after Typhoon Mangkhut, bringing heat stress, food spoilage, and delayed power restoration.

✅ 16 floors in Tin Ping Estate lost power after meter room blast.

✅ Contractor faces HK$100,000 daily fines for late restoration.

✅ Kat O and Ap Chau families remain off-grid in humid heat.

Nearly 600 Hong Kong families are still sweltering under the summer heat and facing dark nights without electricity after Typhoon Mangkhut cut off power supply to areas, echoing mass power outages seen elsewhere.

At Sheung Shui’s Tin Ping Estate in the New Territories, 384 families were still without power, a situation similar to the LA-area blackout that left many without service. They were told on Tuesday that a contractor would rectify the situation by Friday, or be fined HK$100,000 for each day of delay.

In remote areas such as outlying islets Kat O and Ap Chau, there were some 200 families still without electricity, similar to Tennessee storm outages affecting rural communities.

The power outage at Tin Ping Estate affected 16 floors – from the 11th to 26th – in Tin Cheung House after a blast from the meter room on the 15th floor was heard at about 5pm on Sunday, and authorities urged residents to follow storm electrical safety tips during repairs.

“I was sitting on the sofa when I heard a loud bang,” said Lee Sau-king, 61, whose flat was next to the meter room. “I was so scared that my hands kept trembling.”

While the block’s common areas and lifts were not affected, flats on the 16 floors encountered blackouts.

As her fridge was out of power, Lee had to throw away all the food she had stocked up for the typhoon. With the freezer not functioning, her stored dried seafood became soaked and she had to dry them outside the window when the storm passed.

Daily maximum temperatures rose back to 30 degrees Celsius after the typhoon, and nights became unbearably humid, as utilities worldwide pursue utility climate adaptation to maintain reliability. “It’s too hot here. I can’t sleep at all,” Lee said.

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