NERC reports on summer peak demands

By North American Electric Reliability Corporation


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ATLANTA – Most of North America has sufficient resources available to meet summer peak demands, the North American Electric Reliability Corporation’s NERC 2012 Summer Reliability Assessment finds. However, planning reserve margins in the Electric Reliability Council of Texas ERCOT assessment area are projected to be below the NERC Reference Margin Level, the threshold by which resource adequacy is measured.

In California, reserves are projected to be tight, but manageable, through the summer months.

"Reduced planning reserves in certain areas will challenge operations this summer," said Mark Lauby, vice president and director of Reliability Assessment and Performance Analysis. "NERC has reviewed the operating procedures and preparations in the assessment areas, and in most areas they appear to be sufficient to meet these challenges."

Since summer 2011, capacity resources have grown across North America by approximately 12,310 megawatts, most notably within the SERC Reliability Corporation and the Northeast Power Coordinating Council areas. Compared to the 2011 projections, NERC-wide total peak demand forecast is 3,700 MW lower. The largest increase in peak demand is expected in ERCOT, where a 1.7 percent increase is projected.

"With continued growth in peak demand and only a small amount of new generation coming online, resource adequacy levels in ERCOT have fallen below targets," said John Moura, manager of Reliability Assessment at NERC.

"If ERCOT experiences stressed system conditions or record-breaking electricity demand due to extreme and prolonged high temperatures, system operators will most likely rely on demand response and emergency operating procedures, which may include initiating rotating outages to maintain the reliability of the interconnection," Moura added."

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Clorox accelerates goal of achieving 100% renewable electricity in the U.S. and Canada to 2021

Clorox Enel 70 MW VPPA accelerates renewable energy, sourcing Texas solar from the Roadrunner project to support 100% renewable electricity, Scope 2 reductions, and grid decarbonization through a virtual power purchase agreement starting in 2021.

 

Key Points

A 12-year virtual power purchase agreement for 70 MW of Texas solar to advance Clorox's 100% renewable electricity goal.

✅ 12-year contract supporting 100% renewable electricity by 2021

✅ Supplies 70 MW from Enel's Roadrunner solar project in Texas

✅ Cuts Scope 2 emissions via grid-delivered virtual PPA

 

The Clorox Company and a wholly owned subsidiary of Enel Green Power North America announced today the signing of a 12-year, 70 megawatt (MW) virtual power purchase agreement (VPPA) for the purchase of renewable energy, aligned with carbon-free electricity investments across the power sector beginning in 2021. Representing about half of Clorox's 100% renewable electricity goal in its operations in the U.S. and Canada, this agreement is expected to help Clorox accelerate achieving its goal in 2021, four years ahead of the company's original plan.

"Climate change and rising greenhouse gas emissions pose a real threat to the health of our planet and ultimately the long-term well-being of people globally. That's why we've taken action for more than 10 years to measure and reduce the carbon footprint of our operations," said Benno Dorer, chair and CEO, The Clorox Company. "Our agreement with Enel helps to expand U.S. renewable energy infrastructure, reflecting our view that companies like Clorox play an important role in addressing global climate change, as landmark policies like the U.S. climate deal further accelerate the transition. We believe this agreement will significantly contribute toward Clorox achieving our goal of 100% renewable electricity in our operations in the U.S. and Canada in 2021, four years earlier than originally planned. Our commitment to climate stewardship is an important pillar of our new IGNITE strategy and part of our overall efforts to drive Good Growth – growth that's profitable, sustainable and responsible."

The 70MW VPPA between Clorox and Enel Green Power North America for the purchase of renewable energy delivered to the electricity grid is for the second phase of Enel's Roadrunner solar project to be built in Texas, and complement global clean energy collaborations such as Canada-Germany hydrogen cooperation announced recently. Roadrunner is a 497-direct current megawatt (MWdc) solar project that is being built in two phases. The first phase, currently under construction, comprises around 252 MWdc and is expected to be completed by the end of 2019, while the remaining 245 MWdc of capacity is expected to be completed by the end of 2020. Once fully operational, the solar plant could generate up to 1.2 terawatt-hours (TWh) of electricity annually, while avoiding an estimated 800,000 metric tons of carbon dioxide emissions per year.

Based on the U.S. Environmental Protection Agency Greenhouse Gas Equivalencies Calculator[i], this VPPA is estimated to avoid approximately 140,000 metric tons of CO2 emissions each year. This is equivalent to the annual impact that 165,000 acres of U.S. forest can have in removing CO2 from the atmosphere, and illustrates why cleaning up Canada's electricity is central to emissions reductions in the power sector, or the carbon impact of the electricity needed to power more than 24,000 U.S. homes annually.

"We are proud to support Clorox on their path towards 100% renewable electricity in its operations in the U.S. and Canada by helping them achieve about half their goal through this agreement," said Georgios Papadimitriou, head of Enel Green Power North America. "This agreement with Clorox reinforces the continued significance of renewable energy as a fundamental part of any company's sustainability strategy."

Schneider Electric Energy & Sustainability Services advised Clorox on this power purchase agreement and, amid heightened investor attention exemplified by the Duke Energy climate report, supported the company in its project selection, analysis, negotiations and deal execution.

 

Clorox Commits to Scope 1, 2 and 3 Science-Based Targets

For more than 10 years, Clorox has consistently achieved its goals to reduce greenhouse gas emissions in its operations. Clorox is focused on setting emissions reduction targets in line with climate science. As a participant in the Science Based Targets Initiative, Clorox has committed to setting and achieving science-based greenhouse gas emissions reduction targets in its operations (Scopes 1 and 2) and across its value chain (Scope 3), and consistent with national pathways such as Canada's net-zero 2050 target pursued by policymakers. The targets are considered "science-based" if they are in line with what the latest climate science says is necessary to meet the goals of the 2015 Paris Agreement – a global environmental accord to address climate change and its negative impacts.

Clorox's climate stewardship goals are part of its new integrated corporate strategy called IGNITE, which includes several other environmental, social and governance (ESG) goals and reflects lessons from Canada's electricity progress in scaling clean power. More comprehensive information about Clorox's IGNITE ESG goals can be found here. Information on Clorox's 2020 ESG strategy can be found in its fiscal year 2019 annual report.

 

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Grounding and Bonding and The NEC - Section 250

Electrical Grounding and Bonding NEC 250 Training equips electricians with Article 250 expertise, OSHA compliance knowledge, lightning protection strategies, and low-impedance fault current path design for safer industrial, commercial, and institutional power systems.

 

Key Points

Live NEC 250 course on grounding and bonding, covering safety, testing, and OSHA-compliant design.

✅ Interprets NEC Article 250 grounding and bonding rules

✅ Designs low-impedance fault current paths for safety

✅ Aligns with OSHA, lightning protection, and testing best practices

 

The Electricity Forum is organizing a series of live online Electrical Grounding and Bonding - NEC 250 training courses this Fall:

  • September 8-9 , 2020 - 10:00 am - 4:30 pm ET
  • October 29-30 , 2020 - 10:00 am - 4:30 pm ET
  • November 23-24 , 2020 - 10:00 am - 4:30 pm ET

 

This interactive 12-hour live online instructor-led  Grounding and Bonding and the NEC Training course takes an in-depth look at Article 250 of the National Electrical Code (NEC) and is designed to give students the correct information they need to design, install and maintain effective electrical grounding and bonding systems in industrial, commercial and institutional power systems, with substation maintenance training also relevant in many facilities.

One of the most important AND least understood sections of the NEC is the section on Electrical Grounding, where resources like grounding guidelines can help practitioners navigate key concepts.

No other section of the National Electrical Code can match Article 250 (Grounding and Bonding) for confusion that leads to misapplication, violation, and misinterpretation. It's generally agreed that the terminology used in Section 250 has been a source for much confusion for industrial, commercial and institutional electricians. Thankfully, this has improved during the last few revisions to Article 250.

Article 250 covers the grounding requirements for providing a path to the earth to reduce overvoltage from lightning, with lightning protection training providing useful context, and the bonding requirements for a low-impedance fault current path back to the source of the electrical supply to facilitate the operation of overcurrent devices in the event of a ground fault.

Our Electrical Grounding Training course will address all the latest changes to  the Electrical Grounding rules included in the NEC, and relate them to VFD drive training considerations for modern systems.

Our course will cover grounding fundamentals, identify which grounding system tests can prevent safety and operational issues at your facilities, and introduce related motor testing training topics, and details regarding which tests can be conducted while the plant is in operation versus which tests require a shutdown will be discussed. 

Proper electrical grounding and bonding of equipment helps ensure that the electrical equipment and systems safely remove the possibility of electric shock, by limiting the voltage imposed on electrical equipment and systems from lightning, line surges, unintentional contact with higher-voltage lines, or ground-fault conditions. Proper grounding and bonding is important for personnel protection, with electrical safety tips offering practical guidance, as well as for compliance with OSHA 29 CFR 1910.304(g) Grounding.

It has been determined that more than 70 per cent of all electrical problems in industrial, commercial and institutional power systems, including large projects like the New England Clean Power Link, are due to poor grounding, and bonding errors. Without proper electrical grounding and bonding, sensitive electronic equipment is subjected to destruction of data, erratic equipment operation, and catastrophic damage. This electrical grounding and bonding training course will National Electrical Code.

Complete course details here:

https://electricityforum.com/electrical-training/electrical-grounding-nec

 

 

 

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Congressional Democrats push FERC to act on aggregated DERs

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

 

Key Points

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

? Opens wholesale market access for aggregated DER portfolios

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

? Raises jurisdictional questions between FERC and state regulators

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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Europe’s Big Oil Companies Are Turning Electric

European Oil Majors Energy Transition highlights BP, Shell, and Total rapidly scaling renewables, wind and solar assets, hydrogen, electricity, and EV charging while cutting upstream capex, aligning with net-zero goals and utility-style energy services.

 

Key Points

It is the shift by BP, Shell, Total and peers toward renewables, electricity, hydrogen, and EV charging to meet net-zero goals.

✅ Offshore wind, solar, and hydrogen projects scale across Europe

✅ Capex shifts, fossil output declines, net-zero targets by 2050

✅ EV charging, utilities, and power trading become core services

 

Under pressure from governments and investors, including rising investor pressure at utilities that reverberates across the sector, industry leaders like BP and Shell are accelerating their production of cleaner energy.

This may turn out to be the year that oil giants, especially in Europe, started looking more like electric companies.

Late last month, Royal Dutch Shell won a deal to build a vast wind farm off the coast of the Netherlands. Earlier in the year, France’s Total, which owns a battery maker, agreed to make several large investments in solar power in Spain and a wind farm off Scotland. Total also bought an electric and natural gas utility in Spain and is joining Shell and BP in expanding its electric vehicle charging business.

At the same time, the companies are ditching plans to drill more wells as they chop back capital budgets. Shell recently said it would delay new fields in the Gulf of Mexico and in the North Sea, while BP has promised not to hunt for oil in any new countries.

Prodded by governments and investors to address climate change concerns about their products, Europe’s oil companies are accelerating their production of cleaner energy — usually electricity, sometimes hydrogen — and promoting natural gas, which they argue can be a cleaner transition fuel from coal and oil to renewables, as carbon emissions drop in power generation.

For some executives, the sudden plunge in demand for oil caused by the pandemic — and the accompanying collapse in earnings — is another warning that unless they change the composition of their businesses, they risk being dinosaurs headed for extinction.

This evolving vision is more striking because it is shared by many longtime veterans of the oil business.

“During the last six years, we had extreme volatility in the oil commodities,” said Claudio Descalzi, 65, the chief executive of Eni, who has been with that Italian company for nearly 40 years. He said he wanted to build a business increasingly based on green energy rather than oil.

“We want to stay away from the volatility and the uncertainty,” he added.

Bernard Looney, a 29-year BP veteran who became chief executive in February, recently told journalists, “What the world wants from energy is changing, and so we need to change, quite frankly, what we offer the world.”

The bet is that electricity will be the prime means of delivering cleaner energy in the future and, therefore, will grow rapidly as clean-energy investment incentives scale globally.

American giants like Exxon Mobil and Chevron have been slower than their European counterparts to commit to climate-related goals that are as far reaching, analysts say, partly because they face less government and investor pressure (although Wall Street investors are increasingly vocal of late).

“We are seeing a much bigger differentiation in corporate strategy” separating American and European oil companies “than at any point in my career,” said Jason Gammel, a veteran oil analyst at Jefferies, an investment bank.

Companies like Shell and BP are trying to position themselves for an era when they will rely much less on extracting natural resources from the earth than on providing energy as a service tailored to the needs of customers — more akin to electric utilities than to oil drillers.

They hope to take advantage of the thousands of engineers on their payrolls to manage the construction of new types of energy plants; their vast networks of retail stations to provide services like charging electric vehicles; and their trading desks, which typically buy and hedge a wide variety of energy futures, to arrange low-carbon energy supplies for cities or large companies.

All of Europe’s large oil companies have now set targets to reduce the carbon emissions that contribute to climate change. Most have set a ”net zero” ambition by 2050, a goal also embraced by governments like the European Union and Britain.

The companies plan to get there by selling more and more renewable energy and by investing in carbon-free electricity across their portfolios, and, in some cases, by offsetting emissions with so-called nature-based solutions like planting forests to soak up carbon.

Electricity is the key to most of these strategies. Hydrogen, a clean-burning gas that can store energy and generate electric power for vehicles, also plays an increasingly large role.

The coming changes are clearest at BP. Mr. Looney said this month that he planned to increase investment in low-emission businesses like renewable energy by tenfold in the next decade to $5 billion a year, while cutting back oil and gas production by 40 percent. By 2030, BP aims to generate renewable electricity comparable to a few dozen large offshore wind farms.

Mr. Looney, though, has said oil and gas production need to be retained to generate cash to finance the company’s future.

Environmentalists and analysts described Mr. Looney’s statement that BP’s oil and gas production would decline in the future as a breakthrough that would put pressure on other companies to follow.

BP’s move “clearly differentiates them from peers,” said Andrew Grant, an analyst at Carbon Tracker, a London nonprofit. He noted that most other oil companies had so far been unwilling to confront “the prospect of producing less fossil fuels.”

While there is skepticism in both the environmental and the investment communities about whether century-old companies like BP and Shell can learn new tricks, they do bring scale and know-how to the task.

“To make a switch from a global economy that depends on fossil fuels for 80 percent of its energy to something else is a very, very big job,” said Daniel Yergin, the energy historian who has a forthcoming book, “The New Map,” on the global energy transition now occurring in energy. But he noted, “These companies are really good at big, complex engineering management that will be required for a transition of that scale.”

Financial analysts say the dreadnoughts are already changing course.

“They are doing it because management believes it is the right thing to do and also because shareholders are severely pressuring them,” said Michele Della Vigna, head of natural resources research at Goldman Sachs.

Already, he said, investments by the large oil companies in low-carbon energy have risen to as much as 15 percent of capital spending, on average, for 2020 and 2021 and around 50 percent if natural gas is included.

Oswald Clint, an analyst at Bernstein, forecast that the large oil companies would expand their renewable-energy businesses like wind, solar and hydrogen by around 25 percent or more each year over the next decade.

Shares in oil companies, once stock market stalwarts, have been marked down by investors in part because of the risk that climate change concerns will erode demand for their products. European electric companies are perceived as having done more than the oil industry to embrace the new energy era.

“It is very tricky for an investor to have confidence that they can pull this off,” Mr. Clint said, referring to the oil industry’s aspirations to change.

But, he said, he expects funds to flow back into oil stocks as the new businesses gather momentum.

At times, supplying electricity has been less profitable than drilling for oil and gas. Executives, though, figure that wind farms and solar parks are likely to produce more predictable revenue, partly because customers want to buy products labeled green.

Mr. Descalzi of Eni said converted refineries in Venice and Sicily that the company uses to make lower-carbon fuel from plant matter have produced better financial results in this difficult year than its traditional businesses.

Oil companies insist that they must continue with some oil and gas investments, not least because those earnings can finance future energy sources. “Not to make any mistake,” Patrick Pouyanné, chief executive of Total, said to analysts recently: Low-cost oil projects will be a part of the future.

During the pandemic, BP, Total and Shell have all scrutinized their portfolios, partly to determine if climate change pressures and lingering effects from the pandemic mean that petroleum reserves on their books — developed for perhaps billions of dollars, when oil was at the center of their business — might never be produced or earn less than previously expected. These exercises have led to tens of billions of dollars of write-offs for the second quarter, and there are likely to be more as companies recalibrate their plans.

“We haven’t seen the last of these,” said Luke Parker, vice president for corporate analysis at Wood Mackenzie, a market research firm. “There will be more to come as the realities of the energy transition bite.”

 

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Renewable power surpasses fossil fuels for first time in Europe

EU Renewable Power Overtakes Fossil Fuels, reflecting a greener energy mix as wind, solar, and hydro expand, cutting CO2 emissions and curbing coal while negative prices rise amid pandemic-driven demand drops.

 

Key Points

A milestone as renewables surpass fossil power in the EU, driven by wind, solar, hydro growth and pandemic demand.

✅ 40% renewables vs 34% fossil in H1 across 27 EU states

✅ Wind, solar, hydro rose; coal generation fell 32% year-on-year

✅ Lower demand, carbon prices, grid priority boosted clean output

 

Renewable power for the first time contributed a bigger share in the European generation mix than fossil fuels, as described in Europe's green surge as the fallout from the pandemic cut energy demand.

About 40 percent of the electricity in the first half in the 27 EU countries came from renewable sources, exceeding the global renewables share reported elsewhere, compared with 34 percent from plants burning fossil fuels, according to environmental group Ember in London. As a result, carbon dioxide emissions from the power sector fell 23 percent.

The rise is significant and encouraging for law makers as Europe prepares to spend billions of euros to recover from the virus, with wind power investments underscoring the momentum, and set the bloc on track to neutralize its carbon footprint by the middle of the century.

“This marks a symbolic moment ​in the transition of Europe’s electricity sector,” said Dave Jones, an electricity analyst at Ember. “For countries like Poland and Czech Republic grappling with how to get off coal, there is now a clear way out.”

While power demand slumped, output from wind and solar farms increased, reflecting global wind and solar gains, because more plants came online in breezy and sunny weather. At the same time, wet conditions boosted hydro power in Iberia and the Nordic markets.

Those conditions helped renewables become a rare bright spot throughout the economic tumult this year. In many areas, renewable sources of electricity have priority to the grid, meaning they could keep growing even as demand shrank and other power plants were turned off.

Electricity demand in the EU fell 7 percent overall. Fossil-fuel power generation plunged 18 percent in the first half compared with a year earlier. Renewable generation grew by 11 percent, according to Ember.

Coal was by far the biggest loser in 2020. It’s one of the most-polluting sources of power and its share is slumping in Europe as the price of carbon increases, with renewables surpassing coal in the US illustrating the broader shift, and governments move to cut emissions. Power from coal fell 32 percent across the EU.

Despite the economics, the decision to shut off coal for good will come down to political agreements between producers and governments, while reducing reliance on Russian energy reshapes policy debates.

One consequence of the jump in renewables is that negative prices have increased, as solar is reshaping prices in Northern Europe in similar ways. On particularly windy or sunny days when there isn’t much demand, the grid can be flooded with power. That’s leading wind farms to be shut off and customers to be paid to consume electricity.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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