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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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TransAlta Alberta Data Centre integrates AI, cloud computing, and renewable energy, tackling electricity demand, grid capacity, decarbonization, and energy storage with clean power, cooling efficiency, and PPA-backed supply for hyperscale workloads.

Key Points

TransAlta Alberta Data Centre is a planned AI facility powered mostly by renewables to meet high electricity demand.

✅ Targets partner exclusivity mid-year; ops 18-24 months post-contract.

✅ Supplies ~90% power via TransAlta; balance from market.

✅ Anchors $3.5B clean energy growth and storage in Alberta.

TransAlta Corp., one of Alberta’s leading power producers, is moving toward finalizing agreements with partners to establish a data centre in the province, aligned with AI data center grid integration efforts nationally, aiming to have definitive contracts signed before the end of the year.

CEO John Kousinioris stated during an analyst conference that the company seeks to secure exclusivity with key partners by mid-year, with detailed design plans and final agreements expected by late 2025. Once the contracts are signed, the data centre is anticipated to be operational within 18 to 24 months, a horizon mirrored by Medicine Hat AI grid upgrades initiatives that aim to modernize local systems.

Data centres, which are critical for high-tech industries such as artificial intelligence, consume large amounts of electricity to run and cool servers, a trend reflected in U.S. utility power challenges reporting, underscoring the scale of energy demand. In this context, TransAlta plans to supply around 90% of its partner's energy needs for the facility, with the remainder coming from the broader electricity market.

Alberta has identified data centres as a strategic priority, aiming to see $100 billion in AI-related data centre construction over the next five years. However, the rapid growth of this sector presents challenges for the region’s energy infrastructure. Electricity demand from data centres has already outpaced the available capacity in Alberta’s power grid, intensifying discussions about a western Canadian electricity grid to improve regional reliability, potentially impacting the province’s decarbonization goals.

To address these challenges, TransAlta has adopted a renewable energy investment strategy. The company announced a $3.5 billion growth plan focused primarily on clean electricity generation and storage, as British Columbia's clean energy shift advances across the region, through 2028. By then, more than two-thirds of TransAlta’s earnings are expected to come from renewable power generation, supporting progress toward a net-zero electricity grid by 2050 nationally.

The collaboration between TransAlta and data centre developers represents an opportunity to balance growing energy demand with sustainability goals. By integrating renewable energy generation into data centre operations and broader macrogrid investments, Alberta could move toward a cleaner and more resilient energy future.

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Sunrun-Tesla Virtual Power Plant Texas leverages residential solar, Tesla Powerwall battery storage, and ERCOT demand response to enhance grid resilience, cut emissions, and supply backup power via a coordinated distributed energy resources network.

Key Points

A Texas VPP using residential solar and Tesla Powerwall to aid ERCOT with grid services resilience, and less emissions.

✅ Aggregates Powerwall storage for ERCOT demand response.

✅ Enhances grid reliability with distributed energy resources.

✅ Cuts emissions by shifting solar to peak and outage periods.

In a significant development for renewable energy and grid resilience, Sunrun and Tesla have announced a groundbreaking partnership to establish a distributed power plant in Texas. This collaboration represents a major step forward in harnessing solar energy and battery storage, with advances in affordable solar batteries helping to create a more reliable and sustainable power system. The initiative aims to address the growing demand for clean energy solutions while enhancing grid stability and resilience in one of the largest and most energy-dependent states in the U.S.

The new distributed power plant, a joint venture between Sunrun, a leading residential solar provider, and Tesla, renowned for its advanced battery technology and electric vehicles, will leverage the strengths of both companies to transform how energy is generated and used. The project will deploy Tesla's Powerwall battery systems alongside Sunrun's solar panels to create a network of interconnected residential energy storage units. This network will function as a virtual power plant, aligned with emerging peer-to-peer energy sharing models that are capable of providing electricity back to the grid during periods of high demand or outages.

Texas, with its vast and growing population, has faced significant energy challenges in recent years. The state’s power grid, managed by the Electric Reliability Council of Texas (ERCOT), has experienced strain during extreme weather events and high demand periods, and instances of Texas wind curtailment during grid stress, leading to concerns about reliability and stability. The partnership between Sunrun and Tesla seeks to address these concerns by introducing a more flexible and resilient energy solution.

The distributed power plant will consist of thousands of residential solar installations, each equipped with Tesla Powerwall batteries, reflecting the broader trend of pairing storage with solar across the U.S. as it scales. These batteries store excess solar energy generated during the day and release it when needed, such as during peak demand times or power outages. By connecting these systems through advanced software, the project will create a coordinated network of distributed energy resources that can respond dynamically to fluctuations in energy supply and demand.

One of the key benefits of this distributed approach is its ability to enhance grid reliability. Traditional power plants are centralized and can be vulnerable to disruptions, whether from extreme weather, technical failures, or other issues. In contrast, a distributed power plant spreads the generation and storage capacity across numerous locations, a principle echoed by renewable power developers pursuing multi-resource projects today, reducing the risk of widespread outages and increasing the overall resilience of the power grid.

Additionally, the project will contribute to the reduction of greenhouse gas emissions. By increasing the use of solar energy and reducing reliance on fossil fuels, and amid ongoing work to improve solar and wind technologies, the distributed power plant supports Texas’s climate goals and contributes to broader efforts to combat climate change. The integration of renewable energy sources into the grid helps to decrease carbon emissions and promote a cleaner, more sustainable energy system.

The partnership between Sunrun and Tesla also underscores the growing role of technology in transforming the energy landscape. Tesla's Powerwall battery systems represent some of the most advanced energy storage technology available, and amid record solar and storage growth nationwide this decade they showcase the capability to store and manage energy efficiently. Sunrun’s expertise in residential solar installations complements this technology, creating a powerful combination that leverages the latest advancements in clean energy.

The project is expected to deliver several benefits to both individual homeowners and the broader community. Homeowners who participate in the program will have access to solar energy and battery storage at reduced costs, thanks to the economies of scale and innovative financing options provided by Sunrun and Tesla. Additionally, they will have the added security of backup power during outages, contributing to greater energy independence and resilience.

For the broader community, the distributed power plant offers a more reliable and sustainable energy system. The ability to generate and store energy at the residential level reduces the strain on traditional power plants and enhances the overall stability of the grid. Furthermore, the project will contribute to local job creation, as the installation and maintenance of solar panels and battery systems require skilled workers.

As the project moves forward, Sunrun and Tesla will work closely with local stakeholders, regulators, and utility providers to ensure the successful implementation and integration of the distributed power plant. Collaboration with these parties will be essential to addressing any regulatory, technical, or logistical challenges and ensuring that the project delivers its intended benefits.

In conclusion, the partnership between Sunrun and Tesla to create a distributed power plant in Texas represents a significant advancement in clean energy technology and grid resilience. By combining solar power with advanced battery storage, the project aims to enhance grid stability, reduce emissions, and provide reliable energy solutions for homeowners. As Texas continues to face energy challenges, this innovative initiative offers a promising model for the future of distributed energy and highlights the potential for technology-driven solutions to address pressing environmental and infrastructure issues.

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Germany Nuclear Phase-Out ends power generation from reactors, prioritizing energy security, renewables, and emissions goals amid the Ukraine war, natural gas shortages, decommissioning plans, and climate change debates across Europe and the national power grid.

Key Points

Germany Nuclear Phase-Out ends reactors, shifting to renewables to balance energy security, emissions, climate goals.

✅ Three reactors closed: Emsland, Isar II, Neckarwestheim II

✅ Pivot to renewables, efficiency, and grid resilience

✅ Continued roles in fuel fabrication and decommissioning

Germany is no longer producing any electricity from nuclear power plants, a move widely seen as turning its back on nuclear for good.

Closures of the Emsland, Isar II, and Neckarwestheim II nuclear plants in Germany were expected. The country announced plans to phase out nuclear power in 2011. However, in the fall of 2022, with the Ukraine war constraining access to energy, especially in Europe, Germany decided to extend nuclear power operations for an additional few months to bolster supplies.

“This was a highly anticipated action. The German government extended the lifetimes of these plants for a few months but never planned beyond that,” David Victor, a professor of innovation and public policy at UC San Diego, said.

Responses to the closures ranged from aghast that Germany would shut down a clean source of energy production, especially as Europe is losing nuclear power just when it really needs energy. In contrast, the global response to anthropogenic climate change continues to be insufficient to celebratory that the country will avoid any nuclear accidents like those that have happened in other parts of the world.

A collection of esteemed scientists, including two Nobel laureates and professors from MIT and Columbia, made a last-minute plea in an open letter published on April 14 on the nuclear advocacy group’s website, RePlaneteers, to keep the reactors operating, reviving questions about a resurgence of nuclear energy in Germany today.

“Given the threat that climate change poses to life on our planet and the obvious energy crisis in which Germany and Europe find themselves due to the unavailability of Russian natural gas, we call on you to continue operating the last remaining German nuclear power plants,” the letter states.

The open letter states that the Emsland, Isar II, and Neckarwestheim II facilities provided more than 10 million German households with electricity, even as some officials argued that nuclear would do little to solve the gas issue then. That’s a quarter of the population.

“This is hugely disappointing, when a secure low carbon 24/7 source of energy such as nuclear was available and could have continued operation for another 40 years,” Henry Preston, spokesperson for the World Nuclear Association. “Germany’s nuclear industry has been world-class. All three reactors shut down at the weekend performed extremely well.”

Despite the shutdown, some segments of nuclear industrial processes will continue to operate. “Germany’s nuclear sector will continue to be first class in the wider nuclear supply chain in areas such as fuel fabrication and decommissioning,” Preston said.

While the open letter did not succeed in keeping the nuclear reactors open, it does underscore a crucial reason why nuclear power has been part of global energy conversations recently, with some arguing it is a needed option for climate policy after a generational lull in the construction of nuclear power plants: climate change.

Generating electricity with nuclear reactors does not create any greenhouse gases. And as global climate change response efforts continue to fall short of emission targets, atomic energy is getting renewed consideration, and Germany has even considered a U-turn on its phaseout amid renewed debate.

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Georgia Cities Clean Energy IRP Coalition unites Savannah, Atlanta, Decatur, and Athens-Clarke to shape Georgia Power's Integrated Resource Plan, accelerating renewables, energy efficiency, community solar, and coal retirements through Georgia Public Service Commission hearings.

Key Points

Georgia cities working to steer Georgia Power's IRP toward renewables, energy efficiency, and community solar.

✅ Targets coal retirements and doubling renewables by 2035

✅ Advocates data access, transparency, and energy efficiency

✅ Seeks affordable community solar options for low-income customers

Savannah is among several Georgia cities that have led the charge forward in recent years to push for clean energy. Now, several of the state's largest municipalities are banding together to demand action from Georgia's largest energy provider.

Hearings regarding Georgia Power's Integrated Resource Plan (IRP) happen every three years, but this year for the first time the cities of Savannah, Decatur, Atlanta and Athens-Clarke and DeKalb counties were at the table.

"It's pretty unprecedented. It's such an important opportunity to get to represent ourselves and our citizens," said City of Savannah Energy Analyst Alicia Brown, the Savannah representative for the Georgia Coalition for Local Governments.

The IRP, which essentially maps out how the company will use its various forms of energy over the next 20 years was filed with the Georgia Public Service Commission (GPSC) in January, the 200-page IRP outlines Georgia Power's plans to shutter nearly all Georgia Power-controlled coal units, similar to Tucson Electric Power's coal exit timelines elsewhere, which could begin later this year.

The company is also planning to double its renewable energy generation by 2035. The IRP also outlines plans for several programs, including an Income-Qualified Community Solar Pilot, reflecting momentum for community energy programs in other states as well.

During the hearings the coalition, alongside the other groups, had the ability to question Georgia Power officials about the plan to include the proposed increase per kilowatt for the company's Simple Solar program, Behind-the-Meter Solar program study and various other components, amid debates over solar strategy in the South that could impact lower income customers.

"The established and open IRP process is central to effective, long-term energy planning in Georgia and is part of our commitment to 2.7 million customers to deliver clean, safe, reliable and affordable energy. In continuing our longstanding relationship with the City of Savannah, we welcome their interest and participation in the IRP process," John Kraft, Georgia Power spokesman said in an email.

Brown said the coalition's areas of interest fall into three categories: energy efficiency and demand response, data access and transparency and renewable energy for citizens as well as the governments in the coalition.

"We have these renewable goals and just the way the current regulations are set, the way the current laws are on the books, and developments like consumer choice in California show how policy shifts can reshape utility markets, it's very challenging for us to meet those renewable energy goals without Georgia Power setting up programs that are workable for us," she said.

The city of Savannah is already taking action locally to reduce carbon emissions and move toward clean and renewable energy through the 100% Savannah Clean Energy Plan, which was adopted by Savannah City Council in December.

The plan aims to achieve 100% renewable electricity community-wide by 2035 and 100% renewable energy for all energy needs by 2050.

Council previously approved the 100% Clean Energy Resolution needed to develop the plan in March 2020, making Savannah the fifth city in the state to pledge to pursue a lower carbon future to fight climate change.

The final plan includes 45 strategies that fall into five categories: energy efficiency; renewable energy; transportation and mobility; community and economic development; and education and engagement.

Brown said the education and engagement component is central to the plan, but the pandemic has hindered community education and awareness efforts, and utilities have warned customers about pandemic-related scams that complicate outreach, something the city hopes to catapult in the coming weeks.

"With the 100% Savannah resolution passing right before the pandemic, we haven't had as many opportunities to raise awareness about the initiative and to educate the public about clean energy as we would like. This transition will present a lot of opportunities for our communities, but only if people know that they are there to be taken," she said.

"... We also want to engage the community so that they feel like they are developing this vision for a healthy, prosperous, clean community alongside us. It's not just us telling them, 'we're going to have a clean energy future and it's going to look like this,' but really helping them to develop and realize a collective vision for what 100% Savannah should be."

The final round of IRP hearings are scheduled for next month. Those hearings will allow the coalition and other groups to put witnesses on the stand who will make the case for why Georgia Power's IRP should be different, Brown said.

In June, Georgia Power, following a June bill reduction for customers, will have a chance to offer rebuttal testimony and will again be subject to cross examination. Shortly after those hearings, the parties will join together for the settlement process, a sort of compromise on the plan that the commission will vote on toward the beginning of July.

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BC Hydro Rate Freeze Rejection details the BCUC decision enabling a 3% rate increase, citing revenue requirements, debt, and capital costs, affecting electricity bills, with NDP government proposing lifeline rates and low-income relief.

Key Points

It is the BCUC ruling allowing a 3% BC Hydro rate hike, citing cost recovery, debt, and capital needs.

✅ BCUC rejects freeze; 3% increase proceeds April 1, 2018

✅ Rationale: cost recovery, debt, capital expenditures

✅ Relief: lifeline rate, $600 grants, winter payment plan

The B.C. Utilities Commission has rejected a request by the provincial government to freeze rates at BC Hydro for the coming year, meaning a pending rate increase of three percent will come into effect as higher BC Hydro rates on April 1, 2018.

BC Hydro had asked for the three per cent increase, aligning with a rate increase proposal that would add about $2 a month, but, last year, Energy Minister Michelle Mungall directed the Crown corporation to resubmit its request in order to meet an NDP election promise.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," she said at the time.

However, the utilities commission found there was "insufficient regulatory justification to approve the zero per cent rate increase."

"Even these increases do not fully recover B.C. Hydro's forecast revenue requirement, which includes items such as operating costs, new capital expenditures and carrying costs on capital expenditures," the commission wrote in a news release.

Mungall said she was disappointed by the decision.

"We were always clear we were going to the BCUC. We need to respect the role the BCUC has here for the ratepayers and for the public. I'm very disappointed obviously with their decision."

Mungall blamed the previous government for leaving BC Hydro in a financial state where a rate freeze was ultimately not possible.

Last month, Moody's Investors Service calculated BC Hydro's total debt at $22 billion and said it was one of the province's two credit challenges going forward.

"There's quite a financial mess that is a B.C. Liberal legacy after 16 years of government. We have the responsibility as a new government to clean that up."

B.C. Liberal leader Andrew Wilkinson said it was an example of the new government not living up to its campaign promises.

"British Columbians, particularly those on fixed incomes, believed the B.C. NDP when they promised a freeze on hydro bills. They planned accordingly and are now left in the lurch and face higher expenses. This is a government that stumbles into messes that cost all of us because they put rhetoric ahead of planning," he said.

Help on the way?

With the freeze being rejected, Mungall said the government would be going forward on other initiatives to help low-income ratepayers, as advocates' call for change after a fund surplus, including:

Legislating a "lifeline rate" program, allowing people with "demonstrated need" to apply for a lower rate for electricity.

Starting in May, providing an emergency grant of $600 for customers who have an outstanding BC Hydro bill.

Hydro's annual winter payment plan also allows people the chance to spread the payment of bills from December to February out over six months, and, with a two-year rate increase on the horizon, a new pilot program to help people paying their bills begins in July.

Mungall couldn't say whether the government would apply for rate freezes in the future.

"I don't have a crystal ball, and can't predict what might happen in two or three years from now, but we need to act swiftly now," she said.

"I appreciate the [BCUC's] rationale, I understand it, and we'll be moving forward with other alternatives for making life more affordable."

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