Bush administration wants to expand nuclear waste site

By Kansas City Star


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The Bush administration has asked Congress for permission to expand its proposed nuclear-waste dump, saying the Nevada facility, as planned, would be unable to hold all the spent fuel stored at commercial reactors and the highly radioactive defense waste held at sites such as the Hanford nuclear reservation, the Savannah River Site and the Idaho National Laboratory.

If expanding the Yucca Mountain project isn't approved, the Energy Department probably would ask Congress next year for authority to build a second dump, said Edward Sproat III, who oversees the department's Office of Civilian Waste Management.

Though Congress authorized construction of the project, it's faced fierce opposition from Nevadans and some environmental groups, who think that Yucca Mountain couldn't safely store the waste for thousands of years. But Congress has continued to fund the repository amid pressure from utilities that are anxious about the waste accumulating at their reactor sites.

There's a statutory 77,000 metric ton cap (84,877 short tons) on how much nuclear waste can be stored at Yucca Mountain, about 90 miles northwest of Las Vegas.

"If it (the cap) isn't raised, it won't have the capacity to take all the defense and civilian waste," Sproat said.

The administration also wants to tap the $19.5 billion Nuclear Waste Fund to start paying the construction costs for Yucca Mountain. The fund, financed by a fee on the electricity that nuclear power plants generate, was intended to pay for the facility. But because of congressional budget rules, the Energy Department has had to seek an annual appropriation from Congress to pay for the nuclear waste repository, which is scheduled to open in 2017.

The administration's proposals, delivered to Congress, are similar to proposals made last year.

Yucca Mountain initially was to open in 1998. Because of the delays, utilities that operate commercial nuclear-power plants have been forced to store their spent fuel on site even as they pay into the Nuclear Waste Fund.

Sproat said the federal government would owe the utilities about $7 billion in damages because of delays at Yucca Mountain.

"This liability can't be paid by ratepayers," Sproat said at a recent briefing sponsored by The Energy Daily, a trade publication. "It's the responsibility of U.S. taxpayers. This is a real financial driver to push this program forward."

On Capitol Hill, Senate Majority Leader Harry Reid, D-Nev., called the administration's proposal dead on arrival.

"This is just the department's latest attempt to breathe life into this dying beast and it will fail," Reed said in a recent statement. "As Senate majority leader I will continue to leverage my leadership position to prevent the dump from ever being built."

Reid and Nevada's other senator, Republican John Ensign, have introduced legislation that would require nuclear waste to be stored at the facilities where it's produced.

"The administration is firmly committed to moving forward with Yucca," Sproat said. "This is not an all or nothing bill. We want to continue the debate and dialogue" with Congress.

As currently planned, Sproat said, about 20 percent of the waste stored at Yucca Mountain would be generated from producing the nation's nuclear arsenal. Much of the waste is stored at the Hanford reservation in central Washington state, the Savannah River Site near Aiken, S.C., and the Idaho National Laboratory near Idaho Falls.

Preliminary design studies showed that Yucca Mountain could handle 120,000 metric tons (132,277 short tons) of waste, but Sproat said it would be up to the Nuclear Regulatory Commission to determine the repository's capacity. The Energy Department is expected to ask the NRC for a license for Yucca Mountain in summer 2008.

If Congress blocked Yucca Mountain, Sproat said, lawmakers must determine what would become of the nuclear waste.

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COVID-19 closures: It's as if Ottawa has fallen off the electricity grid

Ontario Electricity Demand Drop During COVID-19 reflects a 1,000-2,000 MW decline as IESO balances the grid, shifts peak demand later, throttles generators and baseload nuclear, and manages exports amid changing load curves.

 

Key Points

An about 10% reduction in Ontario's load, shifting peaks and requiring IESO grid balancing measures.

✅ Demand down 1,000-2,000 MW; roughly 10% below normal.

✅ Peak shifts later in morning as home use rises.

✅ IESO throttles generators; baseload nuclear stays online.

 

It’s as if the COVID-19 epidemic had tripped a circuit breaker, shutting off all power to a city the size of Ottawa.

Virus-induced restrictions that have shut down large swaths of normal commercial life across Canada has led to a noticeable drop in demand for power in Ontario and reflect a global demand dip according to reports, insiders said on Friday.

Terry Young, vice-president with the Independent Electricity System Operator, said planning was underway for further declines in usage and for whether Ontario will embrace more clean power in the long term, given the delicate balance that needs to be maintained between supply and demand.

“We’re now seeing demand that is running about 1,000 to 2,000 megawatts less than we would normally see,” Young said. “You’re essentially seeing a city the size of Ottawa drop off demand during the day.”

At the high end, a 2,000 megawatt reduction would be close to the equivalent peak demand of Ottawa and London, Ont., combined.

The decline, in the order of 10 per cent from the 17,000 to 18,000 megawatts of usage that might normally be expected and similar to the UK’s 10% drop reported during lockdowns, began last week, Young said. The downward trend became more noticeable as governments and health authorities ordered non-essential businesses to close and people to stay home. However, residential and hospital usage has climbed.

Experts say frequent hand-washing and staying away from others is the most effective way to curb the spread of the highly contagious coronavirus, which poses a special risk to older people and those with underlying health conditions. As a result, factories and other big users have reduced production or closed entirely.

Because electricity cannot be stored, generators need to throttle back their output as domestic demand shrinks and exports to places such as the United States, including New York City, which is also being hit hard by the coronavirus, fall.

“We’re watching this carefully,” Young said. “We’re able to manage this drop, but it’s something we obviously have to keep watching…and making sure we’re not over-generating electricity.”

Turning off generation, especially for nuclear plants, is an intensive process, as are restarts and would likely happen only if the downward demand trend intensifies significantly, amid concerns over Ontario’s electricity getting dirtier if baseload is displaced. However, one of North America’s largest generators, Bruce Power near Kincardine, Ont., said it had a large degree of flexibility to scale down or up.

“We have the ability to provide one-third of our output as a dynamic response, which is unique to our facility,” said James Scongack, an executive vice-president with Bruce Power. “We developed this coming out of the 2008 downturn and it’s been a critical system asset for the last decade.”

“We don’t see there being a scenario where our baseload will not be needed,” he said, even as some warn Ontario may be short of electricity in the coming years.

The province’s publicly owned Ontario Power Generation said it was also in conversations with the system operator, which provides direction to generators, and is often cited in the Ontario election discussion.

One clear shift in normal work-day usage with so many people staying at home has been the change in demand patterns. Typically, Young said, there’s a peak from about 7 a.m. to 8 a.m. as people wake and get ready to go to work or school. The peak is now occurring later in the morning, Young said.

 

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Ukrainians Find New Energy Solutions to Overcome Winter Blackouts

Ukraine Winter Energy Crisis highlights blackouts, damaged grid, and resilient solutions: solar panels, generators, wood stoves, district heating, batteries, and energy efficiency campaigns backed by EU and US aid to support communities through harsh winters.

 

Key Points

A wartime surge of blackouts driving resilient, off-grid and efficiency solutions to keep heat and power flowing.

✅ Solar panels, batteries, and generators stabilize essential loads

✅ Wood stoves and district heating maintain winter warmth

✅ Efficiency upgrades and aid bolster grid resilience

 

As winter sets in across Ukraine, the country faces not only the bitter cold but also the ongoing energy crisis exacerbated by Russia’s invasion. Over the past year, Ukraine has experienced widespread blackouts due to targeted strikes on its power infrastructure. With the harsh winter conditions ahead, Ukrainians are finding innovative ways to adapt to these energy challenges and to keep the lights on this winter despite shortages. From relying on alternative power sources to implementing energy-saving measures, the Ukrainian population is demonstrating resilience in the face of adversity.

The Energy Crisis in Ukraine

Since the onset of the war in February 2022, Ukraine’s energy infrastructure has become a prime target for Russian missile strikes. Power plants, electrical grids, and transmission lines have all been hit, causing significant damage to the nation’s energy systems, as Ukraine fights to keep the lights on amid repeated attacks. As a result, millions of Ukrainians have faced regular power outages, especially in the winter months when energy demand surges due to heating needs.

The situation has been compounded by the difficulty of repairing damaged infrastructure while the war continues. Many areas, particularly in eastern and southern Ukraine, still suffer from limited access to electricity, heating, and water, with strikes in western Ukraine occasionally causing further disruptions. With no end in sight to the conflict, the Ukrainian government and its citizens are being forced to think outside the box to ensure they can survive the harsh winter months.

Alternative Energy Sources: Solar Power and Generators

In response to these energy shortages, many Ukrainians are turning to alternative energy sources, particularly solar power and generators. Solar energy, which has been growing in popularity over the past decade, is seen as a promising solution. Solar panels can be installed on homes, schools, and businesses, providing a renewable source of electricity. During the day, the sun provides much-needed energy to power lights, appliances, and even heating systems in homes. While solar power may not fully replace the energy lost during blackouts, it can significantly reduce dependency on the grid, and recent electricity reserve updates suggest fewer planned outages if attacks abate.

To make solar power more accessible, many local and international organizations are providing solar panels and batteries to Ukrainians. These efforts have been critical, especially in rural areas where access to the national grid may be sporadic or unreliable. Additionally, solar-powered streetlights and community energy hubs are being set up in various cities to provide essential services during prolonged outages.

Generators, too, have become a vital tool for many households. Portable generators allow people to maintain some level of comfort during blackouts, powering essential appliances like refrigerators, stoves, and even small heaters. While generators are not a permanent solution, they offer a crucial lifeline when the grid is down for extended periods.

Wood and Coal Stoves: A Return to the Past

In addition to modern energy solutions, many Ukrainians are returning to more traditional sources of energy, such as wood and coal stoves. These methods of heating, while old-fashioned, are still widely available and effective. With gas shortages affecting the country and electricity supplies often unreliable, wood and coal stoves have become an essential part of daily life for many households.

Firewood is being sourced locally, and many Ukrainians are collecting and stockpiling it in preparation for the colder months. While this reliance on solid fuels presents environmental concerns, it remains one of the most feasible options for families living in rural areas or in homes without access to reliable electricity.

Moreover, some urban areas have seen a revival of district heating systems, where heat is generated centrally and distributed throughout a network of buildings. This system, although not without its challenges, is helping to provide warmth to thousands of people in larger cities like Kyiv and Lviv.

Energy Conservation and Efficiency

Beyond alternative energy sources, many Ukrainians are taking measures to reduce their energy consumption. Energy conservation has become a key strategy in dealing with blackouts, as individuals and families aim to minimize their reliance on the national grid. Simple steps like using energy-efficient appliances, sealing windows and doors to prevent heat loss, and limiting the use of electric heating have all become commonplace.

The Ukrainian government, in collaboration with international partners, has also launched campaigns to encourage energy-saving behaviors. These include public information campaigns on how to reduce energy consumption and initiatives to improve the insulation of homes and buildings. By promoting energy efficiency, Ukraine is not only making the most of its limited resources but also preparing for long-term sustainability.

The Role of the International Community

The international community has played a crucial role in helping Ukraine navigate the energy crisis. Several countries and organizations have provided funding, technology, and expertise to assist Ukraine in repairing its power infrastructure and implementing alternative energy solutions. For example, the United States and the European Union have supplied Ukraine with generators, solar panels, and other renewable energy technologies, though U.S. support for grid restoration has recently ended in some areas of assistance. This support has been vital in ensuring that Ukrainians can meet their energy needs despite the ongoing conflict.

In addition, humanitarian organizations have been working to provide emergency relief, including distributing winter clothing, heaters, and fuel to the most vulnerable populations, and Ukraine helped Spain amid blackouts earlier this year, underscoring reciprocal resilience. The global response has been a testament to the solidarity that exists for Ukraine in its time of need.

As winter arrives, Ukrainians are finding creative and resourceful ways to deal with the ongoing energy crisis caused by the war, reflecting the notion that electricity is civilization on the front lines. While the situation remains difficult, the country's reliance on alternative energy sources, traditional heating methods, and energy conservation measures demonstrates a remarkable level of resilience. With continued support from the international community and a commitment to innovation, Ukraine is determined to overcome the challenges of blackouts and ensure that its people can survive the harsh winter months ahead.

 

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EIA expects solar and wind to be larger sources of U.S. electricity generation this summer

US Summer Electricity Outlook 2022 projects rising renewable energy generation as utility-scale solar and wind capacity additions surge, while coal declines and natural gas shifts amid higher fuel prices and regional supply constraints.

 

Key Points

An EIA forecast of summer 2022 power: more solar and wind, less coal, and shifting gas use amid higher fuel prices.

✅ Solar +10 million MWh; wind +8 million MWh vs last summer

✅ Coal generation -20 million MWh amid supply constraints, retirements

✅ Gas prices near $9/MMBtu; slight national gen decline

 

In our Summer Electricity Outlook, a supplement to our May 2022 Short-Term Energy Outlook, we expect the largest increases in U.S. electric power sector generation this summer will come from renewable energy sources such as wind and solar generation. These increases are the result of new capacity additions. We forecast utility-scale solar generation between June and August 2022 will grow by 10 million megawatthours (MWh) compared with the same period last summer, and wind generation will grow by 8 million MWh. Forecast generation from coal and natural gas declines by 26 million MWh this summer, although natural gas generation could increase in some electricity markets where coal supplies are constrained.

For recent context, overall U.S. power generation in January rose 9.3% year over year, the EIA reports.

Wind and solar power electric-generating capacity has been growing steadily in recent years. By the start of June, we estimate the U.S. electric power sector will have 65 gigawatts (GW) of utility-scale solar-generating capacity, a 31% increase in solar capacity since June 2021. Almost one-third of this new solar capacity will be built in the Texas electricity market. The electric power sector will also have an estimated 138 GW of wind capacity online this June, which is a 12% increase from last June.

Along with growth in renewables capacity, we expect that an additional 6 GW of new natural gas combined-cycle generating capacity will come online by June 2022, an increase of 2% from last summer. Despite this increase in capacity, we expect natural gas-fired electricity generation at the national level will be slightly (1.3%) lower than last summer.

We forecast the price of natural gas delivered to electric generators will average nearly $9 per million British thermal units between June and August 2022, which would be more than double the average price last summer. The higher expected natural gas prices and growth in renewable generation will likely lead to less natural gas-fired generation in some regions of the country.

In contrast to renewables and natural gas, the electricity industry has been steadily retiring coal-fired power plants over the past decade. Between June 2021 and June 2022, the electric power sector will have retired 6 GW (2%) of U.S. coal-fired generating capacity.

In previous years, higher natural gas prices would have resulted in more coal-fired electricity generation across the fleet. However, coal-fired power plants have been limited in their ability to replenish their historically low inventories in recent months as a result of mine closures, rail capacity constraints, and labor market tightness. These coal supply constraints, along with continued retirement of generating capacity, contribute to our forecast that U.S. coal-fired generation will decline by 20 million MWh (7%) this summer. In some regions of the country, these coal supply constraints may lead to increased natural gas-fired electricity generation despite higher natural gas prices.
 

 

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Manitoba Hydro seeks unpaid days off to trim costs during pandemic

Manitoba Hydro unpaid leave plan offers unpaid days off to curb workforce costs amid COVID-19, avoiding temporary layoffs and pay cuts, targeting $5.7M savings through executive, manager, and engineer participation, with union options under discussion.

 

Key Points

A cost-saving measure offering unpaid days off to avert layoffs and pay cuts, targeting $5.7M savings amid COVID-19.

✅ 3 unpaid days for executives, managers, engineers

✅ Targets $5.7M total; $1.4M from non-union staff

✅ Avoids about 240 layoffs over a four-month period

 

The Manitoba government's Crown energy utility is offering workers unpaid days off as an alternative to temporary layoffs or pay cuts, even as residential electricity use rises due to more working from home.

In an email to employees, Manitoba Hydro president Jay Grewal says executives, managers, and engineers will take three unpaid days off before the fiscal year ends next March.

She says similar options are being discussed with other employee groups, which are represented by unions, as the Saskatchewan COVID-19 crisis reshaped workforces across the Prairies.

The provincial government ordered Manitoba Hydro to reduce workforce costs during the COVID-19 pandemic, as some power operators considered on-site staffing plans, and at one point the utility said it was looking at 600 to 700 temporary layoffs.

The organization said it’s looking for targeted savings of $5.7 million, down from $11 million previously estimated, while peers like BC Hydro’s Site C began reporting COVID-19 updates.

A spokesperson for Manitoba Hydro said non-unionized staff taking three days of unpaid leave will save $1.4 million of the $5.7 million savings.

“Three days of unpaid leave for every employee would eliminate layoffs entirely,” the spokesperson said in an email. “For comparison, approximately 240 layoffs would have to occur over a four-month period, while measures like Alberta's worker transition fund aim to support displaced workers, to achieve savings of $4.3 million.”

Grewal says the unpaid days off were a preferred option among the executives, managers, and engineers in an industry that recently saw a Hydro One worker injury case.

She says unions representing the other workers have been asked to respond by next Wednesday.

 

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When paying $1 for a coal power plant is still paying too much

San Juan Generating Station eyed for $1 coal-plant sale, as Farmington and Acme propose CCS retrofit, meeting emissions caps and renewable mandates by selling captured CO2 for enhanced oil recovery via a nearby pipeline.

 

Key Points

A New Mexico coal plant eyed for $1 and a CCS retrofit to cut emissions and sell CO2 for enhanced oil recovery.

✅ $400M-$800M CCS retrofit; 90% CO2 capture target

✅ CO2 sales for enhanced oil recovery; 20-mile pipeline gap

✅ PNM projects shutdown savings; renewable and emissions mandates

 

One dollar. That’s how much an aging New Mexico coal plant is worth. And by some estimates, even that may be too much.

Acme Equities LLC, a New York-based holding company, is in talks to buy the 847-megawatt San Juan Generating Station for $1, after four of its five owners decided to shut it down. The fifth owner, the nearby city of Farmington, says it’s pursuing the bargain-basement deal with Acme to avoid losing about 1,600 direct and indirect jobs in the area amid a broader just transition debate for energy workers.

 

We respectfully disagree with the notion that the plant is not economical

Acme’s interest comes as others are looking to exit a coal industry that’s been plagued by costly anti-pollution regulations. Acme’s plan: Buy the plant "at a very low cost," invest in carbon capture technology that will lower emissions, and then sell the captured CO2 to oil companies, said Larry Heller, a principal at the holding group.

By doing this, Acme “believes we can generate an acceptable rate of return,” Heller said in an email.

Meanwhile, San Juan’s majority owner, PNM Resources Inc., offers a distinctly different view, echoing declining coal returns reported by other utilities. A 2022 shutdown will push ratepayers to other energy alternatives now being planned, saving them about $3 to $4 a month on average, PNM has said.

“We could not identify a solution that would make running San Juan Generating Station economical,” said Tom Fallgren, a PNM vice president, in an email.

The potential sale comes as a new clean-energy bill, supported by Governor Lujan Grisham, is working its way through the state legislature. It would require the state to get half of its power from renewable sources by 2030, and 100 percent by 2045, even as other jurisdictions explore small modular reactor strategies to meet future demand. At the same time, the legislation imposes an emissions cap that’s about 60 percent lower than San Juan’s current levels.

In response, Acme is planning to spend $400 million to $800 million to retrofit the facility with carbon capture and sequestration technology that would collect carbon dioxide before it’s released into the atmosphere, Heller said. That would put the facility into compliance with the pending legislation and, at the same time, help generate revenue for the plant.

The company estimates the system would cut emissions by as much as 90 percent, and the captured gas could be sold to oil companies, which uses it to enhance well recovery. The bottom line, according to Heller: “A winning financial formula.”

It’s a tricky formula at best. Carbon-capture technology has been controversial, even as new coal plant openings remain rare, expensive to install and unproven at scale. Additionally, to make it work at the San Juan plant, the company would need to figure out how to deliver the CO2 to customers since the nearest pipeline is about 20 miles (32 kilometers) away.

 

Reducing costs

Acme is also evaluating ways to reduce costs at San Juan, Heller said, including approaches seen at operators extending the life of coal plants under regulatory scrutiny, such as negotiating a cheaper coal-supply contract and qualifying for subsidies.

Farmington’s stake in the plant is less than 10 percent. But under terms of the partnership, the city — population 45,000 — can assume full control of San Juan should the other partners decide to pull out, mirroring policy debates over saving struggling nuclear plants in other regions. That’s given Farmington the legal authority to pursue the plant’s sale to Acme.

 

At the end of the day, nobody wants the energy

“We respectfully disagree with the notion that the plant is not economical,” Farmington Mayor Nate Duckett said by email. Ducket said he’s in better position than the other owners to assess San Juan’s importance “because we sit at Ground Zero.”

The city’s economy would benefit from keeping open both the plant and a nearby coal mine that feeds it, according to Duckett, with operations that contribute about $170 million annually to the local area.

While the loss of those jobs would be painful to some, Camilla Feibelman, a Sierra Club chapter director, is hard pressed to see a business case for keeping San Juan open, pointing to sector closures such as the Three Mile Island shutdown as evidence of shifting economics. The plant isn’t economical now, and would almost certainly be less so after investing the capital to add carbon-capture systems.

 

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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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