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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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CAISO Clean Energy Transition outlines California's path to 100% carbon-free power by 2045, scaling renewables, battery storage, and offshore wind while safeguarding grid reliability, managing natural gas, and leveraging Western markets like EDAM.

Key Points

CAISO Clean Energy Transition is the plan to reach 100% carbon-free power by 2045 while maintaining grid reliability.

✅ Target: add 7 GW/year to reach 120 GW capacity by 2045

✅ Battery storage up 30x; smooths intermittent solar and wind

✅ EDAM and WEIM enhance imports, savings, and reliability

Mark Rothleder, Chief Operating Officer and Senior Vice President at the California Independent System Operator (CAISO), which manages roughly 80% of California’s electric grid, has expressed cautious optimism about meeting the state's ambitious clean energy targets while keeping the lights on across the grid. However, he acknowledges that this journey will not be without its challenges.

California aims to transition its power system to 100% carbon-free sources by 2045, ensuring a reliable electricity supply at reasonable costs for consumers. Rothleder, aware of the task's enormity, likens it to a complex car repair performed while the vehicle is in motion.

Recent achievements have demonstrated California's ability to temporarily sustain its grid using clean energy sources. According to Rothleder, the real challenge lies in maintaining this performance round the clock, every day of the year.

Adding thousands of megawatts of renewable energy into California’s existing 50-gigawatt system, which needs to expand to 120 gigawatts to meet the 2045 goal, poses a significant challenge, though recent grid upgrade funding offers some support for needed infrastructure. CAISO estimates that an addition of 7 gigawatts of clean power per year for the next two decades is necessary, all while ensuring uninterrupted power delivery.

While natural gas currently constitutes California's largest single source of power, Rothleder notes the need to gradually decrease reliance on it, even as it remains an operational necessity in the transition phase.

In 2023, CAISO added 5,660 megawatts of new power to the grid, with plans to integrate over 1,100 additional megawatts in the next six to eight months of 2024. Battery storage, crucial for mitigating the intermittent nature of wind and solar power, has seen substantial growth as California turns to batteries for grid support, increasing 30-fold in three years.

Rothleder emphasizes that electricity reliability is paramount, as consumers always expect power availability. He also highlights the potential of offshore wind projects to significantly contribute to California's power mix by 2045.

The offshore wind industry faces financial and supply chain challenges despite these plans. CAISO’s 20-year outlook indicates a significant increase in utility-scale solar, requiring extensive land use and wider deployment of advanced inverters for grid stability.

Addressing affordability is vital, especially as California residents face increasing utility bills. Rothleder suggests a broader energy cost perspective, encompassing utility and transportation expenses.

Despite smooth grid operations in 2023, challenges in previous years, including extreme weather-induced power outages driven by climate change, underscore the need for a robust, adaptable grid. California imports about a quarter of its power from neighbouring states and participates in the Western Energy Imbalance Market, which has yielded significant savings.

CAISO is also working on establishing an extended day-ahead electricity market (EDAM) to enhance the current energy market's success, building on insights from a Western grid integration report that supports expanded coordination.

Rothleder believes that a thoughtfully designed, diverse power system can offer greater reliability and resilience in the long run. A future grid reliant on multiple, smaller power sources such as microgrids could better absorb potential losses, ensuring a more reliable electricity supply for California.

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Ontario electricity emissions forecast highlights rising grid CO2 as nuclear refurbishments and the Pickering closure drive more natural gas, limited renewables, and delayed Quebec hydro imports, pending advances in storage and transmission upgrades.

Key Points

A projection that Ontario's grid CO2 will rise as nuclear units refurbish or retire, increasing natural gas use.

✅ Nuclear refurbs and Pickering shutdown cut zero-carbon baseload

✅ Gas plants fill capacity gaps, boosting GHG emissions

✅ Quebec hydro imports face cost, transmission, and timing limits

Ontario's energy grid is among the cleanest in North America — but the province’s nuclear plans mean that some of our progress will be reversed over the next decade.

What was once Canada’s largest single source of greenhouse-gas emissions is now a solar-power plant. The Nanticoke Generating Station, a coal-fired power plant in Haldimand County, was decommissioned in stages from 2010 to 2013 — and even before the last remaining structures were demolished earlier this year, Ontario Power Generation had replaced its nearly 4,000 megawatts with a 44-megawatt solar project in partnership with the Six Nations of the Grand River Development Corporation and the Mississaugas of the Credit First Nation.

But neither wind nor solar has done much to replace coal in Ontario’s hydro sector, a sign of how slowly Ontario is embracing clean power in practice across the province. At Nanticoke, the solar panels make up less than 2 per cent of the capacity that once flowed out to southern Ontario over high-voltage transmission lines. In cleaning up its electricity system, the province relied primarily on nuclear power — but the need to extend the nuclear system’s lifespan will end up making our electricity dirtier again.

“We’ve made some pretty great strides since 2005 with the fuel mix,” says Terry Young, vice-president of corporate communications at the Independent Electricity System Operator, the provincial agency whose job it is to balance supply and demand in Ontario’s electricity sector. “There have been big changes since 2005, but, yes, we will see an increase because of the closure of Pickering and the refurbs coming.”

“The refurbs” is industry-speak for the major rebuilds of both the Darlington and Bruce nuclear-power stations. The two are both in the early stages of major overhauls intended to extend their operating lives into the 2060s: in the coming years, they’ll be taken offline and rebuilt. (The Pickering nuclear plant will not be refurbished and will shut down in 2024.)

The catch is that, as the province loses its nuclear capacity in increments, Ontario will be short of electricity in the coming years and the IESO will need to find capacity elsewhere to make sure the lights stay on. And that could mean burning a lot more natural gas — and creating more greenhouse-gas emissions.

According to the IESO’s planning assumptions, electricity will be responsible for 11 megatonnes of greenhouse-gas emissions annually by 2035 (last year, it was three megatonnes). That’s the “reference case” scenario: if conservation and efficiency policies shave off some electricity demand, we could get it down to something like nine megatonnes. But if demand is higher than expected, it could be as high as 13 megatonnes — more than quadruple Ontario’s 2018 emissions.

Even in the worst-case scenario, the province’s emissions from electricity would still be less than half of what they were in 2005, before the province began phasing out its coal generation. But it’s still a reversal of a trend that both Liberals and Progressive Conservatives have boasted about — the Liberals to justify their energy policies, the PCs to justify their hostility to a federal carbon tax.

Young emphasized that technology can change and that the IESO’s planning assumptions are just that: projections based on the information available today. A revolution in electricity storage could make it possible to store the province’s cleaner power sources overnight for use during the day, but that’s still only in the realm of speculation — and the natural-gas infrastructure exists in the real world, today.

Ontario Power Generation — the Crown corporation that operates many of the province’s power plants, including Pickering and Darlington — recently bought four gas plants, two of them outright (two it already owned in part). All were nearly complete or already operational, so the purchase itself won’t change the province’s emissions prospects. Rather, OPG is simply looking to maintain its share of the electricity market after the Pickering shutdown.

“It will allow us to maintain our scale, with the upcoming end of Pickering’s commercial operations, so that we can continue our role as the driver of Ontario’s lower carbon future,” Neal Kelly, OPG’s director of media, issues, and management, told TVO.org via email. “Further, there is a growing need for flexible gas fired generation to support intermittent wind and solar generation.”

The shift to more gas-fired generation has been coming for a while, and critics say that Ontario has missed an opportunity to replace the lost Pickering capacity with something cleaner. MPP Mike Schreiner, leader of the Green party, has argued for years that Ontario should have pursued an agreement with Quebec to import clean hydroelectricity.

“To me, it’s a cost-effective solution, and it’s a zero-emissions solution,” Schreiner says. “Regardless of your position on sources of electricity, I think everyone could agree that waterpower from Quebec is going to be less expensive.”

Quebec is eager to sell Ontario its surplus hydro power, but not everyone agrees that importing power would be cheaper. A study published by the Ontario Chamber of Commerce (and commissioned by Ontario Power Generation) calls the claim a “myth” and states that upgrading electric-transmission wires between Ontario and Quebec would cost $1.2 billion and take 10 years, while some estimates suggest fully greening Ontario's grid would cost far more overall.

With Quebec imports seemingly a non-starter and major changes to Ontario’s nuclear fleet already underway, there’s only one path left for this province’s greenhouse-gas emissions: upwards.

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Foote Creek I Wind Farm Repowering upgrades Wyoming turbines with new nacelles, towers, and blades, cutting 68 units to 12 while sustaining 41.6 MW, under PacifiCorp and Rocky Mountain Power's Energy Vision 2020 plan.

Key Points

Replacement at Foote Creek Rim I, cutting to 12 turbines while sustaining about 41.6 MW using modern 2-4.2 MW units.

✅ 12 turbines replace 68, output steady near 41.6 MW

✅ New nacelles, towers, blades; taller 500 ft turbines

✅ Part of PacifiCorp Energy Vision 2020 and Gateway West

A Wyoming utility company has filed a permit to replace its first wind farm—originally commissioned in 1998, composed of over 65 turbines—amid new gas capacity competing with nuclear in Ohio, located at Foote Creek Rim I. The replacement would downsize the number of turbines to 12, which would still generate roughly the same energy output.

According to the Star Tribune, PacifiCorp’s new installation would involve new nacelles, new towers and new blades. The permit was filed with Carbon County.

New WY Wind Farm

The replacement wind turbines will stand more than twice as tall as the old: Those currently installed stand 200 feet tall, whereas their replacements will tower closer to 500 feet. Though this move is part of the company’s overall plan to expand its state wind fleet as some utilities respond to declining coal returns in the Midwest, the work going into the Foote Creek site is somewhat special, noted David Eskelsen, spokesperson for Rocky Mountain Power, the western arm of PacifiCorp.

“Foote Creek I repowering is somewhat different from the repowering projects announced in the (Energy Vision) 2020 initiative,” he said. “Foote Creek is a complete replacement of the existing 68 foundations, towers, turbine nacelles and rotors (blades).”

Currently, the turbines at Foote Creek have 600 kilowatts capacity each; the replacements’ maximum production ranges from 2 megawatts to 4.2 megawatts each, with the total output remaining steady at 41.4 megawatts, a scale similar to a 30-megawatt wind expansion in Eastern Kings, though there will be a slight capacity increase to 41.6 megawatts, according to the Star Tribune.

As part of the wind farm repowering initiative, PacifiCorp is to become full owner and operator of the Foote Creek site. When the farm was originally built, an Oregon-based water and electric board was 21 percent owner; 37 percent of the project’s output was tied into a contract with the Bonneville Power Administration.

Otherwise, PacifiCorp is moving to further expand its state wind fleet in line with initiatives like doubling renewable electricity by 2030 in Saskatchewan, with the addition of three new wind farms—to be located in Carbon, Albany and Converse counties—which may add up to 1,150 megawatts of power.

According to PacifiCorp, the company has more than 1,000 megawatts of owned wind generation capability, along with long-term purchase agreements for more than 600 megawatts from other wind farms owned by other entities. Energy Vision 2020 refers to a $3.5 billion investment and company move that is looking to upgrade the company's existing wind fleet with newer technology, adding 1,150 megawatts of new wind resources by 2020 and a a new 140-mile Gateway West transmission segment in Wyoming, comparable to a transmission project in Missouri just energized.

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Hydro-Québec Bill 34 Refund issues $535M customer credits tied to electricity rates, consumption-based rebates, and variance accounts, averaging $60 per account and 2.49% of 2018-2019 usage, via bill credits or mailed cheques.

Key Points

A $535M credit refunding 2.49% of 2018-2019 usage to Hydro-Québec customers via bill credits or cheques.

✅ Applies to 2018-2019 consumption; average refund about $60.

✅ Current customers get bill credits; former customers receive cheques.

✅ Refund equals 2.49% of usage from variance accounts under prior rates.

Following the adoption of Bill 34 in December 2019, a total amount of $535 million will be refunded to customers who were Hydro-Québec account holders in 2018 or 2019. This amount was accumulated in variance accounts required under the previous rate system between January 1, 2018, and December 31, 2019.

If you are still a Hydro-Québec customer, a credit will be applied to your bill in the coming weeks, and improving billing layout clarity is a focus in some provinces as well. The amount will be indicated on your bill.

An average refund amount of $60. The refund amount is calculated based on the quantity of electricity that each customer consumed in 2018 and 2019. The refund will correspond to 2,49% of each customer's consumption between January 1, 2018, and December 31, 2019, for an average of approximately $60, while Ontario hydro rates are set to increase on Nov. 1.

The following chart provides an overview of the refund amount based on the type of home. Naturally, the number of occupants, electricity use habits and features of the home, such as insulation and energy efficiency, may have a significant impact on the amount of the refund, and in other provinces, oversight debates continue following a BC Hydro fund surplus revelation.

What if you were an account holder in 2018 or 2019 but you are no longer a Hydro-Québec customer?
People who were account holders in 2018 or 2019, but who are no longer Hydro-Québec customers will receive their credit by cheque, a lump sum credit approach seen elsewhere.

To receive their cheque, these people must get in touch to update their address in one of the following ways:  

If they have a Hydro-Québec Customer Space and remember their access code, they can update their profile.

Anyone without a Customer Space or who doesn't remember their access code can fill out the Request for a credit form at the following address: www.hydroquebec.com/credit in which they can indicate the address where they wish to receive their cheque, where applicable.

Those who cannot send us their address online can call 514 385-7252 or 1 888 385-7252 to give it to a customer services representative, as utilities like Hydro One have moved to reconnect customers in some cases. Note that the process will take longer on the phone, especially if the call volume is high.

UPDATE: Hydro-Québec will be returning an additional $35 million to customers under the adoption of Bill 34, amid overcharging allegations reported elsewhere.

Energy Minister Jonatan Julien announced on Tuesday that the public utility will be refunding a total of $535 million to customers between January and April.

The legislation, which was passed in December, allows the Quebec government to take control of the rates charged for electricity in the province, including decisions on whether to seek a rate hike next year under the new framework.

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Yukon Electricity Demand Record underscores peak load growth as winter cold snaps drive heating, lighting, and EV charging, blending hydro, LNG, and diesel with renewable energy and planned grid-scale battery storage in Whitehorse.

Key Points

It is the territory's new peak electricity load, reflecting winter demand, electric heating, EVs, and mixed generation.

✅ New peak: 104.42 MW, surpassing 2020 record of 103.84 MW

✅ Winter peaks met with hydro, LNG, diesel, and renewables mix

✅ Customers urged to shift use off peak hours and use timers

A new record for electricity demand has been set in Yukon. The territory recorded a peak of 104.42 megawatts, according to a news release from Yukon Energy.

The new record is about a half a megawatt higher than the previous record of 103.84 megawatts recorded on Jan. 14, 2020.

While in general, over 90 per cent of the electricity generated in Yukon comes from renewable resources each year, with initiatives such as new wind turbines expanding capacity, during periods of high electricity use each winter, Yukon Energy has to use its hydro, liquefied natural gas and diesel resources to generate the electricity, the release says.

But when it comes to setting records, Andrew Hall, CEO of Yukon Energy, says it's not that unusual.

"Typically, during the winter, when the weather is cold, demand for electricity in the Yukon reaches its maximum. And that's because folks use more electricity for heating their homes, for cooking meals, there's more lighting demand, because the days are shorter," he said.

"It usually happens either in December or sometimes in January, when we get a cold snap."

He said generally over the years, electricity demand has grown.

"We get new home construction, construction of new apartment buildings. And typically, those new homes are all heated by electricity, maybe not all of them but the majority," Hall said.

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Efforts to curb climate change add to electricity demand
There are also other reasons, ones that are "in the name of climate change," Hall added.

That includes people trying to limit fossil fuel heating by swapping to electric heating. And, he said some Yukoners are switching to electric vehicles as incentives expand across the North.

"Over time, those two new demands, in the name of climate change, will also contribute to growing demand for electricity," he said.

While Yukon did reach this new all time high, Hall said the territory still hadn't hit the maximum capacity for the week, which was 118 megawatts, and discussions about a potential connection to the B.C. grid are part of long-term planning.

Yukon Energy's hydroelectric dam in Whitehorse. Yukon Energy's CEO, Andrew Hall, said demand of 104 megawatts wasn't unexpected, nor was it an emergency. The corporation has the ability to generate 118 megawatts. (Paul Tukker/CBC)
Tips to curve demand
"When we plan our system, we actually plan for a scenario, guided by the view that sustainability is key to the grid's future, where we actually lose our largest hydro generating facility," Hall said.

"We had plenty of generation available so it wasn't an emergency situation, and, even as other provinces face electricity shortages, it was more just an observation that hey, our peaks are growing."

He also said it was an opportunity to reach out to customers on ways to curve their demand for electricity around peak times, drawing on energy efficiency insights from other provinces, which is typically between 7 a.m. and 9 a.m., and between 5 p.m. and 7 p.m., Monday to Friday.

For example, he said, people should consider running major appliances, like dishwashers, during non-peak hours, such as in the afternoon rather than in the morning or evening.

During winter peaks, people can also use a block heater timer on vehicles and turn down the thermostat by one or two degrees.

'We plan for each winter'
Hall said Yukon Energy is working to increase its peak output, including working on a large grid scale battery to be installed in Whitehorse, similar to Ontario's energy storage push now underway. 

When it comes to any added load from people working from home due to COVID-19, Hall said they haven't noticed any identifiable increase there.

"Presumably, if someone's working from home, you know, their computer is at home, and they're not using the computer at the office," he said.

Yukon Energy one step closer to having largest battery storage site in the North
He said there shouldn't be any concern for maxing out the capacity of electricity demand as Yukon moves into the colder winter months, since those days are forecast for.

"This number of 104 megawatts wasn't unexpected," he said, adding how much electricity is needed depends on the weather too.

"We plan for each winter."

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