Power supply should meet summer demand

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

Related News

• Electricity Forum News

• Energy Policy News

IAEA OSART Cernavoda highlights strengthened operational safety at Romania’s Cernavoda NPP, citing improved maintenance practices, simulator training, and deficiency reporting, with ongoing actions on spare parts procurement, procedure updates, and chemical control for nuclear compliance.

Key Points

An IAEA follow-up mission confirming improved operational safety at Cernavoda NPP, with remaining actions tracked.

✅ Enhanced simulator training and crew performance

✅ Improved field deficiency identification and reporting

✅ Ongoing upgrades to procedures, spares, and chemical control

The International Atomic Energy Agency (IAEA) said yesterday that the operator of Romania’s Cernavoda nuclear power plant had demonstrated "strengthened operational safety" by addressing the findings of an initial IAEA review in 2016. The Operational Safety Review Team (OSART) concluded a five-day follow-up mission on 8 March to the Cernavoda plant, which is on the Danube-Black Sea Canal, about 160 km from Bucharest.

The plant's two 706 MWe CANDU pressurised heavy water reactors, reflecting Canadian nuclear projects, came online in 1996 and 2007, respectively.

The OSART team was led by Fuming Jiang, a senior nuclear safety officer at the IAEA, which recently commended China's nuclear security in separate assessments.

"We saw improvements in key areas, such as the procurement of important spare parts, the identification and reporting of some deficiencies, and some maintenance work practices, as evidenced by relevant performance indicators," Jiang said, noting milestones at nuclear projects worldwide this year.

The team observed that several findings from the 2016 review had been fully addressed, including: enhanced operator crew performance during simulator training; better identification and reporting of deficiencies in the field; and improvement in maintenance work practices.

More time is required, it said, to fully implement some actions, including: further improvements in the procurement of important spare parts with relevance to safety; further enhancement in the revision and update of some operating procedures, drawing on lessons from Pickering NGS life extensions undertaken in Ontario; and control and labelling of some plant chemicals.

Dan Bigu, site vice president of Cernavoda NPP, said the 2016 mission had "proven to be very beneficial", adding that the current follow-up mission would "provide further catalyst support to our journey to nuclear excellence".

The team provided a draft report of the mission to the plant's management and a final report will be submitted to the Romanian government, which recently moved to terminate talks with a Chinese partner on a separate nuclear project, within three months.

OSART missions aim to improve operational safety by objectively assessing safety performance, even as the agency reports mines at Ukraine's Zaporizhzhia plant amid ongoing risks, using the IAEA's safety standards and proposing recommendations and suggestions for improvement where appropriate. The follow-up missions are standard components of the OSART programme and, as the IAEA has warned of risks from attacks on Ukraine's power grids, are typically conducted within two years of the initial mission.

Related News

• Electricity Forum News

• Power Generation News

NB Power Pulp and Paper Subsidies lower electricity rates for six New Brunswick mills using firm power benchmarks and interruptible discounts, while government mandates, utility debt, ratepayer impacts, and competitiveness pressures shape provincial energy policy.

Key Points

Provincial mandates that buy down firm electricity rates for six mills to a national average, despite NB Power's debt.

✅ Mandated buy-down to match national firm electricity rates

✅ Ignores large non-firm interruptible power discounts

✅ Raises equity concerns amid NB Power debt and rate pressure

An effort to fix NB Power's struggling finances that is supposed to involve a look at "all options" will not include a review of the policy that requires the utility to subsidize electricity prices for six New Brunswick pulp and paper mills, according to the Department of Natural Resources and Energy Development.

The program is meant "to enable New Brunswick's pulp and paper companies have access to competitive priced electricity,"  said the department's communications officer Nick Brown in an email Monday 

"Keeping our large industries competitive with other Canadian jurisdictions, amid Nova Scotia rate hike opposition debates elsewhere, is important," he wrote, knocking down the idea the subsidy program might be scrutinized for shortcomings like other NB Power expenses.

Figures released last week show NB Power paid out $9.7 million in rate subsidies to the mills under the program in the fiscal year ended in March 2021, even though the utility was losing $4 million for the year and falling deeper into debt, amid separate concerns about old meter issues affecting households.

Subsidies went to three mills owned by J.D. Irving Ltd. including two in Saint John and one in Lake Utopia, two owned by the AV group in Nackawic and Atholville and the Twin Rivers pulp mill in Edmundston.

The New Brunswick government has made NB Power subsidize pulp and paper mills like Twin Rivers Paper Company since 2012, and is requiring the program to continue despite financial problems at the utility. (CBC)
It was NB Power's second year in a row of financial losses, while it is supposed to pay down $500 million of its $4.9 billion debt load in the next five years to prepare for the refurbishment of the Mactaquac dam, a burden comparable to customers in Newfoundland paying for Muskrat Falls elsewhere under separate policies, under a directive issued by the province

NB Power president Keith Cronkhite said he was "very disappointed" with debt increasing last year instead of  falling and senior vice president and chief financial officer Darren Murphy said everything would be under the microscope this year to turn the utility's finances around.  

"We need to do better," said Murphy on Thursday

"We need to step back and make sure we're considering all options, including approaches like Newfoundland's ratepayer shield agreement on megaproject overruns, to achieve that objective because the objective is quickly closing in on us."

However, reviewing the subsidy program for the six pulp and paper mills is apparently off limits.

The subsidy program requires NB Power to buy down the cost of "firm" electricity bought by pulp and paper mills to a national average that is calculated by the Department of Natural Resources and Energy Development.

Last year the province declared the price mills in New Brunswick pay to be an average of  7.536 cents per kilowatt hour (kwh).  It is higher than rates in five other provinces that have mills, which the province points to as justification for the subsidies, even as Nova Scotia's 14% rate hike approval highlights broader upward pressure, although the true significance of that difference is not entirely clear.

In British Columbia, the large forest products company Paper Excellence operates five pulp and paper mills which are charged 17.2 per cent less for firm electricity than the six mills in New Brunswick.

The Paper Excellence Paper Mill in Port Alberni, B.C. pays lower electricity prices than mills in New Brunswick, a benefit largely offset by higher property taxes. It's a factor New Brunswick does not count in calculating subsidies NB Power must pay. (Paper Excellence)
However, local property taxes on the five BC mills are a combined $7.8 million higher than the six New Brunswick plants, negating much of that difference.

The province's subsidy formula does not account for differences like that or for the fact New Brunswick mills buy a high percentage of their electricity at cheap non-firm prices.

Not counting the subsidies, NB Power already sells high volumes of what it calls interruptible and surplus power to industry at deep discounts on the understanding it can be cut off and redeployed elsewhere on short notice when needed.

Actual interruptions in service are rare.  Last year there were none, but NB Power sold 837 million kilowatt hours of the discounted power to industry at an average price of 4.9 cents per kwh.   

NB Power does not disclose how much of the $22 million or more in savings went to the six mills, but the price was 35 per cent below NB Power's posted rate for the plants and rivaled firm prices big mills receive anywhere in Canada, including Quebec.

Asked why the subsidy program ignores large amounts of discounted interruptible power used by New Brunswick mills in making comparisons between provinces, Brown said regulations governing the program require a comparison of firm prices only.

"The New Brunswick average rate is based on NB Power's published large industrial rate for firm energy, as required by the Electricity from Renewable Resources regulation," he wrote.

The subsidy program itself was imposed on NB Power by the province in 2012 to aid companies suffering after years of poor markets for forest products following the 2008 financial collapse and recession.  

Providing subsidies has cost NB Power $100 million so far and has continued even as markets for pulp products improved significantly and NB Power's own finances worsened.

Report warned against subsidies
NB Power has never directly criticized the program, but in a matter currently in front the of the New Brunswick Energy and Utilities Board looking at how NB Power might restructure its rates, including proposals such as seasonal rates that could prompt backlash, an independent consultant hired by the utility suggested rate subsidies to large export oriented manufacturing facilities, like pulp and paper mills, is generally a poor idea.

"We do not recommend offering subsidies to exporters," says the report by Christensen Associates Energy Consulting of Madison, Wis.

"There are two serious economic problems with subsidizing exports. The first is that the benefits may be less than the costs. The second problem is that subsidies tend to last forever, even if the circumstances that initially justified the subsidies have disappeared."

The Christensen report did not directly assess the merits of the current subsidy for pulp and paper mills but it addressed the issue because it said in the design of new rates "one NB Power business customer has raised the possibility that their electricity-intensive business ought to be granted subsidies because of the potential to generate extra benefits for the Province through increases in their exports"

That, said Christensen, rarely benefits the public.

"The direct costs of the subsidies are the subsidies themselves, a part of which ends up in the pockets of out-of-province consumers of the exported goods," said the report.  

"But there are also indirect costs due to the fact that the subsidies are financed through higher electricity prices, which means that other electricity customers have less money to spend on services provided by local businesses, thus putting a drag on the local economy."

The province does not agree.

Asked whether it has any studies or cost-benefit reviews that show the subsidy program is a net benefit to New Brunswick, the department cited none but maintained it is an important initiative, even as elsewhere governments have offered electricity bill credit relief to ratepayers.

"The program was designed to give large industrial businesses the ability to compete on a level energy field," wrote Brown.
 

Related News

• Electricity Forum News

• Energy Policy News

eRex Biomass Power Plant will deliver 300 MW in Japan, offering stable baseload renewable energy, coal-cost parity, and feed-in tariff independence through economies of scale, efficient fuel procurement, and utility-scale operations supporting RE100 demand.

Key Points

A 300 MW Japan biomass project targeting coal-cost parity and FIT-free, stable baseload renewable power.

✅ 300 MW capacity; enough for about 700,000 households

✅ Aims to skip feed-in tariff via economies of scale

✅ Targets coal-cost parity with stable, dispatchable output

Power supplier eRex will build its largest biomass power plant to date in Japan, hoping the facility's scale will provide healthy margins, a strategy increasingly seen among renewable developers pursuing diverse energy sources, and a means of skipping the government's feed-in tariff program.

The Tokyo-based electric company is in the process of selecting a location, most likely in eastern Japan. It aims to open the plant around 2024 or 2025 following a feasibility study. The facility will cost an estimated 90 billion yen ($812 million) or so, and have an output of 300 megawatts -- enough to supply about 700,000 households. ERex may work with a regional utility or other partner

The biggest biomass power plant operating in Japan currently has an output of 100 MW. With roughly triple that output, the new facility will rank among the world's largest, reflecting momentum toward 100% renewable energy globally that is shaping investment decisions.

Nearly all biomass power facilities in Japan sell their output through the government-mediated feed-in tariff program, which requires utilities to buy renewable energy at a fixed price. For large biomass plants that burn wood or agricultural waste, the rate is set at 21 yen per kilowatt-hour. But the program costs the Japanese public more than 2 trillion yen a year, and is said to hamper price competition.

ERex aims to forgo the feed-in tariff with its new plant by reaping economies of scale in operation and fuel procurement. The goal is to make the undertaking as economical as coal energy, which costs around 12 yen per kilowatt-hour, even as solar's rise in the U.S. underscores evolving benchmarks for competitive renewables.

Much of the renewable energy available in Japan is solar power, which fluctuates widely according to weather conditions, though power prediction accuracy has improved at Japanese PV projects. Biomass plants, which use such materials as wood chips and palm kernel shells as fuel, offer a more stable alternative.

Demand for reliable sources of renewable energy is on the rise in the business world, as shown by the RE100 initiative, in which 100 of the world's biggest companies, such as Olympus, have announced their commitment to get 100% of their power from renewable sources. ERex's new facility may spur competition.

Related News

• Electricity Forum News

• Renewable Energy News

California Storm Outages and Landslides strain utilities, trigger flooding, road closures, and debris flows, causing widespread power cuts and infrastructure damage as emergency response teams race to restore service, clear slides, and support evacuations.

Key Points

California Storm Outages and Landslides are storm-driven power cuts and slope failures disrupting roads and utilities.

✅ Tens of thousands face prolonged power outages across regions

✅ Landslides block highways, damage property, hinder access

✅ Crews restore grids, clear debris, support shelters and evacuees

California is grappling with a dual crisis of power outages and landslides following a severe storm that has swept across the state. The latest reports indicate widespread disruptions affecting thousands of residents and significant infrastructure damage. This storm is not only a test of California's emergency response capabilities but also a stark reminder of the increasing vulnerability of the state to extreme weather events, and of the U.S. electric grid in the face of climate stressors.

Storm’s Impact on California

The recent storm, which hit California with unprecedented intensity, has unleashed torrential rain, strong winds, and widespread flooding. These severe weather conditions have overwhelmed the state’s infrastructure, leading to significant power outages that are affecting numerous communities. According to local utilities, tens of thousands of homes and businesses are currently without electricity. The outages have been exacerbated by the combination of heavy rain and gusty winds, which have downed power lines and damaged electrical equipment.

In addition to the power disruptions, the storm has triggered a series of landslides across various regions. The combination of saturated soil and intense rainfall has caused several hillside slopes to give way, leading to road closures and property damage. Emergency services are working around the clock to address the aftermath of these landslides, but access to affected areas remains challenging due to blocked roads and ongoing hazardous conditions.

Emergency Response and Challenges

California’s emergency response teams are on high alert as they coordinate efforts to manage the fallout from the storm. Utility companies are deploying repair crews to restore power as quickly as possible, but the extensive damage to infrastructure means that some areas may be without electricity for several days. The state’s Department of Transportation is also engaged in clearing debris from landslides and repairing damaged roads to ensure that emergency services can reach affected communities.

The response efforts are complicated by the scale of the storm’s impact. With many areas experiencing both power outages and landslides, the logistical challenges are immense. Emergency shelters have been set up to provide temporary refuge for those displaced by the storm, but the capacity is limited, and there are concerns about overcrowding and resource shortages.

Community and Environmental Implications

The storm’s impact on local communities has been profound. Residents are facing not only the immediate challenges of power outages and unsafe road conditions but also longer-term concerns about recovery and rebuilding. Many individuals have been forced to evacuate their homes, and local businesses are struggling to cope with the disruption.

Environmental implications are also significant. The landslides and flooding have caused considerable damage to natural habitats and have raised concerns about water contamination and soil erosion. The impact on the environment could have longer-term consequences for the state’s ecosystems and water supply.

Climate Change and Extreme Weather

This storm underscores a growing concern about the increasing frequency and intensity of extreme weather events linked to climate change. California has been experiencing a rise in severe weather patterns, including intense storms, prolonged droughts, and extreme heat waves that strain the grid. These changes are putting additional strain on the state’s infrastructure and emergency response systems.

Experts have pointed out that while individual storms cannot be directly attributed to climate change, the overall trend towards more extreme weather is consistent with scientific predictions. As such, there is a pressing need for California to invest in infrastructure improvements and resilience measures, and to consider accelerating its carbon-free electricity mandate to better withstand future events.

Looking Ahead

As California deals with the immediate aftermath of this storm, attention will turn to recovery and rebuilding efforts. The state will need to address the damage caused by power outages and landslides while also preparing for future challenges posed by climate change.

In the coming days, the focus will be on restoring power, clearing debris, and providing support to affected communities. Long-term efforts will likely involve reassessing infrastructure vulnerabilities, improving emergency response protocols, and investing in climate resilience measures across the grid.

Related News

• Electricity Forum News

• Climate Change News

UK Future System Operator to replace National Grid as ESO, enabling smart grid reform, impartial system planning, vehicle-to-grid, long duration storage, and data-driven oversight to meet net zero and cut consumer energy costs.

Key Points

The UK Future System Operator is an independent ESO and planner, steering net zero with impartial data and smart grid coordination.

✅ Replaces National Grid ESO with independent system operator

✅ Enables smart grid, vehicle-to-grid, and long-duration storage

✅ Supports net zero, lower bills, and impartial system planning

The government plans to strip National Grid of its role keeping Great Britain’s lights on as part of a proposed “revolution’” in the electricity network driven by smart digital grid technologies.

The FTSE 100 company has played a role in managing the energy system of England, Scotland and Wales, including efforts such as a subsea power link that brings renewable power from Scotland to England (Northern Ireland has its own network). It is the electricity system operator, balancing supply and demand to ensure the electricity supply. But it will lose its place at the heart of the industry after government officials put forward plans to replace it with an independent “future system operator”.

The new system controller would help steer the country towards its climate targets, at the lowest cost to energy bill payers, by providing impartial data and advice after an overhaul of the rules governing the energy system to make it “fit for the future”.

The plans are part of a string of new proposals to help connect millions of electric cars, smart appliances and other green technologies to the energy system, and to fast-track grid connections nationwide, which government officials believe could help to save £10bn a year by 2050, and create up to 10,000 jobs for electricians, data scientists and engineers.

The new regulations aim to make it easier for electric cars to export electricity from their batteries back on to the power grid or to homes when needed. They could also help large-scale and long-duration batteries play a role in storing renewable energy, supported by infrastructure such as a 2GW substation helping integrate supply, so that it is available when solar and wind power generation levels are low.

Anne-Marie Trevelyan, the energy and climate change minister, said the rules would allow households to “take control of their energy use and save money” while helping to make sure there is clean electricity available “when and where it’s needed”.

She added: “We need to ensure our energy system can cope with the demands of the future. Smart technologies will help us to tackle climate change while making sure that the lights stay on and bills stay low.”

The energy regulator, Ofgem, raised concerns earlier this year that National Grid would face a “conflict of interest” in providing advice on the future electricity system because it also owns energy networks that stand to benefit financially from future investment plans. It called for a new independent operator to take its place.

Jonathan Brearley, Ofgem’s chief executive, said the UK requires a “revolution” in how and when it uses electricity, including demand shifts during self-isolation to help meet its climate targets and added that the government’s plans for a new digital energy system were “essential” to meeting this goal “while keeping energy bills affordable for everyone”.

A National Grid spokesperson said the company would “work closely” with the government and Ofgem on the role of a future system operator, as well as “the most appropriate ownership model and any future related sale”.

The division has earned National Grid, which has addressed cybersecurity fears in supplier choices, an average of £199m a year over the last five years, or 1.3% of the group’s total revenues, which are split between the UK – where it operates high-voltage transmission lines in England and Wales, and the country’s gas system – and its growing energy supply business in the US, aligned with investment in a smarter electricity infrastructure in the US to modernize grids.

Related News

• Electricity Forum News

• Grid Technologies News