Iraq still plagued by outages

By International Herald Tribune


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Lack of electricity is still a big problem in Iraq, and there's lots of blame to go around. Much of it goes to the usual suspects: too many insurgent attacks, too few experienced engineers and technicians.

But there's another factor, big and getting bigger, which you probably haven't read about. It's one that Prime Minister Nuri Kamal al-Maliki and his bureaucrats could solve quickly, if they wanted to: Iraq's Ministries of Oil and Electricity are at loggerheads.

While they bicker, Iraqis seethe. During a cold snap this January, I spent a morning interviewing people on the streets of Falluja. Over and over again, I heard variations on two basic themes: appreciation that the coalition had driven the insurgents out of town, and anger over the inability of their government, with American assistance, to provide them with more than an hour or two of electricity each day.

The number of hours may vary, but much the same complaint can be heard just about anywhere in Iraq. Electricity remains a scarce commodity, even though more than $6 billion, mostly in American money, has been devoted to improving supply.

From an encouraging peak of 5,530 megawatts last July 11, typical daily peaks have slipped back to around 4,500 megawatts, according to a recent report by the Special Inspector General for Iraq Reconstruction. That's only about 500 megawatts more than what it was shortly after the start of reconstruction five years ago - before the completion of thousands of American-supported projects. Summer peak demand will be at least 11,000 megawatts, the U.S. State Department estimates.

While the insurgency is a major factor, the heart of the matter is that the oil and electricity ministries have coexisted uneasily ever since they were reconstituted by the Coalition Provisional Authority in 2003. To run its generating plants, the cash-starved Electricity Ministry must beg for whatever fuel the Oil Ministry can spare, while buying as much as it can from places like Kuwait. But charity isn't a priority for Iraq's Oil Ministry - quite the contrary.

Almost all of the Iraqi government's revenues come from oil exports. They totaled $39.8 billion last year, the government says, accounting for about 95 percent of its income. So it is not surprising that the oil minister, Hussain al-Shahristani, has been acting as though every barrel not exported is money wasted.

But that attitude, and the tacit approval of Maliki, is helping to prolong the economic, social and security quagmires that continue to afflict the country. All over Iraq, generating plants sit idle for lack of fuel. The State Department estimates that on a typical day about 1,500 megawatts of power, or one-third of the country's peak output, are unavailable because the Electricity Ministry cannot get enough fuel.

While the Oil Ministry swells the government coffers, hospitals, water-pumping stations and sewage systems function sporadically or not at all. And now countless Iraqis are preparing for yet another summer of sweltering nights and spoiling food.

The Oil Ministry's also refuses to pay for any oil-related projects that do not help the cause of exporting more crude oil. "The Oil Ministry has done zero projects to benefit electricity," an American diplomat in Baghdad told me. "They couldn't care less."

Reconstruction experts at the American Embassy in Baghdad told me of a dozen or so proposed oil projects that could make a big difference in the electricity supply. One is the renovation of the pipeline that brings crude from the southern oil fields to the Doura refinery in Baghdad, which is the nation's largest producer of kerosene and gasoline.

A branch of this pipeline also feeds the Musayyib power plant, south of the capital. Workers there are now finishing a $50 million structure, called a topping unit, to produce diesel fuel for 10 new turbine-generators. Unfortunately, the troubled project to buy and install those generators has dragged on for years and has cost American taxpayers more than $300 million so far. Only four of the generators are ready to operate, but even they sit idle for lack of fuel. A few more generators are expected to be ready in the next couple of months, but the pipeline still won't be capable of delivering enough crude oil for conversion into diesel at the topping unit to run the generators.

To allow this to happen, the pipeline would need an additional pumping station and some general refurbishing. The cost would be very small compared to the money already invested at Musayyib, or compared to alternative fueling schemes like bringing in diesel fuel in convoys of dozens of tanker trucks every day. But the Oil Ministry refuses to modernize the pipeline's pumping system because it wants the oil flowing south for export.

Meanwhile, at the big Qudas power station north of the capital, workers are adding two new generating units to the eight already installed. There's an old oil field literally across the street from Qudas that now pumps enough crude-oil distillate to supply three of the plant's generating units; the other units, however, rely on fuel being trucked in.

It would cost an estimated $50 million to rehabilitate enough of the fields' aging wells and equipment to supply enough an amount of crude, diesel and gas sufficient to fuel 7 of the 10 generating units that Qudas will soon have. Consultants from the American engineering firm Fluor estimate that, given the cost savings from no longer having to truck in the crude, the $50 million would be recouped in about a month. But, here, too, the Oil Ministry isn't interested. "They have no dog in that fight," an embassy official told me. "There's no way for them to make money out of it."

Perhaps the biggest waste of all in Iraq involves not oil but natural gas, an enormous resource that is literally squandered all the time. It comes out of the ground along with oil, and is simply burned off, or "flared," to prevent it from exploding. Yet several studies have concluded that if the gas from the southern oil fields alone were used to generate electricity, it could provide 4,100 megawatts, nearly doubling Iraq's total capacity. Nevertheless, the Oil Ministry has pushed back on every Electricity Ministry proposal over the past five years aimed at capturing and delivering the gas to generating plants.

Not only the two ministries are at odds, their leaders are as well, American diplomats tell me. The oil minister, Shahristani, was trained as a chemical engineer, worked as a nuclear specialist and spent years in Saddam Hussein's prisons - but he had no experience in the oil industry before his appointment.

He is, however, well connected with the Supreme Council for the Islamic Revolution in Iraq, the country's dominant Shiite political party. Meanwhile, the electricity minister, Karim al-Hasan, holds a Ph.D. in electrical engineering and came up through the ranks of the ministry, which gives him great expertise but little political sway.

Efforts to bring coherence and compromise to Iraq's energy ministries have been sparse and fruitless. A multi-ministry "energy-fusion cell" was set up nearly a year ago to work with the Pentagon and State Department on an integrated energy plan, but this has gone nowhere.

One promising note: The Iraqi government's new agreement on sharing oil resources among regions apparently has language mandating that the government stop flaring its natural gas and start capturing and using it.

Iraq has some of the world's largest known oil reserves, but it spent nearly $1 billion - maybe twice that - importing refined oil products last year. That's not the only paradox. Iraqis are experiencing the unfortunate results of America's failure to anticipate the fuel requirements of the three dozen generating units it installed early during reconstruction.

Sadly, thanks to bureaucratic infighting and an obsession with export revenue, their own government is now on a path to institutionalize and perpetuate those energy problems indefinitely.

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Jordan approves MOU to implement Jordan-Saudi Arabia electricity linkage

Jordan-Saudi Electricity Linkage Project connects NEPCO and Saudi National Electricity Company to launch feasibility studies, advancing cross-border grid interconnection, Arab electricity linkage goals, and enhancing power reliability, stability, and energy security in both countries.

 

Key Points

A bilateral grid interconnection by NEPCO and Saudi Electricity Co. to improve reliability and stability.

✅ Enables joint technical and financial feasibility studies

✅ Improves cross-border grid reliability and stability

✅ Part of Arab electricity linkage; supports energy security

 

The Jordanian Cabinet on has approved the memorandum of understanding to implement the electricity linkage project between Jordan and Saudi Arabia, echoing regional steps such as Lebanon's electricity sector reform to modernize power governance.

The memo will be signed between the National Electric Power Company(NEPCO) and the Saudi National Electricity Company, mirroring cross-border efforts like CEA-Mexico electricity cooperation to strengthen regional interconnections.

The agreement will enable the two sides to initiate technical and financial feasibility studies for the project, which aims to enhance the stability and reliability of electricity networks in both countries, aligning with measures to secure power such as Ireland's electricity supply plan pursued internationally.

The initial feasibility studies, which came as part of the comprehensive Arab electricity linkage issued by the Arab League in 2014, had shown the possibility of implementing the Jordanian-Saudi linkage, as electricity markets evolve in places like Alberta electricity market changes toward new designs.

Regional developments, including a Lebanon electricity goodwill gesture that sowed discord, underscore the complexities of power-sector reform.

Also on Wednesday, the Government approved the third amendment to the grant agreement provided by the EU for a programme of financial inclusion through improving the governance and the spread of micro-financing in Jordan.

Jordan and the EU signed the grant agreement on December 14, 2014 to support the general budget.

The Cabinet also approved the recommendations of the ministerial team tasked with overseeing the annual and financial plans of public credit funds in the Kingdom.

The recommendations included establishing a guidance office to introduce the governmental lending programmes and windows within Iradah centres affiliated with the Planning and International Cooperation Ministry.

The Council of Ministers decided to oblige the government institutions to execute all of their correspondences to the Jordan Customs Department (JCD) electronically.

The decision also includes cancelling the provision of 55 JCD services by conventional paper works and to be provided only online.

The council also approved the outcomes of the study to restructure the governmental body.

The outcomes proposed activating the Higher Health Council, cancelling the independence of the Vocational and Technical Employment Training Fund transferring its functions to the Employment and Development Fund, and activating the National ICT Centre.

The government has cancelled the National Fund to Support Sports and the Scientific Support Fund.

 

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Solar PV and wind power in the US continue to grow amid favourable government plans

US Renewable Power Outlook 2030 projects surging capacity, solar PV and wind growth, grid modernization, and favorable tax credits, detailing market trends, CAGR, transmission expansion, and policy drivers shaping clean energy generation and consumption.

 

Key Points

A forecast of US power capacity, generation, and consumption, highlighting solar, wind, tax credits, and grid modernization.

✅ Targets 48.4% renewable capacity share by 2030

✅ Strong growth in solar PV and onshore wind installations

✅ Investment and tax credits drive grid and transmission upgrades

 

GlobalData’s latest report, ‘United States Power Market Outlook to 2030, Update 2021 – Market Trends, Regulations, and Competitive Landscape’ discusses the power market structure of the United States and provides historical and forecast numbers for capacity, generation and consumption up to 2030. Detailed analysis of the country’s power market regulatory structure, competitive landscape and a list of major power plants are provided. The report also gives a snapshot of the power sector in the country on broad parameters of macroeconomics, supply security, generation infrastructure, transmission and distribution infrastructure, about a quarter of U.S. electricity from renewables in recent years, electricity import and export scenario, degree of competition, regulatory scenario, and future potential. An analysis of the deals in the country’s power sector is also included in the report.

Renewable power held a 19% share of the US’s total power capacity in 2020, and in that year renewables became the second-most prevalent source in the U.S. electricity mix by generation; this share is expected to increase significantly to 48.4% by 2030. Favourable policies introduced by the US Government will continue to drive the country’s renewable sector, particularly solar photovoltaics (PV) and wind power, with wind now the most-used renewable source in the U.S. generation mix. Installed renewable capacity* increased from 16.5GW in 2000 to 239.2GW in 2020, growing at a compound annual growth rate (CAGR) of 14.3%. By 2030, the cumulative renewable capacity is expected to rise to 884.6GW, growing at a CAGR of 14% from 2020 to 2030. Despite increase in prices of renewable equipment, such as solar modules, in 2021, the US renewable sector will show strong growth during the 2021 to 2030 period as this increase in equipment prices are short term due to supply chain disruptions caused by the Covid-19 pandemic.

The expansion of renewable power capacity during the 2000 to 2020 period has been possible due to the introduction of federal schemes, such as Production Tax Credits, Investment Tax Credits and Manufacturing Tax Credits. These have massively aided renewable installations by bringing down the cost of renewable power generation and making it at par with power generated from conventional sources. Over the last few years, the cost of solar PV and wind power installations has declined sharply, and by 2023 wind, solar, and batteries made up most of the utility-scale pipeline across the US, highlighting investor confidence. Since 2010, the cost of utility-scale solar PV projects decreased by around 82% while onshore wind installations decreased by around 39%. This has supported the rapid expansion of the renewable market. However, the price of solar equipment has risen due to an increase in raw material prices and supply shortages. This may slightly delay the financing of some solar projects that are already in the pipeline.

The US will continue to add significant renewable capacity additions during the forecast period as industry outlooks point to record solar and storage installations over the coming years, to meet its target of reaching 80% clean energy by 2030. In November 2021, President Biden signed a $1tr Infrastructure Bill, within which $73bn is designated to renewables. This includes not just renewable capacity building, but also strengthening the country’s power grid and laying new high voltage transmission lines, both of which will be key to driving solar and wind power capacity additions as wind power surges in the U.S. electricity mix nationwide.

The US was one of the worst hit countries in the world due to the Covid-19 pandemic in 2020. With respect to the power sector, the electricity consumption in the country declined by 2.5% in 2020 as compared to 2019, even as renewable electricity surpassed coal in 2022 in the generation mix, highlighting continued structural change. Power plants that were under construction faced delays due to unavailability of components due to supply chain disruptions and unavailability of labour due to travel restrictions.

According to the US Energy Information Administration, 61 power projects, having a total capacity of 2.4GWm which were under construction during March and April 2020 were delayed because of the Covid-19 pandemic. Among renewable power technologies, solar PV and wind power projects were the most badly affected due to the pandemic.

In March and April 2020, 53 solar PV projects, having a total capacity of 1.3GW, and wind power projects, having a total capacity of 1.2GW, were delayed due to the Covid-19 pandemic. Moreover, several states suspended renewable energy auctions due to the pandemic.

For instance, New York State Energy Research and Development Authority (NYSERDA) had issued a new offshore wind solicitation for 1GW and up to 2.5GW in April 2020, but this was suspended due to the Covid-19 pandemic. In July 2020, the authority relaunched the tender for 2.5GW of offshore wind capacity, with a submission deadline in October 2020.

To ease the financial burden on consumers during the pandemic, more than 1,000 utilities in the country announced disconnection moratoria and implemented flexible payment plans. Duke Energy, American Electric Power, Dominion Power and Southern California Edison were among the major utilities that voluntarily suspended disconnections.

 

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Nigeria's Electricity Crisis

Nigeria Electricity Crisis undermines energy access as aging grid, limited generation, and transmission losses cause power outages, raising costs for businesses and public services; renewables, microgrids, and investment offer resilient, inclusive solutions.

 

Key Points

A nationwide power gap from weak infrastructure, low generation, and grid losses that disrupt services and growth.

✅ Aging grid and underinvestment drive frequent power outages

✅ Businesses face higher costs, lost productivity, weak competitiveness

✅ Renewables, microgrids, and regulatory reform can expand access

 

In Nigeria, millions of residents face persistent challenges with access to reliable electricity, a crisis that has profound implications for businesses, public services, and overall socio-economic development. This article explores the root causes of Nigeria's electricity deficit, drawing on 2021 electricity lessons to inform analysis, its impact on various sectors, and potential solutions to alleviate this pressing issue.

Challenges with Electricity Access

The issue of inadequate electricity access in Nigeria is multifaceted. The country's electricity generation capacity falls short of demand due to aging infrastructure, inadequate maintenance, and insufficient investment in power generation and distribution, a dynamic echoed when green energy supply constraints emerge elsewhere as well. As a result, many Nigerians, particularly in rural and underserved urban areas, experience frequent power outages or have limited access to electricity altogether.

Impact on Businesses

The unreliable electricity supply poses significant challenges to businesses across Nigeria. Manufacturing industries, small enterprises, and commercial establishments rely heavily on electricity to operate machinery, maintain refrigeration for perishable goods, and power essential services. Persistent power outages disrupt production schedules, increase operational costs, and, as grids prepare for new loads from electric vehicle adoption worldwide, hinder business growth and competitiveness in both domestic and international markets.

Public Services Strain

Public services, including healthcare facilities, schools, and government offices, also grapple with the consequences of Nigeria's electricity crisis. Hospitals rely on electricity to power life-saving medical equipment, maintain proper sanitation, and ensure patient comfort. Educational institutions require electricity for lighting, technological resources, and administrative functions. Without reliable power, the delivery of essential public services is compromised, impacting the quality of education, healthcare outcomes, and overall public welfare.

Socio-economic Impact

The electricity deficit in Nigeria exacerbates socio-economic disparities and hampers poverty alleviation efforts, even as debates continue over whether access alone reduces poverty in every context. Lack of access to electricity limits economic opportunities, stifles entrepreneurship, and perpetuates income inequality. Rural communities, where access to electricity is particularly limited, face greater challenges in accessing educational resources, healthcare services, and economic opportunities compared to urban counterparts.

Government Initiatives and Challenges

The Nigerian government has implemented various initiatives to address the electricity crisis, including privatization of the power sector, investment in renewable energy projects, and regulatory reforms aimed at improving efficiency and accountability, while examples like India's village electrification illustrate rapid expansion potential too. However, progress has been slow, and challenges such as corruption, bureaucratic inefficiencies, and inadequate funding continue to impede efforts to expand electricity access nationwide.

Community Resilience and Adaptation

Despite these challenges, communities and businesses in Nigeria demonstrate resilience and adaptability in navigating the electricity crisis. Some businesses invest in alternative power sources such as generators, solar panels, or hybrid systems to mitigate the impact of power outages, while utilities weigh shifts signaled by EVs' impact on utilities for future planning. Community-led initiatives, including local cooperatives and microgrids, provide decentralized electricity solutions in underserved areas, promoting self-sufficiency and resilience.

Path Forward

Addressing Nigeria's electricity crisis requires a concerted effort from government, private sector stakeholders, and international partners, informed by UK grid transformation experience as well. Key priorities include increasing investment in power infrastructure, enhancing regulatory frameworks to attract private sector participation, and promoting renewable energy deployment. Improving energy efficiency, reducing transmission losses, and expanding electricity access to underserved communities are critical steps towards achieving sustainable development goals and improving quality of life for all Nigerians.

Conclusion

The electricity crisis in Nigeria poses significant challenges to businesses, public services, and socio-economic development. Addressing these challenges requires comprehensive strategies that prioritize infrastructure investment, regulatory reform, and community empowerment. By working together to expand electricity access and promote sustainable energy solutions, Nigeria can unlock its full economic potential, improve living standards, and create opportunities for prosperity and growth across the country.

 

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European gas prices fall to pre-Ukraine war level

European Gas Prices hit pre-invasion lows as LNG inflows, EU storage gains, and softer oil markets ease the energy crisis, while recession risks, windfall taxes, and ExxonMobil's challenge shape demand and policy.

 

Key Points

European gas prices reflect supply, LNG inflows, storage, and policy, shaping energy costs for households and industry.

✅ Month-ahead hit €76.78/MWh, rebounding to €85.50/MWh.

✅ EU storage 83.2% filled; autumn peak exceeded 95%.

✅ Demand tempered by recession risks; LNG inflows offset Russian cuts.

 

European gas prices have dipped to a level last seen before Russia launched its invasion of Ukraine in February, after warmer weather across the continent eased concerns over shortages and as coal demand dropped across Europe during winter.

The month-ahead European gas future contract dropped as low as €76.78 per megawatt hour on Wednesday, the lowest level in 10 months, amid EU talks on gas price cap strategies that could shape markets, before closing higher at €83.70, according to Refinitiv, a data company.

The invasion roiled global energy markets, serving as a wake-up call to ditch fossil fuels for policymakers, and forced European countries, including industrial powerhouse Germany, to look for alternative suppliers to those funding the Kremlin. Europe had continued to rely on Russian gas even after its 2014 annexation of Crimea and support for separatists in eastern Ukraine.

On Tuesday 83.2% of EU gas storage was filled, data from industry body Gas Infrastructure Europe showed. The EU in May set a target of filling 80% of its gas storage capacity by the start of November to prepare for winter, and weighed emergency electricity measures to curb prices as needed. It hit that target in August, and by mid-November it had peaked at more than 95%.

Gas prices bounced further off the 10-month low on Thursday to reach €85.50 per megawatt hour.

Europe has several months of domestic heating demand ahead, and some industry bosses believe energy shortages could also be a problem next winter, with a worst energy nightmare still possible if supplies tighten. However, traders have also had to weigh the effects of recessions expected in several big European economies, which could dent energy demand.

UK gas prices have also dropped back from their highs earlier this year, and forecasts suggest UK energy bills to drop in April. The day-ahead gas price closed at 155p per therm on Wednesday, compared with 200p/therm at the start of 2022, and more than 500p/therm in August.

Europe’s response to the prospect of gas shortages also included campaigns to reduce energy use – a strategy belatedly adopted by the UK – and windfall taxes on energy companies to help raise revenues for governments, many of which have started expensive subsidies to cushion the impact of high energy prices for households and consumers. Energy companies have enjoyed huge profits at the expense of businesses and households this year, as EU inflation accelerated, but costs remained much the same.

However, the US oil company ExxonMobil on Wednesday launched a legal challenge against EU plans for a windfall tax on oil companies, according to filings by its German and Dutch subsidiaries at the European general court in Luxembourg. ExxonMobil argued that the windfall tax would be “counter-productive” because it said it would result in lower investment in fossil fuel extraction, and that the EU did not have the legal jurisdiction to impose it.

ExxonMobil’s move has prompted anger among European politicians. A message posted on the Twitter account of Paolo Gentiloni, the EU’s commissioner for the economy, on Thursday stated: “Fairness and solidarity, even for corporate giants. #Exxon.”

Oil prices are significantly lower than they were before the start of Russia’s invasion, and only marginally above where they were at the start of 2022. Brent crude oil futures traded at $100 a barrel on 28 February, but were at $81.84 on Thursday.

Oil prices dropped by 1.7% on Thursday. Prices had risen from 12-month lows in early December as traders hoped for increased demand from China after it relaxed its coronavirus restrictions. However, Covid-19 infection numbers are thought to have surged in the country, prompting the US to require travellers from China to show a negative test for the disease and tempering expectations for a rapid increase in oil demand.

 

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Opinion: Now is the time for a western Canadian electricity grid

Western Canada Electric Grid could deliver interprovincial transmission, reliability, peak-load support, reserve sharing, and wind and solar integration, lowering costs versus new generation while respecting AESO markets and Crown utility structures.

 

Key Points

Interprovincial transmission to share reserves, boost reliability, integrate wind and solar, and cut peak capacity costs.

✅ Cuts reserve margins via diversity of peak loads

✅ Enables wind and solar balancing across provinces

✅ Saves ratepayers vs replacing retiring thermal plants

 

The 2017 Canadian Free Trade Agreement does not do much to encourage provinces to trade electric energy east and west. Would a western Canada electric grid help electricity consumers in the western provinces? Some Alberta officials feel that their electric utilities are investor owned and they perceive the Crown corporations of BC Hydro, SaskPower and Manitoba Hydro to be subsidized by their provincial governments, so an interprovincial electric energy trade would not be on a level playing field.

Because of the limited trade of electric energy between the western provinces, each utility maintains an excessive reserve of thermal and hydroelectric generation greater than their peak loads, to provide a reliable supply during peak load days as grids are increasingly exposed to harsh weather across Canada. This excess does not include variable wind and solar generation, which within a province can’t be guaranteed to be available when needed most.

This attitude must change. Transmission is cheaper than generation, and coordinated macrogrids can further improve reliability and cut costs. By constructing a substantial grid with low profile and aesthetically designed overhead transmission lines, the excess reserve of thermal and hydroelectric generation above the peak electric load can be reduced in each province over time. Detailed assessments will ensure each province retains its required reliability of electric supply.

As the provinces retire aging thermal and coal-fired generators, they only need to replace them to a much lower level, by just enough to meet their future electric loads and Canada's net-zero grid by 2050 goals. Some of the money not spent in replacing retired generation can be profitably invested in the transmission grid across the four western provinces.

But what about Alberta, which does not want to trade electric energy with the other western provinces? It can carry on as usual within the Alberta Electric System Operator’s (AESO) market and will save money by keeping the installed reserve of thermal and hydroelectric generation to a minimum. When Alberta experiences a peak electric load day and some generators are out of service due to unplanned maintenance, it can obtain the needed power from the interprovincial electric grid. None of the other three western provinces will peak at the same time, because of different weather and time zones, so they will have spare capacity to help Alberta over its peak. The peak load in a province only lasts for a few hours, so Alberta will get by with a little help from its friends if needed.

The grid will have no energy flowing on it for this purpose except to assist a province from time to time when it’s unable to meet its peak load. The grid may only carry load five per cent of the time in a year for this purpose. Under such circumstances, the empty grid can then be used for other profitable markets in electric energy. This includes more effective use of variable wind and solar energy, by enabling a province to better balance such intermittent power as well as allowing increased installation of it in every province. This is a challenge for AESO which the grid would substantially ease.

Natural Resources Canada promoted the “Regional Electricity Co-Operative and Strategic Infrastructure” initiative for completion this year and contracted through AESO, alongside an Atlantic grid study to explore regional improvements. This is a first step, but more is needed to achieve the full benefit of a western grid.

In 1970 a study was undertaken to electrically interconnect Britain with France, which was justified based on the ability to reduce reserve generation in both countries. Initially Britain rejected it, but France was partially supportive. In time, a substantial interconnection was built, and being a profitable venture, they are contemplating increasing the grid connections between them.

For the sake of the western consumers of electricity and to keep electricity rates from rising too quickly, as well as allowing productive expansion of wind and solar energy in places like British Columbia's clean energy shift efforts, an electric grid is essential across western Canada.

Dennis Woodford is president of Electranix Corporation in Winnipeg, which studies electric transmission problems, particularly involving renewable energy generators requiring firm connection to the grid.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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.”

 

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Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.