James Arnett named Hydro One chair

Alberta Solar Power is accelerating as renewable energy investment, PPAs, and utility-scale projects expand the grid, with independent power producers and foreign capital outperforming AESO forecasts in oil-and-gas-rich markets across Alberta and Calgary.

Key Points

Alberta Solar Power is a fast-growing provincial market, driven by PPAs and private investment, outpacing AESO forecasts.

✅ Utility-scale projects and PPAs expand capacity beyond AESO outlooks

✅ Private and foreign capital drive independent power producers

✅ Costs near $70/MWh challenge >$100/MWh assumptions

Solar power is beating expectations in oil and gas rich Alberta, where the renewable energy source is poised to expand dramatically amid a renewable energy surge in the coming years as international power companies invest in the province.

Fresh capital is being deployed in the Alberta’s electricity generation sector for both renewable and natural gas-fired power projects after years of uncertainty caused by changes and reversals in the province’s power market, said Duane Reid-Carlson, president of power consulting firm EDC Associates, who advises renewable power developers on electric projects in the province.

“From the mix of projects that we see in the queue at the (Alberta Electric System Operator) and the projects that have been announced, Alberta, a powerhouse for both green energy and fossil fuels, has no shortage of thermal and renewable projects,” Reid-Carlson said, adding that he sees “a great mix” of independent power companies and foreign firms looking to build renewable projects in Alberta.

Alberta is a unique power market in Canada because its electricity supply is not dominated by a Crown corporation such as BC Hydro, Hydro One or Hydro Quebec. Instead, a mix of private-sector companies and a few municipally owned utilities generate electricity, transmit and distribute that power to households and industries under long-term contracts.

Last week, Perimeter Solar Inc., backed by Danish solar power investor Obton AS, announced Sept. 30 that it had struck a deal to sell renewable energy to Calgary-based pipeline giant TC Energy Corp. with 74.25 megawatts of electricity from a new 130-MW solar power project immediately south of Calgary. Neither company disclosed the costs of the transaction or the project.

“We are very pleased that of all the potential off-takers in the market for energy, we have signed with a company as reputable as TC Energy,” Obton CEO Anders Marcus said in a release announcing the deal, which it called “the largest negotiated energy supply agreement with a North American energy company.”

Perimeter expects to break ground on the project, which will more than double the amount of solar power being produced in the province, by the end of this year.

A report published Monday by the Energy Information Administration, a unit of the U.S. Department of Energy, estimated that renewable energy powered 3 per cent of Canada’s energy consumption in 2018.

Between the Claresholm project and other planned solar installations, utility companies are poised to install far more solar power than the province is currently planning for, even as Alberta faces challenges with solar expansion today.

University of Calgary adjunct professor Blake Shaffer said it was “ironic” that the Claresholm Solar project was announced the exact same day as the Alberta Electric System Operator released a forecast that under-projected the amount of solar in the province’s electric grid.

The power grid operator (AESO) released its forecast on Sept. 30, which predicted that solar power projects would provide just 1 per cent of Alberta’s electricity supply by 2030 at 231 megawatts.

Shaffer said the AESO, which manages and operates the province’s electricity grid, is assuming that on a levelized basis solar power will need a price over $100 per megawatt hour for new investment. However, he said, based on recent solar contracts for government infrastructure projects, the cost is closer to $70 MW/h.

Most forecasting organizations like the International Energy Agency have had to adjust their forecasts for solar power adoption higher in the past, as growth of the renewable energy source has outperformed expectations.

Calgary-based Greengate Power has also proposed a $500-million, 400-MW solar project near Vulcan, a town roughly one-hour by car southeast of Calgary.

“So now we’re getting close to 700 MW (of solar power),” Shaffer said, which is three times the AESO forecast.

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UK Nuclear Energy Ten Point Plan outlines support for large reactors, SMRs, and AMRs, funding Sizewell C, hydrogen production, and industrial heat to reach net zero, decarbonize transport and heating, and expand clean electricity capacity.

Key Points

A UK plan backing large, small, and advanced reactors to drive net zero via clean power, hydrogen, and industrial heat.

✅ Funds large plants (e.g., Sizewell C) under value-for-money models

✅ Invests in SMRs for factory-built, modular, lower-cost deployment

✅ Backs AMRs for high-temperature heat, hydrogen, and industry

The UK government has just announced its “Ten Point Plan for a Green Industrial Revolution”, in which it lays out a vision for the future of energy, transport and nature in the UK. As researchers into nuclear energy, my colleagues and I were pleased to see the plan is rather favourable to new nuclear power.

It follows the advice from the UK’s Nuclear Innovation and Research Advisory Board, pledging to pursue large power plants based on current technology, and following that up with financial support for two further waves of reactor technology (“small” and “advanced” modular reactors).

This support is an important part of the plan to reach net-zero emissions by 2050, as in the years to come nuclear power will be crucial to decarbonising not just the electricity supply but the whole of society.

This chart helps illustrate the extent of the challenge faced:

Electricity generation is only responsible for a small percentage of UK emissions. William Bodel. Data: UK Climate Change Committee

Efforts to reduce emissions have so far only partially decarbonised the electricity generation sector. Reaching net zero will require immense effort to also decarbonise heating, transport, as well as shipping and aviation. The plan proposes investment in hydrogen production and electric vehicles to address these three areas – which will require, as advocates of nuclear beyond electricity argue, a lot more energy generation.

Nuclear is well-placed to provide a proportion of this energy. Reaching net zero will be a huge challenge, and industry leaders warn it may be unachievable without nuclear energy. So here’s what the announcement means for the three “waves” of nuclear power.

Who will pay for it?
But first a word on financing. To understand the strategy, it is important to realise that the reason there has been so little new activity in the UK’s nuclear sector since the 1990s is due to difficulty in financing. Nuclear plants are cheap to fuel and operate and last for a long time. In theory, this offsets the enormous upfront capital cost, and results in competitively priced electricity overall.

But ever since the electricity sector was privatised, governments have been averse to spending public money on power plants. This, combined with resulting higher borrowing costs and cheaper alternatives (gas power), has meant that in practice nuclear has been sidelined for two decades. While climate change offers an opportunity for a revival, these financial concerns remain.

Large nuclear
Hinkley Point C is a large nuclear station currently under construction in Somerset, England. The project is well-advanced, with its first reactor installed and due to come online in the middle of this decade. While the plant will provide around 7% of current UK electricity demand, its agreed electricity price is relatively expensive.

Under construction: Hinkley Point C. Ben Birchall/PA

The government’s new plan states: “We are pursuing large-scale new nuclear projects, subject to value-for-money.” This is likely a reference to the proposed Sizewell C in Suffolk, on which a final decision is expected soon. Sizewell C would be a copy of the Hinkley plant – building follow-up identical reactors achieves capital cost reductions, and setbacks at Hinkley Point C have sharpened delivery focus as an alternative funding model will likely be implemented to reduce financing costs.

Other potential nuclear sites such as Wylfa and Moorside (shelved in 2018 and 2019 respectively for financial reasons) are also not mentioned, their futures presumably also covered by the “subject to value-for-money” clause.

Small nuclear
The next generation of nuclear technology, with various designs under development worldwide are smaller, cheaper, safer Small Modular Reactors (SMRs), such as the Rolls Royce “UK SMR”.

Reactors small enough to be manufactured in factories and delivered as modules can be assembled on site in much shorter times than larger designs, which in contrast are constructed mostly on site. In so doing, the capital costs per unit (and therefore borrowing costs) could be significantly lower than current new-builds.

The plan states “up to £215 million” will be made available for SMRs, Phase 2 of which will begin next year, with anticipated delivery of units around a decade from now.

Advanced nuclear
The third proposed wave of nuclear will be the Advanced Modular Reactors (AMRs). These are truly innovative technologies, with a wide range of benefits over present designs and, like the small reactors, they are modular to keep prices down.

Crucially, advanced reactors operate at much higher temperatures – some promise in excess of 750°C compared to around 300°C in current reactors. This is important as that heat can be used in industrial processes which require high temperatures, such as ceramics, which they currently get through electrical heating or by directly burning fossil fuels. If those ceramics factories could instead use heat from AMRs placed nearby, it would reduce CO₂ emissions from industry (see chart above).

High temperatures can also be used to generate hydrogen, which the government’s plan recognises has the potential to replace natural gas in heating and eventually also in pioneering zero-emission vehicles, ships and aircraft. Most hydrogen is produced from natural gas, with the downside of generating CO₂ in the process. A carbon-free alternative involves splitting water using electricity (electrolysis), though this is rather inefficient. More efficient methods which require high temperatures are yet to achieve commercialisation, however if realised, this would make high temperature nuclear particularly useful.

The government is committing “up to £170 million” for AMR research, and specifies a target for a demonstrator plant by the early 2030s. The most promising candidate is likely a High Temperature Gas-cooled Reactor which is possible, if ambitious, over this timescale. The Chinese currently lead the way with this technology, and their version of this reactor concept is expected soon.

In summary, the plan is welcome news for the nuclear sector, even as Europe loses nuclear capacity across the continent. While it lacks some specifics, these may be detailed in the government’s upcoming Energy White Paper. The advice to government has been acknowledged, and the sums of money mentioned throughout are significant enough to really get started on the necessary research and development.

Achieving net zero is a vast undertaking, and recognising that nuclear can make a substantial contribution if properly supported is an important step towards hitting that target.

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Northern Pass Hydropower Project Rehearing faces review by New Hampshire's Site Evaluation Committee as Eversource seeks approval for a 192-mile transmission line, citing energy cost relief, while Massachusetts eyes Central Maine Power as an alternative.

Key Points

A review of Eversource's halted NH transmission plan, weighing impacts, costs, and alternatives.

✅ SEC denied project, Eversource seeks rehearing

✅ 192-mile line to bring Canadian hydropower to NE

✅ Alternative bids include Central Maine Power corridor

Groups supporting and opposing the Northern Pass hydropower project in New Hampshire filed statements Friday in advance of a state committee’s meeting next week on whether it should rehear the project.

The Site Evaluation Committee rejected the transmission proposal last month over concerns about potential negative impacts. It is scheduled to deliberate Monday on Eversource’s request for a rehearing.

The $1.6 billion project would deliver hydropower from Canada, including Hydro-Quebec exports, to customers in southern New England through a 192-mile transmission line in New Hampshire.

If the Northern Pass project fails to ultimately win New Hampshire approval, the Massachusetts Department of Energy Resources has announced it will begin negotiating with a team led by Central Maine Power Co. for a $950 million project through a 145-mile Maine transmission line as an alternative.

Separately, construction later began on the disputed $1 billion electricity corridor despite ongoing legal and political challenges.

The Business and Industry Association voted last month to endorse the project after remaining neutral on it since it was first proposed in 2010. A letter sent to the committee Friday urges it to resume deliberations. The association said it is concerned about the severe impact the committee’s decision could have on New Hampshire’s economic future, even as Connecticut overhauls electricity market structure across New England.

“The BIA believes this decision was premature and puts New Hampshire’s economy at risk,” organization President Jim Roche wrote. “New Hampshire’s electrical energy prices are consistently 50-60 percent higher than the national average. This has forced employers to explore options outside New Hampshire and new England to obtain lower electricity prices. Businesses from outside New Hampshire and others now here are reversing plans to grow in New Hampshire due to the Site Evaluation Committee’s decision.”

The International Brotherhood of Electrical Workers and the Coos County Business and Employers Group also filed a statement in support of rehearing the project.

The Society to Protect New Hampshire Forests, which is opposed to the project, said Eversource’s request is premature because the committee hasn’t issued a final written decision yet. It also said Eversource hasn’t proven committee members “made an unlawful or unreasonable decision or mistakenly overlooked matters it should have considered.”

As part of its request for reconsideration, Eversource said it is offering up to $300 million in reductions to low-income and business customers in the state.

It also is offering to allocate $95 million from a previously announced $200 million community fund — $25 million to compensate for declining property values, $25 million for economic development and $25 million to promote tourism in affected areas. Another $20 million would fund energy efficiency programs.

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Coinmint Plattsburgh Dispute spotlights cryptocurrency mining, hydropower electricity rates, a $1M security deposit, Public Service Commission rulings, municipal utility policies, and seasonal migration to Massena data centers as Bitcoin price volatility pressures operations.

Key Points

Legal and energy-cost dispute over crypto mining, a $1,019,503 deposit, and operations in Plattsburgh and Massena.

✅ PSC allows higher rates and requires large security deposits.

✅ Winter electricity spikes drove a $1M deposit calculation.

✅ Coinmint shifted capacity to Massena data centers.

A few years ago, there was a lot of buzz about the North Country becoming the next Silicon Valley of cryptocurrency, even as Maine debated a 145-mile line that could reshape regional power flows. One of the companies to flock here was Coinmint. The cryptomining company set up shop in Plattsburgh in 2017 and declared its intentions to be a good citizen.

Today, Coinmint is fighting a legal battle to avoid paying the city’s electric utility more than $1 million owed for a security deposit. In addition to that dispute, a local property manager says the firm was evicted from one of its Plattsburgh locations.

Companies like Coinmint chose to come to the North Country because of the relatively low electricity prices here, thanks in large part to the hydropower dam on the St. Lawrence River in Massena, and regionally, projects such as the disputed electricity corridor have drawn attention to transmission costs and access. Coinmint operates its North Country Data Center facilities in Plattsburgh and Massena. In both locations, racks of computer servers perform complex calculations to generate cryptocurrency, such as bitcoin.

When cryptomining began to take off in Plattsburgh, the cost of one bitcoin was skyrocketing. That brought hype around the possibility of big business and job creation in the North Country. But cryptomininers like Coinmint were using massive amounts of energy in the winter of 2017-2018, and that season, electric bills of everyday Plattsburgh residents spiked.

Many cryptomining firms operate in a state of flux, beholden to the price of Bitcoin and other cryptocurrencies, even as the end to the 'war on coal' declaration did little to change utilities' choices. When the price of one bitcoin hit $20,000 in 2017, it fell by 30% just days later. That’s one reason why the price of electricity is so critical for companies like Coinmint to turn a profit. 

Plattsburgh puts the brakes on “cryptocurrency mining”
In early 2018, Plattsburgh passed a moratorium on cryptocurrency mining operations, after residents complained of higher-than-usual electric bills.

“Your electric bill’s $100, then it’s at $130. Why? It’s because these guys that are mining the bitcoins are riding into town, taking advantage of a situation,” said resident Andrew Golt during a 2018 public hearing.

Coinmint aimed to assuage the worries of residents and other businesses. “At the end of the day we want to be a good citizen in whatever communities we’re in,” Coinmint spokesman Kyle Carlton told NCPR at that 2018 meeting.

“We’re open to working with those communities to figure out whatever solutions are going to work.”

The ban was lifted in Feb. 2019. However, since it didn’t apply to companies that were already mining cryptocurrency in Plattsburgh, Coinmint has operated in the city all along.

Coinmint challenges attempt to protect ratepayers
New rules passed by the New York Public Service Commission in March 2018 allow municipal power authorities including Plattsburgh’s to charge big energy users such as Coinmint higher electricity rates, amid customer backlash in other utility deals. The new rules also require them to put down a security deposit to ensure their bills get paid.

But Coinmint disputes that deposit charge. The company has been embroiled in a legal fight for nearly a year against Plattsburgh Municipal Lighting Department (PMLD) in an attempt to avoid paying the electric utility’s security deposit bill of $1,019,503. That bill is based on an estimate of what would cover two months of electricity use if a company were to leave town without paying its electric bills.

Coinmint would not discuss the dispute on the record with NCPR. Legal documents show the firm argues the deposit charge is inflated, based on a flawed calculation resulting in a charge hundreds of thousands of dollars higher than what it should be.

“Essentially they’re arguing that they should only have to put up some average of their monthly bills without accounting for the fact that winter bills are significantly higher than the average,” said Ken Podolny, an attorney representing the Plattsburgh utility.

The company took legal action in February 2019 against PMLD in the hopes New York’s energy regulator, the Public Service Commission, would agree with Coinmint that the deposit charge was too high. An informal commission hearing officer disagreed, and ruled in October the charge was calculated correctly.

Coinmint appealed the ruling in November and a hearing on the appeal could come as soon as February.

Less than a week after Coinmint lost its initial challenge of the deposit charge, the company made a splashy announcement trumpeting its plans to “migrate its Plattsburgh, New York infrastructure to its Massena, New York location for the 2019-2020 winter season.”

The announcement made no mention of the appeal or the recent ruling against Coinmint. The company attributed its new plan to “exceptionally-high” electricity rates in Plattsburgh, as hydropower transmission projects elsewhere in New England faced their own controversies. 

"We recognize some in the Plattsburgh community have blamed our operation for pushing rates higher for everyone so, while we disagree with that assessment, we hope this seasonal migration will have a positive impact on rates for all our neighbors,” said Coinmint cofounder Prieur Leary in the press statement.

“In the event that doesn't happen, we trust the community will look for the real answers for these high costs." Prieur Leary has since been removed from the corporate team page on the company’s website.

The company still operates in Plattsburgh at one of its locations in the city. As for staff, while at least two Coinmint employees have moved from Plattsburgh to Massena, where the company operates a data center inside a former Alcoa aluminum plant, it is unclear how many people in total have made the move.

Coinmint left its second Plattsburgh location in 2019. The company would not discuss that move on the record, yet the circumstances of the departure are murky.

The local property manager of the industrial park site told NCPR, “I have no comment on our evicted tenant Coinmint.” The property owner, California’s Karex Property Management Services, also would not comment regarding the situation, noting that “all staff have been told to not discuss anything regarding our past tenant Coinmint.”

Today, Bitcoin and other cryptocurrencies are worth a fraction of what they were back in 2017 when Coinmint came to the North Country, and now, amid a debate over Bitcoin's electricity use shaping market sentiment, the future of the entire industry here remains uncertain.

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France Nuclear Power Strategy illustrates a low-carbon, reliable baseload complementing renewables in the energy transition, enhancing grid reliability, energy security, and emissions reduction, offering actionable lessons for Germany on infrastructure, policy, and public acceptance.

Key Points

France's nuclear strategy is a low-carbon baseload model supporting renewables, grid reliability, and energy security.

✅ Stable low-carbon baseload complements intermittent renewables

✅ Enhances grid reliability and national energy security

✅ Requires long-term investment, safety, and waste management

In recent months, France has showcased the critical role that nuclear power plants can play in an energy transition, offering valuable lessons for Germany and other countries grappling with their own energy challenges. As Europe continues to navigate its path towards a sustainable and reliable energy system, France's experience with nuclear energy underscores its potential benefits and the complexities involved, including outage risks in France that operators must manage effectively.

France, a long-time proponent of nuclear energy, generates about 70% of its electricity from nuclear power, making it one of the most nuclear-dependent countries in the world. This high reliance on nuclear energy has allowed France to maintain a stable and low-carbon electricity supply, which is increasingly significant as nations aim to reduce greenhouse gas emissions, even as Europe's nuclear capacity declines in several markets, and combat climate change.

Recent events in France have highlighted several key aspects of nuclear power's role in energy transition:

1. Reliability and Stability: During periods of high renewable energy generation or extreme weather events, nuclear power plants have proven to be a stable and reliable source of electricity. Unlike solar and wind power, which are intermittent and depend on weather conditions, nuclear plants provide a consistent and continuous supply of power. This stability is crucial for maintaining grid reliability and ensuring that energy demand is met even when renewable sources are not producing electricity.

2. Low Carbon Footprint: France’s commitment to nuclear energy has significantly contributed to its low carbon emissions. By relying heavily on nuclear power, France has managed to reduce its greenhouse gas emissions substantially compared to many other countries. This achievement is particularly relevant as Europe strives to meet ambitious climate targets, with debates over a nuclear option in Germany highlighting climate trade-offs, and reduce overall carbon footprints. The low emissions associated with nuclear power make it an important tool for achieving climate goals and transitioning away from fossil fuels.

3. Energy Security: Nuclear power has played a vital role in France's energy security. The country’s extensive network of nuclear power plants ensures a stable and secure supply of electricity, reducing its dependency on imported energy sources. This energy security is particularly important in the context of global energy market fluctuations and geopolitical uncertainties. France’s experience demonstrates how nuclear energy can contribute to a nation’s energy independence and resilience.

4. Economic Benefits: The nuclear industry in France also provides significant economic benefits. It supports thousands of jobs in construction, operation, and maintenance of power plants, as well as in the supply chain for nuclear fuel and waste management. Additionally, the stable and relatively low cost of nuclear-generated electricity can contribute to lower energy prices for consumers and businesses, enhancing economic stability.

Germany, in contrast, has been moving away from nuclear energy, particularly following the Fukushima disaster in 2011. The country has committed to phasing out its nuclear reactors by 2022 and focusing on expanding renewable energy sources such as wind and solar power. While Germany's renewable energy transition has made significant strides, it has also faced challenges related to grid stability, as Germany's energy balancing act illustrates for policymakers, energy storage, and maintaining reliable power supplies during periods of low renewable generation.

France’s experience with nuclear energy offers several lessons for Germany and other nations considering their own energy strategies:

• Balanced Energy Mix: A diverse energy mix that includes nuclear power alongside renewable sources can help ensure a stable and reliable electricity supply, as ongoing discussions about a nuclear resurgence in Germany emphasize for policymakers today. While renewable energy is essential for reducing carbon emissions, it can be intermittent and may require backup from other sources to maintain grid reliability. Nuclear power can complement renewable energy by providing a steady and consistent supply of electricity.

• Investment in Infrastructure: To maximize the benefits of nuclear energy, investment in infrastructure is crucial. This includes not only the construction and maintenance of power plants but also the development of waste management systems and safety protocols. France’s experience demonstrates the importance of long-term planning and investment to ensure the safe and effective use of nuclear technology.

• Public Perception and Policy: Public perception of nuclear energy can significantly impact its adoption and deployment, and ongoing Franco-German nuclear disputes show how politics shape outcomes across borders. Transparent communication, rigorous safety standards, and effective waste management are essential for addressing public concerns and building trust in nuclear technology. France’s successful use of nuclear power is partly due to its emphasis on safety and regulatory compliance.

In conclusion, France's experience with nuclear power provides valuable insights into the role that this technology can play in an energy transition. By offering a stable, low-carbon, and reliable source of electricity, nuclear power complements renewable energy sources and supports overall energy security. As Germany and other countries navigate their energy transitions, France's example underscores the importance of a balanced energy mix, robust infrastructure, and effective public engagement in harnessing the benefits of nuclear power while addressing associated challenges, with industry voices such as Eon boss on nuclear debate underscoring the sensitivity of cross-border critiques.

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Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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