Carbon capture and storage partnership to receive federal funding

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.
 

Related News

• Electricity Forum News

• Energy Policy News

Hydro One COVID-19 Rate Relief responds to time-of-use pricing, peak rates, and Ontario Energy Board rules as residents stay home, offering a Pandemic Relief Fund, flexible payments, and support for electricity bills amid off-peak adjustments.

Key Points

Hydro One's COVID-19 rate relief includes payment flexibility and hardship aid to ease time-of-use bill burdens.

✅ Advocates flexibility on time-of-use and peak rate impacts

✅ Pandemic Relief Fund offers aid and payment options

✅ OEB sets prices; utilities relay concerns and support

Hydro One says it is listening to requests by self-isolating residents for reduced kilowatt hour peak rates during the day when most people are home riding out the COVID-19 pandemic.

Peak rates of 20.8 cents per kw/h are twice as high from 7 a.m. to 7 p.m. – except weekends – than off-peak rates of 10.1 cents per kw/h and set by the Ontario Energy Board and not electricity providers such as Hydro One and Elexicon (formerly Veridian).

Frustrated electrical customers have signed their John Henry’s more than 50,000 times to a change.org petition demanding Hydro One temporarily slash rates for those already struggling with work closures and loss of income amid concerns about a potential recovery rate that could raise bills.

Alex Stewart, media relations spokesman for Hydro One, said the corporation is working toward a solution.

“While we are regulated to adhere to time-of-use pricing by the Ontario Energy Board, we’ve heard the concerns about time-of-use pricing and the idea of a fixed COVID-19 hydro rate as many of our customers will stay home to stop the spread of COVID-19,” Stewart told The Intelligencer.

“We continue to advocate for greater choice during this difficult time and are working with everyone in the electricity sector to ensure our customers are heard.”

Stewart said the electricity provider is reaching out to customers to help them during a difficult self-isolating and social distancing period in other ways to bring financial relief.

For example, new hardship measures are now in play by Hydro One to give customers some relief from ballooning electricity bills.

“This is a difficult time for everyone. Hydro One has launched a new Pandemic Relief Fund to support customers affected by the novel coronavirus COVID-19. As part of our commitment to customers, we will offer financial assistance, as well as increased payment flexibility, to customers experiencing hardship,” Stewart said.

“Hydro One is also extending its Winter Relief program to halt disconnections and reconnections to customers experiencing hardship during the coldest months of the year. This is about doing the right thing and offering flexibility to our customers so they have peace of mind and can concentrate on what matters most – keeping their loved ones safe.”

Stewart said customers having difficult times can visit the company’s website for more details at www.HydroOne.com/ReliefFund.

Elexicon Energy, meanwhile, said earlier the former Veridian company is passing along concerns to the OEB but otherwise can’t lower the rates unless directed to do so, as occurred when the province set off-peak pricing temporarily.

Chris Mace, Elexicon corporate communications spokesperson, said, “We don’t have the authority to do that.

“The Ontario Energy Board sets the energy prices. This is in the Ministry of Energy’s hands. We at Elexicon, along with other local distribution companies (LDC), have shared this feedback with the ministry and OEB to come up with some sort of solution or alternative. But this is out of our hands. We can’t shift anything.”

He suggested residents can shift the use of higher-drawing electrical appliances to early morning before 7 or in the evening after 7 p.m. when ultra-low overnight rates may apply.

Families may want to be “mindful whether it be cooking or laundry and so on and holding off on doing those until off-peak hours take effect. We are hearing customers and we have passed along those concerns to the ministry and the OEB.”

Hydro One power tips

Certain electrical uses in the home consumer more power than others, as reflected in Ontario’s electricity cost allocation approach:

62 per cent goes to space heating
19 per cent goes to water heaters
13 per cent goes to appliances
2 per cent goes to space cooling

Related News

• Electricity Forum News

• Utility Operations News

Alaska Coal-Fired CHP Plant opens near Usibelli mine, supplying electricity and district heat to UAF; remote location without gas pipelines, low wind and solar potential, and high heating demand shaped fuel choice.

Key Points

A 17 MW coal CHP at UAF producing power and campus heat, chosen for remoteness and lack of gas pipelines.

✅ 17 MW generator supplying electricity and district heat

✅ Near Usibelli mine; limited pipeline access shapes fuel

✅ Alternative options like LNG, wind, solar not cost-effective

One way to boost coal in the US: Find a spot near a mine with no access to oil or natural gas pipelines, where it’s not particularly windy and it’s dark much of the year.

That’s how the first coal-fired plant to open in the U.S. since 2015 bucked the trend in an industry that’s seen scores of facilities close in recent years. A 17-megawatt generator, built for $245 million, is set to open in April at the University of Alaska Fairbanks, just 100 miles from the state’s only coal mine.

“Geography really drove what options are available to us,” said Kari Burrell, the university’s vice chancellor for administrative services, in an interview. “We are not saying this is ideal by any means.”

The new plant is arriving as coal fuels about 25 percent of electrical generation in the U.S., down from 45 percent a decade earlier, even as some forecasts point to a near-term increase in coal-fired generation in 2021. A near-record 18 coal plants closed in 2018, and 14 more are expected to follow this year, according to BloombergNEF.

The biggest bright spot for U.S. coal miners recently has been exports to overseas power plants. At home, one of the few growth areas has been in pizza ovens.

There are a handful of other U.S. coal power projects that have been proposed, including plans to build an 850 megawatt facility in Georgia and an 895 megawatt plant in Kansas, even as a Minnesota utility reports declining coal returns across parts of its portfolio. But Ashley Burke, a spokeswoman for the National Mining Association, said she’s unaware of any U.S. plants actively under development besides the one in Alaska.

Future of power

“The future of power in the U.S. does not include coal,” Tessie Petion, an analyst for HSBC Holdings Plc, said in a research note, a view echoed by regions such as Alberta retiring coal power early in their transition.

Fairbanks sits on the banks of the Chena River, amid the vast subarctic forests in the heart of Alaska. The oil and gas fields of the state’s North slope are 500 miles north. The nearest major port is in Anchorage, 350 miles south.

The university’s new plant is a combined heat and power generator, which will create steam both to generate electricity and heat campus buildings. Before opting for coal, the school looked into using liquid natural gas, wind and solar, bio-mass and a host of other options, as new projects in Southeast Alaska seek lower electricity costs across the region. None of them penciled out, said Mike Ruckhaus, a senior project manager at the university.

The project, financed with university and state-municipal bonds, replaces a coal plant that went into service in 1964. University spokeswoman Marmian Grimes said it’s worth noting that the new plant will emit fewer emissions.

The coal will come from Usibelli Coal Mine Inc., a family-owned business that produces between 1.2 and 2 million tons per year from a mine along the Alaska railroad, according to the company’s website.

While any new plant is good news for coal miners, Clarksons Platou Securities Inc. analyst Jeremy Sussman said this one is "an isolated situation."

“We think the best producers can hope for domestically is a slow down in plant closures,” he said, even as jurisdictions like Alberta close their last coal plant entirely.

Related News

• Electricity Forum News

• Power Generation News

OPG Pickering Nuclear Refurbishment extends four CANDU reactors to bolster Ontario clean energy, grid reliability, and decarbonization goals, leveraging Darlington lessons, mature supply chains, and AtkinsRealis OEM expertise for cost effective life extension.

Key Points

Modernizing four Pickering CANDU units to extend life, add clean power, and enhance Ontario grid reliability.

✅ Extends four 515 MW CANDU reactors by 30 years

✅ Supports clean, reliable baseload and decarbonization

✅ Leverages Darlington playbook and AtkinsRealis OEM supply chain

In a pivotal shift last month, Ontario Power Generation (OPG) revised its strategy for the Pickering Nuclear Power Station, scrapping plans to decommission its six remaining reactors. Instead, OPG has opted to modernize four reactors (Pickering B Units 5-8) starting in 2027, while Units 1 and 4 are slated for closure by the end of the current year.

This revision ensures the continued operation of the four 515 MW Canada Deuterium Uranium (CANDU) reactors—originally constructed in the 1970s and 1980s—extending their service life by at least 30 more years amid an extension request deadline for Pickering.

Todd Smith, Ontario's Energy Minister, underscored the significance of nuclear power in maintaining Ontario's status as a region with one of the cleanest and most reliable electricity grids globally. He emphasized the integral role of nuclear facilities, particularly the Pickering station, in the provincial energy strategy during the announcement supporting continued operations, which was made in the presence of union workers at the plant.

The Pickering station has demonstrated remarkable efficiency and reliability, notably achieving its second-highest output in 2023 and setting a record in 2022 for continuous operation. Extending the lifespan of nuclear plants like Pickering is deemed the most cost-effective method for sustaining low-carbon electricity, according to research conducted by the International Energy Agency (IEA) and the OECD Nuclear Energy Agency (NEA) across 243 plants in 24 countries.

The refurbishment project is poised to significantly boost Ontario's economy, projected to add CAN$19.4 billion to the GDP over 11 years and generate approximately 11,000 jobs annually. The Independent Electricity System Operator (IESO) has indicated that to meet the province's future electrification and decarbonization goals, as it faces a growing electricity supply gap, Ontario will need to double its nuclear capacity by 2050, requiring an addition of 17.8 GW of nuclear power.

Subo Sinnathamby, OPG's Senior Vice President of Nuclear Refurbishment, emphasized the necessity of nuclear energy in reducing reliance on natural gas. Sinnathamby, who is leading the refurbishment efforts at OPG's Darlington nuclear power station, where SMR plans are also underway, highlighted the positive impact of the Darlington and Bruce Power projects on the nuclear power supply chain and workforce.

The procurement strategy employed for Darlington, which involved placing orders early to ensure readiness among suppliers, is set to be replicated for the Pickering refurbishment. This approach aims to facilitate a seamless transition of skilled workers and resources from Darlington to Pickering refurbishment, leveraging a matured supply chain and experienced vendors.

AtkinsRealis, the original equipment manufacturer (OEM) for CANDU reactors, has a track record of successfully refurbishing CANDU plants worldwide. The CANDU reactor design, known for its refurbishment capabilities, allows for individual replacement of pressure tubes and access to fuel channels without decommissioning the reactor. Gary Rose, Executive Vice-President of Nuclear at AtkinsRealis, highlighted the economic benefits and environmental benefits of refurbishing reactors, stating it as a viable and swift solution to maximize fossil-free energy.

Looking forward, AtkinsRealis is exploring the potential for multiple refurbishments of CANDU reactors, which could extend their operational life beyond 100 years, addressing local energy needs and economic factors in the decision-making process. This innovative approach underscores the role of nuclear refurbishment in meeting global energy demands sustainably and economically.

Related News

• Electricity Forum News

• Power Generation News

Freedom Cannabis solar array powers an Acheson cannabis facility with 4,574 rooftop panels, a 1,830-kilowatt system by Enmax, cutting greenhouse gas emissions, lowering energy costs, and advancing renewable energy, sustainability, and operational efficiency in Edmonton.

Key Points

A 1,830-kW rooftop solar system with 4,574 panels, cutting GHG emissions and energy costs at the Acheson facility.

✅ 1,830-kW array offsets 1,000+ tonnes GHG annually

✅ Supplies ~8% of annual power; saves $200k-$300k per year

✅ 4,574 rooftop panels installed by Enmax in Acheson

Electricity consumption is one of the biggest barriers to going green in the cannabis industry, where the energy demands of cannabis cultivation often complicate sustainability, but an Edmonton-area pot producer has come up with a sunny solution.

Freedom Cannabis unveiled the largest rooftop solar system used by a cannabis facility in Canada at its 126,000-square foot Acheson location, 20 kilometres west of Edmonton, as solar power in Alberta continues to surge, on Tuesday.

The "state-of-the-art" 1,830-kilowatt solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions each year, reflecting how new Alberta solar facilities are undercutting natural gas on price, the company said.

The state-of-the-art solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions at Freedom Cannabis every year. Nov. 12, 2019. (Freedom Cannabis)

That will supply roughly eight per cent of the building's annual power consumption and reduce costs by $200,000 to $300,000 annually.

"This strategy will supplement our operating costs for power by up to eight to 10 per cent, so it is something that in time will save us costs on power requirements," said Troy Dezwart, co-founder of Freedom Cannabis.

Dezwart said sustainability was an important issue to the company from its outset, aligning with an Alberta renewable energy surge that is expected to power thousands of jobs.

"We're fortunate enough to be able to have these types of options and pursue them," said Dezwart.

The entire system cost Freedom Cannabis $2.6 million to build, but nearly a million of that came from a provincial rebate program that has since been cancelled by the UCP government, even as a federal green electricity deal with an Edmonton company signals ongoing support.

The company cited a 2017 report that found cannabis growers in the U.S. used enough electricity to power 1.7-million homes, and said cannabis-related power consumption is expected to increase by 1,250 per cent in Ontario over the next five years, even though Canadian solar demand has been lagging overall.

“It’s more important than ever for businesses to manage their energy footprint, and solar is an important part of that solution,” Enmax director Jason Atkinson, said. “This solar installation will help reduce operating costs and offset a significant portion of GHG emissions for decades to come.”

Freedom says it has other initiatives underway to reduce its footprint, in a region planning the Edmonton airport solar farm among other projects, including water remediation and offering 100 per cent recyclable cannabis packaging tins.

The company's first crops are expected to go to market in December.

Related News

• Electricity Forum News

• Renewable Energy News

Manitoba NDP Energy Financing Strategy outlines public ownership of renewables, halts private wind farms, stabilizes hydroelectric rates, and addresses Manitoba Hydro deficits amid drought, export revenue declines, and rising demand for grid reliability.

Key Points

A plan to fund public renewables, pause private wind, and stabilize Manitoba Hydro rates, improving utility finances.

✅ Public ownership favored over private wind contracts

✅ Focus on rate freeze and Manitoba Hydro debt management

✅ Addresses drought impacts, export revenue declines, rising demand

Manitoba's NDP administration has declared its intention to formulate a strategy for financing new energy ventures, following a decision to halt the development of additional private-sector wind farms and to extend a pause on new cryptocurrency connections amid grid pressures. This plan will accompany efforts to stabilize hydroelectric rates and manage the financial obligations of the province's state-operated energy company.

Finance Minister Adrien Sala, overseeing Manitoba Hydro, shared these insights during a legislative committee meeting on Thursday, emphasizing the government's desire for future energy expansions to remain under public ownership, even as Ontario moves to reintroduce renewable energy projects after prior cancellations, and expressing trust in Manitoba Hydro's governance to realize these goals.

This announcement was concurrent with Manitoba Hydro unveiling increased financial losses in its latest quarterly report. The utility anticipates a $190-million deficit for the fiscal year ending in March, marking a $29 million increase from its previous forecast and a significant deviation from an initial $450 million profit expectation announced last spring. Contributing factors to this financial downturn include reduced hydroelectric power generation due to drought conditions, diminished export revenues, and a mild fall season impacting heating demand.

The recent financial update aligns with a period of significant changes at Manitoba Hydro, initiated by the NDP government's board overhaul following its victory over the former Progressive Conservative administration in the October 3 election, and comes as wind projects are scrapped in Alberta across the broader Canadian energy landscape.

Subsequently, the NDP-aligned board discharged CEO Jay Grewal, who had advocated for integrating wind energy from third-party sources, citing competitive wind power trends, to promptly address the province's escalating energy requirements. Grewal's approach, though not unprecedented, sought to offer a quicker, more cost-efficient alternative to constructing new Manitoba Hydro dams, highlighting an imminent energy production shortfall projected for as early as 2029.

The opposition Progressive Conservatives have criticized the NDP for dismissing the wind power initiative without presenting an alternate solution, warning about costly cancellation fees seen in Ontario when projects are halted, and emphasizing the urgency of addressing the predicted energy gap.

In response, Sala reassured that the government is in the early stages of policy formulation, reflecting broader electricity policy debates in Ontario about how to fix the power system, and criticized the previous administration for its inaction on enhancing generation capacity during its tenure.

Manitoba Hydro has named Hal Turner as the acting CEO while it searches for Grewal's successor, following controversies such as Solar Energy Program mismanagement raised by a private developer. Turner informed the committee that the utility is still deliberating on its approach to new energy production and is exploring ways to curb rising demand.

Expressing optimism about collaborating with the new board, Turner is confident in finding a viable strategy to fulfill Manitoba's energy needs in a safe and affordable manner.

Additionally, the NDP's campaign pledge to freeze consumer rates for a year remains a priority, with Sala committing to implement this freeze before the next provincial election slated for 2027.

Related News

• Electricity Forum News

• Power Generation News