NIPSCO open to changing rate hike plan for farmers

By Associated Press


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Northern Indiana Public Service Co. is considering adjusting its proposed 15.6 percent electric rate increase to make it less costly for farmers who face possible price hikes many times that level.

A demand charge that NIPSCO has proposed to encourage customers to spread their energy use to offpeak hours would deliver price spikes to farmers and grain elevators because they use lots of power drying crops during harvest.

Darrell Fredrickson of Kentland said he was shocked when he saw NIPSCO's estimated he would pay 237 percent more to run his grain elevator if the rate hike goes through as proposed.

"In 2007, our power bill was $60,000. That same usage on their new rate would be $202,306," Fredrickson said. "This would have the potential to put us out of business. There's lots of years we don't make that money on everything. It would take away all our profits."

NIPSCO spokesman Nick Meyer said the utility designed the demand charges to encourage customers to use more energy during off-peak hours. He said farmers already do that because they use energy during when others don't.

"They raise a good point, and this group of customers is a group we're looking at. We're looking at that internally to get them onto a more appropriate rate," Meyer said.

Henry Coussens Jr. runs a family corn and soybean farm in Kentland. He said about 98 percent of the farm's electricity is used in September through December to dry corn. In 2007, the farm's electricity bill was $11,100. NIPSCO has projected their bill will go up 62 percent to $18,714.

"We were very shocked. Holy cow! This can't be happening," Coussens Jr. recalls thinking when he saw NIPSCO's projection. "We use the majority of our electricity in the fall. It's almost like a penalty associated with not having constant demand throughout the year."

Coussens said unlike other businesses, farmers can't pass on their costs by raising corn prices.

"Our prices are determined on the Board of Trade. I can't say I need two more cents a bushel demand for air conditioning is off... and the heating hasn't started," he said.

Rate cases can last 12 to 18 months. NIPSCO submitted its proposal to the Indiana Utility regulatory Commission in 2008, and it expects its new rates will go into effect late this year or early in 2010.

The Indiana Office of the Utility Consumer Counselor, which functions as the official state advocate for consumers, has until April 17 to review NIPSCO's request and take a position.

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Disrupting Electricity? This Startup Is Digitizing Our Very Analog Electrical System

Solid-State AC Switching reimagines electrification with silicon-based, firmware-driven controls, smart outlets, programmable circuit breakers, AC-DC conversion, and embedded sensors for IoT, energy monitoring, surge protection, and safer, globally compatible devices.

 

Key Points

Solid-state AC switching replaces mechanical switches with silicon chips for intelligent, programmable power control.

✅ Programmable breakers trip faster and add surge and GFCI protection

✅ Shrinks AC-DC conversion, boosting efficiency and device longevity

✅ Enables sensor-rich, IoT-ready outlets with energy monitoring

 

Electricity is a paradox. On the one hand, it powers our most modern clean cars and miracles of computing like your phone and laptop. On the other hand, it’s one of the least updated, despite efforts to build a smarter electricity infrastructure nationwide, and most ready-for-disruption parts of our homes, offices, and factories.

A startup in Silicon Valley plans to change all that, in California’s energy transition where reliability is top of mind, and has just signed deals with leading global electronics manufacturers to make it happen.

“The end point of the electrification infrastructure of every building out there right now is based on old technology,” Thar Casey, CEO of Amber Solutions, told me recently on the TechFirst podcast. “Basically some was invented ... last century and some came in a little bit later on in the fifties and sixties.”

Ultimately, it’s an almost 18th century part of modern homes.

Even smart homes, with add-ons like the Tesla Powerwall, still rely on legacy switching.

The fuses, breakers, light switches, and electrical outlets in your home are ancient technology that would easily understood by Thomas Edison, who was born in 1847. When you flip a switch and instantly flood your room with light, it feels like a modern right. But you are simply pushing a piece of plastic which physically moves one wire to touch another wire. That completes a circuit, electricity flows, and ... let there be light.

Casey wants to change all that. To transform our hard-wired electrical worlds and make them, in a sense, soft wired. And the addressable market is literally tens of billions of devices.

The core innovation is a transition to solid-state switches.

“Take your table, which is a solid piece of wood,” Casey says. “If you can mimic what an electromechanical switch does, opening and closing, inside that table without any actual moving parts, that means you are now solid state AC switching.”

And solid-state is exactly what Silicon Valley is all about.

“Solid state it means it can be silicon,” Casey says. “It can be a chip, it can be smaller, it can be intelligent, you can have firmware, you can add software ... now you have a mini computer.”

That’s a significant innovation with a huge number of implications. It means that the AC to DC converters attached to every appliance you plug into the wall — the big “bricks” that are part of your power cord, for instance — can now be a tiny fraction of the size. Appliance run on DC, direct current, and the electricity in your walls is AC, alternating current; similar principles underpin advanced smart inverters in solar systems, and it needs to be converted before it’s usable, and that chunk of hardware, with electrolytics, magnetics, transformers and more, can now be replaced, saving space in thermostats, CO2 sensors, coffee machines, hair dryers, smoke detectors ... any small electric device.

(Since those components generally fail before the device does, replacing them is a double win.)

Going solid state also means that you can have dynamic input range: 45 volts all the way up to 600 volts.

So you can standardize one component across many different electric devices, and it’ll work in the U.S., it’ll work in Europe, it’ll work in Japan, and it will work whether it’s getting 100 or 120 or 220 volts.

Building it small and building it solid state has other benefits as well, Casey says, including a much better circuit breaker for power spikes as the U.S. grid faces climate change impacts today.

“This circuit breaker is programmable, it has intelligence, it has WiFi, it has Bluetooth, it has energy monitoring metering, it has surge protection, it has GFCI, and here’s the best part: we trip 3000 times faster than a mechanical circuit breaker.”

What that means is much more ambient intelligence that can be applied all throughout your home. Rather than one CO2 sensor in one location, every power outlet is now a CO2 sensor that can feed virtual power plant programs, too. And a particulate matter sensor and temperature sensor and dampness sensor and ... you name it.

Amber’s next-generation system-on-chip complete replacement for smart outlets
Amber’s next-generation system-on-chip complete replacement for smart outlets JOHN KOETSIER
“We put as many as fifteen functions ... in one single gang box in a wall,” Casey told me.

Solid state is the gift that keeps giving, because now every outlet can be surge-protected. Every outlet can have GFCI — ground fault circuit interruption — not just the ones in your bathroom. And every outlet and light switch in your home can participate in the sensor network that powers your home security system. Oh, and, if you want, Alexa or Siri or the Google Assistant too. Plus energy-efficient dimmers for all lighting appliances that don’t buzz.

So when can you buy Amber switches and outlets?

In a sense, never.

Casey says Amber isn’t trying to be a consumer-facing company and won’t bring these innovations to market themselves. This July, Amber announced a letter of intent with a global manufacturer that includes revenue, plus MOUs with six other major electronics manufacturers. Letters of intent can be a dime a dozen, as can memoranda of understanding, but attaching revenue makes it more serious and significant.

The company has only raised $6.7 million, according to Craft, and has a number of competitors, such as Blixt, which has funding from the European Union, and Atom Power, which is already shipping technology. But since Amber is not trying to be a consumer product and take its innovations to market itself, it needs much less cash to build a brand and a market. You’ll be able to buy Amber’s technology at some point; just not under the Amber name.

“We have over 25 companies that we’re in discussions with,” Casey says. “We’re going to give them a complete solution and back them up and support them toward success. Their success will be our success at the end of the day.”

Ultimately, of course, cost will be a big part of the discussion.

There are literally tens of billions of switches and outlets on the planet, and modernizing all of them won’t happen overnight. And if it’s expensive, it won’t happen quickly either, even as California turns to grid-scale batteries to ease strain.

Casey is a big cagey with costs — there are still a lot of variables, after all. But it seems it won’t cost that much more than current technology.

“This can’t be $1.50 to manufacture, at least not right now, maybe down the road,” he told me. “We’re very competitive, we feel very good. We’re talking to these partners. They recognize that what we’re bringing, it’s a cost that is cost effective.”

 

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Renewables Surpass Coal in India's Energy Capacity Shift

India Renewable Energy Surge 2024 signals coal's decline as solar and wind capacity soar, aided by policy incentives, grid upgrades, energy storage, and falling costs, accelerating decarbonization and clean power growth.

 

Key Points

Q1 2024 saw renewables outpace coal in new capacity, led by cheaper solar, wind, policy support, and storage.

✅ 71.5% of new Q1 capacity came from renewables

✅ Solar and wind expand on falling costs and faster permitting

✅ Grid integration needs storage, skills, and just transition

 

In a landmark shift for the world's second-most populous nation, coal has finally been dethroned as the king of India's energy supply. The first quarter of 2024 saw a historic surge in renewable energy capacity, particularly on-grid solar development across states, pushing its share of power generation past 71.5%. This remarkable feat marks a turning point in India's journey towards a cleaner and more sustainable energy future.

For decades, coal has been the backbone of India's power sector, fueling rapid economic growth but also leading to concerning levels of air pollution. However, a confluence of factors has driven this dramatic shift, even as coal generation surges create short-term fluctuations in the mix. Firstly, the cost of solar and wind power has plummeted in recent years, making them increasingly competitive with coal. Secondly, the Indian government has set ambitious renewable energy targets, aiming for 50% of cumulative power generation capacity from non-fossil fuel sources by 2030. Thirdly, growing public awareness about the environmental impact of coal has spurred a demand for cleaner alternatives.

This surge in renewables is not just about replacing coal. The first quarter of 2024 witnessed a record-breaking addition of 13,669 megawatts (MW) of power generation capacity, with renewables accounting for a staggering 71.5% of that figure, aligning with 30% global renewable electricity milestones seen worldwide. This rapid expansion is driven by factors like falling equipment costs, streamlined permitting processes, and attractive government incentives. Solar and wind energy are leading the charge, and in other major markets renewables are projected to reach one-fourth of U.S. generation in the near term, with large-scale solar farms and wind turbine installations dotting the Indian landscape.

The transition away from coal presents both opportunities and challenges. On the positive side, cleaner air will lead to significant health benefits for millions of Indians. Additionally, India can establish itself as a global leader in the renewable energy sector, attracting investments and creating new jobs, echoing how China's solar PV expansion reshaped markets in the previous decade. However, challenges remain. Integrating such a large amount of variable renewable energy sources like solar and wind into the grid requires robust energy storage solutions. Furthermore, millions of jobs in the coal sector need to be transitioned to new opportunities in the green economy.

Despite these challenges, India's move towards renewables is a significant development with global implications, as U.S. renewable electricity surpassed coal in 2022, underscoring broader momentum. It demonstrates the growing viability of clean energy solutions and paves the way for other developing nations to follow suit. India's success story can inspire a global shift towards a more sustainable energy future, one powered by the sun, wind, and other renewable resources.

Looking ahead, continued government support, technological advancements, and innovative financing mechanisms will be crucial for sustaining India's renewable energy momentum. The future of India's energy sector is undoubtedly bright, fueled by the clean and abundant power of the sun and the wind, as wind and solar surpassed coal in the U.S. in recent comparisons. The world will be watching closely to see if India can successfully navigate this energy transition, setting an example for other nations struggling to balance development with environmental responsibility.

 

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Sask. sets new record for power demand

SaskPower Summer Power Demand Record hits 3,520 MW as heat waves drive electricity consumption; grid capacity, renewables expansion, and energy efficiency tips highlight efforts to curb greenhouse gas emissions while meeting Saskatchewan's growing load.

 

Key Points

The latest summer peak load in Saskatchewan: 3,520 MW, driven by heat, with plans to expand capacity and lower emissions.

✅ New peak surpasses last August by 50 MW to 3,520 MW.

✅ Capacity target: 7,000 MW by 2030 with more renewables.

✅ Tips: AC settings, close blinds, delay heat-producing chores.

 

As the mercury continues to climb in Saskatchewan, where Alberta's summer electricity record offers a regional comparison, SaskPower says the province has set a new summer power demand record.

The Crown says the new record is 3,520 megawatts. It’s an increase of 50 megawatts over the previous record, or enough electricity for 50,000 homes.

“We’ve seen both summer and winter records set every year for a good while now. And if last summer is any indication, we could very well see another record before temperatures cool off heading into the fall,” said SaskPower Vice President of Transmission and Industrial Services Kory Hayko in a written release. “It’s not impossible we’ll break this record again in the coming days. It’s SaskPower’s responsibility to ensure that Saskatchewan people and businesses have the power they need to thrive. That’s what drives our investment of $1 billion every year, as outlined in our annual report, to modernize and grow the province’s electrical system.”

The previous summer consumption record of 3,740 megawatts was set last August, and similar extremes in the Yukon electricity demand highlight broader demand pressures this year. The winter demand record remains higher at 3,792 megawatts, set on Dec. 29, 2017.

SaskPower says it plans to expand its generation capacity from 4,500 megawatts now to 7,000 megawatts in 2030, with a focus on decreasing greenhouse gas emissions and doubling renewable electricity by 2030 as part of its strategy.

To reduce power bills, the Crown suggests turning down or programming air conditioning when residents aren’t home, inspecting the air conditioner to make sure it is operating efficiently, keeping blinds closed to keep out direct sunlight, delaying chores that produce heat and making sure electronics are turned off when people leave the room.

The new record beats the previous summer peak of 3,470 MW, set last August after also being broken twice in July. The winter demand record is still higher at 3,792 MW, which was set on December 29, 2017. To meet growing power demand, and amid projections that Manitoba's electrical demand could double in the next 20 years, SaskPower is expanding its generation capacity from approximately 4,500 MW now to 7,000 MW by 2030 while also reducing greenhouse gas emissions by 40 per cent from 2005 levels. To accomplish this, we will be significantly increasing the amount of renewables on our system.

Cooling and heating represents approximately a quarter of residential power bills. To reduce consumption and power bills during heat waves, SaskPower’s customers can:

Turn down or program the air conditioning when no one is home (for every degree that air conditioning is lowered for an eight-hour period, customers can save up to two per cent on their power costs);

Consider having their air conditioning unit inspected to make sure it is operating efficiently;

Keep the heat out by closing blinds and drapes, especially those with direct sunlight;

Delay chores that produce heat and moisture, like dishwashing and laundering, until the cooler parts of the day or evening; and

As with any time of the year, make sure lights, televisions and other electronics are turned off when no one's in the room. For example, a modern gaming console can use as much power as a refrigerator.

 

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Does Providing Electricity To The Poor Reduce Poverty? Maybe Not

Rural Electrification Poverty Impact examines energy access, grid connections, and reliability, testing economic development claims via randomized trials; findings show minimal gains without appliances, reliable supply, and complementary services like education and job creation initiatives.

 

Key Points

Study of household grid connections showing modest poverty impact without reliable power and appliances.

✅ Randomized grid connections showed no short-term income gains.

✅ Low reliability and few appliances limited electricity use.

✅ Complementary investments in jobs, education, health may be needed.

 

The head of Swedfund, the development finance group, recently summarized a widely-held belief: “Access to reliable electricity drives development and is essential for job creation, women’s empowerment and combating poverty.” This view has been the driving force behind a number of efforts to provide electricity to the 1.1 billion people around the world living in energy poverty, such as India's village electrification initiatives in recent years.

But does electricity really help lift households out of poverty? My co-authors and I set out to answer this question. We designed an experiment in which we first identified a sample of “under grid” households in Western Kenya—structures that were located close to but not connected to a grid. These households were then randomly divided into treatment and control groups. In the treatment group, we worked closely with the rural electrification agency to connect the households to the grid for free or at various discounts. In the control group, we made no changes. After eighteen months, we surveyed people from both groups and collected data on an assortment of outcomes, including whether they were employed outside of subsistence agriculture (the most common type of work in the region) and how many assets they owned. We even gave children basic tests, as a frequent assertion is that electricity helps children perform better in school since they are able to study at night.

When we analyzed the data, we found no differences between the treatment and control groups. The rural electrification agency had spent more than $1,000 to connect each household. Yet eighteen months later, the households we connected seemed to be no better off. Even the children’s test scores were more or less the same. The results of our experiment were discouraging, and at odds with the popular view that supplying households with access to electricity will drive economic development. Lifting people out of poverty may require a more comprehensive approach to ensure that electricity is not only affordable (with some evidence that EV growth can benefit all customers in mature markets), but is also reliable, useable, and available to the whole community, paired with other important investments.

For instance, in many low-income countries, the grid has frequent blackouts and maintenance problems, making electricity unreliable, as seen in Nigeria's electricity crisis in recent years. Even if the grid were reliable, poor households may not be able to afford the appliances that would allow for more than just lighting and cell phone charging. In our data, households barely bought any appliances and they used just 3 kilowatt-hours per month. Compare that to the U.S. average of 900 kilowatt-hours per month, a figure that could rise as EV adoption increases electricity demand over time.

There are also other factors to consider. After all, correlation does not equal causation. There is no doubt that the 1.1 billion people without power are the world’s poorest citizens. But this is not the only challenge they face. The poor may also lack running water, basic sanitation, consistent food supplies, quality education, sufficient health care, political influence, and a host of other factors that may be harder to measure but are no less important to well-being. Prioritizing investments in some of these other factors may lead to higher immediate returns. Previous work by one of my co-authors, for example, shows substantial economic gains from government spending on treatment for intestinal worms in children.

It’s possible that our results don’t generalize. They certainly don’t apply to enhancing electricity services for non-residential customers, like factories, hospitals, and schools, and electric utilities adapting to new load patterns. Perhaps the households we studied in Western Kenya are particularly poor (although measures of well-being suggest they are comparable to rural households across Sub-Saharan Africa) or politically disenfranchised. Perhaps if we had waited longer, or if we had electrified an entire region, the household impacts we measured would have been much greater. But others who have studied this question have found similar results. One study, also conducted in Western Kenya, found that subsidizing solar lamps helped families save on kerosene, but did not lead children to study more. Another study found that installing solar-powered microgrids in Indian villages resulted in no socioeconomic benefits.

 

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Oil crash only a foretaste of what awaits energy industry

Oil and Gas Profitability Decline reflects shale-driven oversupply, OPEC-Russia dynamics, LNG exports, renewables growth, and weak demand, signaling compressed margins for producers, stressed petrodollar budgets, and shifting energy markets post-Covid.

 

Key Points

A sustained squeeze on hydrocarbon margins from agile shale supply, weaker OPEC leverage, and expanding renewables.

✅ Shale responsiveness caps prices and erodes industry rents

✅ OPEC-Russia cuts face limited impact versus US supply

✅ Renewables and EVs slow long-term oil and gas demand

 

The oil-price crash of March 2020 will probably not last long. As in 2014, when the oil price dropped below $50 from $110 in a few weeks, this one will trigger a temporary collapse of the US shale industry. Unless the coronavirus outbreak causes Armageddon, cheap oil will also support policymakers’ efforts to help the global economy.

But there will be at least one important and lasting difference this time round — and it has major market and geopolitical implications.

The oil price crash is a foretaste of where the whole energy sector was going anyway — and that is down.

It may not look that way at first. Saudi Arabia will soon realise, as it did in 2015, that its lethal decision to pump more oil is not only killing US shale but its public finances as well. Riyadh will soon knock on Moscow’s door again. Once American shale supplies collapse, Russia will resume co-operation with Saudi Arabia.

With the world economy recovering from the Covid-19 crisis by then, and with electricity demand during COVID-19 shifting, moderate supply cuts by both countries will accelerate oil market recovery. In time, US shale producers will return too.

Yet this inevitable bounceback should not distract from two fundamental factors that were already remaking oil and gas markets. First, the shale revolution has fundamentally eroded industry profitability. Second, the renewables’ revolution will continue to depress growth in demand.

The combined result has put the profitability of the entire global hydrocarbon industry under pressure. That means fewer petrodollars to support oil-producing countries’ national budgets, including Canada's oil sector exposures. It also means less profitable oil companies, which traditionally make up a large segment of stock markets, an important component of so many western pension funds.

Start with the first factor to see why this is so. Historically, the geological advantages that made oil from countries such as Saudi Arabia so cheap to produce were unique. Because oil and gas were produced at costs far below the market price, the excess profits, or “rent”, enjoyed by the industry were very large.

Furthermore, collusion among low-cost producers has been a winning strategy. The loss of market share through output cuts was more than compensated by immediately higher prices. It was the raison d’être of Opec.

The US shale revolution changed all this, exposing the limits of U.S. energy dominance narratives. A large oil-producing region emerged with a remarkable ability to respond quickly to price changes and shrink its costs over time. Cutting back cheap Opec oil now only increases US supplies, with little effect on world prices.

That is why Russia refused to cut production this month. Even if its cuts did boost world prices — doubtful given the coronavirus outbreak’s huge shock to demand — that would slow the shrinkage of US shale that Moscow wants.

Shale has affected the natural gas industry even more. Exports of US liquefied natural gas now put an effective ceiling on global prices, and debates over a clean electricity push have intensified when gas prices spike.

On top of all this, there is also the renewables’ revolution, though a green revolution has not been guaranteed in the near term. Around the world, wind and solar have become ever-cheaper options to generate electricity. Storage costs have also dropped and network management improved. Even in the US, renewables are displacing coal and gas. Electrification of vehicle fleets will damp demand further, as U.S. electricity, gas, and EVs face evolving pressures.

Eliminating fossil fuel consumption completely would require sustained and costly government intervention, and reliability challenges such as coal and nuclear disruptions add to the complexity. That is far from certain. Meanwhile, though, market forces are depressing the sector’s usual profitability.

The end of oil and gas is not immediately around the corner. Still, the end of hydrocarbons as a lucrative industry is a distinct possibility. We are seeing that in dramatic form in the current oil price crash. But this collapse is merely a message from the future.

 

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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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