U.S. power use tumbles with recession

By Reuters


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U.S. electricity demand will continue to shrink in 2009 as the economic meltdown hits industrial power consumption, but a rebound could come in 2010.

Bigger houses, a myriad of electric devices and an expanding economy have kept U.S. power use on a nearly uninterrupted climb for 25 years - until the recession put the brakes on industrial demand in 2008.

Electricity sales to industrial customers are expected to shrink 6.4 percent this year, leading to an expected 1.7 percent drop in overall power consumption in 2009, the U.S. Energy Information Administration said in its most recent outlook.

EIA, which provides data and analysis for the U.S. Department of Energy, said in another report industrial consumers bought 11.4 percent less power in January 2009 compared with the same time last year.

"Industrial demand will cycle deeper than residential (use) because industrial demand is even more sensitive to the business cycle," said Lawrence Makovich, vice president of the global power group at Cambridge Energy Research Associates.

EIA expects the downturn to reverse course in 2010, with 1.2 percent growth in electric output as the economy slowly returns to life.

PJM, the biggest power grid in North America, forecast a 1.4 percent drop in peak demand this summer compared with 2008, based on normal weather conditions.

Demand in the 13 mid-Atlantic and Midwest states that PJM serves should rebound in 2010 but not surpass levels seen in 2008 until 2011.

Weather is the dominant factor affecting power demand but has the biggest impact on residential and commercial use, sectors expected to remain relatively flat this year.

Examples of declining industrial demand, which makes up about a quarter of U.S. electric consumption, are easy to find.

Minnesota Power, a unit of Allete Inc of Duluth, Minnesota, expects power demand from taconite miners, its biggest customers, to fall by 40 percent this year.

Taconite miners use electricity to process iron-bearing rock into pellets used to make steel. The demand for steel has plunged in the current economy.

In the petrochemical-dominant Houston area, nonresidential power sales fell 5.5 percent in February, according to CenterPoint Energy Inc, a power delivery company.

February marked the third month that CenterPoint showed nonresidential sales lagging the year-earlier month.

To conserve cash, power companies have deferred spending by about 10 percent, or $7 billion to $8 billion, according to an informal survey by Edison Electric Institute (EEI), an association of shareholder-owned power companies.

American Electric Power Co Inc, with customers in 11 states, cut its 2009 capital budget by more than 20 percent or $750 million, the company said.

The financial crisis is delaying investment in energy infrastructure at the same time new environmental mandates are requiring substantial increases in generation and transmission needed to limit air emissions and boost renewable supplies.

CERA's Makovich expects utilities to pare overall capital spending by as much as 20 percent by the end of the year due to lower revenue and increased bad debt.

"When we get to 20 percent or more, I start to worry about the consequences," said Makovich. "That doesn't hurt you now but can down the road when projects were supposed to be done and demand rebounds."

PJM projected peak demand growth would return to a more normal 1.7 percent per year over the next decade.

"The economic downturn has delayed the need for new infrastructure, but has not eliminated it," PJM spokesman Ray Dotter said.

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What to know about the big climate change meeting in Katowice, Poland

COP24 Climate Talks in Poland gather nearly 200 nations to finalize the Paris Agreement rulebook, advance the Talanoa Dialogue, strengthen emissions reporting and transparency, and align finance, technology transfer, and IPCC science for urgent mitigation.

 

Key Points

UNFCCC summit in Katowice to finalize Paris rules, enhance transparency, and drive stronger emissions cuts.

✅ Paris rulebook on reporting, transparency, markets, and timelines

✅ Talanoa Dialogue to assess gaps and raise ambition by 2020

✅ Finance and tech transfer for developing countries under UNFCCC

 

Delegates from nearly 200 countries have assembled this month in Katowice, Poland — the heart of coal country — to try to move the ball forward on battling climate change.

It’s now the 24th annual meeting, or “COP” — conference of the parties — under the landmark U.N. Framework Convention on Climate Change, which the United States signed under then-President George H.W. Bush in 1992. More significantly, it’s the third such meeting since nations adopted the Paris climate agreement in 2015, widely seen at the time as a landmark moment in which, at last, developed and developing countries would share a path toward cutting greenhouse gas emissions, as Obama's clean energy push sought to lock in momentum.

But the surge of optimism that came with Paris has faded lately. The United States, the second largest greenhouse gas emitter, said it would withdraw from the agreement, though it has not formally done so yet. Many other countries are off target when it comes to meeting their initial round of Paris promises — promises that are widely acknowledged to be too weak to begin with. And emissions have begun to rise after a brief hiatus that had lent some hope of progress.

The latest science, meanwhile, is pointing toward increasingly dire outcomes. The amount of global warming that the world already has seen — 1 degree Celsius, 1.8 degrees Fahrenheit — has upended the Arctic, is killing coral reefs and may have begun to destabilize a massive part of Antarctica. A new report from the U.N.'s Intergovernmental Panel on Climate Change (IPCC), requested by the countries that assembled in Paris to be timed for this year’s meeting, finds a variety of increasingly severe effects as soon as a rise of 1.5 degrees Celsius arrives — an outcome that can’t be avoided without emissions cuts so steep that they would require societal transformations without any known historical parallel, the panel found.

It’s in this context that countries are meeting in Poland, with expectations and stakes high.

So what’s on the agenda in Poland?

The answer starts with the Paris agreement, which was negotiated three years ago, has been signed by 197 countries and is a mere 27 pages long. It covers a lot, laying out a huge new regime not only for the world as a whole to cut its greenhouse gas emissions, but for each individual country to regularly make new emissions-cutting pledges, strengthen them over time, report emissions to the rest of the world and much more. It also addresses financial obligations that developed countries have to developing countries, including how to achieve clean and universal electricity at scale, and how technologies will be transferred to help that.

But those 27 pages leave open to interpretation many fine points for how it will all work. So in Poland, countries are performing a detailed annotation of the Paris agreement, drafting a “rule book” that will span hundreds of pages.

That may sound bureaucratic, but it’s key to addressing many of the flash points. For instance, it will be hard for countries to trust that their fellow nations are cutting emissions without clear standards for reporting and vetting. Not everybody is ready to accept a process like the one followed in the United States, which not only publishes its emissions totals but also has an independent review of the findings.

“A number of the developing countries are resisting that kind of model for themselves. They see it as an intrusion on their sovereignty,” said Alden Meyer, director of strategy and policy at the Union of Concerned Scientists and one of the many participants in Poland this week. “That’s going to be a pretty tough issue at the end of the day.”

It’s hardly the only one. Also unclear is what countries will do after the time frames on their current emissions-cutting promises are up, which for many is 2025 or 2030. Will all countries then start reporting newer and more ambitious promises every five years? Every 10 years?

That really matters when five years of greenhouse gas emissions — currently about 40 billion tons of carbon dioxide annually — are capable of directly affecting the planet’s temperature.

What can we expect each day?

The conference is in its second week, when higher-level players — basically, the equivalent of cabinet-level leaders in the United States — are in Katowice to advance the negotiations.

As this happens, several big events are on the agenda. On Tuesday and Wednesday is the “Talanoa Dialogue,” which will bring together world leaders in a series of group meetings to discuss these key questions: “Where are we? Where do we want to go? How do we get there?”

Friday is the last day of the conference, but pros know these events tend to run long. On Friday — or after — we will be waiting for an overall statement or decision from the meeting which may signal how much has been achieved.

What is the “Talanoa Dialogue”?

“Talanoa” is a word used in Fiji and in many other Pacific islands to refer to “the sharing of ideas, skills and experience through storytelling.” This is the process that organizers settled on to fulfill a plan formed in Paris in 2015.

That year, along with signing the Paris agreement, nations released a decision that in 2018 there should be a “facilitative dialogue" among the countries “to take stock” of where their efforts stood to reduce greenhouse gas emissions. This was important because going into that Paris meeting, it was already clear that countries' promises were not strong enough to hold global warming below a rise of 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures.

This dialogue, in the Talanoa process, was meant to prompt reflection and maybe even soul searching about what more would have to be done. Throughout the year, “inputs” to the Talanoa dialogue — most prominently, the recent report by the United Nations' Intergovernmental Panel on Climate Change on the meaning and consequences of 1.5 degrees Celsius of warming —have been compiled and synthesized. Now, over two days in Poland, countries' ministers will assemble to share stories in small groups about what is working and what is not and to assess where the world as a whole is on achieving the required greenhouse gas emissions reductions.

What remains to be seen is whether this process will culminate in any kind of product or statement that calls clearly for immediate, strong ramping up of climate change promises across the world.

With the clock ticking, will countries do anything to increase their ambition at this meeting?

If negotiating the Paris rule book sounds disappointingly technical, well, you’re not the only one feeling that way. Pressure is mounting for countries to accomplish something more than that in Poland — to at minimum give a strong signal that they understand that the science is looking worse and worse, and the world’s progress on the global energy transition isn’t matching that outlook.

“The bigger issue is how we’re going to get to an outcome on greater ambition,” said Lou Leonard, senior vice president for climate and energy at the World Wildlife Fund, who is in Poland observing the talks. “And I think the first week was not kind on moving that part of the agenda forward.”

Most countries are not likely to make new emissions-cutting promises this week. But there are two ways that the meeting could give a strong statement that countries should — or will — come up with new promises at least by 2020. That’s when extremely dramatic emissions cuts would have to start, including progress toward net-zero electricity by mid-century, according to the recent report on 1.5 degrees Celsius of warming.

The first is the aforementioned “Talanoa dialogue” (see above). It’s possible that the outcome of the dialogue could be a statement acknowledging that the world isn’t nearly far enough along and calling for much stronger steps.

There will also be a decision text released for the meeting as a whole, which could potentially send a signal. Leonard said he hopes that would include details for the next steps that will put the world on a better course.

“We have to create milestones, and the politics around it that will pressure countries to do something that quite frankly they don’t want to do,” he said. “It’s not going to be easy. That’s why we need a process that will help make it happen. And make the most of the IPCC report that was designed to come out right now so it could do this for us. That’s why we have it, and it needs to serve that role.”

The United States says it will withdraw from the agreement, so what role is it playing in Poland?

Despite President Trump’s pledge to withdraw, the United States remains in the Paris agreement (for now) and has sent a delegation of 44 people to Poland, largely from the State Department but also from the Environmental Protection Agency, Energy Department and even the White House, while domestically a historic U.S. climate law has recently passed to accelerate clean energy. Many of these career government officials remain deeply engaged in hashing out details of the agreement.

Still, the country as a whole is being cast in an antagonistic role in the talks.

 

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Emissions rise 2% in Australia amid increased pollution from electricity and transport

Australia's greenhouse gas emissions rose in Q2 as electricity and transport pollution increased, despite renewable energy growth. Net zero targets, carbon dioxide equivalent metrics, and land use changes underscore mixed trends in decarbonisation.

 

Key Points

About 499-500 Mt CO2-e annually, with a 2% quarterly rise led by electricity and transport.

✅ Q2 emissions rose to 127 Mt from 124.4 Mt seasonally adjusted

✅ Electricity sector up to 41.6 Mt; transport added nearly 1 Mt

✅ Land use remains a net sink; renewables expanded capacity

 

Australia’s greenhouse gas emissions rose in the June quarter by about 2% as pollution from the electricity sector and transport increased.

Figures released on Tuesday by the Morrison government showed that on a year to year basis, emissions for the 12 months to last June totalled 498.9m tonnes of carbon dioxide equivalent. That tally was down 2.1%, or 10.8m tonnes compared with the same period a year earlier.

However, on a seasonally adjusted quarterly basis, emissions increased to 127m tonnes, or just over 2%, from the 124.4m tonnes reported in the March quarter. For the year to March, emissions totalled 494.2m tonnes, underscoring the pickup in pollution in the more recent quarter even as global coal power declines worldwide.

A stable pollution rate, if not a rising one, is also implied by the government’s release of preliminary figures for the September quarter. They point to 125m tonnes of emissions in trend terms for the July-September months, bringing the year to September total to about 500m tonnes, the latest report said.

The government has made much of Australia “meeting and beating” climate targets. However, the latest statistics show mostly emissions are not in decline despite its pledge ahead of the Glasgow climate summit that the country would hit net zero by 2050, and AEMO says supply can remain uninterrupted as coal phases out over the next three decades.

“Nothing’s happening except for the electricity sector,” said Hugh Saddler, an honorary associate professor at the Australian National University. Once Covid curbs on the economy eased, such as during the current quarter, emission sources such as from transport will show a rise, he predicted.

Falling costs for new wind and solar farms, with the IEA naming solar the cheapest in history worldwide, are pushing coal and gas out of electricity generation, as well as pushing down power prices. In seasonally adjusted terms, though, emissions for that sector rose from 39.7m tonnes the March quarter to 41.6m in the June one.

Most other sectors were steady, with pollution from transport adding almost 1m tonnes in the June quarter.

On an annual basis, a 500m tonnes tally is the lowest since records began in the 1990s, and IEA reported global emissions flatlined in 2019 for context. That lower trajectory, though, is lower due much to the land sector remaining a net sink even as some experts raise questions about the true trends when it comes to land clearing.

According to the government, this sector – known as land use, land-use change and forestry – amounted to a net reduction of emissions of 24.4m tonnes, or almost negative 5% of the national total, in the year to June.

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“The magnitude of this net sink has decreased by 0.6% (0.2 Mt CO2-e) on the previous 12 months due to an increase in emissions from agricultural soils, partially offset by a continuing decline in land clearing emissions,” the latest report said.

For its part, the government also touted the increase of renewable energy, as seen in Canada's electricity progress too, as central to driving emissions lower.

“Since 2017, Australia’s consumption of renewable energy has grown at a compound annual rate of 4.6%, with more than $40bn invested in Australia’s renewable energy sector,” Angus Taylor, the federal energy minister said, while UK net zero policy changes show a different approach. “Last year, Australia deployed new solar and wind at eight times the global per capita average.”

ANU’s Saddler said the main driver had been the 2020 Renewable Energy Target that the Coalition government had cut, and had anyway been implemented “a very considerable time ago”.

Tim Baxter, the Climate Council’s senior researcher, said “the time for leaning on the achievements of others is long since past”.

“We need a federal government willing to step up on emissions reductions and take charge with real policy, not wishlists,” he said, referring to the government’s net zero plan to rely on technologies to cut pollution in pursuit of a sustainable electric planet in practice, some of which don’t exist now.

 

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BC Hydro Expects To See Electricity Usage Rise This Holiday Season

BC Hydro Holiday Electricity Usage is set to rise as energy demand increases during peak 4-10 pm on Christmas and Boxing Day, driven by larger gatherings, more cooking, and eased COVID-19 restrictions province-wide.

 

Key Points

Expected rise in power demand on Christmas and Boxing Day evenings versus 2020, driven by larger gatherings and cooking.

✅ Peak hours 4-10 pm expected to rise in provincial load.

✅ 2020 saw 4% and 7% drops vs 2019 on Christmas and Boxing Day.

✅ Holiday lighting adds ~3% to use; switching to LED can save ~$40.

 

BC Hydro data showed residential electricity load in the Cariboo and throughout the province, even as drought affects generation dynamics heading into winter, dropped on Christmas Day and Boxing Day in 2020.

Northern Community Relations Manager, Bob Gammer, said the decrease was due in part to more people following the COVID-19 restrictions and not getting together for big meals, even though 2018 Earth Hour usage increased elsewhere illustrates how behavior can sometimes raise demand.

However, this year Gammer said between 4 and 10 pm on those two days, BC Hydro does expect to see a change in overall usage, aligning with all-time high demand trends reported recently in B.C.

“On Christmas Day and Boxing Day, we expect to see increases through those hours and a little bit more so between 4 and 10 pm we should see the amount of power being consumed across the province, as record-breaking 2021 demand indicated earlier, going up compared to what it was on those two days last year.”

In 2020 on Christmas Day evening hydro usage dropped by over 4 percent and Boxing Day evening decreased by 7 percent compared to 2019, whereas regions like Calgary's winter demand have seen spikes during extreme cold.

Gammer added after BC Hydro surveyed their customers and introduced a winter payment plan, they expect to see a lot more cooking happening on Christmas Day and Boxing Day this year as people are intending to have larger gatherings and visit friends.

We asked Gammer about hydro usage when it comes to homes decked out for the holidays, and how that compares to newer loads like crypto mining activity in B.C.

“The Christmas lighting displays people have, not just indoors but outdoors as well, what we’re seeing is about a 3 percent increase in electricity consumption overall through the Christmas season. If people switch, if you still have older lights that are incandescent, switch those over to LED, and through the season it could wind up saving you $40 in electricity just switching over about 8 strings of lights to LED.”

 

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Wartsila to Power USA’s First Battery-Electric High-Speed Ferries

San Francisco Battery-Electric Ferries will deliver zero-emission, high-speed passenger service powered by Wartsila electric propulsion, EPMS, IAS, batteries, and shore power, advancing maritime decarbonization under the REEF program and USCG Subchapter T standards.

 

Key Points

They are the first US zero-emission high-speed passenger ferries using integrated electric propulsion and shore power

✅ Dual 625 kW motors enable up to 24-knot service speeds

✅ EPMS, IAS, DC hub, and shore power streamline operations

✅ Built to USCG Subchapter T for safety and compliance

 

Wartsila, a global leader in sustainable marine technology, has been selected to supply the electric propulsion system for the United States' first fully battery-electric, zero-emission high-speed passenger ferries. This significant development marks a pivotal step in the decarbonization of maritime transport, aligning with California's ambitious environmental goals, including recent clean-transport investments across ports and corridors.

A Leap Toward Sustainable Maritime Transport

The project, commissioned by All American Marine (AAM) on behalf of San Francisco Bay Ferry, involves the construction of three 150-passenger ferries, reflecting broader U.S. advances like the Washington State Ferries hybrid upgrade now underway. These vessels will operate on new routes connecting the rapidly developing neighborhoods of Treasure Island and Mission Bay to downtown San Francisco. The ferries are part of the Rapid Electric Emission Free (REEF) Ferry Program, a comprehensive initiative by San Francisco Bay Ferry to transition its fleet to zero-emission propulsion technology. The first vessel is expected to join the fleet in early 2027.

Wärtsilä’s Role in the Project

Wärtsilä's involvement encompasses the supply of a comprehensive electric propulsion system, including the Energy and Power Management System (EPMS), integrated automation system (IAS), batteries, DC hub, transformers, electric motors, and shore power supply. This extensive scope underscores Wärtsilä’s expertise in providing integrated solutions for emission-free marine transportation. The company's extensive global experience in developing and supplying integrated systems and solutions for zero-emission high-speed vessels, as seen with electric ships on the B.C. coast operating today, was a key consideration in the selection process.

Technical Specifications of the Ferries

The ferries will be 100 feet (approximately 30 meters) in length, with a beam of 26 feet and a draft of 5.9 feet. Each vessel will be powered by dual 625-kilowatt electric motors, enabling them to achieve speeds of up to 24 knots. The vessels will be built to U.S. Coast Guard Subchapter T standards, ensuring compliance with stringent safety regulations.

Environmental and Operational Benefits

The transition to battery-electric propulsion offers numerous environmental and operational advantages. Electric ferries produce zero emissions during operation, as demonstrated by Berlin's electric ferry deployments, significantly reducing the carbon footprint of maritime transport. Additionally, electric propulsion systems are generally more efficient and require less maintenance compared to traditional diesel engines, leading to lower operational costs over the vessel's lifespan.

Broader Implications for Maritime Decarbonization

This project is part of a broader movement toward sustainable maritime transport in the United States. San Francisco Bay Ferry has also approved the purchase of two larger 400-passenger battery-electric ferries for transbay routes, further expanding its commitment to zero-emission operations. The agency has secured approximately $200 million in funding from local, state, and federal sources, echoing infrastructure bank support seen in B.C., to support these initiatives, including vessel construction and terminal electrification.

Wartsila’s involvement in this project highlights the company's leadership in the maritime industry's transition to sustainable energy solutions, including hybrid-electric pathways like BC Ferries' new hybrids now in service. With a proven track record in supplying integrated systems for zero-emission vessels, Wärtsilä is well-positioned to support the global shift toward decarbonized maritime transport.

As the first fully battery-electric high-speed passenger ferries in the United States, these vessels represent a significant milestone in the journey toward sustainable and environmentally responsible maritime transportation, paralleling regional advances such as the Kootenay Lake electric-ready ferry entering service. The collaboration between Wärtsilä, All American Marine, and San Francisco Bay Ferry exemplifies the collective effort required to realize a zero-emission future for the maritime industry.

The deployment of these battery-electric ferries in San Francisco Bay not only advances the city's environmental objectives but also sets a precedent for other regions to follow. With continued innovation and collaboration, the maritime industry can look forward to a future where sustainable practices are the standard, not the exception.

 

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Opinion: Germany's drive for renewable energy is a cautionary tale

Germany Energiewende Lessons highlight climate policy tradeoffs, as renewables, wind and solar face grid constraints, coal phase-out delays, rising electricity prices, and public opposition, informing Canada on diversification, hydro, oil and gas, and balanced transition.

 

Key Points

Insights from Germany's renewable shift on costs, grid limits, and emissions to guide Canada's balanced energy policy.

✅ Evidence: high power prices, delayed coal exit, limited grid buildout

✅ Land, materials, and wildlife impacts challenge wind and solar scale-up

✅ Diversification: hydro, nuclear, gas, and storage balance reliability

 

News that Greta Thunberg is visiting Alberta should be welcomed by all Canadians.

The teenaged Swedish environmentalist has focused global attention on the climate change debate like never before. So as she tours our province, where selling renewable energy could be Alberta's next big thing, what better time for a reality check than to look at a country that is furthest ahead in already adapting steps that Greta is advocating.

That country is Germany. And it’s not a pretty sight.

Germany embraced the shift toward renewable energy before anyone else, and did so with gusto. The result?

Germany’s largest newsmagazine Der Spiegel published an article on May 3 of this year entitled “A Botched Job in Germany.” The cover showed broken wind turbines and half-finished transition towers against a dark silhouette of Berlin.

Germany’s renewable energy transition, Energiewende, is a bust. After spending and committing a total of US$580 billion to it from 2000 to 2025.

Why is that? Because it’s been a nightmare of foolish dreams based on hope rather than fact, resulting in stalled projects and dreadfully poor returns.

Last year Germany admitted it had to delay its phase-out of coal and would not meet its 2020 greenhouse gas emissions reduction commitment. Only eight per cent of the transmission lines needed to support this new approach to powering Germany have been built.

Opposition to renewables is growing due to electricity prices rising to the point they are now among the highest in the world. Wind energy projects in Germany are now facing the same opposition that pipelines are here in Canada. 

Opposition to renewables in Germany, reports Forbes, is coming from people who live in rural or suburban areas, in opposition to the “urbane, cosmopolitan elites who fetishize their solar roofs and Teslas as a sign of virtue.” Sound familiar?

So, if renewables cannot successfully power Germany, one of the richest and most technologically advanced countries in the world, who can do it better?

The biggest problem with using wind and solar power on a large scale is that the physics just don’t work. They need too much land and equipment to produce sufficient amounts of electricity.

Solar farms take 450 times more land than nuclear power plants to produce the same amount of electricity. Wind farms take 700 times more land than natural gas wells.

The amount of metal required to build these sites is enormous, requiring new mines. Wind farms are killing hundreds of endangered birds.

No amount of marketing or spin can change the poor physics of resource-intensive and land-intensive renewables.

But, wait. Isn’t Norway, Greta’s neighbour, dumping its energy investments and moving into alternative energy like wind farms in a big way?

No, not really. Fact is only 0.8 per cent of Norway’s power comes from wind turbines. The country is blessed with a lot of hydroelectric power, but that’s a historical strength owing to the country’s geography, nothing new.

And yet we’re being told the US$1-trillion Oslo-based Government Pension Fund Global is moving out of the energy sector to instead invest in wind, solar and other alternative energy technologies. According to 350.org activist Nicolo Wojewoda this is “yet another nail in the coffin of the coal, oil, and gas industry.”

Well, no.

Norway’s pension fund is indeed investing in new energy forms, but not while pulling out of traditional investments in oil and gas. Rather, as any prudent fund manager will, they are diversifying by making modest investments in emerging industries such as Alberta's renewable energy surge that will likely pay off down the road while maintaining existing investments, spreading their investments around to reduce risk. Unfortunately for climate alarmists, the reality is far more nuanced and not nearly as explosive as they’d like us to think.

Yet, that’s enough for them to spin this tale to argue Canada should exit oil and gas investment and put all of our money into wind and solar, even as Canada remains a solar power laggard according to experts.

That is not to say renewable energy projects like wind and solar don’t have a place. They do, and we must continue to innovate and research lower-polluting ways to power our societies on the path to zero-emissions electricity by 2035 in Canada.

But like it actually is in Norway, investment in renewables should supplement — not replace — fossil fuel energy systems if we aim for zero-emission electricity in Canada by 2035 without undermining reliability. We need both.

And that’s the message that Greta should hear when she arrives in Canada.

Rick Peterson is the Edmonton-based founder and Beth Bailey is a Calgary-based supporter of Suits and Boots, a national not-for-profit group of investment industry professionals that supports resource sector workers and their families.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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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