U.S. still committed to nuclear power

By Reuters


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The nuclear power industry took a beating as governments addressed its safety and investors bailed out of stocks because of the crisis enveloping a Japanese nuclear power plant. But the United States government offered some support.

Germany has suspended an agreement to extend the life of its nuclear power stations, Switzerland put on hold some approvals for nuclear power plants, and Taiwan's state-run Taipower said it was studying plans to cut nuclear power output.

While in the United States, the White House said that President Barack Obama was still committed to keeping nuclear as part of the U.S. energy mix, analysts predicted that a $10 billion nuclear plant expansion by NRG Energy Inc in South Texas may now fail to get government loan support.

There was also a push from Germany to join France in leading a debate about nuclear safety within the G20 industrialized and emerging countries, and Chancellor Angela Merkel said she wanted to harmonize nuclear safety standards across Europe.

Beneficiaries of the erosion of confidence in nuclear power included renewable energy companies such as those in the wind power and solar industries, whose stocks gained. Producers of greener fuels such as natural gas also got a boost.

Japanese engineers raced to prevent a meltdown at the stricken Fukushima nuclear power complex north of Tokyo that was hit badly by the devastating earthquake and tsunami.

Explosions have rocked three reactors over the past few days and fuel rods were dangerously exposed in at least one of them, though the United Nations' nuclear watchdog said the crisis was unlikely to be as bad as the Chernobyl explosion in Ukraine in 1986, which spewed radiation over a large area of Europe.

Even if the crisis doesn't turn into a nuclear disaster it is likely to increase opposition to major nuclear expansion in Europe and could easily hurt a renaissance for the sector in the United States, which already has more than 100 reactors.

Shares of conglomerate General Electric, which makes nuclear plant equipment, fell 2.2 percent, while Canada's Cameco, the global No. 2 uranium producer, lost 13 percent, and Uranium One, fell nearly 28 percent.

Engineering and construction company Shaw Group, part of a consortium that plans to build several plants around the world and at least two reactors in the United States, including the one in South Texas, also got hit — its shares tumbled 9 percent.

U.S. nuclear power plant operators also suffered, particularly Entergy Corp, which could face new hurdles in extending the life of its Indian Point nuclear plant in New York state. Its shares fell 4.9 percent.

In Europe, the picture was similar, the European utilities sector, including heavyweights E.ON and RWE, was down 2 percent, and shares in France's Areva, the world's largest nuclear plant builder, dived 10 percent.

The risks associated with nuclear energy could further push new-build programs onto the backburner in Britain and the United States, global political risk analysts the Eurasia Group said.

"Political discussions are likely to focus on a rethinking of the use of nuclear power, which may involve discussions regarding a more central role of solar," said Michael Tappeiner, an analyst at UniCredit.

Still, some analysts and investors said the gloom was overdone.

"Meltdown is a very big word in people's minds, so I think that the public sentiment is probably going to swing against nuclear power," said BMO Capital Markets analyst Edward Sterck. "But I don't think this is the end of the nuclear industry."

Nuclear is an integral part of the Clean Energy Standard that Obama has been pushing to win support for reducing dependence on oil and coal in the U.S. The plan requires power companies to produce 80 percent of their electricity from clean sources including natural gas, "clean coal," renewables like solar and wind power, and nuclear by 2035.

"We view nuclear energy as a very important component to the overall portfolio we're trying to build for a clean-energy future," U.S. Deputy Energy Secretary Daniel Poneman told reporters at the White House.

Poneman said the administration believed U.S. nuclear plants are safe, though it remains to be seen whether U.S. public opinion swings against nuclear energy and there are some concerns that government financing may be more restrictive.

"For NRG Energy we think the potential added pressure could be the end of its nuclear loan guarantee award from the Department of Energy," Barclays wrote in a note to clients.

Earlier this month, the company's plan to build and operate two new nuclear reactors at the plant 90 miles southwest of Houston, Texas, cleared a U.S. government environmental hurdle as the company and its partner Toshiba Corp kept working to obtain the federal loan support.

Tokyo Electric Power Co, the owner of the stricken plant in Japan, has also agreed to invest $125 million in the project, but that investment is contingent on the loan support.

Asia's insatiable appetite for electricity is unlikely to derail nuclear programs but there might be a reassessment of design and safety and more diversification of energy sources.

KGI Asia analyst Jennifer Liang said the nuclear incident had strengthened the case for safer sources of renewable energy but she also pointed to the current limitations.

"The solar or wind industry is still young and is unlikely to replace nuclear use in the near or medium term," she said from Taipei. "How do you replace the base load power from nuclear?"

Nuclear accounts for 30 percent of Japan's electricity.

"While Japan may stick to nuclear, it nuclear program will likely suffer delays and there will be more cost overruns," said Thiemo Lang, a Zurich-based senior portfolio manager with Sustainable Asset Management.

"Going forward, the scenario would be that Japan will reassess its nuclear program and will tap natural gas to assure energy supply and increase renewables," Lang added.

China, which has 13 reactors in operation and dozens under construction or planned, said its plants are safe but that the government would learn lessons from the Japanese crisis.

The Nuclear Power Corporation of India Ltd. NPCIL, the country's monopoly nuclear power producer and operator of 20 reactors, said the events in Japan had prompted a safety review.

Among the shares in renewable energy companies to rise were First Solar, up 5.13 percent and Trina Solar, which jumped 7.3 percent.

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Restrict price charged for gas and electricity - British MPs

UK Energy Price Cap aims to protect consumers on gas and electricity bills, tackling Big Six overcharging on default and standard variable tariffs, with Ofgem and MPs pushing urgent reforms to the broken market.

 

Key Points

A temporary absolute limit on default energy tariffs to shield consumers from overcharging on gas and electricity bills.

✅ Caps standard variable and default tariffs to protect loyalty.

✅ Targets Big Six pricing; oversight by Ofgem and BEIS MPs.

✅ Aims for winter protection while maintaining competition.

 

MPs are calling for a cap on the price of gas and electricity, with questions over the expected cost of a UK price cap amid fears consumers are being ripped off.

The Business, Energy and Industrial Strategy (BEIS) Select Committee says the Big Six energy companies have been overcharging for years.

MPs on the committee backed plans for a temporary absolute cap, noting debates over EU gas price cap strategies to fix what they called a "broken" energy market.

Labour's Rachel Reeves, who chairs the committee, said: "The energy market is broken. Energy is an essential good and yet millions of customers are ripped off for staying loyal to their energy provider.

"An energy price cap is now necessary and the Government must act urgently to ensure it is in place to protect customers next winter.

"The Big Six energy companies might whine and wail about the introduction of a price cap but they've been overcharging their customers on default and SVTs (standard variable tariffs) for years and their recent feeble efforts to move consumers off these tariffs has only served to highlight the need for this intervention."

The Committee also criticised Ofgem for failing to protect customers, especially the most vulnerable.

Draft legislation for an absolute cap on energy tariffs was published by the Government last year, and later developments like the Energy Security Bill have kept reform on the agenda.

But Business Secretary Greg Clark refused to guarantee that the flagship plans would be in place by next winter, despite warnings about high winter energy costs for households.

Committee members said there was a "clear lack of will" on the part of the Big Six to do what was necessary, including exploring decoupling gas and electricity prices, to deal with pricing problems.

A report from the committee found that customers are paying £1.4bn a year more than they should be under the current system.

Around 12 million households are stuck on poor-value tariffs, according to the report.

National assistance charity Citizens Advice said "loyal and vulnerable" customers had been "ripped off" for too long.

Chief executive Gillian Guy said: "An absolute cap, as recommended by the committee, is crucial to securing protection for the largest number of customers while continuing to provide competition in the market. This should apply to all default tariffs."

 

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As Maine debates 145-mile electric line, energy giant with billions at stake is absent

Hydro-Quebec NECEC Transmission Line faces Maine PUC scrutiny over clean energy claims, greenhouse gas emissions, spillage capacity, resource shuffling, and Massachusetts contracts, amid opposition from natural gas generators and environmental groups debating public need.

 

Key Points

A $1B Maine corridor for Quebec hydropower to Massachusetts, debated over emissions, spillage, and public need.

✅ Maine PUC weighing public need and ratepayer benefits

✅ Emissions impact disputed: resource shuffling vs new supply

✅ Hydro-Quebec spillage claims questioned without data

 

As Maine regulators are deciding whether to approve construction of a $1 billion electricity corridor across much of western Maine, the Canadian hydroelectric utility poised to make billions of dollars from the project has been absent from the process.

This has left both opponents and supporters of the line arguing about how much available energy the utility has to send through a completed line, and whether that energy will help fulfill the mission of the project: fighting climate change.

And while the utility has avoided making its case before regulators, which requires submitting to cross-examination and discovery, it has engaged in a public relations campaign to try and win support from the region's newspapers.

Government-owned Hydro-Quebec controls dams and reservoirs generating hydroelectricity throughout its namesake province. It recently signed agreements to sell electricity across the proposed line, named the New England Clean Energy Connect, to Massachusetts as part of the state's effort to reduce its dependence on fossil fuels, including natural gas.

At the Maine Public Utilities Commission, attorneys for Central Maine Power Co., which would build and maintain the line, have been sparring with the opposition over the line's potential impact on Maine and its electricity consumers. Leading the opposition is a coalition of natural gas electricity generators that stand to lose business should the line be built, as well as the Natural Resources Council of Maine, an environmental group.

That unusual alliance of environmental and business groups wants Hydro-Quebec to answer questions about its hydroelectric system, which they argue can't deliver the amount of electricity promised to Massachusetts without diverting energy from other regions.

In that scenario, critics say the line would not produce the reduction in greenhouse gas emissions that CMP and Hydro-Quebec have made a central part of their pitch for the project. Instead, other markets currently buying energy from Hydro-Quebec, such as New York, Ontario and New Brunswick, would see hydroelectricity imports decrease and have to rely on other sources of energy, including coal or oil, to make up the difference. If that happened, the total amount of clean energy in the world would remain the same.

Opponents call this possibility "greenwashing." Massachusetts regulators have described these circumstances as "resource shuffling."

But CMP spokesperson John Carroll said that if hydropower was diverted from nearby markets to power Massachusetts, those markets would not turn to fossil fuels. Rather they would seek to develop other forms of renewable energy "leading to further reductions in greenhouse gas emissions in the region."

Hydro-Quebec said it has plenty of capacity to increase its electricity exports to Massachusetts without diverting energy from other places.

However, Hydro-Quebec is not required to participate -- and has not voluntarily participated -- in regulatory hearings where it would be subject to cross examinations and have to testify under oath. Some participants wish it would.

At a January hearing at the Maine Public Utilities Commission, hearing examiner Mitchell Tannenbaum had to warn experts giving testimony to "refrain from commentary regarding whether Hydro-Quebec is here or not" after they complained about its absence when trying to predict potential ramifications of the line.

"I would have hoped they would have been visible and available to answer legitimate questions in all of these states through which their power is going to be flowing," said Dot Kelly, a member of the executive committee at the Maine Chapter of the Sierra Club who has participated in the line's regulatory proceedings as an individual. "If you're going to have a full and fair process, they have to be there."

[What you need to know about the CMP transmission line proposed for Maine]

While Hydro-Quebec has not presented data on its system directly to Maine regulators, it has brought its case to the press. Central to that case is the fact that it's "spilling" water from its reservoirs because it is limited by how much electricity it can export. It said that it could send more water through its turbines and lower reservoir levels, eliminating spillage and creating more energy, if only it had a way to get that energy to market. Hydro-Quebec said the line would make that possible, and, in doing so, help lower emissions and fight climate change.

"We have that excess potential that we need to use. Essentially, it's a good problem to have so long as you can find an export market," Hydro-Quebec spokesperson Serge Abergel told the Bangor Daily News.

Hydro-Quebec made its "spillage" case to the editorial boards of The Boston Globe, The Portland Press Herald and the BDN, winning qualified endorsements from the Globe and Press Herald. (The BDN editorial board has not weighed in on the project).

Opponents have questioned why Hydro-Quebec is willing to present their case to the press but not regulators.

"We need a better answer than 'just trust us,'" Natural Resources Council of Maine attorney Sue Ely said. "What's clear is that CMP and HQ are engaging in a full-court publicity tour peddling false transparency in an attempt to sell their claims of greenhouse gas benefits."

Energy generators aren't typically parties to public utility commission proceedings involving the building of transmission lines, but Maine regulators don't typically evaluate projects that will help customers in another state buy energy generated in a foreign country.

"It's a unique case," said Maine Public Advocate and former Democratic Senate Minority Leader Barry Hobbins, who has neither endorsed nor opposed the project. Hobbins noted the project was not proposed to improve reliability for Maine electricity customers, which is typically the point of new transmission line proposals evaluated by the commission. Instead, the project "is a straight shot to Massachusetts," Hobbins said.

Maine Public Utilities Commission spokesperson Harry Lanphear agreed. "The Commission has never considered this type of project before," he said in an email.

In order to proceed with the project, CMP must convince the Maine Public Utilities Commission that the proposed line would fill a "public need" and benefit Mainers. Among other benefits, CMP said it will help lower electricity costs and create jobs in Maine. A decision is expected in the spring.

Given the uniqueness of the case, even the commission seems unsure about how to apply the vague "public need" standard. On Jan. 14, commission staff asked case participants to weigh in on how it should apply Maine law when evaluating the project, including whether the hydroelectricity that would travel over the line should be considered "renewable" and whether Maine's own carbon reduction goals are relevant to the case.

James Speyer, an energy consultant whose firm was hired by natural gas company and project opponent Calpine to analyze the market impacts of the line, said he has testified before roughly 20 state public utility commissions and has never seen a proceeding like this one.

"I've never been in a case where one of the major beneficiaries of the PUC decision is not in the case, never has filed a report, has never had to provide any data to support its assertions, and never has been subject to cross examination," Speyer said. "Hydro-Quebec is like a black box."

Hydro-Quebec would gladly appear before the Maine Public Utilities Commission, but it has not been invited, said spokesperson Abergel.

"The PUC is doing its own process," Abergel said. "If the PUC were to invite us, we'd gladly intervene. We're very willing to collaborate in that sense."

But that's not how the commission process works. Individuals and organizations can intervene in cases, but the commission does not invite them to the proceedings, commission spokesperson Lanphear said.

CMP spokesperson Carroll dismissed concerns over emissions, noting that Hydro-Quebec is near the end of completing a more than 15-year effort to develop its clean energy resources. "They will have capacity to satisfy the contract with Massachusetts in their reservoirs," Carroll said.

While Maine regulators are evaluating the transmission line, Massachusetts' Department of Public Utilities is deciding whether to approve 20-year contracts between Hydro-Quebec and that state's electric utilities. Those contracts, which Hydro-Quebec has estimated could be worth close to $8 billion, govern how the utility sells electricity over the line.

Dean Murphy, a consultant hired by the Massachusetts Attorney General's office to review the contracts, testified before Massachusetts regulators that the agreements do not require a reduction in global greenhouse gas emissions. Murphy also warned the contracts don't actually require Hydro-Quebec to increase the total amount of energy it sends to New England, as energy could be shuffled from established lines to the proposed CMP line to satisfy the contracts.

Parties in the Massachusetts proceeding are also trying to get more information from Hydro-Quebec. Energy giant NextEra is currently trying to convince Massachusetts regulators to issue a subpoena to force Hydro-Quebec to answer questions about how its exports might change with the construction of the transmission line. Hydro-Quebec and CMP have opposed the motion.

Hydro-Quebec has a reputation for guarding its privacy, according to Hobbins.

"It would have been easier to not have to play Sherlock Holmes and try to guess or try to calculate without having a direct 'yes' or 'no' response from the entity itself," Hobbins said.

Ultimately, the burden of proving that Maine needs the line falls on CMP, which is also responsible for making sure regulators have all the information they need to make a decision on the project, said former Maine Public Utilities Commission Chairman Kurt Adams.

"Central Maine Power should provide the PUC with all the info that it needs," Adams said. "If CMP can't, then one might argue that they haven't met their burden."

'They treat HQ with nothing but distrust'

If completed, the line would bring 9.45 terawatt hours of electricity from Quebec to Massachusetts annually, or about a sixth of the total amount of electricity Massachusetts currently uses every year (and roughly 80 percent of Maine's annual load). CMP's parent company Avangrid would make an estimated $60 million a year from the line, according to financial analysts.

As part of its legally mandated efforts to reduce carbon emissions and fight climate change, Massachusetts would pay the $950 million cost of constructing the line. The state currently relies on natural gas, a fossil fuel, for nearly 70 percent of its electricity, a figure that helps explain natural gas companies' opposition to the project.

A panel of experts recently warned that humanity has 12 years to keep global temperatures from rising above 1.5 degrees Celsius and prevent the worst effects of climate change, which include floods, droughts and extreme heat.

The line could lower New England's annual carbon emissions by as much as 3 million metric tons, an amount roughly equal to Washington D.C.'s annual emissions. Opponents worry that reduction could be mostly offset by increases in other markets.

But while both sides have claimed they are fighting for the environment, much of the debate features giant corporations with headquarters outside of New England fighting over the future of the region's electricity market, echoing customer backlash seen in other utility takeovers.

Hydro-Quebec is owned by the people of Quebec, and CMP is owned by Avangrid, which is in turn owned by Spanish energy giant Iberdrola. Leading the charge against the line are several energy companies in the Fortune 500, including Houston-based Calpine and Florida-based NextEra Energy.

However, only one side of the debate counts environmental groups as part of its coalition, and, curiously enough, that's the side with fossil fuel companies.

Some environmental groups, including the Natural Resources Council of Maine and Environment Maine, have come out against the line, while others, including the Acadia Center and the Conservation Law Foundation, are still deciding whether to support or oppose the project. So far, none have endorsed the line.

"It is discouraging that some of the environmental groups are so opposed, but it seems the best is the enemy of the good," said CMP's Carroll in an email. "They seem to have no sense of urgency; and they treat HQ with nothing but distrust."

Much of the environmentally minded opposition to the project focuses on the impact the line would have on local wildlife and tourism.

Sandi Howard administers the Say NO To NECEC Facebook page and lives in Caratunk, one of the communities along the proposed path of the line. She said opposition to the line might change if it was proven to reduce emissions.

"If it were going to truly reduce global CO2 emissions, I think it would be be a different conversation," Howard said.

 

Not the first choice

Before Maine, New Hampshire had its own debate over whether it should serve as a conduit between Quebec and Massachusetts. The proposed Northern Pass transmission line would have run the length of the state. It was Massachusetts' first choice to bring Quebec hydropower to its residents.

But New Hampshire's Site Evaluation Committee unanimously voted to reject the Northern Pass project in February 2018 on the grounds that the project's sponsor, Eversource, had failed to prove the project would not interfere with local business and tourism. Though it was the source of the electricity that would have traveled over the line, Hydro-Quebec was not a party to the proceedings.

In its decision, the committee noted the project would not reduce emissions if it was not coupled with a "new source of hydropower" and the power delivered across the line was "diverted from Ontario and New York." The committee added that it was unclear if the power would be new or diverted.

The next month, Massachusetts replaced Northern Pass by selecting CMP's proposed line. As the project came before Maine regulators, questions about Hydro-Quebec and emissions persisted. Two different analyses of CMP's proposed line, including one by the Maine Public Utility Commission's independent consultant, found the line would greatly reduce New England's emissions.

But neither of those studies took into account the line's impact on emissions outside of New England. A study by Calpine's consultant, Energyzt, found New England's emissions reduction could be mostly offset by increased emissions in other areas, including New Brunswick and New York, that would see hydroelectricity imports shrink as energy was redirected to fulfill the contract with Massachusetts.

'They failed in any way to back up those spillage claims'

Hydro-Quebec seemed content to let CMP fight for the project alone before regulators for much of 2018. But at the end of the year, the utility took a more proactive approach, meeting with editorial boards and providing a two-page letter detailing its "spillage" issues to CMP, which entered it into the record at the Maine Public Utilities Commission.

The letter provided figures on the amount of water the utility spilled that could have been converted into sellable energy, if only Hydro-Quebec had a way to get it to market. Instead, by "spilling" the water, the company essentially wasted it.

Instead of sending water through turbines or storing it in reservoirs, hydroelectric operators sometimes discharge water held behind dams down spillways. This can be done for environmental reasons. Other times it is done because the operator has so much water it cannot convert it into electricity or store it, which is usually a seasonal issue: Reservoirs often contain the most water in the spring as temperatures warm and ice melts.

Hydro-Quebec said that, in 2017, it spilled water that could have produced 4.5 terawatt hours of electricity, or slightly more than half the energy needed to fulfill the Massachusetts contracts. In 2018, the letter continued, Hydro-Quebec spilled water that could have been converted into 10.4 terawatts worth of energy. The company said it didn't spill at all due to transmission constraints prior to 2017.

 

The contracts Hydro-Quebec signed with the Massachusetts utilities are for 9.45 terawatt hours annually for 20 years. In its letter, the utility essentially showed it had only one year of data to show it could cover the terms of the contract with "spilled" energy.

"Reservoir levels have been increasing in the last 15 years. Having reached their maximum levels, spillage maneuvers became necessary in 2017 and 2018," said Hydro-Quebec spokesperson Lynn St. Laurent.

By providing the letter through CMP, Hydro-Quebec did not have to subject its spillage figures to cross examination.

Dr. Shaleen Jain, a civil and environmental engineering professor at the University of Maine, said that, while spilled water could be converted into power generation in some circumstances, spills happen for many different reasons. Knowing whether spillage can be translated into energy requires a great deal of analysis.

"Not all of it can be repurposed or used for hydropower," Jain said.

In December, one of the Maine Public Utility Commission's independent consultants, Gabrielle Roumy, told the commission that there's "no way" to "predict how much water would be spilled each and every year." Roumy, who previously worked for Hydro-Quebec, added that even after seeing the utility's spillage figures, he believed it would need to divert energy from other markets to fulfill its commitment to Massachusetts.

"I think at this point we're still comfortable with our assumptions that, you know, energy would generally be redirected from other markets to NECEC if it were built," Roumy said.

In January, Tanya Bodell, the founder and executive director of consultant Energyzt, testified before the commission on behalf of Calpine that it was impossible to know why Hydro-Quebec was spilling without more data.

"There's a lot of details you'd have to look at in order to properly assess what the reason for the spillage is," Bodell said. "And you have to go into an hourly level because the flows vary across the year, within the month, the week, the days. ...And, frankly, it would have been nice if Hydro-Quebec was here and brought their model and allowed us to see how this could help them to sell more."

Even though CMP and Hydro-Quebec's path to securing approval of the project does not go through the Legislature, and despite a Maine court ruling that energized Hydro-Quebec's export bid, lawmakers have taken notice of Hydro-Quebec's absence. Rep. Seth Berry, D-Bowdoinham, the House chairman of the Joint Committee On Energy Utilities and Technology and a frequent critic of CMP, said he would like to see Hydro-Quebec "show up and subject their proposal to examination and full analysis and public examination by the regulators and the people of Maine."

"They're trying to sell an incredibly lucrative proposal, and they failed in any way to back up those spillage claims with defensible numbers and defensible analysis," Berry said.

Berry was part of a bipartisan group of Maine lawmakers that wrote a letter to Massachusetts regulators last year expressing concerns about the project, which included doubts about whether the line would actually reduce global gas emissions. On Monday, he announced legislation that would direct the state to create an independent entity to buy out CMP from its foreign investors.

 

'No benefit to remaining quiet'

Hydro-Quebec would like to provide answers, but "there is always a commercially sensitive information concern when we do these things," said spokesperson Abergel.

"There might be stuff we can do, having an independent study that looks at all of this. I'm not worried about the conclusion," Abergel said. "I'm worried about how long it takes."

Instead of asking Hydro-Quebec questions directly, participants in both Maine and Massachusetts regulatory proceedings have had to direct questions for Hydro-Quebec to CMP. That arrangement may be part of Hydro-Quebec's strategy to control its information, said former Maine Public Utilities Commissioner David Littell.

"From a tactical point of view, it may be more beneficial for the evidence to be put through Avangrid and CMP, which actually doesn't have that back-up info, so can't provide it," Littell said.

Getting information about the line from CMP, and its parent company Avangrid, has at times been difficult, opponents say.

In August 2018, the commission's staff warned CMP in a legal filing that it was concerned "about what appears to be a lack of completeness and timeliness by CMP/Avangrid in responding to data requests in this proceeding."

The trouble in getting information from Hydro-Quebec and CMP only creates more questions for Hydro-Quebec, said Jeremy Payne, executive director of the Maine Renewable Energy Association, which opposes the line in favor of Maine-based renewables.

"There's a few questions that should have relatively simple answers. But not answering a couple of those questions creates more questions," Payne said. "Why didn't you intervene in the docket? Why are you not a party to the case? Why won't you respond to these concerns? Why wouldn't you open yourself up to discovery?"

"I don't understand why they won't put it to bed," Payne said. "If you've got the proof to back it up, then there's no benefit to remaining quiet."

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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Britain's National Grid Drops China-Based Supplier Over Cybersecurity Fears

National Grid Cybersecurity Component Removal signals NCSC and GCHQ oversight of critical infrastructure, replacing NR Electric and Nari Technology grid control systems to mitigate supply chain risk, cyber threats, and blackout risk.

 

Key Points

A UK move to remove China-linked grid components after NCSC/GCHQ advice, reducing cyber and blackout risks.

✅ NCSC advice to remove NR Electric components

✅ GCHQ-linked review flags critical infrastructure risks

✅ Aims to cut blackout risk and supply chain exposure

 

Britain's National Grid has started removing components supplied by a unit of China-backed Nari Technology's from the electricity transmission network over cybersecurity fears, reflecting a wider push on protecting the power grid across critical sectors.

The decision came in April after the utility sought advice from the National Cyber Security Center (NCSC), a branch of the nation's signals intelligence agency, Government Communications Headquarters (GCHQ), amid campaigns like the Dragonfly campaign documented by Symantec, the newspaper quoted a Whitehall official as saying.

National Grid declined to comment citing "confidential contractual matters." "We take the security of our infrastructure very seriously and have effective controls in place to protect our employees and critical assets, while preparing for an independent operator transition in Great Britain, to ensure we can continue to reliably, safely and securely transmit electricity," it said in a statement.

The report said an employee at the Nari subsidiary, NR Electric Company-U.K., had said the company no longer had access to sites where the components were installed, at a time when utilities worldwide have faced control-room intrusions by state-linked hackers, and that National Grid did not disclose a reason for terminating the contracts.

It quoted another person it did not name as saying the decision was based on NR Electric Company-U.K.'s components that help control and balance the grid, respond to work-from-home demand shifts, and minimize the risk of blackouts.

It was unclear whether the components remained in the electricity transmission network, the report said, amid reports of U.S. power plant breaches that have heightened vigilance.

NR Electric Company-U.K., GCHQ and the Chinese Embassy in London did not immediately respond to requests for comment outside of business hours.

Britain's Department for Energy Security and Net Zero said that it did not comment on the individual business decisions taken by private organizations. "As a government department we work closely with the private sector to safeguard our national security, and to support efforts to fast-track grid connections across the network," it said in a statement.
 

 

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Maritime Link almost a reality, as first power cable reaches Nova Scotia

Maritime Link Subsea Cable enables HVDC grid interconnection across the Cabot Strait, linking Nova Scotia with Newfoundland and Labrador to import Muskrat Falls hydroelectric power and expand renewable energy integration and reliability.

 

Key Points

A 170-km HVDC subsea link connecting Nova Scotia and Newfoundland and Labrador for Muskrat Falls power and renewables

✅ 170-km HVDC subsea route across Cabot Strait

✅ Connects Nova Scotia and Newfoundland and Labrador grids

✅ Enables Muskrat Falls hydro and renewable energy trade

 

The longest sub-sea electricity cable in North America now connects Nova Scotia and Newfoundland and Labrador, according to the company behind the $1.7-billion Maritime Link project.  

The first of the project's two high-voltage power transmission cables was anchored at Point Aconi, N.S., on Sunday. 

The 170-kilometre long cable across the Cabot Strait will connect the power grids in the two provinces. The link will allow power to flow between the two provinces, as demonstrated by its first electricity transfer milestone, and bring to Nova Scotia electricity generated by the massive Muskrat Falls hydroelectric project in Labrador. 

Ultimately, the Maritime Link will help Nova Scotia reach the renewable energy goals set out by the federal government, said Rick Janega, the president and CEO of Emera Newfoundland and Labrador, whose subsidiary owns the Maritime Link.

"If not for the Maritime Link then really the province would not have the ability to meet those requirements because we're pretty much tapped out of all the hydro in province and all the wind generation without creating new interconnections like the Maritime Link," said Janega. 

Not everyone wanted the link 

Fishermen in Cape Breton had objected to the Maritime Link. They were concerned about how the undersea cable might affect fish in the area. 

The laying of the cable and other construction closed a three-kilometre long and 600-metre wide swath of ocean bottom to fishermen for the entire 2017 lobster season.  

But the company came to an agreement to compensate a group of 60 Cape Breton lobster and crab fishermen affected by the project this season. The terms of the compensation deal were not released. 

 

Long cable, big job

The transmission cable runs northwest of the Marine Atlantic ferry route between North Sydney, N.S., and Port aux Basques, N.L. 

Installation of the second cable is set to begin in June, a major step comparable to BC Hydro's Site C transmission milestone achieved recently. The entire link should be completed by late 2017 and should go into full service by January 2018.

"We're quite confident as soon as the Maritime Link is in service there will be energy transactions between Nova Scotia Power and Newfoundland Hydro. Both utilities have already identified opportunities to save money and exchange energy between the two provinces," said Janega.

That's two years before power is expected to flow from the Muskrat Falls hydro project. The Labrador-based power generating facility has been hampered by delays.

Those kinds of transmission project delays are expected for such a large project, said Janega, and won't stop the Maritime Link from being used. 

"With the Maritime Link going in service this year providing Nova Scotia the opportunity that it needs to be able to reach carbon reductions and to adapt to climate change and to increase renewable energy content and we're very pleased to be at this state today," said Janega.

 

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Ottawa hands N.L. $5.2 billion for troubled Muskrat Falls hydro project

Muskrat Falls funding deal delivers federal relief to Newfoundland and Labrador: Justin Trudeau outlines loan guarantees, transmission investment, Hibernia royalties, and $10-a-day child care to stabilize hydroelectric costs and curb electricity rate hikes.

 

Key Points

A $5.2b federal plan aiding NL hydro via loan guarantees, transmission funds, and Hibernia royalties to curb power rates.

✅ $1b for transmission and $1b in federal loan guarantees

✅ $3.2b via Hibernia royalty transfers through 2047

✅ Limits power rate hikes; adds $10-a-day child care in NL

 

Prime Minister Justin Trudeau was in Newfoundland and Labrador Wednesday to announce a $5.2-billion ratepayer protection plan to help the province cover the costs of a troubled hydroelectric project ahead of an expected federal election call.

Trudeau's visit to St. John's, N.L., wrapped up a two-day tour of Atlantic Canada that featured several major funding commitments, and he concluded his day in Newfoundland and Labrador by announcing the province will become the fourth to strike a deal with Ottawa for a $10-a-day child-care program.

As he addressed reporters, the prime minister was flanked by the six Liberal members of Parliament from the province. He alluded to the mismanagement that led the over-budget Muskrat Falls hydroelectric project to become what Liberal Premier Andrew Furey has called an "anchor around the collective souls" of the province.

"The pressures and challenges faced by Newfoundlanders and Labradorians for mistakes made in the past is something that Canadians all needed to step up on, and that's exactly what we did," Trudeau said.

Furey, who joined Trudeau for the two announcements and was effusive in his praise for the federal government, said the federal funding will help Newfoundland and Labrador avoid a spike in electricity rates as customers start paying for Muskrat Falls ahead of when the project begins generating power this November.

"Muskrat Falls has been the No. 1 issue facing Newfoundlanders and Labradorians now for well over a decade," Furey said, adding that he is regularly asked by people whether their electricity rates are going to double, a concern other provinces address through rate legislation in Ontario as well.

"We landed on a deal today that I think -- I know -- is a big deal for Newfoundland and Labrador and will finally get the muskrat off our back," he said.

The agreement-in-principle between the two governments includes a $1-billion investment from Ottawa in a transmission through Quebec portion of the project, as well as $1 billion in loan guarantees. The rest will come from annual transfers from Ottawa equivalent to its annual royalty gains from its share in the Hibernia offshore oilfield, which sits off the coast of St. John's. Those transfers are expected to add up to about $3.2 billion between now and 2047, when the oilfield is expected to run dry.

The money will help cover costs set to come due when the Labrador project comes online, preventing rate increases that would have been needed to pay the bills, and officials have discussed a lump-sum bill credit to help households. Though electricity rates in the province will still rise, to 14.7 cents per kilowatt hour from the current 12.5 cents, that's well below the projected 23 cents that officials had said would be needed to cover the project's costs.

Muskrat Falls was commissioned in 2012 at a cost of $7.4 billion, but its price tag has since ballooned to $13.1 billion. Ottawa previously backed the project with billions of dollars in loan guarantees, and in December, Trudeau announced he had appointed Serge Dupont, former deputy clerk of the Privy Council, to oversee rate mitigation talks with the province about financially restructuring the project.

Its looming impact on the provincial budget is set against an already grim financial situation: the province projected an $826-million deficit in its latest budget, and a recent financial update from the provincial energy corporation reflected pandemic impacts, coupled with $17.2 billion in net debt.

After visiting with children from a daycare centre in the College of the North Atlantic, Trudeau and Furey announced that in 2023, the average cost of regulated child care in the province for children under six would be cut to $10 a day from $25 a day. Trudeau said that within five years, almost 6,000 new daycare spaces would be created in the province.

"As part of the agreement, a new full-day, year-round pre-kindergarten program for four-year-olds will also start rolling out in 2023," the prime minister told reporters. "For parents, this agreement is huge."

Newfoundland and Labrador is the fourth province, after Prince Edward Island, Nova Scotia and British Columbia, to sign on to the federal government's child-care program.

 

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