EVs donÂ’t make sense in Canada

By Gwyn Morgan, former CEO of EnCana Corp.


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Only one week after the much-hyped rollout of electric cars at the Los Angeles Auto Show, Canadian news media carried reports about how Ontario electricity costs are expected to double over the next 20 years.

That forecast must have Ontarians questioning whether buying an electric car is a good idea. But there are other questions all Canadians would be wise to ask about electric cars, and the electricity needed to power them.

Even the staggering electricity rate increases announced by Ontario would not generate nearly enough power to handle a large auto-recharge load, nor could already stretched power grids handle it. In other provinces also, costly retooling of power generation, mainline transmission and local distribution grids would be required.

Wind and solar generate less than one per cent of Canada's power supply, and most provinces have subsidies aimed at increasing that portion. The most spectacular example of the skyrocketing cost of subsidies can be seen in Ontario, where the Liberal government forces consumers to pay 16 times as much for solar power, and three times more for wind, as the current average electricity rate.

Ontario's 20-year power plan calls for $23 billion in subsidies to the wind and solar industry, which supposedly would allow coal-fired power to be phased out. But its own numbers show that with wind and solar capacity available less than 30 per cent of the time, these costly projects still won't bring about the end of coal.

Meanwhile, electricity consumers will be hit with price increases of 46 per cent over the next five years, making Ontario industry uncompetitive with almost all provinces and American states.

Are electric cars really "green?" That depends on how the electricity is generated.

Water generates most of the electricity in Newfoundland and Labrador, Quebec, Manitoba and British Columbia, while Alberta and Saskatchewan generate nearly all power from coal and natural gas. Over all, about 75 per cent of Canada's electricity comes from water and nuclear power, and 25 per cent from fossil fuels.

When measured by fossil-fuel emissions, use of electric cars in Canada can generally be considered green.

Besides their high price tag, limited range and the inconvenience of long charging cycles, there's another factor Canadians need to consider before buying an electric car: our northern climate. Anyone who has had trouble starting a car in cold weather knows that battery performance plummets with temperature. In our dark, cold winters, we also need battery power to heat the car and run headlights. The combined result is a much shorter driving range than they'll be touting in the electric-car showroom.

The green-car race is imploding as beleaguered citizens, struggling to deal with tough economies, see their electricity rates soar and expensive wind and solar power missing in action when most needed. Other jurisdictions are rapidly changing direction, but Ontario keeps whistling merrily in the wind, bound for uncompetitive green oblivion.

Recently, U.S. Energy Secretary Steven Chu said the development of an electric-car battery to be competitive with the internal combustion engine might be five years away.

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Announces Completion of $16 Million Project to Install Smart Energy-Saving Streetlights in Syracuse

Smart Street Lighting NY delivers Syracuse-wide LED retrofits with smart controls, Wi-Fi, and sensors, saving $3.3 million annually and cutting nearly 8,500 tons of greenhouse gases, improving energy efficiency, safety, and maintenance.

 

Key Points

A NYPA-backed program replacing streetlights with LED and controls to cut costs and emissions across New York by 2025.

✅ Syracuse replaced 17,500 fixtures with LED and smart controls.

✅ Saves $3.3M yearly; cuts 8,500 tons CO2e; improves safety.

✅ NYPA financing and maintenance support enable Smart City sensors.

 

Governor Andrew M. Cuomo today announced the completed installation of energy-efficient LED streetlights throughout the City of Syracuse as part of the Governor's Smart Street Lighting NY program. Syracuse, through a partnership with the New York Power Authority, replaced all of its streetlights with the most comprehensive set of innovative Smart City technologies in the state, saving the city $3.3 million annually and reducing greenhouse gas emissions by nearly 8,500 tons a year--the equivalent of taking more than 1,660 cars off the road. New York has now replaced more than 100,000 of its streetlights with LED fixtures, reflecting broader state renewable ambitions across the country, a significant milestone in the Governor's goal to replace at least 500,000 streetlights with LED technology by 2025 under Smart Street Lighting NY.

Today's announcement directly supports the goals of the Climate Leadership and Community Protection Act, the most aggressive climate change law in the nation, through the increased use of energy efficiency, exemplified by Seattle City Light's program that helps customers reduce bills, to annually reduce electricity demand by three percent--equivalent to 1.8 million New York households--by 2025.

"As we move further into the 21st century, it's critical we make the investments necessary for building smarter, more sustainable communities and that's exactly what we are doing in Syracuse," Governor Cuomo said. "Not only is the Smart Street Lighting NY program reducing the city's carbon footprint, but millions of taxpayer dollars will be saved thanks to a reduction in utility costs. Climate change is not going away and it is these types of smart, forward-thinking programs which will help communities build towards the future."

The more than $16 million cutting-edge initiative, implemented by NYPA, includes the replacement of approximately 17,500 streetlights throughout the city with SMART, LED fixtures, improving lighting quality and neighborhood safety while saving energy and maintenance costs. The city's streetlights are now outfitted with SMART controls that provide programmed dimming ability, energy metering, fault monitoring, and additional tools for emergency services through on-demand lighting levels.

"The completion of the replacement of LED streetlights in Syracuse is part of our overall efforts to upgrade more than 100,000 streetlights across the state," Lieutenant Governor Kathy Hochul said. "The new lights will save the city $3.3 million annually, helping to reduce cost for energy and maintenance and reducing greenhouse gas emissions. These new light fixtures will also help to improve safety and provide additional tools for emergency services. The conversion of streetlights statewide to high-tech LED fixtures will help local governments and taxpayers save money, while increasing efficiency and safety as we work to build back better and stronger for the future."

NYPA provided Syracuse with a $500,000 Smart Cities grant for the project. The city utilized the additional funding to support special features on the streetlights that demonstrate the latest in Smart City technologies, focused on digital connectivity, environmental monitoring and public safety. These features are expected to be fully implemented in early 2021.

Connectivity: The city is planning to deploy exterior Wi-Fi at community centers and public spaces, including in neighborhoods in need of expanded digital network services.

Environmental Monitoring: Ice and snow detection systems that assist city officials in pinpointing streets covered in ice or snow and require attention to prevent accidents and improve safety. The sensors provide data that can tell the city where salt trucks and plows are most needed instead of directing trucks to drive pre-determined routes. Flood reporting and monitoring systems will also be installed.

Public Safety and Property Protection: Illegal dumping and vandalism detection sensors will be installed at strategic locations to help mitigate these disturbances. Vacant house monitoring will also be deployed by the city. The system can monitor for potential fires, detect motion and provide temperature and humidity readings of vacant homes. Trash bin sensors will be installed at various locations throughout the city that will detect when a trash bin is full and alert local officials for pick-up.

NYPA President and CEO Gil C. Quiniones said, "Syracuse is truly a pioneer in its exploration of using SMART technologies to improve public services and the Power Authority was thrilled to partner with the city on this innovative initiative. Helping our customers bring their streetlights into the future further advances NYPA's reputation as a first-mover in the energy-sector."

New York State Public Service Commission Chair John B. Rhodes said, "Governor Cuomo signed legislation making it easier for municipalities to purchase and upgrade their street lighting systems. With smart projects like these, cities such as Syracuse can install state-of-the-art, energy efficient lights and take control over their energy use, lower costs to taxpayers and protect the environment."

Mayor Ben Walsh said, "Governor Cuomo and the New York Power Authority have helped power Syracuse to the front of the pack of cities in the U.S., leveraging SMART LED lighting to save money and make life better for our residents. Because of our progress, even in the midst of a global pandemic, the Syracuse Surge, our strategy for inclusive growth in the New Economy, continues to move forward. Syracuse and all of New York State are well positioned to lead the nation and the world because of NYPA's support and the Governor's leadership."

To date, NYPA has installed more than 50,000 LED streetlights statewide, with more than 115,000 lighting replacements currently implemented. Some of the cities and towns that have already converted to LED lights, in collaboration with NYPA, include Albany, Rochester, and White Plains. In addition, the Public Service Commission, whose ongoing retail energy markets review informs consumer protections, in conjunction with investor-owned utilities around the state, has facilitated the installation of more than 50,000 additional LED lights.

The NYPA Board of Trustees, in support of the Smart Street Lighting NY program, authorized at its September meeting the expenditure of $150 million over the next five years to secure the services of Candela Systems in Hawthorne, D&M Contracting in Elmsford and E-J Electric T&D in Wallingford, Connecticut, while in other regions, city officials take a clean energy message to Georgia Power and the PSC to spur utility action. All three firms will work on behalf of NYPA to continue to implement LED lighting replacements throughout New York State to meet the Governor's goal of 500,000 LED streetlights installed by 2025.

Smart Street Lighting NY: Energy Efficient and Economically Advantageous

NYPA is working with cities, towns, villages and counties throughout New York to fully manage and implement a customer's transition to LED streetlight technology. NYPA provides upfront financing for the project, and during emergencies, New York's utility disconnection moratorium helps protect customers while payments to NYPA are made in the years following from the cost-savings created by the reduced energy use of the LED streetlights, which are 50 to 65 percent more efficient than alternative street lighting options.

Through this statewide street lighting program, NYPA's government customers are provided a wide-array of lighting options to help meet their individual needs, including specifications on the lights to incorporate SMART technology, which can be used for dozens of other functions, such as cameras and other safety features, weather sensors, Wi-Fi and energy meters.

To further advance the Governor's effort to replace existing New York street lighting, in 2019, NYPA launched a new maintenance service to provide routine and on-call maintenance services for LED street lighting fixtures installed by NYPA throughout the state, and during the COVID-19 response, New York and New Jersey suspended utility shut-offs to protect customers and maintain essential services. The new service is available to municipalities that have engaged NYPA to implement a LED street lighting conversion and have elected to install an asset management controls system on their street lighting system, reducing the number of failures and repairs needed after installation is complete.

To learn more about the Smart Street Lighting NY program, visit the program webpage on NYPA's website.

 

New York State's Nation-Leading Climate Plan

Governor Cuomo's nation-leading climate plan is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State builds back better as it recovers from the COVID-19 pandemic. Enshrined into law through the CLCPA, New York is on a path to reach its mandated goals of economy wide carbon neutrality and achieving a zero-carbon emissions electricity sector by 2040, similar to Ontario's clean electricity regulations that advance decarbonization, faster than any other state. It builds on New York's unprecedented ramp-up of clean energy including a $3.9 billion investment in 67 large-scale renewable projects across the state, the creation of more than 150,000 jobs in New York's clean energy sector, a commitment to develop over 9,000 megawatts of offshore wind by 2035, and 1,800 percent growth in the distributed solar sector since 2011. New York's Climate Action Council is working on a scoping plan to build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 40 percent of the benefits of clean energy investments benefit disadvantaged communities, and advancing progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 TBtus.

 

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Renewable growth drives common goals for electricity networks across the globe

Energy Transition Grid Reforms address transmission capacity, interconnection, congestion management, and flexibility markets, enabling renewable integration and grid stability while optimizing network charges and access in Australia, Ireland, and Great Britain.

 

Key Points

Measures to expand transmission, boost flexibility, and manage congestion for reliable, low-carbon electricity systems.

✅ Transmission upgrades and interconnectors ease congestion

✅ Flexible markets, DER, and storage bolster grid stability

✅ Evolving network charges and access incentivize siting

 

Electricity networks globally are experiencing significant increases in the volume of renewable capacity as countries seek to decarbonise their power sectors, even as clean energy's 'dirty secret' highlights integration trade-offs, without impacting the security of supply. The scale of this change is creating new challenges for power networks and those responsible for keeping the lights on.

The latest insight paper from Cornwall Insight – Market design amidst global energy transition – looks into this issue. It examines the outlook for transmission networks, and how legacy design and policies are supporting decarbonisation, aligning with IRENA findings on renewables and shaping the system. The paper focuses on three key markets; Australia, Ireland and Great Britain (GB).

Australia's main priority is to enhance transmission capacity and network efficiency; as concerns over excess solar risking blackouts grow in distribution networks, without this, the transmission system will be a barrier to growth for decentralised flexibility and renewables. In contrast, GB and Ireland benefit from interconnection with other national markets. This provides them with additional levers that can be pulled to manage system security and supply. However, they are still trying to hone and optimise network flexibility in light of steepening decarbonisation objectives.

Unsurprisingly, renewable energy resources have been growing in all three markets, with Ireland regarded as a leader in grid integration, with this expected to continue for the foreseeable future. Many of these projects are often located in places where network infrastructure is not as well developed, creating pressure on system operation as a result.

In all three markets, unit charges are rising, driven by a reduced charging base as decentralised energy grows quickly. This combination of changes is leading to network congestion, a challenge mirrored by the US grid overhaul for renewables underway, as transmission network development struggles to keep up, and flexibility markets are being optimised and changed.

In summary, reforms are on-going in each jurisdiction to accommodate the rapid physical transformation of the generation mix. Each has its objectives and tensions which are reflective of wider global reform programmes being undertaken in most developed, liberalised and decarbonising energy markets.

Gareth Miller, CEO of Cornwall Insight, said: “Despite differences in market design and characteristics, all three markets are grappling with similar issues, that comes from committing to deep decarbonisation. This includes the most appropriate methods for charging for networks, managing access to them and dealing with issues such as network congestion and constraint.

“In all three countries, renewable projects are often placed in isolated locations, as seen in Scotland where more pylons are needed to keep the lights on, away from the traditional infrastructure that is closer to demand. However, as renewable growth is set to continue, the networks will need to transition from being demand-centric to more supply orientated.

“Both system operators and stakeholders will need to continually evaluate their market structures and designs to alleviate issues surrounding locational congestion and grid stability. Each market is at very different stages in the process in trying to improve any problems implementing solutions to allow for higher efficiencies in renewable energy integration.

“It is uncertain whether any of the proposed changes will fundamentally resolve the issues that come with increased renewables on the system. However, despite marked differences, they certainly could all learn from each other and elements of their network arrangements, as well as from US decarbonisation strategies research.”

 

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Germany agrees 200 bln euro package to shield against surging energy prices

Germany Energy Price Defensive Shield counters soaring gas and electricity costs with a gas price brake, VAT cut, subsidies for households and SMEs, LNG terminals, renewables, temporary nuclear extension, and targeted borrowing to curb inflation.

 

Key Points

A 200 billion euro package to cap energy costs, subsidize basics, and stabilize inflation for firms and households.

✅ Gas price brake and VAT cut reduce consumer and SME energy bills.

✅ Temporary electricity subsidies and nuclear extension aid winter supply.

✅ Funded via new borrowing; supports LNG and renewable expansion.

 

German Chancellor Olaf Scholz set out a 200 billion euro ($194 billion) "defensive shield", including a gas price brake and a cut in sales tax for the fuel, to protect companies and households from the impact of soaring energy prices in Germany.

Europe's biggest economy is trying to cope with surging gas and electricity costs, with local utilities seeking help, caused largely by a collapse in Russian gas supplies to Europe, which Moscow has blamed on Western sanctions following its invasion of Ukraine in February.

3 minute readSeptember 29, 202211:35 AM PDTLast Updated 6 days ago
Germany agrees 200 bln euro package to shield against surging energy prices
By Holger Hansen and Kirsti Knolle

"Prices have to come down, so the government will do everything it can. To this end, we are setting up a large defensive shield," said Scholz.

Under the plans, to run until spring 2024, the government will introduce an emergency price brake on gas, the details of which will be announced next month, while Europe weighs emergency measures to limit electricity prices across the bloc. It is scrapping a planned gas levy meant to help firms struggling with high spot market prices. 

A temporary electricity price brake will subsidise basic consumption for consumers and small and medium-sized companies, and complements an electricity subsidy for industries under discussion. Sales tax on gas will fall to 7% from 19%.

In its efforts to cut its dependence on Russian energy, Germany is also promoting the expansion of renewable energy and developing liquefied gas terminals, but rolling back European electricity prices remains complex.

To help households and companies weather any winter supply disruption, amid rising heating and electricity costs this winter, especially in southern Germany, two nuclear plants previously due to close by the end of this year will be able to keep running until spring 2023.

The package will be financed with new borrowing this year, as Berlin makes use of the suspension of a constitutionally enshrined limit on new debt of 0.35% of gross domestic product.

Finance Minister Christian Lindner has said he wants to comply with the limit again next year, even as the EU outlines gas price cap strategies for the market.

Lindner, of the pro-business Free Democrats (FDP) who share power with Scholz's Social Democrats and the Greens, said on Thursday the country's public finances were stable.

"We can put it no other way: we find ourselves in an energy war," said Lindner. "We want to clearly separate crisis expenditure from our regular budget management, we want to send a very clear signal to the capital markets."

He also said the steps would act as a brake on inflation, which hit its highest level in more than a quarter of century in September.

Opposition conservative Markus Soeder, premier of the southern state of Bavaria, said the steps gave the right signal.

"It gives industry and citizens confidence that we can get through the winter," he said.

 

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Electricity prices may go up by 15 per cent

Jersey Electricity Standby Charge proposes a grid-backup fee for commercial self-generators of renewable energy, with a review delaying implementation; potential tariff impacts include 10-15 percent price rises, cost recovery, and network reliability.

 

Key Points

A grid-backup fee for Jersey self-generating businesses to share network costs fairly and curb electricity price rises.

✅ Applies to commercial self-generation using renewables or not

✅ Excludes full exporters and pre-charge installations

✅ Aims to recover grid costs and avoid 10-15% price rises

 

Electricity prices could rise by ten to 15 per cent if a standby charge for some commercial customers is not implemented, the chief executive of Jersey Electricity has warned.

Jersey Electricity has proposed extending a monthly fee to commercial customers who generate their own power through renewable means but still wish to be connected to Jersey’s grid as a back-up, echoing Ontario energy storage efforts to shore up reliability.

The States recently unanimously backed a proposal lodged by Deputy Carolyn Labey to delay administering the levy until a review could be carried out, as seen in the UK grid's net-zero transformation debates influencing policy. The charge, was due to be implemented next month but will now not be introduced until May, or later if the review has not concluded.

But Chris Ambler, JE chief executive, warned that failing to implement the standby charge could lead to additional costs for customers.

Some of JE’s commercial customers have already been charged a standby fee after generating their own power through non-renewable means.

The charge does not apply to businesses which export all of their electricity back into the system as part of a buy-back scheme or those which install self-generation facilities before the charge is implemented.

Deputy Labey argued that the Island had done ‘absolutely nothing’ to support the use of renewable energies and instead were discouraging locally generated power by allowing JE to set a standby charge.

She added that she was pleased that the Council of Ministers had already starting reviewing the charges but the debate needed to go ahead to ensure the work continued after the May election.

During a States debate last month, she said: ‘It is increasingly concerning that we, as an island in the 21st century, are happy for our electricity to be provided to us by an unregulated, publicly listed for-profit company with a monopoly on energy.

‘I also think that introducing a charge on renewables at a time when the world is experiencing a revolution in renewable energies, including offshore vessel charging solutions, which are becoming increasingly economic, is something that needs to be investigated.

‘Jersey should be looking to diversify our electricity production and supply, to help protect us from price and currency fluctuations and to ensure that we, as an island, receive the best deal possible for Islanders.’

Mr Ambler said that any price increase would be dependent on the future take-up and use of renewable-energy technology in Jersey.

He said: ‘The cost impact would not be significant in the short term but in the long term it could be significant. I think that we are obliged to let our customers know that.

‘It is very difficult to assess but if we are not able to levy a fair charge, then, as electricity shortages in Canada have shown, we could see prices rise by ten to 15 per cent over time.’

Mr Ambler added that his company was in favour of the use of renewable energy, with a third of the company’s electricity being generated by hydroelectric sources, but that the costs of implementing it needed to be fairly distributed, given how big battery rule changes can affect project viability elsewhere in the market.

And he said that, while it was difficult to quantify how much could be lost if the standby charge was not implemented, it could cost the company over £10 million.

‘In 2014, we only increased our prices by one per cent,’ he said. ‘We are reviewing our prices at the moment but if we did put an increase in place it would be modest and it would not be linked to the standby charge.’

 

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Michigan utilities propose more than $20M in EV charging programs

Michigan EV time-of-use charging helps DTE Energy and Consumers Energy manage off-peak demand, expand smart charger rebates, and build DC fast charging infrastructure, lowering grid costs, emissions, and peak load impacts across Michigan's distribution networks.

 

Key Points

Michigan utility programs using time-based EV rates to shift charging off-peak and ease grid load via charger rebates.

✅ Off-peak rates cut peak load and distribution transformer stress.

✅ Rebates support home smart chargers and DC fast charging sites.

✅ DTE Energy and Consumers Energy invest to expand EV infrastructure.

 

The two largest utilities in the state of Michigan, DTE Energy and Consumers Energy, are looking at time-of-use charging rates in two proposed electric vehicle (EV) charging programs, aligned with broader EV charging infrastructure trends among utilities, worth a combined $20.5 million of investments.

DTE Energy last month proposed a $13 million electric vehicle (EV) charging program, which would include transformer upgrades/additions, service drops, labor and contractor costs, materials, hardware and new meters to provide time-of-use charging rates amid evolving charging control dynamics in the market. The Charging Forward program aims to address customer education and outreach, residential smart charger support and charging infrastructure enablement, DTE told regulators in its 1,100-page filing. The utility requested that rebates provided through the program be deferred as a regulatory asset.

Consumers Energy in 2017 withdrew a proposal to install 800 electric vehicle charging ports in its Michigan service territory after questions were raised over how to pay for the $15 million plan. According to Energy News Network, the utility has filed a modified proposal building on the former plan and conversations over the last year that calls for approximately half of the original investment.

Utilities across the country are viewing new demand from EVs as a potential boon to their systems, a shift accelerated by the Model 3's impact on utility planning, potentially allowing greater utilization and lower costs. But that will require the vehicles to be plugged in when other demand is low, to avoid the need for extensive upgrades and more expensive power purchases. Michigan utilities' proposal focuses on off-peak EV charging, as well as on developing new EV infrastructure.

While adoption has remained relatively low nationally, last year the Edison Electric Institute and the Institute for Electric Innovation forecast 7 million EVs on United States' roads by the end of 2025. But unless those EVs can be coordinated, state power grids could face increased stress, the National Renewable Energy Laboratory has said distribution transformers may need to be replaced more frequently and peak load could push system limits — even with just one or two EVs on a neighborhood circuit. 

In its application, DTE told regulators that electrification of transportation offers a range of benefits including "reduced operating costs for EV drivers and affordability benefits for utility customers."

"Most EV charging takes place overnight at home, effectively utilizing distribution and generation capacity in the system during a low load period," the utility said. "Therefore, increased EV adoption puts downward pressure on rates by spreading fixed costs over a greater volume of electric sales."

DTE added that other benefits include reduced carbon emissions, improved air quality, increased expenditures in local economies and reduced dependency on foreign oil for the public at large.

A previous proposal from Consumers Energy included 60 fast charging DC stations along major highways in the Lower Peninsula and 750 240-volt AC stations in metropolitan areas. Consumers' new plan will offer rebates for charger installation, as U.S. charging networks jostle for position amid federal electrification efforts, including residential and DC fast-charging stations.

 

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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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