China outpaces U.S. in clean coal plants

By NEW YORK TIMES


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ChinaÂ’s frenetic construction of coal-fired power plants has raised worries around the world about the effect on climate change. China now uses more coal than the United States, Europe and Japan combined, making it the worldÂ’s largest emitter of gases that are warming the planet.

But largely missing in the hand-wringing is this: China has emerged in the past two years as the worldÂ’s leading builder of more efficient, less polluting coal power plants, mastering the technology and driving down the cost.

While the United States is still debating whether to build a more efficient kind of coal-fired power plant that uses extremely hot steam, China has begun building such plants at a rate of one a month.

Construction has stalled in the United States on a new generation of low-pollution power plants that turn coal into a gas before burning it, although Energy Secretary Steven Chu said that the Obama administration might revive one power plant of this type. But China has already approved equipment purchases for just such a power plant, to be assembled soon in a muddy field here in Tianjin.

“The steps they’ve taken are probably as fast and as serious as anywhere in power-generation history,” said Hal Harvey, president of ClimateWorks, a group in San Francisco that helps finance projects to limit global warming.

Western countries continue to rely heavily on coal-fired power plants built decades ago with outdated, inefficient technology that burn a lot of coal and emit considerable amounts of carbon dioxide. China has begun requiring power companies to retire an older, more polluting power plant for each new one they build.

Cao Peixi, the president of the China Huaneng Group, the countryÂ’s biggest state-owned electric utility and the majority partner in the joint venture building the Tianjin plant, said his company was committed to the project even though it would cost more than conventional plants.

“We shouldn’t look at this project from a purely financial perspective,” he said. “It represents the future.”

Without doubt, ChinaÂ’s coal-fired power sector still has many problems, and global warming gases from the country are expected to continue increasing. ChinaÂ’s aim is to use the newest technologies to limit the rate of increase.

Only half the countryÂ’s coal-fired power plants have the emissions control equipment to remove sulfur compounds that cause acid rain, and even power plants with that technology do not always use it. China has not begun regulating some of the emissions that lead to heavy smog in big cities.

Even among ChinaÂ’s newly built plants, not all are modern. Only about 60 percent of the new plants are being built using newer technology that is highly efficient, but more expensive.

With greater efficiency, a power plant burns less coal and emits less carbon dioxide for each unit of electricity it generates. Experts say the least efficient plants in China today convert 27 to 36 percent of the energy in coal into electricity. The most efficient plants achieve an efficiency as high as 44 percent, meaning they can cut global warming emissions by more than a third compared with the weakest plants.

In the United States, the most efficient plants achieve around 40 percent efficiency, because they do not use the highest steam temperatures being adopted in China. The average efficiency of American coal-fired plants is still higher than the average efficiency of Chinese power plants, because China built so many inefficient plants over the past decade. But China is rapidly closing the gap by using some of the worldÂ’s most advanced designs.

After relying until recently on older technology, “China has since become the major world market for advanced coal-fired power plants with high-specification emission control systems,” the International Energy Agency said in a report on April 20.

China’s improvements are starting to have an effect on climate models. In its latest annual report last November, the I.E.A. cut its forecast of the annual increase in Chinese emissions of global warming gases, to 3 percent from 3.2 percent, in response to technological gains, particularly in the coal sector, even as the agency raised slightly its forecast for Chinese economic growth. “It’s definitely changing the baseline, and that’s being taken into account,” said Jonathan Sinton, a China specialist at the energy agency.

But by continuing to rely heavily on coal, which supplies 80 percent of its electricity, China ensures that it will keep emitting a lot of carbon dioxide; even an efficient coal-fired power plant emits twice the carbon dioxide of a natural gas-fired plant.

Perhaps the biggest question now is how much further China can go beyond the recent steps. In particular, how fast will it move toward power plants that capture their emissions and store them underground or under the seafloor?

That technology could, in theory, create power plants that contribute virtually nothing to global warming. Many countries hope to develop such plants, though progress has been halting; Energy Secretary Chu has promised steps to speed up the technology in the United States.

China has just built a small, experimental facility near Beijing to remove carbon dioxide from power station emissions and use it to provide carbonation for beverages, and the government has a short list of possible locations for a large experiment to capture and store carbon dioxide. But so far, it has no plans to make this a national policy.

China is making other efforts to reduce its global warming emissions. It has doubled its total wind energy capacity in each of the past four years, and is poised to pass the United States as soon as this year as the worldÂ’s largest market for wind power equipment. China is building considerably more nuclear power plants than the rest of the world combined, and these do not emit carbon dioxide after they are built.

But coal remains the cheapest energy source in China by a wide margin. China has the worldÂ’s third-largest coal reserves, after the United States and Russia.

“No matter how much renewable or nuclear is in the mix, coal will remain the dominant power source,” said Ashok Bhargava, a China energy expert at the Asian Development Bank in Manila.

Another problem is that China has finally developed the ability to build high-technology power plants only at the end of a national binge of building lower-tech coal-fired plants. Construction is now slowing because of the economic slump.

By adopting “ultra-supercritical” technology, which uses extremely hot steam to achieve the highest efficiency, and by building many identical power plants at the same time, China has cut costs dramatically through economies of scale. It now can cost a third less to build an ultra-supercritical power plant in China than to build a less efficient coal-fired plant in the United States.

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Why Nuclear Fusion Is Still The Holy Grail Of Clean Energy

Nuclear fusion breakthrough signals progress toward clean energy as NIF lasers near ignition and net energy gain, while tokamak designs like ITER advance magnetic confinement, plasma stability, and self-sustaining chain reactions for commercial reactors.

 

Key Points

A milestone as lab fusion nears ignition and net gain, indicating clean energy via lasers and tokamak confinement.

✅ NIF laser shot approached ignition and triggered self-heating

✅ Tokamak path advances with ITER and stronger magnetic confinement

✅ Net energy gain remains the critical milestone for power plants

 

Just 100 years ago, when English mathematician and astronomer Arthur Eddington suggested that the stars power themselves through a process of merging atoms to create energy, heat, and light, the idea was an unthinkable novelty. Now, in 2021, we’re getting remarkably close to recreating the process of nuclear fusion here on Earth. Over the last century, scientists have been steadily chasing commercial nuclear fusion, ‘the holy grail of clean energy.’ The first direct demonstration of fusion in a lab took place just 12 years after it was conceptualized, at Cambridge University in 1932, followed by the world’s first attempt to build a fusion reactor in 1938. In 1950, Soviet scientists Andrei Sakharov and Igor Tamm propelled the pursuit forward with their development of the tokamak, a fusion device involving massive magnets which is still at the heart of many major fusion pursuits today, including the world’s biggest nuclear fusion experiment ITER in France.

Since that breakthrough, scientists have been getting closer and closer to achieving nuclear fusion. While fusion has indeed been achieved in labs throughout this timeline, it has always required far more energy than it emits, defeating the purpose of the commercial fusion initiative, and elsewhere in nuclear a new U.S. reactor start-up highlights ongoing progress. If unlocked, commercial nuclear fusion would change life as we know it. It would provide an infinite source of clean energy requiring no fossil fuels and leaving behind no hazardous waste products, and many analysts argue that net-zero emissions may be out of reach without nuclear power, underscoring fusion’s promise.

Nuclear fission, the process which powers all of our nuclear energy production now, including next-gen nuclear designs in development, requires the use of radioactive isotopes to achieve the splitting of atoms, and leaves behind waste products which remain hazardous to human and ecological health for up to tens of thousands of years. Not only does nuclear fusion leave nothing behind, it is many times more powerful. Yet, it has remained elusive despite decades of attempts and considerable investment and collaboration from both public and private entities, such as the Gates-backed mini-reactor concept, around the world.

But just this month there was an incredible breakthrough that may indicate that we are getting close. “For an almost imperceptible fraction of a second on Aug. 8, massive lasers at a government facility in Northern California re-created the power of the sun in a tiny hot spot no wider than a human hair,” CNET reported in August. This breakthrough occurred at the National Ignition Facility, where scientists used lasers to set off a fusion reaction that emitted a stunning 10 quadrillion watts of power. Although the experiment lasted for just 100 trillionths of a second, the amount of energy it produced was equal to about “6% of the total energy of all the sunshine striking Earth’s surface at any given moment.”

“This phenomenal breakthrough brings us tantalizingly close to a demonstration of ‘net energy gain’ from fusion reactions — just when the planet needs it,” said Arthur Turrell, physicist and nuclear fusion expert. What’s more, scientists and experts are hopeful that the rate of fusion breakthroughs will continue to speed up, as interest in atomic energy is heating up again across markets, and commercial nuclear fusion could be achieved sooner than ever seemed possible before. At a time when it has never been more important or more urgent to find a powerful and affordable means of producing clean energy, and as policies like the U.K.’s green industrial revolution guide the next waves of reactors, commercial nuclear fusion can’t come fast enough.

 

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Sycamore Energy taking Manitoba Hydro to court, alleging it 'badly mismanaged' Solar Energy Program

Sycamore Energy Manitoba Hydro Lawsuit centers on alleged mismanagement of the solar rebate incentive program, project delays, inspection backlogs, and alleged customer interference, impacting renewable energy installations, contractors, and clean power investment across Manitoba.

 

Key Points

Claim alleging mismanagement of Manitoba's solar rebate, delays, and inducing customers to switch installers.

✅ Lawsuit alleges mismanaged solar rebate incentive program

✅ Delays in inspections left hundreds of projects incomplete

✅ Claims Hydro urged customers to switch installers for rebates

 

Sycamore Energy filed a statement of claim Monday in Manitoba Court of Queens Bench against Manitoba Hydro saying it badly mismanaged its Solar Energy Program, a dispute that comes as Canada's solar progress faces criticism nationwide.

The claim also noted the crown corporation caused significant financial and reputational damage to Sycamore Energy, echoing disputes like Ontario wind cancellation costs seen elsewhere.

The statement of claim says Manitoba Hydro was telling customers to find other companies to complete solar panel installations, even as Nova Scotia's solar charge debate has unfolded.

'I'm still waiting': dozens of Manitoba solar system installations in the queue under expired incentive program
This all comes after a pilot project was launched in the province in April 2016, which would allow people to apply for a rebate under the incentive program, while Saskatchewan adjusted solar credits in parallel, and the project would cover about 25 per cent of the installation costs.

The project ended in April 2018, but hundreds of approved projects had yet to be finished.

According to Manitoba Hydro, in November there were 252 approved projects awaiting completion by more than one contractor, and Sycamore Energy said it had about 100 of those projects, a dynamic seen as New England's solar growth strains grid upgrades in other regions.

At the time Sycamore Energy COO, Alex Stuart, blamed Manitoba Hydro for the delays, stating it took too long to get inspections after solar systems were installed.

Scott Powell, Manitoba Hydro’s director of corporate communications, said in November he disagreed with Sycamore Energy’s comments, even as Ontario moves to reintroduce renewables elsewhere.

In a news release, the company said it sold more installations under Manitoba Hydro’s Solar Energy Program compared to other companies and it was instrumental in helping set up standards for the program.

“Manitoba Hydro mismanaged the solar rebate program from the beginning. In the end, they targeted our company unfairly and unlawfully by inducing our customers to break their contracts with us. Manitoba Hydro told our customers they could get an extension to their rebate but only if they switched to different installers,” said Justin Phillips, CEO of Sycamore Energy in a news release.

“We would much rather be installing clean, effective solar power projects for our customers right now. The last thing we want to do is to be suing Manitoba Hydro, but we feel we have no choice. Their actions have cost us millions in lost business. They’ve also cost the province jobs, millions in private investment and a positive way forward to help combat climate change.”

Manitoba Hydro now has 20 days to respond to the action, and a recent Cornwall wind-farm ruling underscores the stakes.

When asked for a response from CTV News, a spokesperson for the Crown corporation said it hadn’t yet been made aware of the suit.

“If a statement of claim is filed and served, we’ll file a statement of defence in due course. As this matter is now apparently before the courts, we have no further comment,” the spokesperson said.

None of these allegations have been proven in court.

 

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Schott Powers German Plants with Green Electricity

Schott Green Electricity CPPA secures renewable energy via a solar park in Schleswig-Holstein, supporting decarbonization in German glass manufacturing; the corporate PPA with ane.energy delivers about 14.5 GWh annually toward climate-neutral production by 2030.

 

Key Points

Corporate PPA for 14.5 GWh solar in Germany, cutting Schott plant emissions and advancing climate-neutral operations.

✅ 14.5 GWh solar from Schleswig-Holstein via ane.energy

✅ Powers Mainz HQ and plants in GrFCnenplan, Mitterteich, Landshut

✅ Two-year CPPA covers ~5% of Schott's German electricity needs

 

Schott, a leading specialty glass manufacturer, is advancing its sustainability initiatives in step with Germany's energy transition by integrating green electricity into its operations. Through a Corporate Power Purchase Agreement (CPPA) with green energy specialist ane.energy, Schott aims to significantly reduce its carbon footprint and move closer to its goal of climate-neutral production by 2030.

Transition to Renewable Energy

As of February 2025, amid a German renewables milestone for the power sector, Schott has committed to sourcing approximately 14.5 gigawatt-hours of clean energy annually from a solar park in Schleswig-Holstein, Germany. This renewable energy will power Schott's headquarters in Mainz and its plants in Grünenplan, Mitterteich, and Landshut. The CPPA covers about 5% of the company's annual electricity needs in Germany and is initially set for a two-year term, reflecting lessons from extended nuclear power during recent supply challenges.

Strategic Implementation

To achieve climate-neutral production by 2030, Schott is focusing on transitioning from gas to electricity sourced from renewable sources like photovoltaics, alongside complementary pathways such as hydrogen-ready power plants being developed nationally. Operating a single melting tank requires energy equivalent to the annual consumption of up to 10,000 single-family homes. Therefore, Schott has strategically selected suitable plants for this renewable energy supply to meet its substantial energy requirements.

Industry Leadership

Schott's collaboration with ane.energy demonstrates the company's commitment to sustainability and its proactive approach to integrating renewable energy into industrial operations. This partnership not only supports Schott's decarbonization goals but also sets a precedent for other manufacturers in the glass industry to adopt green energy solutions, mirroring advances like green hydrogen steel in heavy industry.

Schott's initiative to power its German glass plants with green electricity underscores the company's dedication to environmental responsibility and its strategic efforts to achieve climate-neutral production by 2030, aligning with the national coal and nuclear phaseout underway. This move reflects a broader trend in the manufacturing sector toward sustainable practices and the adoption of renewable energy sources, even as debates continue over a possible nuclear phaseout U-turn in Germany.

 

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China's nuclear energy on steady development track, say experts

China Nuclear Power Expansion accelerates with reactor approvals, Hualong One and CAP1400 deployments, rising gigawatts, clean energy targets, carbon neutrality goals, and grid reliability benefits to meet coastal demand and reduce emissions.

 

Key Points

An accelerated reactor buildout to add clean capacity, curb emissions, and improve grid reliability nationwide.

✅ Approvals surge for Hualong One and CAP1400 third-gen reactors

✅ Capacity targets approach 100 GW installed by 2030

✅ Supports carbon neutrality, energy security, and lower costs

 

While China has failed to accomplish its 2020 nuclear target of 58 gigawatts under operation and 30 GW under construction, insiders are optimistic about prospects for the nonpolluting energy resource in China over the next five years as the country has stepped up nuclear approvals and construction since 2020.

China expects to record 49 operating nuclear facilities and capacity of more than 51 GW as of the end of 2020. Nuclear power currently makes up around 2.4 percent of the country's total installed energy capacity, said the China Nuclear Energy Association. There are 19 facilities that have received approval and are under construction, with capacity exceeding 20 GW, ranking top globally as nuclear project milestones worldwide continue, it said.

"With surging power demand from coastal regions, more domestic technology, including next-gen nuclear, will be adopted with installations likely nearing 100 GW by the end of 2030," said Wei Hanyang, a power market analyst at Bloomberg New Energy.

Following the Fukushima nuclear reactor disaster in 2011 in Japan, China has, like many countries including Japan, Germany and Switzerland, suspended nuclear power project approvals for a period, including construction of the pilot project of Shidaowan nuclear power plant in Shandong province that uses CAP1400 technology, based on third-generation Westinghouse AP1000 reactor technology.

As China promotes greener development and prioritizes safety and security of nuclear power plant construction, it has pledged to hit peak emissions before 2030 and achieve carbon neutrality by 2060, with electricity meeting 60% of energy use by 2060 according to Shell, the Shidaowan plant, originally scheduled to launch construction in 2014 and enter service in 2018, is expected to start fuel loading and begin operations this year.

Joseph Jacobelli, an independent energy analyst and executive vice-president for Asia business at Cenfura Ltd, a smart energy services company, said recent developments confirm China's ongoing commitment to further boost the country's nuclear sector.

"The nuclear plants can help meet China's goal of reducing greenhouse gas emissions as the country reduces coal power production and provide air pollution-free energy at a lower cost to consumers. China's need for clean energy means that nuclear power generation definitely has an important place in the long-term energy mix," Jacobelli said.

He added that Chinese companies' cost control capabilities and technological advancements, and operational performance improvements such as the AP1000 refueling outage record, are also likely to continue providing domestic companies with advantages, as the cost per kilowatt-hour is very important, especially as solar, wind and other clean energy solutions become even cheaper over the next few years.

China approved two nuclear projects in 2020- Hainan Changjiang nuclear power plant unit 2 and Zhejiang San'ao nuclear power plant unit 1. This is after the country launched three new nuclear power plants in 2019 in the provinces of Shandong, Fujian and Guangdong, which marked the end of a moratorium on new projects.

The Zhejiang San'ao nuclear power plant saw concrete poured for unit 1 on Dec 31, according to its operator China General Nuclear. It will be the first of six Hualong One pressurized water reactors to be built at the site as well as the first Chinese nuclear power plant project to involve private capital.

Jointly invested, constructed and operated by CGN, Zheneng Electric Power, Wenzhou Nuclear Energy Development, Cangnan County Haixi Construction Development and Geely Maijie Investment, the project creates a new model of mixed ownership of nuclear power enterprises, said CGN.

The world's first Hualong One reactor at unit 5 of China National Nuclear Corp's Fuqing nuclear plant in Fujian province was connected to the grid in November. With the start of work on San'ao unit 1, China now has further seven Hualong One units under construction, including Fuqing 6, which is scheduled to go online this year.

CNNC is also constructing one unit at Taipingling in Guangdong and two at Zhangzhou in Fujian province. CGN is building two at its Fangchenggang site in Guangxi Zhuang autonomous region. In addition, two Hualong One units are under construction at Karachi in Pakistan, while CGN proposes to use a UK version of the Hualong One at Bradwell in the United Kingdom, aligning with the country's green industrial revolution strategy.

 

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Opinion: With deregulated electricity, no need to subsidize nuclear power

Pennsylvania Electricity Market Deregulation has driven competitive pricing, leveraged low-cost natural gas, and spurred private investment, jobs, and efficient power plants, while nuclear subsidies threaten wholesale market signals and long-term consumer savings.

 

Key Points

Policy that opens generation to competition, leverages cheap gas, lowers rates, and resists subsidies for nuclear plants.

✅ Competitive wholesale pricing benefits consumers statewide

✅ Gas-driven plants add efficient, flexible capacity and jobs

✅ Nuclear subsidies distort market signals and raise costs

 

For decades, the government regulation of Pennsylvania's electricity markets dictated all aspects of power generation resources in the state, thus restricting market-driven prices for consumers and hindering new power plant development and investment.

Deregulation has enabled competitive markets to drive energy prices downward, as recent grid auction payouts fell 64% indicate, which has transformed Pennsylvania from a higher-electricity-cost state to one with prices below the national average.

Recently, the economic advantage of abundant low-cost natural gas has spurred an influx of billions of dollars of private capital investment and thousands of jobs to construct environmentally responsible natural gas power generation facilities throughout the commonwealth — including our three power generation facilities in operation and one presently under construction.

Calpine is an independent power provider with a national portfolio of 80 highly efficient power plants in operation or under construction with an electric generating capacity of approximately 26,000 megawatts. Collectively, these resources can provide sufficient power for more than 30 million residential homes. We are not a regulated utility receiving a guaranteed rate of return on investment. Rather, Calpine competes to sell wholesale power into the electric markets, and the economics of supply and demand are fundamental to the success of our business.

Pennsylvania's deregulated electricity market is working. Consumers are benefiting from low-cost natural gas, as broader evidence shows competition benefits consumers and the environment across markets, and companies such as Calpine are investing billions of dollars and creating thousands of jobs to build advanced, energy efficient, environmentally responsible and flexible power generating facilities.

There are presently seven electric generating projects under construction in the commonwealth, representing about a $7 billion capital investment that will produce about 7,000 megawatts of efficient electrical power, with additional facilities being planned.

Looking back 20 years following the enactment of the Pennsylvania Electricity Generation Customer Choice and Competition Act, Pennsylvania's regulators and policymakers must conclude that the results of a free and fair market-driven structure have delivered indisputable benefits to the consumer, even amid potential winter rate spikes for residents, and the Pennsylvania economy.

While consumers are now reaping the benefits of open and competitive electricity markets, we see challenges on the horizon that could threaten the foundation of those markets. Due to pressure from nuclear power generators, state policymakers throughout the nation have been increasing efforts to impact the generation mix in their respective states by offering ratepayer funded subsidies to existing nuclear generation resources or by considering a market structure overhaul in New England.

Subsidizing one power generation type over others is having a significant, negative impact on wholesale electric markets, competitive retails markets and ultimately the cost the consumer will have to pay, and can exacerbate disruptions in coal and nuclear industries that strain the economy and risk brownouts.

In Pennsylvania, these subsidies would follow nearly $9 billion already paid by ratepayers to help the commonwealth's nuclear industry transition from regulated to competitive energy markets.

The deregulation of Pennsylvania's electricity markets in the late 1990s allowed the nuclear industry to receive billions of dollars from ratepayers to recover "stranded costs" related to investments in the commonwealth's nuclear plants. These costs were negotiated amounts based on settlements with Pennsylvania's Public Utility Commission to allow the nuclear industry to prepare and transition to competitive electricity markets.

Enough is enough. Regulatory or governmental interference in well functioning markets does not lead to better outcomes. Pennsylvania's state Legislature should not pick winners and losers by enacting legislation that would create an uneven playing field that subsidizes nuclear generating resources in the commonwealth.

William Ferguson is regional vice president for Calpine Corp.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

 

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

 

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

 

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