Airlines look for a green advantage

By Cygnus Business Media


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Following suit with many passenger airlines, Menzies and Swissport in North America are making the push into electric ground support equipment (GSE).

The airlines aren’t the only ones thinking green when it comes to GSE. As owners and operators of the equipment, the ground handling companies operating in North America are bound by the same environmental regulations – compounded with the task of acquiring business in a market plagued by diminishing flight schedules. The current conditions have some of the major players thinking green to comply, reduce cost and remain competitive.

When it comes to new equipment, some ground handling companies are following the trend of electric for its cost savings opportunity and emissions compliance.

For Menzies at its West Coast locations, the switch to alternative technology has been concentrated on electric. According to Frank Dobbelsteijn, vice president of West Coast operations at Menzies Aviation, who oversees five locations, the equipment has proven a good fit for its narrow-body operations.

The company has implemented electric baggage tugs at its locations, with the most recent purchases of 11 eTugs. With the addition, Menzies now operates 30 electric tugs throughout its five locations out of its fleet of 110.

Dobbelsteijn says the company will continue to focus on acquiring more electric equipment in the form of baggage tugs, and is considering electric belt loaders. “To go green where we can has been a competitive advantage that we’ve been able to offer,” he says.

Swissport has also seen the benefits of electric equipment in its efforts to go green.

“When it comes to a maintenance cost, we definitely see where there is an advantage to going electric,” says Jerry Crump, director of purchasing at Swissport USA. “The airlines don’t really require we go electric at this point, it’s more of an initiative on our part and on the airport’s part.

“We’re looking at swapping our entire California gas and propane fleet of belt loaders and tugs over to electric,” he says. “We’re just waiting to install chargers out there in California and then we’re going ahead with it. We’ve already placed the purchase orders.”

Swissport is also considering repowering older diesel equipment with newer gasoline engines or modifying them to Tier III standards. To curb emissions, it has enforced idling policies for equipment.

The company has also implemented 10 solar-powered passenger stairs at its Anchorage location.

Swissport — which began implementing electric tugs about five years ago, and the units now constitute 10 percent of its fleet in North America — has made alternative-technology equipment a continued focus. “Every day there is at least one or two conversations with an engine manufacturer or equipment manufacturer on what’s out there and what’s available for us to do,” Crump says.

“Where we have infrastructure, I can definitely see us growing our electric fleet,” he says.

And that’s the oft-cited issue with electric GSE on the ramp. While the ground handling companies can look to their international counterparts for inspiration — for example, Swissport’s headquarters in Zurich, which has completely converted to electric baggage tractors — the North American market presents a unique challenge.

“We looked at that, the only problem that really stops us as a ground handler from going into more and more electric, because we see the advantages of it, not only from an environmental but also the operational aspects, is that a lot of the U.S. airports don’t support the infrastructure for going electric,” Crump says.

Infrastructure aside, another issue for the ground handling companies is acquiring new business — no small feat considering the current market conditions. “We’re really buying new equipment whenever we get new business,” says Javier Bernabeu, chief operating officer for Swissport in North and South America. “We used to offer new bids with new equipment, but in this situation there is not much available.”

For Menzies, its purchasing decisions are also largely predicated on the acquisition of new business. “There are some more contracts we’re pursuing that if we’re successful, we’re going to purchase more electric equipment,” Dobbelsteijn says.

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Europe's Renewables Are Crowding Out Gas as Coal Phase-Out Slows

EU Renewable Energy Shift is cutting gas dependence as wind and solar expand, reshaping Europe's power mix, curbing emissions, and pressuring coal use amid a supply crisis and rising natural gas prices.

 

Key Points

An EU trend where wind and solar growth reduce gas reliance, curb coal, and lower power-sector emissions.

✅ Wind and solar displace gas in EU power mix

✅ Coal use rises as gas prices surge

✅ Emissions fall, but not fast enough for 1.5 C target

 

The European Union’s renewable energy sources are helping reduce its dependence on natural gas, under the current European electricity pricing framework, that’s still costing the region dearly.

Renewables growth has helped reduce the EU’s dependence on gas, as wind and solar outpaced gas across the bloc last year, which has soared in price since the middle of last year as the region grapples with a supply crisis that’s dealt blows to industries as well as ordinary consumers’ pockets. More than half of new renewable generation since 2019 has replaced gas power, according to a study by London-based climate think tank Ember, with the rest replacing mainly nuclear and coal sources.

“These are moments and paradigm shifts when governments and businesses start taking this much more seriously,” said Charles Moore, the lead author on the study, amid Covid-19 responses accelerating the transition across Europe. “The alternatives are available, they are cheaper, and they are likely to get even cheaper and more competitive. Renewables are now an opportunity, not a cost.”

The high price of gas relative to coal has meant utilities are leaning more on coal as a back-up for renewable generation, as stunted hydro and nuclear output has constrained low-carbon alternatives in parts of Europe, which risks the trajectory of Europe’s phase-out of the dirtiest fossil fuel. Last year, the EU’s coal use jumped disproportionately high relative to the rise in power generation as high gas prices boosted the relative profitability of burning coal instead.


Europe Coal Use Jumps as Costly Gas Turns Firms to Dirty Fuel
EU power generation from renewables reached a record high in 2021 of 547 terawatt-hours last year, accounting for an 11% increase compared to two years before, according to Ember’s Europe Electricity Review. It’s more than doubled in a decade, representing a 157% increase since 2011. 

Gas use declined last year for the second year in a row, as Europe explores storing electricity in gas pipelines to leverage existing infrastructure, reaching a level 8.1% lower than 2019. By contrast, coal use fell just 3.3% in the same period. Put simply, wind and solar did a great job of replacing coal during 2011-2019 but since then renewables have mostly been nudging out gas-fired power stations.

Ember’s Moore warned that the slowing phase-out of coal might require legislation to accelerate. The International Energy Agency recommends OECD countries cease using coal by the end of the decade to ensure alignment with the Paris Agreement target of keeping the world’s temperature increase below 1.5 Celsius, with renewables poised to eclipse coal globally by the mid-2020s lending momentum. 

“Europe can accelerate the phasing out of coal by building more renewable energy and faster,” said Felicia Aminoff,  an energy-transition analyst at BloombergNEF. “Wind and solar have no fuel costs, so as soon as you have made the initial investments to build wind and solar capacity it will start replacing generation that uses any kind of fuel, whether it is coal or gas.”

Overall, EU power sector emissions fell at less than half the rate required to hit that target, Ember’s report said. Spain produced the largest emissions reduction in the last two years, with renewables adding about 25 TWh and gas falling 15 TWh, and in Germany renewables topped coal and nuclear for the first time to support the shift. In contrast, heavy use of coal dragged down the bloc’s climate progress in Poland, where coal use rose about 8 TWh and renewables gained only 4 TWh.

 

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Brenmiller Energy and New York Power Authority Showcase Thermal Storage Success

bGen Thermal Energy Storage stores high-temperature heat in crushed rocks, enabling on-demand steam, hot water, or hot air; integrates renewables, shifts load with off-peak electricity, and decarbonizes campus heating at SUNY Purchase with NYPA.

 

Key Points

A rock-based TES system storing heat to deliver steam, hot water, or hot air using renewables or off-peak power.

✅ Uses crushed rocks to store high-temperature heat

✅ Cuts about 550 metric tons CO2 annually at SUNY Purchase

✅ Integrates renewables and off-peak electricity with NYPA

 

Brenmiller Energy Ltd. (NASDAQ: BNRG), in collaboration with the New York Power Authority (NYPA), a utility pursuing grid software modernization to improve reliability, has successfully deployed its first bGen™ thermal energy storage (TES) system in the United States at the State University of New York (SUNY) Purchase College. This milestone project, valued at $2.5 million, underscores the growing role of TES in advancing sustainable energy solutions.

Innovative TES Technology

The bGen™ system utilizes crushed rocks to store high-temperature heat, which can be harnessed to generate steam, hot air, or hot water on demand. This approach allows for the efficient use of excess renewable energy or off-peak electricity, and parallels microreactor storage advances that broaden thermal options, providing a reliable and cost-effective means of meeting heating needs. At SUNY Purchase College, the bGen™ system is designed to supply nearly 100% of the heating requirements for the Physical Education Building.

Environmental Impact

The implementation of the bGen™ system is expected to eliminate approximately 550 metric tons of greenhouse gas emissions annually. This reduction aligns with New York State's ambitious climate goals, including a 40% reduction in greenhouse gas emissions by 2030, even as transmission constraints can limit cross-border imports. The project also demonstrates the potential of TES to support the state's transition to a cleaner and more resilient energy system.

Collaborative Effort

The successful deployment of the bGen™ system at SUNY Purchase College is the result of a collaborative effort between Brenmiller Energy and NYPA. The project was partially funded by a grant from the Israel-U.S. Binational Industrial Research and Development (BIRD) Foundation. This partnership highlights the importance of international cooperation in advancing innovative energy technologies, as seen in OPG-TVA nuclear collaboration efforts across North America.

Future Prospects

The successful installation and operation of the bGen™ system at SUNY Purchase College serve as a model for broader adoption of TES technology in institutional settings, as OPG's SMR commitment signals parallel low-carbon investment across the region. Brenmiller Energy and NYPA plan to share the project's findings through a webinar hosted by the Renewable Thermal Collaborative on May 19, 2025. This initiative aims to promote the scalability and replicability of TES solutions across New York State and beyond.

As the demand for sustainable energy solutions continues to grow, the successful deployment of the bGen™ system at SUNY Purchase College marks a significant step forward in the integration of TES technology into the U.S. energy landscape, while projects like Pickering B refurbishment underscore parallel clean power investments. The project not only demonstrates the feasibility of TES but also sets a precedent for future initiatives aimed at reducing carbon emissions and enhancing energy efficiency.

Brenmiller Energy's commitment to innovation and sustainability positions the company as a key player in the evolving energy sector. With continued support from partners like NYPA and the BIRD Foundation, and as jurisdictions advance first SMR deployments in North America, Brenmiller Energy is poised to expand the reach of its TES solutions, contributing to a more sustainable and resilient energy future.

 

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4 ways the energy crisis hits U.S. electricity, gas, EVs

U.S. Energy Crunch disrupts fuel and power markets, driving natural gas price spikes, coal resurgence, utility mix shifts, supply chain strains for EV batteries, and inflation pressures, complicating climate policy, OPEC outreach and LNG trade

 

Key Points

Supply-demand gaps raise fuel costs, revive coal, strain EV materials, and complicate U.S. climate policy and plans.

✅ Natural gas spikes shift generation from gas to coal

✅ Supply chain shortages hit nickel, silicon, and chips

✅ Policy tensions between price relief and decarbonization

 

A global energy crunch is creating pain for people struggling to fill their tanks and heat their homes, as well as roiling the utility industry’s plans to change its mix of generation and complicating the Biden administration’s plans to tackle climate change.

The ripple effects of a surge in natural gas prices include a spike in coal use and emissions that counter clean energy targets. High fossil fuel prices also are translating into high prices and a supply crunch for key minerals like silicon used in clean energy projects. On a call with investors yesterday, a Tesla Inc. executive said the company is having a hard time finding enough nickel for batteries.

The crisis could pose political problems for the Biden administration, which spent the last few months fending off criticism about rising fuel prices and inflation (Energywire, Oct. 14).

“Energy issues at this moment are as salient to the American public as they have been in quite some time,” said Christopher Borick, who directs the Muhlenberg College Institute of Public Opinion in Pennsylvania, where Biden stopped yesterday to pitch his infrastructure plan.

While gasoline prices have gotten headlines all summer, natural gas prices have risen faster than motor fuels, more than doubling from an average $1.92 per thousand cubic feet in September 2020 to $5.16 last month. By comparison, gasoline prices have risen about 55 percent in the last year, to $3.36 per gallon nationwide this week, according to AAA.

The roots of the problem go back to the beginning of the pandemic and the recession in 2020. Oil and gas prices fell so fast then that many producers, particularly in the U.S., simply stopped drilling.

Oil companies began predicting a few months later that the abrupt shutdown would eventually lead to shortages and price spikes when the economy recovered. Those predictions turned out to be accurate.

With the economy beginning to recover, demand for gas has gone up, but there’s not enough supply to go around.

While the U.S. energy crunch isn’t as severe as Europe’s energy crisis today, and analysts predict that gas prices will gradually fall next year, consumers could be in for a rough couple of months.

Here’s four ways the global energy crisis is impacting the United States, from the electricity sector to the political landscape:

What are the political repercussions?
For the Biden administration, the energy price hikes come amid fears of rising inflation and persistent supply bottlenecks at the nation’s ports as its climate ambitions face headwinds in Congress.

“The confluence of energy prices, logistical challenges and the need to move on climate have raised this to the top tier,” said Borick, who in the past has polled on energy and environmental issues in Pennsylvania.

Borick noted the administration is facing counterpressures: Even as it pushes to decarbonize the nation’s electric system, it wants to keep gas prices in check. High gasoline prices have been linked to declining political approval ratings, including for presidents, even if much of the price hikes are beyond their control.

White House press secretary Jen Psaki said earlier this month that the administration can take steps to address what it called “short-term supply issues,” but also needs to focus on the long term — and climate.

In hopes of capping prices, the White House has spoken with members of OPEC about increasing oil production — though OPEC has little control over natural gas prices. And earlier this month, the administration talked to U.S. oil and gas producers about helping to bring down prices.

That comes even as environmentalists have pushed Biden to ban federal fossil fuel leasing and drilling and stop new projects.

The moves to curb prices have prompted ridicule from Republicans, who have accused Biden of declaring war on U.S. energy by canceling the Keystone XL pipeline.

“The Biden administration won’t say it out loud, yet let’s admit it: There is a crisis,” Sen. John Barrasso (R-Wyo.) said this week on the Senate floor. “It is one that Joe Biden and his administration has created. It is a crisis of Joe Biden’s own making.”

The situation has also resurfaced comparisons to former President Carter, who struggled politically in the 1970s with gasoline shortages and other energy pressures. Some political scientists say, though, the comparison between the two isn’t apples to apples.

"In 1979, the crisis began with the Iranian Revolution, producing a supply shortage. In the USA, some states rationed the supply. That’s not occurring now. Oil prices were also regulated, another difference, “ said Terry Madonna, a senior fellow in residence for political affairs at Millersville University.

A Morning Consult poll released yesterday carried warning signs for Democrats with worries about the economy on the rise across the political spectrum.

Voters, however, were evenly split on how Biden is handling energy. Forty-two percent of respondents approve of Biden’s energy policy, compared with 45 percent who disapproved. The margin of error is 2 percentage points.

Will the electricity mix change?
Higher gas prices are giving coal a boost in some markets.

Atlanta-based Southern Co. told CNBC earlier this week, for instance, that coal was about 17 percent of the company’s power mix last year. That has changed in 2021.

“The unintended consequence of high gas prices is that coal becomes more economic, and so my sense is … our coal production has bumped up above 20 percent,” Southern CEO Tom Fanning said. “Now, how long that’ll persist, I don’t know.”

Fanning said “what we’re seeing right now, and the real challenge in America, is this notion of energy in transition.”

But the U.S. power sector has been evolving for years, with more renewables and less coal on the grid, and experts say the current energy crunch won’t change long-term utility trends in the industry.

“In general, I wouldn’t place too much emphasis on short-term fluctuations,” Jay Apt, a professor at Carnegie Mellon University, said in an email. “There is still a robust supply chain for most components needed for low-pollution power, including renewables.”

In fact, elevated fossil fuel prices, and high natural gas prices in particular, could accelerate the move toward wind, solar and batteries in some areas. That’s because power plants that run on coal and natural gas can be affected by rising and volatile fuel prices, as illustrated by the recent move in commodities globally. That means higher costs to run the facilities, even if power prices often climb along with gas prices.

“If I were a utility planner, this would cause me to double down on new generation from [wind] and solar and storage as opposed to building additional natural gas plants where, you know, I could be having these super high and volatile operating costs,” said Bri-Mathias Hodge, an associate professor in the Department of Electrical, Computer and Energy Engineering at the University of Colorado, Boulder.

Ed Hirs, an energy fellow at the University of Houston, said the current global situation doesn’t change the U.S. power sector’s overall move toward generation with lower operating costs.

For example, he said nuclear and coal plants can require hundreds of employees, and both have fuel costs. Hirs said a gas facility also needs fuel and may need dozens of employees. Wind and solar facilities often need a smaller number of workers and don’t require fuel in their operations, he noted.

“Eventually the cheap wins out,” Hirs said.

That isn’t even factoring in climate change — the reason world leaders are seeking to slash greenhouse gas emissions. Indeed, lowering emissions remains a priority among many states and big companies in the U.S.

Over the next 10 to 15 years, Hirs said, a key question will be whether battery technology can compete economically in terms of backing up renewables. He said a national carbon price, if enacted, would aid renewables and enhance returns on batteries.

“The real battle is going to be between natural gas and battery storage,” Hirs said.

Apt and M. Granger Morgan, who’s also a Carnegie Mellon professor, noted in a Hill piece last month that the U.S. gets about 40 percent of its power from carbon-free sources, including nuclear.

“Modelers and many power system operators agree that it is possible that renewables can cost-effectively make up roughly 80% of electricity generation,” the professors wrote, adding that other sources could include “storage and gas turbines powered with hydrogen, synfuels, or natural gas with carbon capture.”

What about EVs and renewables?
As for electric vehicles, executives with Tesla said on a call yesterday that supply-chain problems are the major brake on production for both vehicles and batteries.

Chief Financial Officer Zachary Kirkhorn said that the company’s factories aren’t running at full capacity because of an ongoing shortage of semiconductor chips. Customers are waiting longer for vehicles, he said, and wait lists are growing.

The challenges extend to raw materials. In batteries, Kirkhorn said, the company is having trouble finding enough nickel, and in vehicles, it is scrounging for aluminum. He said the problem is "not small," and that prices may rise as supply contracts come up for renewal.

The supply problems are creating "cost headwinds," he said, and so are rising labor costs. Tesla is not immune from the worker shortages that are plaguing the entire U.S. economy.

The production woes aren’t limited to Tesla: Automakers around the world have have had their output crimped by the chip shortage that accompanied the economic rebound after pandemic lockdowns. Unlike many other automakers, Tesla hasn’t been forced to pause its factory lines.

Tesla said it is poised to greatly expand its production of batteries for the electric grid — with a caveat.

Last month, Tesla broke ground on a new California factory to make Megapack, its 3 megawatt-per-hour lithium-ion batteries for use by power companies. That future factory’s capacity, 40 gigawatt per hour a year, is vastly more than the 3 GWh it made in the last calendar year.

However, today’s supply-chain problems are braking the making of both Megapack and Powerwall, Tesla’s battery for homes, Kirkhorn said. He added that production will increase "as soon as parts allow us."

Other advocates for EVs and renewable power expressed little concern about the supply crunch’s meaning for their industries, noting that higher prices alone don’t automatically trigger a broader green revolution on their own.

Those problems likely wouldn’t change the immediate course of the energy transition, researchers said.

"Short-term trends, week to week or even month to month, don’t matter much for investors or policy makers," wrote John Graham, a former budget official with the Bush administration and professor at Indiana University’s O’Neill School of Public and Environmental Affairs, in an email to E&E News.

The crunch may give policymakers a glimpse of the future, however, according to one minerals analyst.

"This isn’t going to be an outlier. I think increasingly you’re going to see pockets of the world start to feel these strains," said Andrew Miller, product director at Benchmark Mineral Intelligence, which focuses its research on battery minerals and battery supply chains.

The U.S. and its allies are only now beginning to develop their own supply chains for batteries and other key clean energy technologies, he noted. "The issue you’re facing, and this is one coming over time, is to have the platform in place. You have to have the supply chain of raw materials," he said.

"I think you’re going to see the most turbulence over the coming decade. … It’s not going to be a smooth transition,” added Miller.

How long will gas prices stay high?
The gap between natural gas demand and supply has led to severe price spikes in Europe, where utilities and other gas buyers have to compete against China for cargoes of liquefied natural gas, according to a research note from IHS Markit Ltd.

Here in the U.S., the causes are the same, but the results aren’t as extreme. Less than 10 percent of domestic gas production is exported as LNG, so American customers don’t have to compete as much against overseas buyers.

Instead, gas-hungry sectors of the economy have run into another problem, IHS analyst Matthew Palmer said in an interview. Gas producers have been cautious about increasing their output, largely because of pressure from investors to limit their spending.

“That theme has really put a governor on production,” he said.

The disconnect will likely mean higher home gas bills and higher electric prices this winter, although deep freeze events or warm weather could disrupt the trend, he said. The U.S. Energy Information Administration is predicting that average heating bills for homes that use gas furnaces will rise 30 percent this winter.

This comes as U.S. gas supply remains high, according to a biennial assessment from the Potential Gas Committee, a group of volunteer geoscientists, engineers and other experts.

Including reserves, future gas supply in the U.S. stands at a record 3,863 trillion cubic feet, up 25 tcf from levels reported in 2019, the group said Tuesday at an event co-hosted with the American Gas Association.

Of that total, so-called technically recoverable resources — or those in the ground but not yet recovered — are 3,368 tcf, the PGC said, down less than 0.2 percent from the last assessment.

The amount of technically recoverable gas went relatively unchanged from year-end 2018 for several reasons, including a lack of company activity in exploration efforts last year due to COVID, said Alexei Milkov, the group’s executive director.

Another factor is that basins mature and shale plays “cannot increase in resources forever,” said Milkov, also a professor of geology and geological engineering at the Colorado School of Mines.

Still, Milkov added, “We cannot tell you right now if we are on a new plateau, or if we are going to start seeing more growth in gas resources again, right, because it’s a complex issue.”

The EIA predicts that gas production will increase and prices will begin to drop in 2022.

David Flaherty, CEO of the Republican polling firm Magellan Strategies in Colorado, said prices could particularly hit seniors. But he said he expected the energy crunch to ease in the U.S. well before the election.

“By early summer, this is likely to be behind us,” he said.

 

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Federal net-zero electricity regulations will permit some natural gas power generation

Canada Clean Electricity Regulations allow flexible, technology-neutral pathways to a 2035 net-zero grid, permitting limited natural gas with carbon capture, strict emissions standards, and exemptions for emergencies and peak demand across provinces and territories.

 

Key Points

Federal draft rules for a 2035 net-zero grid, allowing limited gas with CCS under strict performance and compliance standards.

✅ Performance cap: 30 tCO2 per GWh annually for gas plants

✅ CCS must sequester 95% of emissions to comply

✅ Emergency and peak demand exemptions permitted

 

After facing pushback from Alberta and Saskatchewan, and amid looming power challenges nationwide, Canada's draft net-zero electricity regulations — released today — will permit some natural gas power generation. 

Environment Minister Steven Guilbeault released Ottawa's proposed Clean Electricity Regulations on Thursday.

Provinces and territories will have a minimum 75-day window to comment on the draft regulations. The final rules are intended to pave the way to a net-zero power grid in Canada, aligning with 2035 clean electricity goals established nationally. 

Calling the regulations "technology neutral," Guilbeault said the federal government believes there's enough flexibility to accommodate the different energy needs of Canada's diverse provinces and territories, including how Ontario is embracing clean power in its planning. 

"What we're talking about is not a fossil fuel-free grid by 2035; it's a net zero grid by 2035," Guilbeault said. 

"We understand there will be some fossil fuels remaining … but we're working to minimize those, and the fossil fuels that will be used in 2035 will have to comply with rigorous environmental and emission standards," he added. 

Some analysts argue that scrapping coal-fired electricity can be costly and ineffective, underscoring the trade-offs in transition planning.

While non-emitting sources of electricity — hydroelectricity, wind and solar and nuclear — should not have any issues complying with the regulations, natural gas plants will have to meet specific criteria.

Those operations, the government said, will need to emit the equivalent of 30 tonnes of carbon dioxide per gigawatt hour or less annually to help balance demand and emissions across the grid.

Federal officials said existing natural gas power plants could comply with that performance standard with the help of carbon capture and storage systems, which would be required to sequester 95 per cent of their emissions.

"In other words, it's achievable, and it is achievable by existing technology," said a government official speaking to reporters Thursday on background and not for attribution.

The regulations will also allow a certain level of natural gas power production without the need to capture emissions. Capturing emissions will be exempted during emergencies and peak periods when renewables cannot keep up with demand. 

Some newer plants might not have to comply with the rules until the 2040s, because the regulations apply to plants 20 years after they are commissioned, which dovetails with net-zero by 2050 commitments from electricity associations. 

The two-decade grace period does not apply to plants that open after the regulations are expected to be finalized in 2025.

 

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

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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ACCIONA Energía Launches 280 MW Wind Farm in Alberta

Forty Mile Wind Farm delivers 280 MW of renewable wind power in Alberta, with 49 Nordex turbines by ACCIONA Energía, supplying clean electricity to the grid, lowering carbon emissions, and enabling future 120 MW expansion.

 

Key Points

A 280 MW ACCIONA Energía wind farm in Alberta with 49 Nordex turbines, delivering clean power and cutting carbon.

✅ 280 MW via 49 Nordex N155 turbines on 108 m towers

✅ Supplies clean power to 85,000+ homes, reducing emissions

✅ Phase II could add 120 MW, reaching 400 MW capacity

 

ACCIONA Energía, a global leader in renewable energy, has successfully launched its Forty Mile Wind Farm in southern Alberta, Canada, amid momentum from a new $200 million wind project announced elsewhere in the province. This 280-megawatt (MW) project, powered by 49 Nordex turbines, is now supplying clean electricity to the provincial grid and stands as one of Canada's ten largest wind farms. It also marks the company's largest wind installation in North America to date. 

Strategic Location and Technological Specifications

Situated approximately 50 kilometers southwest of Medicine Hat, the Forty Mile Wind Farm is strategically located in the County of Forty Mile No. 8. Each of the 49 Nordex N155 turbines boasts a 5.7 MW capacity and stands 108 meters tall. The project's design allows for future expansion, with a potential Phase II that could add an additional 120 MW, bringing the total capacity to 400 MW, a scale comparable to Enel's 450 MW U.S. wind farm now in operation. 

Economic and Community Impact

The Forty Mile Wind Farm has significantly contributed to the local economy. During its peak construction phase, the project created approximately 250 jobs, with 25 permanent positions anticipated upon full operation. These outcomes align with an Alberta renewable energy surge projected to power thousands of jobs across the province. Additionally, the project has injected new tax revenues into the local economy and provided direct financial support to local non-profit organizations, including the Forty Mile Family & Community Support Services, the Medicine Hat Women’s Shelter Society, and the Root Cellar Food & Wellness Hub. 

Environmental Benefits

Once fully operational, the Forty Mile Wind Farm is expected to generate enough clean energy to power more than 85,000 homes, supporting wind power's competitiveness in electricity markets today. This substantial contribution to Alberta's energy mix aligns with ACCIONA Energía's commitment to sustainability and its goal of reducing carbon emissions. The project is part of the company's broader strategy to expand its renewable energy footprint in North America and support the transition to a low-carbon economy. 

Future Prospects

Looking ahead, ACCIONA Energía plans to continue its expansion in the renewable energy sector, as peers like TransAlta add 119 MW in the U.S. to their portfolios. The success of the Forty Mile Wind Farm serves as a model for future projects and underscores the company's dedication to delivering sustainable energy solutions, even as Alberta's energy future presents periodic headwinds. With ongoing developments and a focus on innovation, ACCIONA Energía is poised to play a pivotal role in shaping the future of renewable energy in North America.

The Forty Mile Wind Farm exemplifies ACCIONA Energía's commitment to advancing renewable energy, supporting local communities, and contributing to environmental sustainability, and it benefits from evolving demand signals, including a federal green electricity contract initiative in Canada that encourages clean supply. As the project continues to operate and expand, it stands as a testament to the potential of wind energy in Canada's clean energy landscape.

 

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