Town unruffled over wind farm

By Toronto Star


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As long as the wind blows, which is most of the time, all of the power feeding Rock Port in Missouri is green.

The community is the only one in the U.S. that gets its electricity entirely from wind, generated by four 1.25-megawatt turbines that sit on a bluff overlooking the town.

Together they generate 16 million kilowatt hours annually, enough to run this town of 1,400 – with its four-block main street and single traffic light – and sell 3 million kilowatt hours back to the grid.

Admittedly, it's a small town, said Mayor Jeff Seaman. "I can see from my house, on one end of town, to the other end of town and then out into the country."

Electricity from the wind farm is fed into town through a separate line, bypassing the main power grid, which brings in electricity from the Northwest Public Energy Pool and is used only on days when there is no breeze.

"It's almost like having a backup generator in your yard," said Seaman, who works at the Cooper Nuclear Station across the state line in Nebraska.

Eric Chamberlain, a former mortuary worker, put up a monitoring tower after seeing an Iowa wind farm and did his own studies to prove that the renewable energy was viable in Rock Port.

Chamberlain not only convinced John Deere Wind Energy and Wind Capital Group that the turbines could work, he talked his way into a job, and is now one of Capital's managers.

John Deere Wind Energy owns the turbines, which are managed by Capital. The only financial savings to the town itself is about $50,000 a year in wheeling charges, a fee levied by electricity companies to push more power through the lines.

In Ontario, it's difficult to speculate on what the savings would be, says Joyce McLean, Toronto Hydro's director of strategic issues.

Toronto Hydro buys its power from Ontario Power Authority, negotiating 20-year contracts. Any new electricity generation has to be sold back to the grid. It can't bypass it as they do in Rock Port.

But according to Ontario's new Green Energy Act, any company that can generate up to 10 megawatts of power from renewable energy sources is allowed to sell to Ontario Power Authority.

And in Missouri, wind farms don't seem to stir up much debate as in Ontario, where some Toronto residents oppose a Toronto Hydro plan to put a string of wind turbines in Lake Ontario about two kilometres offshore from Scarborough.

Just outside Rock Port's city limits, another 100 turbines sit on farmland and feed power to the rest of the state.

The towers have generated little opposition. They're no "different than a radio or cellphone tower. No one has said anything negative about the way they look," Seaman said.

"I think anything can detract from the landscape, but I don't think (the wind farm) is truly offensive."

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California Gets $500M to Upgrade Power Grid

California Grid Modernization Funding will upgrade transmission and distribution, boost grid resilience, enable renewable energy integration, expand energy storage, and deploy smart grid controls statewide with over $500 million in federal infrastructure investment.

 

Key Points

Federal support to harden California's grid, integrate renewables, add storage, and deploy smart upgrades for reliability.

✅ Strengthens transmission and distribution for wildfire and heat resilience

✅ Integrates solar and wind with storage and advanced grid controls

✅ Deploys smart meters, DER management, and modern cybersecurity

 

California has recently been awarded over $500 million in federal funds to significantly improve and modernize its power grid. This substantial investment marks a pivotal step in addressing the state’s ongoing energy challenges, enhancing grid resilience, and supporting its ambitious climate goals. The funding, announced by federal and state officials, is set to bolster California’s efforts to upgrade its electrical infrastructure, integrate renewable energy sources, and ensure a more reliable and sustainable energy system for its residents.

California's power grid has faced numerous challenges in recent years, including extreme weather events, high energy demand, and an increasing reliance on renewable energy sources. The state's electrical infrastructure has struggled to keep pace with these demands, leading to concerns about reliability, efficiency, and the capacity to handle new energy technologies. The recent federal funding is a critical component of a broader strategy to address these issues and prepare the grid for future demands.

The $500 million in federal funds is part of a larger initiative to support energy infrastructure projects across the United States, including a Washington state grant that strengthens regional infrastructure. The investment aims to modernize aging grid systems, improve energy efficiency, and enhance the integration of renewable energy sources. For California, this funding represents a significant opportunity to address several key areas of concern in its power grid.

One of the primary objectives of the funding is to enhance the resilience of the power grid. California has experienced a series of extreme weather events, including wildfires and heatwaves, driven in part by climate change impacts across the U.S., which have put considerable strain on the electrical infrastructure. The new investment will support projects designed to strengthen the grid’s ability to withstand and recover from these events. This includes upgrading infrastructure to make it more robust and less susceptible to damage from natural disasters.

Another key focus of the funding is the integration of renewable energy sources. California is a leader in the adoption of solar and wind energy, and the state has set ambitious goals for increasing its use of clean energy. However, integrating these variable energy sources into the grid presents technical challenges, including ensuring a stable and reliable power supply. The federal funds will be used to develop and deploy advanced technologies that can better manage and store renewable energy, such as battery storage systems, improving the overall efficiency and effectiveness of the grid.

In addition to resilience and renewable integration, the funding will also support efforts to modernize grid infrastructure. This includes upgrading transmission and distribution systems, implementing smarter electricity infrastructure and smart grid technologies, and enhancing grid management and control systems. These improvements are essential for creating a more flexible and responsive power grid that can meet the evolving needs of California’s energy landscape.

The investment in grid modernization also aligns with California’s broader climate goals. The state has set targets to reduce greenhouse gas emissions and increase the use of clean energy sources as it navigates keeping the lights on during its energy transition. By improving the power grid and supporting the integration of renewable energy, California is making progress toward achieving these goals while also creating jobs and stimulating economic growth.

The allocation of federal funds comes at a crucial time for California. The state has faced significant challenges in recent years, including power outages, energy reliability issues, and increasing energy costs that make repairing California's grid especially complex today. The new funding is expected to address many of these concerns by supporting critical infrastructure improvements and ensuring that the state’s power grid can meet current and future demands.

Federal and state officials have expressed strong support for the funding and its potential impact. The investment is seen as a major step forward in creating a more resilient and sustainable energy system for California. It is also expected to serve as a model for other states facing similar challenges in modernizing their power grids and integrating renewable energy sources.

The federal funding is part of a broader push to address infrastructure needs across the country. The Biden administration has prioritized investment in energy infrastructure, including a $34 million DOE initiative supporting grid improvements, as part of its broader agenda to combat climate change and build a more sustainable economy. The funding for California’s power grid is a reflection of this commitment and an example of how federal resources can support state and local efforts to improve infrastructure and address pressing energy challenges.

In summary, California’s receipt of over $500 million in federal funds represents a significant investment in the state’s power grid. The funding will support efforts to enhance grid resilience, integrate renewable energy sources, and modernize infrastructure. As California continues to face challenges related to extreme weather, energy reliability, and climate goals, this investment will play a crucial role in building a more reliable, efficient, and sustainable energy system. The initiative also highlights the importance of federal support in addressing infrastructure needs and advancing environmental and economic goals.

 

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Ireland: We are the global leaders in taking renewables onto the grid

Ireland 65% Renewable Grid Capability showcases world leading integration of intermittent wind and solar, smart grid flexibility, EU-SysFlex learnings, and the Celtic Interconnector to enhance stability, exports, and energy security across the European grid.

 

Key Points

Ireland can run its isolated power system with 65% variable wind and solar, informing EU grid integration and scaling.

✅ 65% system non-synchronous penetration on an isolated grid

✅ EU-SysFlex roadmap supports large-scale renewables integration

✅ Celtic Interconnector adds 700MW capacity and stability

 

Ireland is now able to cope with 65% of its electricity coming from intermittent electricity sources like wind and solar, as highlighted by Ireland's green electricity outlook today – an expertise Energy Minister Denish Naugthen believes can be replicated on a larger scale as Europe moves towards 50% renewable power by 2030.

Denis Naughten is an Irish politician who serves as Minister for Communications, Climate Action and Environment since May 2016.

Naughten spoke to editor Frédéric Simon on the sidelines of a EURACTIV event in the European  Parliament to mark the launch of EU-SysFlex, an EU-funded project, which aims to create a long-term roadmap for the large-scale integration of renewable energy on electricity grids.

What is the reason for your presence in Brussels today and the main message that you came to deliver?

The reason that I’m here today is that we’re going to share the knowledge what we have developed in Ireland, right across Europe. We are now the global leaders in taking variable renewable electricity like wind and solar onto our grid.

We can take a 65% loading on to the grid today – there is no other isolated grid in the world that can do that. We’re going to get up to 75% by 2020. This is a huge technical challenge for any electricity grid and it’s going to be a problem that is going to grow and grow across Europe, even as Europe's electricity demand rises in the coming years, as we move to 50% renewables onto our grid by 2030.

And our knowledge and understanding can be used to help solve the problems right across Europe. And the sharing of technology can mean that we can make our own grid in Ireland far more robust.

What is the contribution of Ireland when it comes to the debate which is currently taking place in Europe about raising the ambition on renewable energy and make the grid fit for that? What are the main milestones that you see looking ahead for Europe and Ireland?

It is a challenge for Europe to do this, but we’ve done it Ireland. We have been able to take a 65% loading of wind power on our grid, with Irish wind generation hitting records recently, so we can replicate that across Europe.

Yes it is about a much larger scale and yes, we need to work collaboratively together, reflecting common goals for electricity networks worldwide – not just in dealing with the technical solutions that we have in Ireland at the fore of this technology, but also replicating them on a larger scale across Europe.

And I believe we can do that, I believe we can use the learnings that we have developed in Ireland and amplify those to deal with far bigger challenges that we have on the European electricity grid.

Trialogue talks have started at European level about the reform of the electricity market. There is talk about decentralised energy generation coming from small-scale producers. Do you see support from all the member states in doing that? And how do you see the challenges ahead on a political level to get everyone on board on such a vision?

I don’t believe there is a political problem here in relation to this. I think there is unanimity across Europe that we need to support consumers in producing electricity for self-consumption and to be able to either store or put that back into the grid.

The issues here are more technical in nature. And how you support a grid to do that. And who actually pays for that. Ireland is very much a microcosm of the pan-European grid and how we can deal with those challenges.

What we’re doing at the moment in Ireland is looking at a pilot scheme to support consumers to generate their own electricity to meet their own needs and to be able to store that on site.

I think in the years to come a lot of that will be actually done with more battery storage in the form of electric vehicles and people would be able to transport that energy from one location to another as and when it’s needed. In the short term, we’re looking at some novel solutions to support consumers producing their own electricity and meeting their own needs.

So I think this is complex from a technical point of view at the moment, I don’t think there is an unwillingness from a political perspective to do it, and I think working with this particular initiative and other initiatives across Europe, we can crack those technical challenges.

To conclude, last year, the European Commission allocated €4 million to a project to link up the Irish electricity grid to France. How is that going to benefit Ireland? And is that related to worries that you may have over Brexit?

The plan, which is called the Celtic Interconnector, is to link France with the Irish electricity grid. It’s going to have a capacity of about 700MW. It allows us to provide additional stability on our grid and enables us to take more renewables onto the grid. It also allows us to export renewable electricity onto the main European grid as well, and provide stability to the French network.

So it’s a benefit to both individual networks as well as allowing far more renewables onto the grid. We’ve been working quite closely with RTE in France and with both regulators. We’re hoping to get the support of the European Commission to move it now from the design stage onto the construction stage. And I understand discussions are ongoing with the Commission at present with regard to that.

And that is going to diversify potential sources of electricity coming in for Ireland in a situation which is pretty uncertain because of Brexit, correct?

Well, I don’t think there is uncertainty because of Brexit in that we have agreements with the United Kingdom, we’re still going to be part of the broader energy family in relation to back-and-forth supply across the Irish Sea, with grid reinforcements in Scotland underscoring reliability needs.  But I think it is important in terms of meeting the 15% interconnectivity that the EU has set in relation to electricity.

And also in relation of providing us with an alternative support in relation to electricity supply outside of Britain. Because Britain is now leaving the European Union and I think this is important from a political point of view, and from a broader energy security point of view. But we don’t see it in the short term as causing threats in relation to security of supply.

 

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Alberta Leads the Way in Agrivoltaics

Agrivoltaics in Alberta integrates solar energy with agriculture, boosting crop yields and water conservation. The Strathmore Solar project showcases dual land use, sheep grazing for vegetation control, and PPAs that expand renewable energy capacity.

 

Key Points

A dual-use model where solar arrays and farming co-exist, boosting yields, saving water, and diversifying revenue.

✅ Strathmore Solar: 41 MW on 320 acres with managed sheep grazing

✅ 25-year TELUS PPA secures power and renewable energy credits

✅ Panel shade cuts irrigation needs and protects crops from extremes

 

Alberta is emerging as a leader in agrivoltaics—the innovative practice of integrating solar energy production with agricultural activities, aligning with the province's red-hot solar growth in recent years. This approach not only generates renewable energy but also enhances crop yields, conserves water, and supports sustainable farming practices. A notable example of this synergy is the Strathmore Solar project, a 41-megawatt solar farm located on 320 acres of leased industrial land owned by the Town of Strathmore. Operational since March 2022, it exemplifies how solar energy and agriculture can coexist and thrive together.

The Strathmore Solar Initiative

Strathmore Solar is a collaborative venture between Capital Power and the Town of Strathmore, with a 25-year power purchase agreement in place with TELUS Corporation for all the energy and renewable energy credits generated by the facility. The project not only contributes significantly to Alberta's renewable energy capacity, as seen with new solar facilities contracted at lower cost across the province, but also serves as a model for agrivoltaic integration. In a unique partnership, 400 to 600 sheep from Whispering Cedars Ranch are brought in to graze the land beneath the solar panels. This arrangement helps manage vegetation, reduce fire hazards, and maintain the facility's upkeep, all while providing shade for the grazing animals. This mutually beneficial setup maximizes land use efficiency and supports local farming operations, illustrating how renewable power developers can strengthen outcomes with integrated designs today. 

Benefits of Agrivoltaics in Alberta

The integration of solar panels with agricultural practices offers several advantages for a province that is a powerhouse for both green energy and fossil fuels already across sectors:

  • Enhanced Crop Yields: Studies have shown that crops grown under solar panels can experience increased yields due to reduced water evaporation and protection from extreme weather conditions.

  • Water Conservation: The shade provided by solar panels helps retain soil moisture, leading to a decrease in irrigation needs.

  • Diversified Income Streams: Farmers can generate additional revenue by selling renewable energy produced by the solar panels back to the grid.

  • Sustainable Land Use: Agrivoltaics allows for dual land use, enabling the production of both food and energy without the need for additional land.

These benefits are evident in various agrivoltaic projects across Alberta, where farmers are successfully combining crop cultivation with solar energy production amid a renewable energy surge that is creating thousands of jobs.

Challenges and Considerations

While agrivoltaics presents numerous benefits, there are challenges to consider as Alberta navigates challenges with solar expansion today across Alberta:

  • Initial Investment: The setup costs for agrivoltaic systems can be high, requiring significant capital investment.

  • System Maintenance: Regular maintenance is essential to ensure the efficiency of both the solar panels and the agricultural operations.

  • Climate Adaptability: Not all crops may thrive under the conditions created by solar panels, necessitating careful selection of suitable crops.

Addressing these challenges requires careful planning, research, and collaboration between farmers, researchers, and energy providers.

Future Prospects

The success of projects like Strathmore Solar and other agrivoltaic initiatives in Alberta indicates a promising future for this dual-use approach. As technology advances and research continues, agrivoltaics could play a pivotal role in enhancing food security, promoting sustainable farming practices, and contributing to Alberta's renewable energy goals. Ongoing projects and partnerships aim to refine agrivoltaic systems, making them more efficient and accessible to farmers across the province.

The integration of solar energy production with agriculture in Alberta is not just a trend but a transformative approach to sustainable farming. The Strathmore Solar project serves as a testament to the potential of agrivoltaics, demonstrating how innovation can lead to mutually beneficial outcomes for both the agricultural and energy sectors.

 

 

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The Netherlands Outpaces Canada in Solar Power Generation

Netherlands vs Canada Solar Power compares per capita capacity, renewable energy policies, photovoltaics adoption, rooftop installations, grid integration, and incentives like feed-in tariffs and BIPV, highlighting efficiency, costs, and public engagement.

 

Key Points

Concise comparison of per capita capacity, policies, technology, and engagement in Dutch and Canadian solar adoption.

✅ Dutch per capita PV capacity exceeds Canada's by wide margin.

✅ Strong incentives: net metering, feed-in tariffs, rooftop focus.

✅ Climate, grid density, and awareness drive higher yields.

 

When it comes to harnessing solar power, the Netherlands stands as a shining example of efficient and widespread adoption, far surpassing Canada in solar energy generation per capita. Despite Canada's vast landmass and abundance of sunlight, the Netherlands has managed to outpace its North American counterpart, which some experts call a solar power laggard in solar energy production. This article explores the factors behind the Netherlands' success in solar power generation and compares it to Canada's approach.

Solar Power Capacity and Policy Support

The Netherlands has rapidly expanded its solar power capacity in recent years, driven by a combination of favorable policies, technological advancements, and public support. According to recent data, the Netherlands boasts a significantly higher per capita solar power capacity compared to Canada, where demand for solar electricity lags relative to deployment in many regions, leveraging its smaller geographical size and dense population centers to maximize solar panel installations on rooftops and in urban areas.

In contrast, Canada's solar energy development has been slower, despite having vast areas of suitable land for solar farms. Challenges such as regulatory hurdles, varying provincial policies, and the high initial costs of solar installations have contributed to a more gradual adoption of solar power across the country. However, provinces like Ontario have seen significant growth in solar installations due to supportive government incentives and favorable feed-in tariff programs, though growth projections were scaled back after Ontario scrapped a key program.

Innovation and Technological Advancements

The Netherlands has also benefited from ongoing innovations in solar technology and efficiency improvements. Dutch companies and research institutions have been at the forefront of developing new solar panel technologies, improving efficiency rates, and exploring innovative applications such as building-integrated photovoltaics (BIPV). These advancements have helped drive down the cost of solar energy and increase its competitiveness with traditional fossil fuels.

In contrast, while Canada has made strides in solar technology research and development, commercialization and widespread adoption have been more restrained due to factors like market fragmentation and the country's reliance on other energy sources such as hydroelectricity.

Public Awareness and Community Engagement

Public awareness and community engagement play a crucial role in the Netherlands' success in solar power adoption. The Dutch government has actively promoted renewable energy through public campaigns, educational programs, and financial incentives for homeowners and businesses to install solar panels. This proactive approach has fostered a culture of energy conservation and sustainability among the Dutch population.

In Canada, while there is growing public support for renewable energy, varying levels of awareness and engagement across different provinces have impacted the pace of solar energy adoption. Provinces like British Columbia and Alberta have seen increasing interest in solar power, driven by environmental concerns, technological advancements, and economic benefits, as the country is set to hit 5 GW of installed capacity in the near term.

Climate and Geographic Considerations

Climate and geographic considerations also influence the disparity in solar power generation between the Netherlands and Canada. The Netherlands, despite its northern latitude, benefits from relatively mild winters and a higher average annual sunlight exposure compared to most regions of Canada. This favorable climate has facilitated higher solar energy yields and made solar power a more viable option for electricity generation.

In contrast, Canada's diverse climate and geography present unique challenges for solar energy deployment. Northern regions experience extended periods of darkness during winter months, limiting the effectiveness of solar panels in those areas. Despite these challenges, advancements in energy storage technologies and hybrid solar-diesel systems are making solar power increasingly feasible in remote and off-grid communities across Canada, even as Alberta faces expansion challenges related to grid integration and policy.

Future Prospects and Challenges

Looking ahead, both the Netherlands and Canada face opportunities and challenges in expanding their respective solar power capacities. In the Netherlands, continued investments in solar technology, grid infrastructure upgrades, and policy support will be crucial for maintaining momentum in renewable energy development.

In Canada, enhancing regulatory consistency, scaling up solar installations in urban and rural areas, and leveraging emerging technologies will be essential for narrowing the gap with global leaders in solar energy generation and for seizing opportunities in the global electricity market as the energy transition accelerates.

In conclusion, while the Netherlands currently generates more solar power per capita than Canada, with the Prairie Provinces poised to lead growth in the Canadian market, both countries have unique strengths and challenges in their pursuit of a sustainable energy future. By learning from each other's successes and leveraging technological advancements, both nations can further accelerate the adoption of solar power and contribute to global efforts to combat climate change.

 

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Advanced Reactors Will Stand On The Shoulders Of Giants

Advanced Nuclear Reactors redefine nuclear energy with SMRs, diverse fuels, passive safety, digital control rooms, and flexible heat and power, pairing veteran operator expertise with cost-efficient, carbon-free electricity for a resilient grid.

 

Key Points

SMR-based advanced reactors with passive cooling and digital controls deliver flexible power and process heat.

✅ Veteran operators transfer proven safety culture and risk management.

✅ SMRs, passive safety, and digital controls simplify operations.

✅ Flexible output: electricity, process heat, and grid support.

 

Advanced reactors will break the mold of what we think next-gen nuclear power can accomplish: some will be smaller, some will use different kinds of fuel and others will do more than just make electricity. This new technology may seem like uncharted waters, but when operators, technicians and other workers start up the first reactors of the new generation, they will bring with them years of nuclear experience to run machines that have been optimized with lessons from the current fleet.

While advanced reactors are often portrayed as the future of nuclear energy, and atomic energy is heating up across markets, its our current plants that have paved the way for these exciting innovations and which will be workhorses for years to come.

 

Reactor Veterans Bring Their Expertise to New Designs

Many of the workers who will operate the next generation of reactors come from a nuclear background. Even though the design of an advanced reactor may be different, the experience and instincts these operators have gained from working at the current fleet will help new plants get off to a more productive start.

They have a questioning attitude; they are always exploring what could go wrong and always understanding the notion of risk management in nuclear operations, whether its the oldest design or the newest design, said Chip Pardee, the president of Terrestrial Energy USA, who is the former chief operating officer at two nuclear utilities, Exelon Corp. and the Tennessee Valley Authority.

They have respect for the technology and a bias towards conservative decision-making.

Jhansi Kandasamy, vice president of engineering at GE Hitachi Nuclear Energy, agrees. She said that the presence of industry veterans will benefit the new modelslike the 300 megawatt boiling water reactor her company is developing.

From the beginning, a new reactor will have people who have touched it, worked on it, and experienced it, she said.

Theyre going to be able to tell you if something doesnt look right, because theyve lived through it.

 

Experience Informs New Reactor Design

Advanced reactors are designed by engineers who are fully familiar with existing plants and can use that experience to optimize the new ones, like a family building a house and wanting the kitchen just so. New reactors will be simpler to operate because of insights gained from years of operations of the current fleet, and some designs even integrate molten salt energy storage to enhance flexibility.

NuScale Power LLC, for example, has a very different design from the current fleet amid an advanced nuclear push that is reshaping development: up to 12 small reactorsinstead of one or two large reactorsmanaged from a single digital control roominstead of one full of analog switches and dials. When the company designed its control room, it brought in industry veterans who had collectively worked at more than two dozen nuclear plants.

The experts that NuScale brought in critiqued everything, even down to the shape of the symbols on the computer screens to make them easier to read for operators who sometimes need to quickly interpret lots of incoming data. The control panels for NuScales small modular reactor (SMR) present information according to its importance and automatically call up appropriate procedures for operators.

Many advanced reactors are also smaller than those currently operating, which makes their components simpler and less expensive. Kandasamy pointed out that the giant mechanical pumps in todays reactors generate a lot of heat and require a lot of supporting systems, including air conditioning in the rooms that house them.

GE Hitachis SMR design relies more on passive cooling so it needs fewer pumps, and those that remain use magnets, so they generate less heat. Fewer, smaller pumps means a smaller building and less cost.

 

Advanced Nuclear Will Further the Work of Current Reactors

Advanced reactors promise improved flexibility and the ability to do more kinds of work, including nuclear beyond electricity applications, to displace carbon and stabilize the climate. And they will continue nuclear energys legacy of providing reliable, carbon-free electricity, as a recent new U.S. reactor startup illustrates in practice. As new designs come on line over the next decade, we will continue to rely on operating plants which provide nearly 55 percent of the countrys carbon-free electricity.

The world will need all the carbon-free generation it can get for many years to come, as companies, states and countries aim for zero emissions by mid-century and pursue strategies like the green industrial revolution to accelerate deployment. That means it will need wind, solar, advanced reactors and current plants.

 

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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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