New Electricity Act introduced in New Brunswick

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A new Electricity Act introduced in the legislative assembly will allow NB Power to operate more efficiently, increase transparency and continue to provide stable electricity rates.

The act, introduced by Energy and Mines Minister Craig Leonard, will re-integrate the NB Power group of companies into one main company and one subsidiary, as opposed to seven separate companies. Also, the New Brunswick System Operator and the New Brunswick Electric Finance Corporation will be amalgamated into the new, vertically-integrated Crown utility to be called New Brunswick Power Corporation.

The changes come following the release of the New Brunswick Energy Blueprint in late 2011, which set out a 10-year energy policy and 3-year energy action plan for the province. Key principles of the blueprint are low and stable energy prices, energy security, reliability of the electrical system, environmental responsibility, and effective regulation.

All five of these key principles are reflected in the new Electricity Act.

“We are pleased to move forward with the re-integration of NB Power,” said Leonard. “Not only does it make good business sense, but other changes we are bringing forward will help to strengthen the utility's management and board of directors, require greater transparency at the utility and allow NB Power to pay down debt and operate like a business.”

The entire NB Power organization will be subject to regulatory review and scrutiny by the New Brunswick Energy and Utilities Board EUB. Today only two of the seven NB Power companies are subject to review.

The new act will grant NB Power the exclusive right to sell electricity to customers in New Brunswick, with the exception of customers served by the municipal utilities in Edmundston, Perth-Andover and Saint John.

NB Power will also be granted the exclusive right to build new transmission lines in the province. However, it will be permitted to do so via partnerships or joint ventures with other companies in order to share project costs and risk.

As part of a series of new objectives outlined in the act, a merit-based process for recruiting and selecting candidates for NB Power's board of directors, as well as for the president and chief executive officer, will be introduced.

NB Power will no longer be permitted to increase rates up to three per cent with no hearing. Instead, the utility will be required to defend its rates before the EUB every year, regardless of the amount of increase.

The provincial government will no longer have the authority to override an EUB rate decision, giving the board final authority over electricity rates.

In addition, NB Power will be required to develop a long-term Integrated Resource Plan every three years, as well as a medium-term business plan annually with projections of electricity rates and capital expenditures over the 10 years covered by the plan.

The new act enshrines in legislation the government's policy objectives of permitting NB Power to achieve a capital structure of 20 percent equity by paying off $1 billion in debt requiring NB Power to operate its facilities in the most efficient manner possible and, to the extent practicable, maintaining electricity rates as low as possible and stable from year to year.

As a transitional measure, the act allows NB Power to increase electricity rates up to a maximum of two per cent on Oct. 1, 2013 and again on Oct. 1, 2014, if required, while the new re-integrated utility prepares for a number of regulatory matters with the EUB that result from the restructuring. Beginning in fiscal year 2015-16, rates will be set by the EUB every year.

Given the government's three-year rate freeze, which comes to an end on Sept. 30, the modest rate increases in 2013 and 2014 will help NB Power achieve the financial and debt reduction targets mandated by the government. This is intended to ensure the long-term financial health and sustainability of the Crown utility.

“After the three-year rate freeze we are pleased that NB Power is able to stay on track to meet its debt reduction target with reasonable increases of no more than two per cent per year over the next two years,” said Leonard. “NB Power has been able to reduce costs significantly while continuing to offer safe and reliable service to New Brunswickers.”

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Renewables Surpass Coal in India's Energy Capacity Shift

India Renewable Energy Surge 2024 signals coal's decline as solar and wind capacity soar, aided by policy incentives, grid upgrades, energy storage, and falling costs, accelerating decarbonization and clean power growth.

 

Key Points

Q1 2024 saw renewables outpace coal in new capacity, led by cheaper solar, wind, policy support, and storage.

✅ 71.5% of new Q1 capacity came from renewables

✅ Solar and wind expand on falling costs and faster permitting

✅ Grid integration needs storage, skills, and just transition

 

In a landmark shift for the world's second-most populous nation, coal has finally been dethroned as the king of India's energy supply. The first quarter of 2024 saw a historic surge in renewable energy capacity, particularly on-grid solar development across states, pushing its share of power generation past 71.5%. This remarkable feat marks a turning point in India's journey towards a cleaner and more sustainable energy future.

For decades, coal has been the backbone of India's power sector, fueling rapid economic growth but also leading to concerning levels of air pollution. However, a confluence of factors has driven this dramatic shift, even as coal generation surges create short-term fluctuations in the mix. Firstly, the cost of solar and wind power has plummeted in recent years, making them increasingly competitive with coal. Secondly, the Indian government has set ambitious renewable energy targets, aiming for 50% of cumulative power generation capacity from non-fossil fuel sources by 2030. Thirdly, growing public awareness about the environmental impact of coal has spurred a demand for cleaner alternatives.

This surge in renewables is not just about replacing coal. The first quarter of 2024 witnessed a record-breaking addition of 13,669 megawatts (MW) of power generation capacity, with renewables accounting for a staggering 71.5% of that figure, aligning with 30% global renewable electricity milestones seen worldwide. This rapid expansion is driven by factors like falling equipment costs, streamlined permitting processes, and attractive government incentives. Solar and wind energy are leading the charge, and in other major markets renewables are projected to reach one-fourth of U.S. generation in the near term, with large-scale solar farms and wind turbine installations dotting the Indian landscape.

The transition away from coal presents both opportunities and challenges. On the positive side, cleaner air will lead to significant health benefits for millions of Indians. Additionally, India can establish itself as a global leader in the renewable energy sector, attracting investments and creating new jobs, echoing how China's solar PV expansion reshaped markets in the previous decade. However, challenges remain. Integrating such a large amount of variable renewable energy sources like solar and wind into the grid requires robust energy storage solutions. Furthermore, millions of jobs in the coal sector need to be transitioned to new opportunities in the green economy.

Despite these challenges, India's move towards renewables is a significant development with global implications, as U.S. renewable electricity surpassed coal in 2022, underscoring broader momentum. It demonstrates the growing viability of clean energy solutions and paves the way for other developing nations to follow suit. India's success story can inspire a global shift towards a more sustainable energy future, one powered by the sun, wind, and other renewable resources.

Looking ahead, continued government support, technological advancements, and innovative financing mechanisms will be crucial for sustaining India's renewable energy momentum. The future of India's energy sector is undoubtedly bright, fueled by the clean and abundant power of the sun and the wind, as wind and solar surpassed coal in the U.S. in recent comparisons. The world will be watching closely to see if India can successfully navigate this energy transition, setting an example for other nations struggling to balance development with environmental responsibility.

 

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Electricity retailer Griddy's unusual plea to Texas customers: Leave now before you get a big bill

Texas wholesale electricity price spike disrupts ERCOT markets as Griddy and other retail energy providers face surge pricing; customers confront spot market exposure, fixed-rate plan switching, demand response appeals, and deep-freeze grid constraints across Texas.

 

Key Points

An extreme ERCOT market surge sending real-time rates to caps, exposing Griddy users and driving provider-switch pleas.

✅ Wholesale index plans pass through $9,000/MWh scarcity pricing.

✅ Retailers urge switching; some halt enrollments amid volatility.

✅ Demand response incentives and conservation pleas reduce load.

 

Some retail power companies in Texas are making an unusual plea to their customers amid a winter storm that has sent electricity prices skyrocketing: Please, leave us.

Power supplier, Griddy, told all 29,000 of its customers that they should switch to another provider as spot electricity prices soared to as high as $9,000 a megawatt-hour. Griddy’s customers are fully exposed to the real-time swings in wholesale power markets, so those who don’t leave soon will face extraordinarily high electricity bills.

“We made the unprecedented decision to tell our customers — whom we worked really hard to get — that they are better off in the near term with another provider,” said Michael Fallquist, chief executive officer of Griddy. “We want what’s right by our consumers, so we are encouraging them to leave. We believe that transparency and that honesty will bring them back” once prices return to normal.

Texas is home to the most competitive electricity market in America. Homeowners and businesses shopping for electricity churn power providers there like credit cards. In the face of such cutthroat competition, retail power providers in the region have grown accustomed to offering new customers incredibly low rates, incentives and, at least in Griddy’s case, unusual plans that allow customers to pay wholesale power prices as opposed to fixed ones.

The ruthless nature of the business has power traders speculating over which firms might have been caught short this week in the most dramatic run-up in spot power prices they’ve ever seen, and even talk of a market bailout has surfaced.

Not all companies are asking customers to leave. Others are just pleading for them to cut back to reduce blackout risks during extreme weather.

Pulse Power, based in The Woodlands, Texas, is offering customers a chance to win a Tesla Model 3, or free electricity for up to a year if they reduce their power usage by 10% in the coming days. Austin-based Bulb is offering $2 per kilowatts-hour, up to $200, for any energy customers save.

Griddy, however, is in a different position. Its service is simple — and controversial. Members pay a $9.99 monthly fee and then pay the cost of spot power traded on Texas’s power grid based on the time of day they use it. Earlier this month, that meant customers were saving money — and at times even getting paid — to use electricity at night. But in recent days, the cost of their power has soared from about 5 to 6 cents a kilowatt-hour to $1 or more. That’s when Fallquist knew it was time to urge his customers to leave.

“I can tell you it was probably one of the hardest decisions we’ve ever made,” he said. “Nobody ever wants to see customers go.”

Griddy isn’t the only one out there actively encouraging its customers to leave. People were posting similar pleas on Twitter over the holiday weekend from other Texas utilities and retail power providers offering everything from $100 rebates to waived cancellation fees as incentives to switch.

Customers may not even be able to switch. Rizwan Nabi, president of energy consultancy Riz Energy in Houston, said several power providers in Texas have told him they aren’t accepting new customers due to this week’s volatile prices, while grid improvements are debated statewide.

Hector Torres, an energy trader in Texas, who is a Griddy customer himself, said he tried to switch services over the long weekend but couldn’t find a company willing to take him until Wednesday, when the weather is forecast to turn warmer.

 

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Green hydrogen, green energy: inside Brazil's $5.4bn green hydrogen plant

Enegix Base One Green Hydrogen Plant will produce renewable hydrogen via electrolysis in Ceara, Brazil, leveraging 3.4 GW baseload renewables, offshore wind, and hydro to scale clean energy, storage, and export logistics.

 

Key Points

A $5.4bn Ceara, Brazil project to produce 600m kg of green hydrogen annually using 3.4 GW of baseload renewables.

✅ 3.4 GW baseload from hydro and offshore wind pipelines

✅ Targets 600m kg green hydrogen per year via electrolysis

✅ Focus on storage, transport, and export supply chains

 

In March, Enegix Energy announced some of the most ambitious hydrogen plans the world has ever seen. The company signed a memorandum of understanding (MOU) with the government of the Brazilian state of Ceará to build the world’s largest green hydrogen plant in the state on the country’s north-eastern coast, and the figures are staggering.

The Base One facility will produce more than 600 million kilograms of green hydrogen annually from 3.4GW of baseload renewable energy, and receive $5.4bn in investment to get the project off the ground and producing within four years.

Green hydrogen, hydrogen produced by electrolysis that is powered by renewables, has significant potential as a clean energy source. Already seeing increased usage in the transport sector, the power source boasts the energy efficiency and the environmental viability to be a cornerstone of the world’s energy mix.

Yet practical challenges have often derailed large-scale green hydrogen projects, from the inherent obstacle of requiring separate renewable power facilities to the logistical and technological challenges of storing and transporting hydrogen. Could vast investment, clever planning, and supportive governments and programs like the DOE’s hydrogen hubs initiative help Enegix to deliver on green hydrogen’s oft-touted potential?

Brazilian billions
The Base One project is exceptional not only for its huge scale, but the timing of its construction, with demand for hydrogen set to increase dramatically over the next few decades. Figures from Wood Mackenzie suggest that hydrogen could account for 1.4 billion tonnes of energy demand by 2050, one-tenth of the world’s supply, with green hydrogen set to be the majority of this figure.

Yet considering that, prior to the announcement of the Enegix project, global green hydrogen capacity was just 94MW, advances in offshore green hydrogen and the development of a project of this size and scope could scale up the role of green hydrogen by orders of magnitude.

“We really need to [advance clean energy] without any emissions on a completely clean, carbon neutral and net-zero framework, and so we needed access to a large amount of green energy projects,” explains Wesley Cooke, founder and CEO of Enegix, a goal aligned with analyses that zero-emissions electricity by 2035 is possible, discussing the motivation behind the vast project.

With these ambitious goals in mind, the company needed to find a region with a particular combination of political will and environmental traits to enable such a project to take off.


“When we looked at all of these key things: pipeline for renewables, access to water, cost of renewables, and appetite for renewables, Brazil really stood out to us,” Cooke continues. “The state of Ceará, that we’ve got an MOU with the government in at the moment, ticks all of these boxes.”

Ceará’s own clean energy plans align with Enegix’s, at least in terms of their ambition and desire for short-term development. Last October, the state announced that it plans to add 5GW of new offshore wind capacity in the next five years. With BI Energia alone providing $2.5bn in investment for its 1.2GW Camocim wind facility, there is significant financial muscle behind these lofty ambitions.

“One thing I should add is that Brazil is very blessed when it comes to baseload renewables,” says Cooke. “They have an incredibly high percentage of their country-wide energy that comes from renewable sources and a lot of this is in part due to the vast hydro schemes that they have for hydro dams. Not a lot of countries have that, and specifically when you’re trying to produce hydrogen, having access to vast amounts of renewables [is vital].”

Changing perceptions and tackling challenges
This combination of vast investment and integration with the existing renewable power infrastructure of Ceará could have cultural impacts too. The combination of state support for and private investment in clean energy offsets many of the narratives emerging from Brazil concerning its energy policies and environmental protections, even as debates over clean energy's trade-offs persist in Brazil and beyond, from the infamous Brumadinho disaster to widespread allegations of illegal deforestation and gold mining.

“I can’t speak for the whole of Brazil, but if we look at Ceará specifically, and even from what we’ve seen from a federal government standpoint, they have been talking about a hydrogen roadmap for Brazil for quite some time now,” says Cooke, highlighting the state’s long-standing support for green hydrogen. “I think we came in at the perfect time with a very solid plan for what we wanted to do, [and] we’ve had nothing but great cooperation, and even further than just cooperation, excitement around the MOU.”

This narrative shift could help overcome one of the key challenges facing many hydrogen projects, the idea that its practical difficulties render it fundamentally unsuitable for baseload power generation. By establishing a large-scale green hydrogen facility in a country that has recently struggled to present itself as one that is invested in renewables, the Base One facility could be the ultimate proof that such clean hydrogen projects are viable.

Nevertheless, practical challenges remain, as is the case with any energy project of this scale. Cooke mentions a number of solutions to two of the obstacles facing hydrogen production around the world: renewable energy storage and transportation of the material.

“We were looking at compressed hydrogen via specialised tankers [and] we were looking at liquefied hydrogen, [as] you have to get liquefied hydrogen very cool to around -253°, and you can use 30% to 40% of your total energy that you started with just to get it down to that temperature,” Cooke explains.

“The other aspect is that if you’re transporting this internationally, you really have to think about the supply chain. If you land in a country like Indonesia, that’s wonderful, but how do you get it from Indonesia to the customers that need it? What is the supply chain? What does that look like? Does it exist today?”

The future of green hydrogen
These practical challenges present something of a chicken and egg problem for the future of green hydrogen: considerable up-front investment is required for functions such as storage and transport, but the difficulties of these functions can scare off investors and make such investments uncommon.

Yet with the world’s environmental situation increasingly dire, more dramatic, and indeed risky, moves are needed to alter its energy mix, and Enegix is one company taking responsibility and accepting these risks.

“We need to have the renewables to match the dirty fuel types,” Cooke says. “This [investment] will really come from the decisions that are being made right now by large-scale companies, multi-billion-euro-per-year revenue companies, committing to building out large scale factories in Europe and Asia, to support PEM [hydrolysis].”

This idea of large-scale green hydrogen is also highly ambitious, considering the current state of the energy source. The International Renewable Energy Agency reports that around 95% of hydrogen comes from fossil fuels, so hydrogen has a long ways to go to clean up its own carbon footprint before going on to displace fossil fuel-driven industries.

Yet this displacement is exactly what Enegix is targeting. Cooke notes that the ultimate goal of Enegix is not simply to increase hydrogen production for use in a single industry, such as clean vehicles. Instead, the idea is to develop green hydrogen infrastructure to the point where it can replace coal and oil as a source of baseload power, leapfrogging other renewables to form the bedrock of the world’s future energy mix.

“The problem with [renewable] baseload is that they’re intermittent; the wind’s not always blowing and the sun’s not always shining and batteries are still very expensive, although that is changing. When you put those projects together and look at the levelised cost of energy, this creates a chasm, really, for baseload.

“And for us, this is really where we believe that hydrogen needs to be thought of in more detail and this is what we’re really evangelising about at the moment.”

A more hydrogen-reliant energy mix could also bring social benefits, with Cooke suggesting that the same traits that make hydrogen unwieldy in countries with established energy infrastructures could make hydrogen more practically viable in other parts of the world.

“When you look at emerging markets and developing markets at the moment, the power infrastructure in some cases can be quite messy,” Cooke says. “You’ve got the potential for either paying for the power or extending your transmission grid, but rarely being able to do both of those.

“I think being able to do that last mile piece, utilising liquid organic hydrogen carrier as an energy vector that’s very cost-effective, very scalable, non-toxic, and non-flammable; [you can] get that power where you need it.

“We believe hydrogen has the potential to be very cost-effective at scale, supporting a vision of cheap, abundant electricity over time, but also very modular and usable in many different use cases.”

 

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The Haves and Have-Nots of Electricity in California

California Public Safety Power Shutoffs highlight wildfire prevention as PG&E outages disrupt schools, businesses, and rural communities, driving generator use, economic hardship, and emergency preparedness across Northern California during high-wind events.

 

Key Points

Utility outages to reduce wildfire risk during extreme winds, impacting homes and businesses in high-risk California.

✅ PG&E cuts power during high winds to prevent wildfires

✅ Costs rise for generators, fuel, batteries, and spoiled food

✅ Rural, low-income communities face greater economic losses

 

The intentional blackout by California’s largest utility this week put Forest Jones out of work and his son out of school. On Friday morning Mr. Jones, a handyman and single father, sat in his apartment above a tattoo parlor waiting for the power to come back on and for school to reopen.

“I’ll probably lose $400 or $500 dollars because of this,” said Mr. Jones, who lives in the town of Paradise, which was razed by fire last year and is slowly rebuilding. “Things have been really tough up here.”

Millions of people were affected by the blackout, which spanned the outskirts of Silicon Valley to the forests of Humboldt County near the Oregon border. But the outage, which the power company said was necessary to reduce wildfire risk across the region, also drew a line between those who were merely inconvenienced and those who faced a major financial hardship.

To have the lights on, the television running and kitchen appliances humming is often taken for granted in America, even as U.S. grid during coronavirus questions persisted. During California’s blackout it became an economic privilege.

The economic impacts of the shut-off were especially acute in rural, northern towns like Paradise, where incomes are a fraction of those in the San Francisco Bay Area.

Both wealthy and poorer areas were affected by the blackout but interviews across the state suggested that being forced off the grid disproportionately hurt the less affluent. One family in Humboldt County said they had spent $150 on batteries and water alone during the shutdown.

“To be prepared costs money,” Sue Warhaftig, a massage therapist who lives in Mill Valley, a wealthy suburb across the Golden Gate Bridge from San Francisco. Ms. Warhaftig spent around two days without electricity but said she had been spared from significant sacrifices during the blackout.

She invested in a generator to keep the refrigerator running and to provide some light. She cooked in the family’s Volkswagen camper van in her driveway. At night she watched Netflix on her phone, which she was able to charge with the generator. Her husband, a businessman, is in London on a work trip. Her two sons, both grown, live in Southern California and Seattle.

“We were inconvenienced but life wasn’t interrupted,” Ms. Warhaftig said. “But so many people’s lives were.

Pacific Gas & Electric restored power to large sections of Northern California on Friday, including Paradise, where the electricity came back on in the afternoon. But hundreds of thousands of people in other areas remained in the dark. The carcasses of burned cars still littered the landscape around Paradise, where 86 people died in the Camp Fire last year, some of them while trying to escape.

Officials at power company said that by Saturday they hoped to have restored power to 98 percent of the customers who were affected.

The same dangerous winds that spurred the shut-off in Northern California have put firefighters to work in the south. The authorities in Los Angeles County ordered the evacuation of nearly 100,000 people on Friday as the Saddleridge Fire burned nearly 5,000 acres and destroyed 25 structures. The Sandalwood Fire, which ignited Thursday in Riverside County, had spread to more than 800 acres and destroyed 74 structures by Friday afternoon.

While this week’s outage was the first time many customers in Northern California experienced a deliberate power shut-off, residents in and around Paradise have had their power cut four times in recent months, residents say.

Many use a generator, but running one has become increasingly expensive with gasoline now at more than $4 a gallon in California.

On Friday, Dennis and Viola Timmer drove up the hill to their home in Magalia, a town adjacent to Paradise, loaded with $102 dollars of gasoline for their generators. It was their second gasoline run since the power went out Tuesday night.

The couple, retired and on a fixed income after Mr. Timmer’s time in the Navy and in construction, said the power outage had severely limited their ability to do essential tasks like cooking, or to leave the house.

“You know what it feels like? You’re in jail,” said Ms. Timmer, 72. “You can’t go anywhere with the generators running.”

Since the generators are not powerful enough to run heat or air conditioning, the couple slept in their den with an electric space heater.

“It’s really difficult because you don’t have a normal life,” Ms. Timmer said. “You’re trying to survive.”

To be sure, the shutdown has affected many people regardless of economic status, and similar disruptions abroad, like a London power outage that disrupted routines, show how widespread such challenges can be. The areas without power were as diverse as the wealthy suburbs of Silicon Valley, the old Gold Rush towns of the Sierra Nevada, the East Bay of San Francisco and the seaside city of Arcata.

Ms. Cahn’s cellphone ran out of power during the blackout and even when she managed to recharge it in her car cell service was spotty, as it was in many areas hit by the blackout.

Accustomed to staying warm at night with an electric blanket, Ms. Cahn slept under a stack of four blankets.

“I’m doing what I have to do which is not doing very much,” she said.

Further south in Marin City, Chanay Jackson stood surrounded by fumes from generators still powering parts of the city.

She said that food stamps were issued on the first of the month and that many residents who had to throw away food were out of luck.

“They’re not going to issue more food stamps just because the power went out,” Ms. Jackson said. “So they’re just screwed until next month.”

Strong winds have many times in the past caused power lines to come in contact with vegetation, igniting fires that are then propelled by the gusts, and hurricanes elsewhere have crippled infrastructure with Louisiana grid rebuild after Laura according to state officials. This was the case with the Camp Fire.

Since higher elevations had more extreme winds many of the neighborhoods where power was turned off this week were in hills and canyons, including in the Sierra Nevada.

The shut-off, which by one estimate affected a total of 2.5 million people, has come under strong criticism by residents and politicians, and warnings from Cal ISO about rolling blackouts as the power grid strained. The company’s website crashed just as customers sought information about the outage. Gov. Gavin Newsom called it unacceptable. But his comments were nuanced, criticizing the way the shut-off was handled, not the rationale for it. Mr. Newsom and others said the ravages of the Camp Fire demanded preventive action to prevent a reoccurrence.

Yet the calculus of trying to avoid deadly fires by shutting off power will continue to be debated as California enters its peak wildfire season, even as electricity reliability during COVID-19 was generally maintained for most consumers.

In the city of Grass Valley, Matthew Gottschalk said he and his wife realized that a generator was essential when they calculated that they had around $500 worth of food in their fridge.

“I don’t know what we would have done,” said Mr. Gottschalk, whose power went out Tuesday night.

His neighbors are filling coolers with ice. Everyone is hoping the power will come back on soon.

“Ice is going to run out and gas is going to run out,” he said.

 

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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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FPL stages massive response to Irma but power may not be back for days or weeks

FPL Power Restoration mobilizes Florida linemen and mutual-aid utility crews to repair the grid, track outages with smart meters, prioritize hospitals and essential services, and accelerate hurricane recovery across the state.

 

Key Points

FPL Power Restoration is the utility's hurricane effort to rebuild the grid and quickly restore service across Florida.

✅ 18,000 mutual-aid utility workers deployed from 28 states

✅ Smart meters pinpoint outages and accelerate repairs

✅ Critical facilities prioritized before neighborhood restorations

 

Teams of Florida Power & Light linemen, assisted by thousands of out-of-state utility workers and 200 Ontario workers who joined the effort, scrambled across Florida Monday to tackle the Herculean task of turning the lights back on in the Sunshine State.

The job is quite simply mind-boggling as Irma caused extensive damages to the power grid and the outages have broken previous records, and in other storms Louisiana's grid needed a complete rebuild after Hurricane Laura to restore service.

By 3 p.m. Monday, some 3.47 million of the company's 4.9 million customers in Florida were without power. This breaks the record of 3.24 million knocked off the grid during Hurricane Wilma in 2005, according to FPL spokesman Bill Orlove.

Prepared to face massive outages, FPL brought some 18,000 utility workers from 28 states here to join FPL crews, including Canadian power crews arriving to help restore service, to enable them to act more quickly.

“That’s the thing about the utility industry,” said  Alys Daly, an FPL spokeswoman. “It’s truly a family.”

Even with what is believed to be the largest assembly of utility workers ever assembled for a single storm in the United States, power restoration is expected to take weeks, not days in some areas.

FPL vowed to work as quickly as possible as they assess the damage and send out crews to restore power.

"We understand that people need to have power right away to get their lives back to normal," Daly said.

The priority, she said, were medical and emergency management facilities and then essential service providers like gas stations and grocery stores.

After that, FPL will endeavor to repair the problems that will restore power to the maximum number of people possible. Then it's individual neighborhoods.

As of 3 p.m. Monday, 219,040 of FPL's 307,600 customers on the Space Coast had no power. That's an improvement over the 260,600 earlier in the day.

Daly was unable to say Monday how many crews FPL had working in Brevard County. In some areas, power came back relatively swiftly, much quicker than expected.

" I was definitely surprised at how quickly they got our power back on here in NE Palm Bay," said Kelli Coats. "We lost power last night around 9 p.m Sunday and regained power around 8:30 a.m. today."

Others, many of them beachside, were looking at a full 24 hours without power and it's possible it could extend into Tuesday or longer.

One reason for improved response times since 2005, Daly said, is the installation of nearly 5 million "Smart Meters" at residences. These new devices, which replaced older analog models, allows FPL crews to track a neighborhood's power status via handheld computers, pinpointing the cause of an outage so it can be repaired.

Quick restoration is key as stores and restaurants struggle to re-open, and Gulf Power crews restored power in the early push. Without electricity many of them just can't re-start operations and get goods and services to consumers.

At the Atlanta-based Waffle House, which Federal Emergency Management Administration use to gauge the severity of damage and service to an area, restaurant executives are reviewing its operations in Florida and should have a better handle Monday afternoon how quickly restaurants will re-open.

"Right now, we're in an assessment phase," said Pat Warner, spokesman for Waffle House. "We're looking at which stores have power and which ones have damage."

FEMA's color-coded Waffle House Index started after the hurricanes in the early 2000s. It works like this: When an official phones a Waffle House to see if it is open,  the next stop is to assess it's level of service. If it's open and serving a full menu, the index is green. When the restaurant is open but serving a limited menu, it's yellow. When it's closed, it's red.

 

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