Appeal to lower bills loses

By Knight Ridder Tribune


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A campaign that was aimed at lowering people's electric bills has lost its case before the Filipino Court of Appeals.

The court has junked the petition of Senator Juan Ponce Enrile, Bishop Teodoro Bacani and 39 other petitioners questioning the constitutionality of the collection of the National Power Corp. (Napocor) and of the Manila Electric Co. (Meralco) of the controversial power purchase adjustment (PPA) and power purchase cost adjustment (PPCA). Both are additional rates imposed based on the power consumed by households, and added to their respective electric billings.

In a four-page resolution, the Court of Appeals dismissed the petition of Enrile and the other petitioners because of a technicality. The appellate court ruled that the petitioners failed to comply with its resolution dated July 20, mandating both parties to file their manifestation if there are supervening events that would render the case moot and academic.

The court also pointed out that Enrile and the other petitioners have shown lack of interest in the case in line with provisions in the Rules of Court. The decision was penned by Associate Justice Ramon Garcia.

Other appellate justices who concurred in the ruling are magistrates Josefina Guevara-Salonga and Vicente Roxas.

In its July 20 resolution, the Court of Appeals warned that the petitioners' failure to file their manifestation would be ground for the case's dismissal.

Enrile, Bacani, Linda Montayre, Herman Tiu Laurel and several other personalities filed their petition for certiorari with prayer for a temporary restraining order and/or writ of preliminary injunction on June 11, 2002, before Pasig Regional Trial Court Judge Alfredo Flores assailing the constitutionality of section 34 of Republic Act 9136, or the "Electric Power Industry Reform Act (EPIRA) Law."

The petitioners wished to enjoin Napocor and Meralco from imposing and collecting the power purchase adjustment and power purchase cost adjustment.

Judge Flores junked the petition on June 21, 2002, and the subsequent motion for reconsideration on October 3, 2002. The petitioners elevated the case with the Court of Appeals, which was assigned to then-Presiding Justice Ruben Reyes. The case was unloaded by Reyes when he was promoted to the Supreme Court. It was later raffled off to Justice Garcia.

In the Court of Appeals, Napocor asked for the dismissal of the case since supervening events had set in since "the subject PPA and PPCA charges are no longer included in the rate structures being charged by respondent Napocor to its customers, including respondent Meralco."

Napocor also argued that "there is in place a generation rate adjustment mechanism (GRAM) and incremental currency exchange rate adjustment (ICERA), which replaced PPCA and FOREX bundled rates. The implementation of these cost adjustments (is) subject t regulatory process, such as public hearings, before their approval by the (ERB)."

Meralco also prayed for the junking of the case since the power costs are now computed based on the guidelines for the automatic adjustment of generations rates and system loss rates of distribution utilities (AGRA) adopted by the Energy Regulatory Commission.

Adjusting the power rates is part of Meralco's mandate, while the validity of the power purchase adjustment as a special power rate has been upheld by the Supreme Court since 1986.

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Cancelling Ontario's wind project could cost over $100M, company warns

White Pines Project cancellation highlights Ontario's wind farm contract dispute in Prince Edward County, involving IESO approvals, Progressive Conservatives' legislation, potential court action, and costs to ratepayers amid green energy policy shifts.

 

Key Points

The termination effort for Ontario's White Pines wind farm contract, triggering legal, legislative, and cost disputes.

✅ Contract with IESO dates to 2009; final approval during election

✅ PCs seek legislation insulating taxpayers from litigation

✅ Cancellation could exceed $100M; cost impact on ratepayers

 

Cancelling an eastern Ontario green energy project that has been under development for nearly a decade could cost more than $100 million, the president of the company said Wednesday, warning that the dispute could be headed to the courts.

Ontario's governing Progressive Conservatives said this week that one of their first priorities during the legislature's summer sitting would be to cancel the contract for the White Pines Project in Prince Edward County.

Ian MacRae, president of WPD Canada, the company behind the project, said he was stunned by the news given that the project is weeks away from completion.

"What our lawyers are telling us is we have a completely valid contract that we've had since 2009 with the (Independent Electricity System Operator). ... There's no good reason for the government to breach that contract," he said.

The government has also not reached out to discuss the cancellation, he said. Meanwhile, construction on the site is in full swing, he said.

"Over the last couple weeks we've had an average of 100 people on site every day," he said. "The footprint of the project is 100 per cent in. So, all the access roads, the concrete for the base foundations, much of the electrical infrastructure. The sub-station is nearing completion."

The project includes nine wind turbines meant to produce enough electricity to power just over 3,000 homes annually, even as Ontario looks to build on an electricity deal with Quebec for additional supply. All of the turbines are expected to be installed over the next three weeks, with testing scheduled for the following month.

MacRae couldn't say for certain who would have to pay for the cancellation, electricity ratepayers or taxpayers.

"Somehow that money would come from IESO and it would be my assumption that would end up somehow on the ratepayers, despite legislation to lower electricity rates now in place," he said. "We just need to see what the government has in mind and who will foot the bill."

Progressive Conservative house leader Todd Smith, who represents the riding where the project is being built, said the legislation to cancel the project will also insulate taxpayers from domestic litigation over the dismantling of green energy projects.

"This is something that the people of Prince Edward County have been fighting ... for seven years," he said. "This shouldn't have come as a surprise to anybody that this was at the top of the agenda for the incoming government, which has also eyed energy independence in recent decisions."

Smith questioned why Ontario's Independent Electricity System Operator gave the final approval for the project during the spring election campaign.

"There's a lot of questions about how this ever got greenlighted in the first place," he said. "This project was granted its notice to proceed two days into the election campaign ... when (the IESO) should have been in the caretaker mode."

Terry Young, the IESO's vice president of policy, engagement and innovation, said the agency could not comment because of the pending introduction of legislation to cancel the deal, following a recent auditor-regulator dispute that drew attention to oversight.

NDP Leader Andrea Horwath said the new Tory government is behaving like the previous Liberal government by cancelling energy projects and tearing up contracts amid ongoing debates over Ontario's hydro mess and affordability. She likened the Tory plan to the Liberal gas plant scandal that saw the government relocate two plants at a substantial cost to taxpayers.

 

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Ontario Sets Electricity Rates at Off-Peak Price until February 7

Ontario Off-Peak Electricity Rate offers 8.2 cents per kWh for 24 hours, supporting Time-of-Use and Tiered Regulated Price Plan customers, including residential, small business, and farms, under Ontario Energy Board guidelines during temporary relief.

 

Key Points

A temporary 8.2 cents per kWh all-day price for RPP customers, covering TOU and Tiered users across Ontario.

✅ Applies 24 hours daily at 8.2 cents per kWh for 21 days

✅ Covers residential, small business, and farm RPP customers

✅ Valid for TOU and Tiered plans set by the Ontario Energy Board

 

 The Ontario government has announced electricity relief with electricity prices set at the off-peak price of 8.2 cents per kilowatt-hour, 24 hours per day for 21 days starting January 18, 2022, until the end of day February 7, 2022, for all Regulated Price Plan customers. The off-peak rate will apply automatically to residential, small businesses and farms who pay Time-of-Use or Tiered prices set by the Ontario Energy Board.

This rate relief includes extended off-peak rates to support small businesses, as well as workers and families spending more time at home while the province is in Modified Step Two of the Roadmap to Reopen.

As part of our mandate, we set the rates that your utility charges for the electricity you use in your home or small business. These rates appear on the Electricity line of your bill, and we administer protections such as disconnection moratoriums for residential customers. We also set the Delivery rates that cover the cost to deliver electricity to most residential and small business customers.

 

Types of electricity rates

For residential and small business customers that buy electricity from their utility, there are two different types of rates (also called prices here), and Ontario also provides stable electricity pricing for larger users. The Ontario Energy Board sets both once a year on November 1:

Time-of-Use (TOU)

With TOU prices, the price depends on when you use electricity, including options like ultra-low overnight pricing that encourage off-peak use.

There are three TOU price periods:

  • Off-peak, when demand for electricity is lowest and new offerings like the Ultra-Low Overnight plan can encourage shifting usage. Ontario households use most of their electricity – nearly two thirds of it – during off-peak hours.
  • Mid-peak, when demand for electricity is moderate. These periods are during the daytime, but not the busiest times of day, and utilities like BC Hydro are exploring similar TOU structures as well.
  • On-peak, when demand for electricity is generally higher. These are the busier times of day – generally when people are cooking, starting up their computers and running heaters or air conditioners.

 

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Energy storage poised to tackle grid challenges from rising EVs as mobile chargers bring new flexibility

EV Charging Grid Readiness addresses how rising EV adoption, larger batteries, and fast charging affect electric utilities, using vehicle-to-grid, energy storage, mobile and temporary chargers, and smart charging to mitigate distribution stress.

 

Key Points

Planning and tech to manage EV load growth with V2G, storage and smart charging to avoid overloads on distribution grids.

✅ Lithium-ion costs may drop 60%, enabling new charger models

✅ Mobile and temporary chargers buffer local distribution peaks

✅ Smart charging and V2G defer transformer and feeder upgrades

 

The impacts of COVID-19 likely mean flat electric vehicle (EV) sales this year, but a trio of new reports say the long-term outlook is for strong growth — which means the electric grid and especially state power grids will need to respond.

As EV adoption grows, newer vehicles will put greater stress on the electric grid due to their larger batteries and capacity for faster charging, according to Rhombus Energy Solutions, while a DOE lab finds US electricity demand could rise 38% as EV adoption scales. A new white paper from the company predicts the cost of lithium-ion batteries will drop by 60% over the next decade, helping enable a new set of charging solutions.

Meanwhile, mobile and temporary EV charging will grow from 0.5% to 2% of the charging market by 2030, according to new Guidehouse research. The overall charging market is expected to reach reach almost $16 billion in revenues in 2020 and more than $60 billion by 2030. ​A third report finds long-range EVs are growing their share of the market as well, and charging them could cause stress to electric distribution systems. 

"One can expect that the number of EVs in fleets will grow very rapidly over the next ten years," according to Rhombus' report. But that means many fleet staging areas will have trouble securing sufficient charging capacity as electric truck fleets scale up.

"Given the amount of time it takes to add new megawatt-level power feeds in most cities (think years), fleet EVs will run into a significant 'power crisis' by 2030," according to Rhombus.

"Grid power availability will become a significant problem for fleets as they increase the number of electric vehicles they operate," Rhombus CEO Rick Sander said in a statement. "Integrating energy storage with vehicle-to-grid capable chargers and smart [energy management system] solutions as seen in California grid stability efforts is a quick and effective mitigation strategy for this issue."

Along with energy storage, Guidehouse says a new, more flexible approach to charger deployment enabled by grid coordination strategies will help meet demand. That means chargers deployed by a van or other mobile stations, and "temporary" chargers that can help fleets expand capacity. 

According to Guidehouse, the temporary units "are well positioned to de-risk large investments in stationary charging infrastructure" while also providing charge point networks and service providers "with new capabilities to flexibly supply predictable changes in EV transportation behaviors and demand surges."

"Mobile charging is a bit of a new area in the EV charging scene. It primarily leverages batteries to make chargers mobile, but it doesn't necessarily have to," Guidehouse Senior Research Analyst Scott Shepard told Utility Dive. 

"The biggest opportunity is with the temporary charging format," said Shepard. "The bigger units are meant to be located at a certain site for a period of time. Those units are interesting because they create a little more scale-ability for sites and a little risk mitigation when it comes to investing in a site."

"Utilities could use temporary chargers as a way to provide more resilient service, using these chargers in line with on-site generation," Shepard said.

Increasing rates of EV adoption, combined with advances in battery size and charging rates, "will impact electric utility distribution infrastructure at a higher rate than previously projected," according to new analysis from FleetCarma.

The charging company conducted a study of over 3,900 EVs, illustrating the rapid change in vehicle capabilities in just the last five years. According to FleetCarma, today's EVs use twice as much energy and draw it at twice the power level. The long-range EV has increased as a proportion of new electric vehicle sales from 14% in 2014 to 66% in 2019 in the United States, it found.

Long-range EVs "are very different from older electric vehicles: they are driven more, they consume more energy, they draw power at a higher level and they are less predictable," according to FleetCarma.

Guidehouse analysts say grid modernization efforts and energy storage can help smooth the impacts of charging larger vehicles. 

Mobile and temporary charging solutions can act as a "buffer" to the distribution grid, according to Guidehouse's report, allowing utilities to avoid or defer some transmission and distribution upgrade costs that could be required due to stress on the grid from newer vehicles.

"At a high level, there's enough power and energy to supply EVs with proper management in place," said Shepard. "And in a lot of different locations, those charging deployments will be built in a way that protects the grid. Public fast charging, large commercial sites, they're going to have the right infrastructure embedded."

"But for certain areas of the grid where there is low visibility, there is the potential for grid disruption and questions about whether the UK grid can cope with EV demand," said Shepard. "This has been on the mind of utilities but never realized: overwhelming residential transformers."

As EVs with higher charging and energy capacities are connected to the grid, Shepard said, "you are going to start to see some of those residential systems come under pressure, and probably see increased incidences of having to upgrade transformers." Some residential upgrades can be deferred through smarter charging programs, he added.

 

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When did BC Hydro really know about Site C dam stability issues? Utilities watchdog wants to know

BC Utilities Commission Site C Dam Questions press BC Hydro on geotechnical risks, stability issues, cost overruns, oversight gaps, seeking transparency for ratepayers and clarity on contracts, mitigation, and the powerhouse and spillway foundations.

 

Key Points

Inquiry seeking explanations from BC Hydro on geotechnical risks, costs, timelines and oversight for Site C.

✅ Timeline of studies, monitoring, and mitigation actions

✅ Rationale for contracts, costs, and right bank construction

✅ Implications for ratepayers, oversight, and project stability

 

The watchdog B.C. Utilities Commission has sent BC Hydro 70 questions about the troubled Site C dam, asking when geotechnical risks were first identified and when the project’s assurance board was first made aware of potential issues related to the dam’s stability. 

“I think they’ve come to the conclusion — but they don’t say it — that there’s been a cover-up by BC Hydro and by the government of British Columbia,” former BC Hydro CEO Marc Eliesen told The Narwhal. 

On Oct. 21, The Narwhal reported that two top B.C. civil servants, including the senior bureaucrat who prepares Site C dam documents for cabinet, knew in May 2019 that the project faced serious geotechnical problems due to its “weak foundation” and the stability of the dam was “a significant risk.” 

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“They [the civil servants] would have reported to their ministers and to the government in general,” said Eliesen, who is among 18 prominent Canadians calling for a halt to Site C work until an independent team of experts can determine if the geotechnical problems can be resolved and at what cost.  

“It’s disingenuous for Premier [John] Horgan to try to suggest, ‘Well, I just found out about it recently.’ If that’s the case, he should fire the public servants who are representing the province.” 

The public only found out about significant issues with the Site C dam at the end of July, when BC Hydro released overdue reports saying the project faces unknown cost overruns, schedule delays and, even as it achieved a transmission line milestone earlier, such profound geotechnical troubles that its overall health is classified as ‘red,’ meaning it is in serious trouble. 

“The geotechnical challenges have been there all these years.”

The Site C dam is the largest publicly funded infrastructure project in B.C.’s history. If completed, it will flood 128 kilometres of the Peace River and its tributaries, forcing families from their homes and destroying Indigenous gravesites, hundreds of protected archeological sites, some of Canada’s best farmland and habitat for more than 100 species vulnerable to extinction.

Eliesen said geotechnical risks were a key reason BC Hydro’s board of directors rejected the project in the early 1990s, when he was at the helm of BC Hydro.

“The geotechnical challenges have been there all these years,” said Eliesen, who is also the former Chair and CEO of Ontario Hydro, where Ontario First Nations have urged intervention on a critical electricity line, the former Chair of Manitoba Hydro and the former Chair and CEO of the Manitoba Energy Authority.

Elsewhere, a Manitoba Hydro line to Minnesota has faced potential delays, highlighting broader grid planning challenges.

The B.C. Utilities Commission is an independent watchdog that makes sure ratepayers — including BC Hydro customers — receive safe and reliable energy services, as utilities adapt to climate change risks, “at fair rates.”

The commission’s questions to BC Hydro include 14 about the “foundational enhancements” BC Hydro now says are necessary to shore up the Site C dam, powerhouse and spillways. 

The commission is asking BC Hydro to provide a timeline and overview of all geotechnical engineering studies and monitoring activities for the powerhouse, spillway and dam core areas, and to explain what specific risk management and mitigation practices were put into effect once risks were identified.

The commission also wants to know why construction activities continued on the right bank of the Peace River, where the powerhouse would be located, “after geotechnical risks materialized.” 

It’s asking if geotechnical risks played a role in BC Hydro’s decision in March “to suspend or not resume work” on any components of the generating station and spillways.

The commission also wants BC Hydro to provide an itemized breakdown of a $690 million increase in the main civil works contract — held by Spain’s Acciona S.A. and the South Korean multinational conglomerate Samsung C&T Corp. — and to explain the rationale for awarding a no-bid contract to an unnamed First Nation and if other parties were made aware of that contract. 

Peace River Jewels of the Peace Site C The Narwhal
Islands in the Peace River, known as the ‘jewels of the Peace’ will be destroyed for fill for the Site C dam or will be submerged underwater by the dam’s reservoir, a loss that opponents are sharing with northerners in community discussions. Photo: Byron Dueck

B.C. Utilities Commission chair and CEO David Morton said it’s not the first time the commission has requested additional information after receiving BC Hydro’s quarterly progress reports on the Site C dam. 

“Our staff reads them to make sure they understand them and if there’s anything in then that’s not clear we go then we do go through this, we call it the IR — information request — process,” Morton said in an interview.

“There are things reported in here that we felt required a little more clarity, and we needed a little more understanding of them, so that’s why we asked the questions.”

The questions were sent to BC Hydro on Oct. 23, the day before the provincial election, but Morton said the commission is extraordinarily busy this year and that’s just a coincidence. 

“Our resources are fairly strained. It would have been nice if it could have been done faster, it would be nice if everything could be done faster.” 

“These questions are not politically motivated,” Morton said. “They’re not political questions. There’s no reason not to issue them when they’re ready.”

The commission has asked BC Hydro to respond by Nov. 19.

Read more: Top B.C. government officials knew Site C dam was in serious trouble over a year ago: FOI docs

Morton said the independent commission’s jurisdiction is limited because the B.C. government removed it from oversight of the project. 

The commission, which would normally determine if a large dam like the Site C project is in the public’s financial interest, first examined BC Hydro’s proposal to build the dam in the early 1980s.

After almost two years of hearings, including testimony under oath, the commission concluded B.C. did not need the electricity. It found the Site C dam would have negative social and environmental impacts and said geothermal power should be investigated to meet future energy needs. 

The project was revived in 2010 by the BC Liberal government, which touted energy from the Site C dam as a potential source of electricity for California and a way to supply B.C.’s future LNG industry with cheap power.

Not willing to countenance another rejection from the utilities commission, the government changed the law, stripping the commission of oversight for the project. The NDP government, which came to power in 2017, chose not to restore that oversight.

“The approval of the project was exempt from our oversight,” Morton said. “We can’t come along and say ‘there’s something we don’t like about what you’re doing, we’re going to stop construction.’ We’re not in that position and that’s not the focus of these questions.” 

But the commission still retains oversight for the cost of construction once the project is complete, Morton said. 

“The cost of construction has to be recovered in [hydro] rates. That means BC Hydro will need our approval to recover their construction cost in rates, and those are not insignificant amounts, more than $10.7 billion, in all likelihood.” 

In order to recover the cost from ratepayers, the commission needs to be satisfied BC Hydro didn’t spend more money than necessary on the project, Morton said. 

“As you can imagine, that’s not a straight forward review to do after the fact, after a 10-year construction project or whatever it ends up being … so we’re using these quarterly reports as an opportunity to try to stay on top of it and to flag any areas where we think there may be areas we need to look into in the future.”

The price tag for the Site C dam was $10.7 billion before BC Hydro’s announcement at the end of July — a leap from $6.6 billion when the project was first announced in 2010 and $8.8 billion when construction began in 2015. 

Eliesen said the utilities commission should have been asking tough questions about the Site C dam far earlier. 

“They’ve been remiss in their due diligence activities … They should have been quicker in raising questions with BC Hydro, rather than allowing BC Hydro to be exceptionally late in submitting their reports.” 

BC Hydro is late in filing another Site C quarterly report, covering the period from April 1 to June 30. 

The quarterly reports provide the B.C. public with rare glimpses of a project that international hydro expert Harvey Elwin described as being more secretive than any hydro project he has encountered in five decades working on large dams around the world, including in China.

Read more: Site C dam secrecy ‘extraordinary’, international hydro construction expert tells court proceeding

Morton said the commission could have ordered regular reporting for the Site C project if it had its previous oversight capability.

“Then we would have had the ability to follow up and ultimately order any delinquent reports to be filed. In this circumstance, they are being filed voluntarily. They can file it as late as they choose. We don’t have any jurisdiction.” 

In addition to the six dozen questions, the commission has also filed confidential questions with BC Hydro. Morton said confidential information could include things such as competitive bid information. “BC Hydro itself may be under a confidentiality agreement not to disclose it.” 

With oversight, the commission would also have been able to drill down into specific project elements,  Morton said. 

“We would have wanted to ensure that the construction followed what was approved. BC Hydro wouldn’t have the ability to make significant changes to the design and nature of the project as they went along.”

BC Hydro has been criticized for changing the design of the Site C dam to an L-shape, which Eliesen said “has never been done anywhere in the world for an earthen dam.” 

Morton said an empowered commission could have opted to hold a public hearing about the design change and engage its own technical consultants, as it did in 2017 when the new NDP government asked it to conduct a fast-tracked review of the project’s economics. 

 

Construction Site C Dam
A recent report by a U.S. energy economist found cancelling the Site C dam project would save BC Hydro customers an initial $116 million a year, with increasing savings growing over time. Photo: Garth Lenz / The Narwhal

The commission’s final report found the dam could cost more than $12 billion, that BC Hydro had a historical pattern of overestimating energy demand and that the same amount of energy could be produced by a suite of renewables, including wind and proposed pumped storage such as the Meaford project, for $8.8 billion or less. 

The NDP government, under pressure from construction trade unions, opted to continue the project, refusing to disclose key financial information related to its decision. 

When the geotechnical problems were revealed in July, the government announced the appointment of former deputy finance minister Peter Milburn as a special Site C project advisor who will work with BC Hydro and the Site C project assurance board to examine the project and provide the government with independent advice.

Eliesen said BC Hydro and the B.C. government should never have allowed the recent diversion of the Peace River to take place given the tremendous geotechnical challenges the project faces and its unknown cost and schedule for completion. 

“It’s a disgrace and scandalous,” he said. “You can halt the river diversion, but you’ve got another four or five years left in construction of the dam. What are you going to do about all the cement you’ve poured if you’ve got stability problems?”

He said it’s counter-productive to continue with advice “from the same people who have been wrong, wrong, wrong,” without calling in independent global experts to examine the geotechnical problems. 

“If you stop construction, whether it takes three or six months, that’s the time that’s required in order to give yourself a comfort level. But continuing to do what you’ve been doing is not the right course. You should have to sit back.”

Eliesen said it reminded him of the Pete Seeger song Waist Deep in the Big Muddy, which tells the story of a captain ordering his troops to keep slogging through a river because they will soon be on dry ground. After the captain drowns, the troops turn around.

“It’s a reflection of the fact that if you don’t look at what’s new, you just keep on doing what you’ve been doing in the past and that, unfortunately, is what’s happening here in this province with this project.”

 

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Energy minister unveils Ontario's plan to address growing energy needs

Powering Ontario's Growth accelerates clean electricity, pairing solar, wind, and hydro with energy storage, efficiency investments, and new nuclear, including SMRs, to meet rising demand and net-zero goals while addressing supply planning across the province.

 

Key Points

Ontario's clean energy plan adds renewables, storage, efficiency, and nuclear to meet rising electricity demand.

✅ Over $1B for energy-efficiency programs through 2030+

✅ Largest clean power procurement in Canadian history

✅ Mix of solar, wind, hydro, storage, nuclear, and SMRs

 

Energy Minister Todd Smith has announced a new plan that outlines the actions the government is taking to address the province's growing demand for electricity.

The government is investing over a billion dollars in "energy-efficiency programs" through 2030 and beyond, Smith said in Windsor.

Experts at Ontario's Independent Electricity System recommended the planning start early to meet demand they predict will require the province to be able to generate 88,000 megawatts (MW) in 20 years.

"That means all of our current supply ... would need to double to meet the anticipated demand by 2050," he said during the announcement.

"While we may not need to start building today, government and those in the energy sector need to start planning immediately, so we have new clean, zero emissions projects ready to go when we need them."

The project is called Powering Ontario's Growth and will advance new clean energy generation from a number of sources, including solar, hydroelectric and wind.

He said this would be the biggest acquisition of clean energy in Canada's history.

Smith made the announcement at Hydro One's Keith Transmission Station.

He said the new planned procurement of green power will pair well with recent energy storage procurements, so that power generated by solar panels, for example, can be stored and injected into the system when needed.

NDP Opposition Leader Marit Stiles said Monday's announcement lacks specifics.

"It's light on details, including key questions of cost, climate impact, waste management and financial risk," said Stiles.

"Ford's Conservatives should be playing catch-up after undermining clean energy in their first term. Instead, they're offering generalities and a vague sense of what they might do."

The Green Party criticized the move Monday afternoon, noting that clean, affordable electricity remains a key Ontario election issue today.

"Ontario is facing an energy crunch – and the Ford government is making it worse by choosing more expensive, dirtier options," said MPP for Guelph Mike Schreiner in the statement.

He said Premier Doug Ford has "grossly" mismanaged the province's energy supply by cancelling 750 renewable energy projects and slashing efficiency programs.

"Now, faced with an opportunity to become a leader in a world that's rapidly embracing renewable energy, this government has chosen to funnel taxpayer dollars into polluting fossil gas plants and expensive new nuclear that will take decades to come online," said Schreiner.

Smith announced last week the plan for three more small modular reactors at the site of the Darlington nuclear power plant. The province also shared its intention to add a third nuclear generating station to Bruce Power near Kincardine. 

"With this backwards approach, the Ford government is squandering a once-in-a-generation opportunity to make Ontario a global leader in attracting investment dollars and creating better jobs in the trillion-dollar clean energy sector," said Schreiner.

 

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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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