Little to be done about emissions

By Knight Ridder Tribune


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Kansas Department of Health and Environment Secretary Roderick Bremby says he wants to engage utilities in a discussion about reducing carbon dioxide emissions at their power plants.

It might be a short conversation. Representatives of utilities operating in Kansas say there is nothing they can do about their present CO2 emissions.

"There is no large-scale, proven technology to reduce carbon dioxide emissions," said Karla Olsen, a spokeswoman for Westar Energy Inc. Topeka-based Westar is Kansas' largest utility, and about 80 percent of its power is produced by coal-burning plants that emit millions of tons of carbon dioxide into the atmosphere every year.

CO2 is a greenhouse gas blamed for global climate change. In October, Bremby cited concerns with climate change when denying permits for two 700-megawatt coal-burning power plants in western Kansas.

Lawmakers angered over the decision have asked Bremby whether he intends to limit CO2 levels as other industries seek KDHE permits. Bremby said he won't set regulations on carbon dioxide emissions, but he will seek a plan to reduce emissions, possibly when utilities come in for renewal of operating permits.

"It's his goal to engage industry to come up with voluntary plans to reduce emissions, not just CO2, but all emissions," KDHE spokesman Joe Blubaugh said. But in recent testimony to a legislative committee, Westar's executive vice president Jim Ludwig said several "myths" exist about global warming - including that renewable power sources can replace the need for fossil fuel.

He said wind, solar, hydro or geothermal energy are not feasible replacements for baseload generation such as coal and nuclear power.

Craig Volland, of the Kansas chapter of the Sierra Club, agreed in part with Ludwig's assertion. "I think it will take some time to work out the carbon dioxide emissions coming from existing coal plants," Volland said.

But, he said, research on ways to capture the carbon dioxide soon might produce results. Combined with conservation, "we may be able, as time goes on, to shut down the oldest and least efficient plants," he said. And, he said, he believes wind energy might one day be a viable substitute for additional coal or nuclear energy.

Meanwhile, utilities must get their operating permits renewed every five years. One before KDHE is Westar's Jeffrey Energy Center near St. Marys, which the EPA says emits 18.1 million tons of CO2 every year - the most in the state.

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Electricity prices spike in Alberta

Alberta electricity price spike drives 25% CPI surge amid heatwave demand, coal-to-gas conversions, hydro shortfalls, and outages; consumers weigh fixed-rate plans, solar panels, home retrofits, and variable rates to manage bills and grid volatility.

 

Key Points

A recent 25% monthly rise in Alberta power prices driven by heatwave demand, constraints, outages, and fuel shifts.

✅ Heatwave pushed summer peak demand near record

✅ Coal-to-gas conversions and outages tightened supply

✅ Fixed-rate plans, solar, retrofits can reduce bill risk

 

Albertans might notice they are paying more when the next electricity bill comes in as bills on the rise in Calgary alongside provincial trends.

According to the consumer price index, Alberta saw its largest monthly increase since July 2015 as the price of electricity in Alberta rose 25 per cent amid rising electricity prices across the province.

“So I paid negative $70 last month. I actually made money. To supply power to the grid,” said Conrad Nobert, with Climate Action Edmonton.

Norbert is an environmental activist who favours solar power and is warning that prices will continue to go up along with the rising effects from climate change.

“My thoughts are that we can mitigate the price of power going up by taking climate action.”

Alberta experienced one of the hottest summers on record and many people were left scrambling to buy air conditioners.

That demand, along with a number of other factors, drove up prices, prompting some households to lock in rates for protection, says an assistant professor at the University of Calgary who teaches electricity systems.

“At the end of June, during the heatwave, we were a couple megawatts shy of setting an all-time record demand for electricity in the province. That would have been the first time that record for demand in the summer. Traditionally Alberta is a winter peaking province, as shown by an electricity usage record during a deep freeze not long ago,” explained Sara Hastings Simon, an assistant professor at the University of Calgary.

Other reasons for the spike: Alberta’s continuing shift from coal to natural-gas-fired power and changes to electricity production and pricing across the market.

There are a few ways consumers can save money on their power bill; installing solar panels and retrofitting your home to opting for a fixed-rate plan, or considering protections like a consumer price cap where applicable.

“So by default, people are put into a variable rate plan, that changes month to month and that helps to manage prices so you don’t get that big surprise at where prices might be. I think we will get a lot more people looking at that option.”

A statement provided by Dale Nally, Alberta’s Associate Minister of natural gas and electricity, noted recent policy changes including the carbon tax repeal and price cap now in place that affect consumers, says in part:

“This period of high market prices is driven by low supplies of hydro-generated electricity from British Columbia and the pacific northwest, scheduled outages for coal-gas-conversions, unplanned infrastructure outages and unprecedented, and record-breaking high demand due to hot weather. We expect some of the factors that have caused recent increases in prices will be short-term.”

 

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Texas's new set of electricity regulators begins to take shape in wake of deep freeze, power outages

Texas PUC Appointments signal post-storm reform as Gov. Greg Abbott taps Peter Lake and advances Will McAdams for Senate confirmation, affecting ERCOT oversight, grid reliability, wholesale power pricing, and securitization for co-ops.

 

Key Points

Texas PUC appointments add Peter Lake and Will McAdams to steer ERCOT, grid reliability, and market policy.

✅ Peter Lake nominated chair to replace Arthur D'Andrea.

✅ Will McAdams advances toward Senate confirmation.

✅ Focus on ERCOT oversight, price cap debate, grid resilience.

 

A new set of Texas electricity regulators began to take shape Monday, as Gov. Greg Abbott nominated a finance expert to be the next chairman of the Public Utility Commission while his earlier choice of a PUC member moved toward Senate confirmation.

The Republican governor put forward Peter Lake of Austin, who has spent more than five years as an Abbott appointee to the Texas Water Development Board, as his second commission pick in as many weeks.

“I am confident he will bring a fresh perspective and trustworthy leadership to the PUC,” Abbott said of Lake, who once worked as a trader of futures and derivatives for a firm belonging to the Chicago Mercantile Exchange and more recently has eagerly promoted bonds for the State Water Implementation Fund for Texas.

“Peter’s expertise in the Texas energy industry and business management will make him an asset to the agency,” Abbott, who has touted grid readiness in recent months, said in a written statement. “I urge the Senate to swiftly confirm Peter’s appointment.”

On Monday, the Senate appeared to be moving quickly to confirm Abbott’s April 1 selection for the PUC, Will McAdams, president of Associated Builders and Contractors of Texas and a former legislative aide who helped write policy for regulated industries such as electricity.

McAdams was among the 129 nominees that the Senate Nominations Committee voted out, 8-0. His nomination heads now to the Senate floor.

All three of Abbott’s handpicked PUC commissioners who were in place before and during February’s calamitous winter storm have since quit or said they’re resigning, even as Sierra Club criticism of Abbott's demands intensified in the aftermath.

February’s polar vortex left in its wake physical and financial wreckage after a nonprofit grid operator answering to the PUC, amid calls for market reforms to avoid blackouts, shut off electricity to more than 4 million Texans, causing the deaths of at least 125 people, 13 of them in the Dallas-Fort Worth area.

Gov. Greg Abbott on Thursday named Will McAdams to the embattled Public Utility Commission of Texas. McAdams is a construction industry lobbyist with strong ties to the GOP-controlled Legislature. In Feb. 17 file photo, winter storm's snowfall andn large electrical transmission lines in South Arlington are pictured.

In a 45-minute confirmation hearing, McAdams, as lawmakers discussed ways to improve electricity reliability statewide, drew praise – and few tough questions.

McAdams, who previously worked for three GOP senators, testified that had he been on the commission in February, he would not have kept in place a controversial, $9,000-per-megawatt hour price cap on wholesale power for about 32 hours on Feb. 18-19.

“I don’t see myself making that decision,” he said.

McAdams, though, hedged slightly, saying he’s not privy to all information that the Electric Reliability Council of Texas, or ERCOT, and the PUC may have had at their disposal during the crisis.

The comments were notable because Lt. Gov. Dan Patrick and the Senate have fought with Abbott and the House over $16 billion in overcharges that, according to an independent market monitor, wrongly accrued near the end of the Feb. 15-19 outages.

Sen. Charles Schwertner, R-Georgetown, said the commission’s former chairwoman, DeAnn Walker, and Bill Magness, president of ERCOT, decided to hold the high cap in place because there “was still great concern about grid stability, even though there was significant reserves.”

He pressed McAdams to call that incorrect, which McAdams did.

“Given the fact pattern that I’m privy to, senator,” it wasn’t the right move, he said. “But again, there may be other facts out there. There probably are.”

McAdams acknowledged many homeowners and businesses were traumatized.

“The public’s confidence in the ability of the PUC to effectively regulate our electric markets has been badly damaged and shaken,” he said.

McAdams spoke favorably of renewable energy, calling wind and solar “absolutely valuable resources,” as the electricity sector faces profound change nationwide. To whatever extent those are not available, the PUC should “firm that up” with “dispatchable forms of generation,” such as gas, coal and nuclear, McAdams said.

He also called for lawmakers to consider providing electricity market bailout through “securitization,” or low-interest bond financing, to rural electric co-ops that were unable to pay the massive wholesale power bills they racked up during the February crisis.

“It would prevent those systems from having to front-load those costs onto their own members and smooth that out over a term of years,” while preventing an “uplift” of costs to other market participants who wisely hedged against soaring prices, McAdams said.

Noting that more than 400 bills have been filed to change ERCOT and how it’s governed, and as Texans prepare to vote on grid modernization funding this year, McAdams told the Senate panel, “It is clear to me that the Legislature wants meaningful changes to the status quo – to ensure that something positive comes out of this tragedy.”

Lake, who if confirmed by the Senate would replace Arthur D’Andrea as PUC chairman, grew up in Tyler. He attended prep school in New England and earned an undergraduate degree from the University of Chicago and a master of business administration degree from Stanford University.

He then worked for a commodities trading firm, a behavioral health company and as a business consultant before he became director of business development for Tyler-based Lake Ronel Oil Co. in 2014.

In late 2015, Abbott named Lake to the Texas Water Development Board and in February 2018 picked him to be the chairman of the three-member board that seeks to ensure water supplies for a fast-growing state.

Lake has steered the water board as it rolled out additional loans for water projects, approved by the Legislature and voters in 2013, and took the lead after Hurricane Harvey on flood control planning and infrastructure financing.

He’s posted exuberantly on Twitter as he toured agricultural water installations, lakes in West Texas and river authorities.

If confirmed, Lake and McAdams each would make $189,500 a year.

 

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Pennsylvania Home to the First 100% Solar, Marriott-Branded U.S. Hotel

Courtyard by Marriott Lancaster Solar Array delivers 100% renewable electricity via photovoltaic panels at Greenfield Corporate Center, Pennsylvania, a High Hotels and Marriott sustainability initiative reducing grid demand and selling excess power for efficient operations.

 

Key Points

A $1.5M PV installation powering the 133-room hotel with 100% renewable electricity in Greenfield Center, Lancaster.

✅ 2,700 PV panels generate 1,239,000 kWh annually

✅ First Marriott in the US with 100% solar electricity

✅ $504,900 CFA grant; excess power sold to the utility

 

High Hotels Ltd., a hotel developer and operator, recently announced it is installing a $1.5 million solar array that will generate 100% of the electrical power required to operate one of its existing hotels in Greenfield Corporate Center. The completed installation will make the 133-room Courtyard by Marriott-Lancaster the first Marriott-branded hotel in the United States with 100% of its electricity needs generated from solar power. It is also believed to be the first solar array in the country installed for the sole purpose of generating 100% of the electricity needs of a hotel, mirroring how other firms are commissioning their first solar power plant to meet sustainability goals.

“This is an exciting approach to addressing our energy needs that aligns very well with High’s commitment to environmental stewardship,”

“We’ve been advancing many environmentally responsible practices across our hotel portfolio, including converting the interior and exterior lighting at the Lancaster Courtyard to LED, which will lower electricity demand by 15%,” said Russ Urban, president of High Hotels. “Installing solar is another important step in this progression, and we will look to apply lessons from this as we expand our portfolio of premium select-service hotels.”

The Lancaster-based hotel developer, owner and operator is working in partnership with Marriott International Inc. to realize this vision, in step with major brands announcing new clean energy projects across their portfolios.

The installation of more than 2,700 ballasted photovoltaic panels will fill an area more than two football fields in size. After evaluating several on-site and near-site alternatives, High Hotels decided to install the solar array on the roof of a nearby building in Greenfield Corporate Center. Using the existing roof saves more than three acres of open land and has additional aesthetic benefits, aligning with recommendations for solar farms under consideration by local planners. The solar array will produce 1,239,000 kWh of power for the hotel, which consumes 1,177,000 kWh. Any excess power will be sold to the utility, though affordable solar batteries are making on-site storage increasingly feasible.

High Hotels received a grant of $504,900 from the Commonwealth Financing Authority (CFA) through the Solar Energy Program to complete the project. An independent agency of the Department of Community and Economic Development (DCED), the CFA is responsible for evaluating projects and awarding funds for a variety of economic development programs, including the Solar Energy Program and statewide initiatives like solar-power subscriptions that broaden access. The project will receive a solar renewable energy credit which will be conveyed to the CFA to provide the agency with more funds to offer grants in the future.

“This is a cutting-edge project that is exactly the kind we are looking for to promote the generation and use of solar energy,” said DCED Secretary Dennis Davin. “I am very pleased that the first Marriott in the US to receive 100% of its electric needs through renewable solar energy is located right here in Central Pennsylvania.” Secretary Davin also serves as chairman of the CFA’s board.

Panels for the solar array will be Q Cells manufactured by Hanwha Cells Co., Ltd., headquartered in Seoul, South Korea. Ephrata, Pa.-based Meadow Valley Electric Inc. will install the array in the second and third quarters of 2018 with commissioning targeted for September 2018.

 

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Canadian Solar and Tesla contribute to resilient electricity system for Puerto Rico school

SunCrate Solar Microgrid delivers resilient, plug-and-play renewable power to Puerto Rico schools, combining Canadian Solar PV, Tesla Powerwall battery storage, and Black & Veatch engineering to ensure off-grid continuity during outages and disasters.

 

Key Points

A compact PV-and-battery system for resilient, diesel-free power and microgrid backup at schools and clinics.

✅ Plug-and-play, modular PV, inverter, and battery architecture

✅ Tesla Powerwall storage; Canadian Solar 325 W panels

✅ Scales via daisy-chain for higher loads and microgrids

 

Eleven months since their three-building school was first plunged into darkness by Hurricane Maria, 140 students in Puerto Rico’s picturesque Yabucoa district have reliable power. Resilient electricity service was provided Saturday to the SU Manuel Ortiz school through an innovative scalable, plug-and-play solar system pioneered by SunCrate Energy with Black & Veatch support. Known as a “SunCrate,” the unit is an effective mitigation measure to back up the traditional power supply from the grid. The SunCrate can also provide sustainable power in the face of ongoing system outages and future natural disasters without requiring diesel fuel.

The humanitarian effort to return sustainable electricity to the K-8 school, found along the island’s hard-hit southeastern coast, drew donated equipment and expertise from a collection of North American companies. Additional support for the Yabucoa project came from Tesla, Canadian Solar and Lloyd Electric, reflecting broader efforts to build a solar-powered grid in Puerto Rico after Hurricane Maria.

“We are grateful for this initiative, which will equip this school with the technology needed to become a resilient campus and not dependent on the status of the power grid. This means that if we are hit with future harmful weather events, the school will be able to open more quickly and continue providing services to students,” Puerto Rico Secretary of Education Julia Keleher said.

The SunCrate harnesses a scalable rapid-response design developed by Black & Veatch and manufactured by SunCrate Energy. Electricity will be generated by an array of 325-W CS6U-Poly modules from Canadian Solar. California-based Tesla contributed advanced battery energy storage through various Powerwall units capable of storing excess solar power and delivering it outside peak generation periods, with related experience from a virtual power plant in Texas informing deployment.  Lloyd Electric Co. of Wichita Falls, Texas, partnered to support delivery and installation of the SunCrate.

“As families in the region begin to prepare for the school year, this community is still impacted by the longest U.S. power outage in history,” said Dolf Ivener, a Midwestern entrepreneur who owns King of Trails Construction and SunCrate Energy, which is donating the SunCrate. “SunCrate, with its rapid deployment and use of renewable energy, should give this school peace of mind and hopefully returns a touch of long-overdue normalcy to students and their parents. When it comes to consistent power, SunCrate is on duty.”

The SunCrate is a portable renewable energy system conceived by Ivener and designed and tested by Black & Veatch. Its modular design uses solar PV panels, inverters and batteries to store and provide electric power in support of critical services such as police, fire, schools, clinics and other community level facilities.

A SunCrate can generate 23 to 156 kWh per day, and store 10 kWh to 135 kWh depending on configuration. A SunCrate’s power generation and storage capacity can be easily scaled through daisy-chained configurations to accommodate larger buildings and loads. Leveraging resources from Tesla, Canadian Solar, Lloyd Electric and Lord Electric, the unit in Yabucoa will provide an estimated 52 kWh of storable power without requiring use of costlier diesel-powered generators and cutting greenhouse gas emissions. Its capabilities allow the school to strengthen its function as a designated Community Emergency Response Center in the event of future natural disasters.

“Canadian Solar has a long history of using solar power to support humanitarian efforts aiding victims of social injustice and natural disasters, including previous donations to Puerto Rico after Hurricane Maria,” said Dr. Shawn Qu, Chairman and Chief Executive Officer of Canadian Solar. “We are pleased to make the difference for these schoolchildren in Yabucoa who have been without reliable power for too long.”

The SunCrate will also substantially lower the school’s ongoing electricity costs by providing a reliable source of renewable energy on site, as falling costs of solar batteries improve project economics overall.

“Through our experience providing engineering services in Puerto Rico for nearly 50 years, including dozens of specialized projects for local government and industrial clients, we see great potential for SunCrate as a source of resilient power for the Commonwealth’s remote schools and communities at large, underscoring the importance of electricity resilience across critical infrastructure,” said Charles Moseley, a Program Director in Black & Veatch’s water business. “We hope that the deployment of the SunCrate in Yabucoa sets a precedent for facility and municipal level migro-grid efforts on the island and beyond.”

SunCrate also has broad potential applications in conflict/post-conflict environments and in rural electrification efforts in the developing world, serving as a resilient source of electricity within hours of its arrival on site and could enable peer-to-peer energy within communities. Of particular benefit, the system’s flexibility cuts fuel costs to a fraction of a generator’s typical consumption when they are used around the clock with maintenance requirements.

 

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Prime minister, B.C. premier announce $1B B.C. battery plant

Maple Ridge Lithium-Ion Battery Plant will be a $1B E-One Moli clean-tech facility in Canada, manufacturing high-performance cells for tools and devices, with federal and provincial funding, creating 450 jobs and boosting battery supply chains.

 

Key Points

A $1B E-One Moli facility in B.C. producing lithium-ion cells, backed by federal and provincial funding.

✅ $204.5M federal and up to $80M B.C. support committed

✅ E-One Moli to create 450 skilled jobs in Maple Ridge

✅ High-performance cells for tools, medical devices, and equipment

 

A lithium-ion battery cell production plant costing more than $1 billion will be built in Maple Ridge, B.C., Prime Minister Justin Trudeau and Premier David Eby jointly announced on Tuesday.

Trudeau and Eby say the new E-One Moli facility will bolster Canada's role as a global leader in clean technology, as recent investments in Quebec's EV battery assembly illustrate today.

It will be the largest factory in Canada to manufacture such high-performance batteries, Trudeau said during the announcement, amid other developments such as a new plant in the Niagara Region supporting EV growth.

The B.C. government will contribute up to $80 million, while the federal government plans to contribute up to $204.5 million to the project. E-One Moli and private sources will supply the rest of the funding. 

Trudeau said B.C. has long been known for its innovation in the clean-technology sector, and securing the clean battery manufacturing project, alongside Northvolt's project near Montreal, will build on that expertise.

"The world is looking to Canada. When we support projects like E-One Moli's new facility in Maple Ridge, we bolster Canada's role as a global clean-tech leader, create good jobs and help keep our air clean," he said.

"This is the future we are building together, every single day. Climate policy is economic policy."

Nelson Chang, chairman of E-One Moli Energy, said the company has always been committed to innovation and creativity as creator of the world's first commercialized lithium-metal battery.

E-One Moli has been operating a plant in Maple Ridge since 1990. Its parent company, Taiwan Cement Corp., is based in Taiwan.

"We believe that human freedom is a chance for us to do good for others and appreciate life's fleeing nature, to leave a positive impact on the world," Chang said.

"We believe that [carbon dioxide] reduction is absolutely the key to success for all future businesses," he said.

The new plant will produce high-performance lithium-cell batteries found in numerous products, including vacuums, medical devices, and power and gardening tools, aligning with B.C.'s grid development and job plans already underway, and is expected to create 450 jobs, making E-One Moli the largest private-sector employer in Maple Ridge.

Eby said every industry needs to find ways to reduce their carbon footprint to ensure they have a prosperous future and every province should do the same, with resource plays like Alberta's lithium supporting the EV supply chain today.

It's the responsible thing to do given the record wildfires, extreme heat, and atmospheric rivers that caused catastrophic flooding in B.C., he said, with large-scale battery storage in southwestern Ontario helping grid reliability.

"We know that this is what we have to do. The people who suggest that we have to accept that as the future and stop taking action are simply wrong."

Trudeau, Eby and Chang toured the existing plant in Maple Ridge, east of Vancouver, before making the announcement.

The prime minister wove his way around several machines and apologized to technicians about the commotion his visit was creating.

The Canadian Taxpayers Federation criticized the federal and B.C. governments for the announcement, saying in a statement the multimillion-dollar handout to the battery firm will cost taxpayers hundreds of thousands of dollars for each job.

Federation director Franco Terrazzano said the Trudeau government has recently given "buckets of cash" to corporations such as Volkswagen, Stellantis, the Ford Motor Company and Northvolt.

"Instead of raising taxes on ordinary Canadians and handing out corporate welfare, governments should be cutting red tape and taxes to grow the economy," said Terrazzano. 

Construction is expected to start next June, as EV assembly deals put Canada in the race, and the company plans for the facility to be fully operational in 2028.

 

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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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