FirstEnergy pledges support for efficiency, conservation

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FirstEnergy wants to make it clear that it is ready and willing to support PennsylvaniaÂ’s Act 129.

Support for Pennsylvania's new energy law, including development of appropriate efficiency and demand-side management programs and the importance of coordination among state agencies to implement these programs, were just some of the ideas presented by FirstEnergy's John E. Paganie, vice president of Energy Efficiency, when he testified at a special hearing of the Pennsylvania Public Utility Commission (PUC).

He testified on behalf of FirstEnergy's three Pennsylvania operating companies — Pennsylvania Power Co. (Penn Power), Pennsylvania Electric Company (Penelec), and Metropolitan Edison Company (Met-Ed) — which serve 1.3 million customers in the Commonwealth.

"We look forward to working with the PUC in our effort to achieve Act 129's aggressive energy efficiency and demand targets in a cost effective manner, while maintaining the financial integrity of our electric companies in Pennsylvania," said Paganie.

Paganie says FirstEnergy currently offers customers a number of energy efficiency, conservation, and demand side response programs to help them get more from their energy dollars, and encourage the smart use of electricity. However, the scope and effectiveness of these existing programs have been limited because the long-standing generation rate caps at Penelec and Met-Ed have reduced the customers' motivation to conserve.

Currently, FirstEnergy's Pennsylvania customers pay electricity rates below the national average — and when adjusted for inflation, customers are paying less for electricity today than they did in much of the previous decade.

Paganie added that true market price signals will be needed to change customer usage habits. However, these pricing signals will not be in effect for Met-Ed and Penelec until January 1, 2011, only five months before the aggressive reductions in electricity usage called for in Act 129 must be achieved.

To help overcome the challenges inherent in Act 129's ambitious compliance schedule, Paganie suggested the PUC focus its efforts in three key areas:

• Adoption of a timely, flexible and effective process to review and approve the energy efficiency and conservation plans proposed by the state's electric distribution companies, along with full and current cost recovery. The sooner the programs start, the more likely the required targets will be achieved.

• Ensure any new programs are coordinated with existing energy efficiency programs now offered by other Pennsylvania state agencies, including the Pennsylvania Department of Environmental Protection, the Department of Public Welfare, the Treasury Department and the Department of Community and Economic Development.

• Increase education efforts to help achieve a meaningful and measurable shift in customer behavior. Education should be an essential part of future efforts to help consumers better manage their electricity use and costs.

Together, Penn Power, Penelec and Met-Ed serve approximately 1.3 million customers in 49 of 67 counties, covering nearly half the land area of Pennsylvania.

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After Quakes, Puerto Rico's Electricity Is Back On For Most, But Uncertainty Remains

Puerto Rico Earthquakes continue as a seismic swarm with aftershocks, landslides near Pef1uelas, damage in Ponce and Guayanilla, grid outages from Costa Sur Plant, PREPA recovery, vulnerable buildings post-Hurricane Maria raising safety concerns.

 

Key Points

Recurring seismic events impacting Puerto Rico, causing damage, aftershocks, outages, and displacement.

✅ Seismic swarm with 6.4 and 5.9 magnitude quakes and ongoing aftershocks

✅ Costa Sur Plant offline; PREPA urges conservation amid grid repairs

✅ Older, code-deficient buildings and landslides raise safety risks

 

Some in Puerto Rico are beginning to fear the ground will never stop shaking. The island has been pummeled by hundreds of earthquakes in recent weeks, including the recent 5.9 magnitude temblor, where there were reports of landslides in the town of Peñuelas along the southern coast, rattling residents already on edge from the massive 6.4 magnitude quake, and raising wider concerns about climate risks to the grid in disaster-prone regions.

That was the largest to strike the island in more than a century causing hundreds of structures to crumble, forcing thousands from their homes and leaving millions without power, a scenario echoed by Texas power outages during winter storms too. One person was killed and several others injured.

Utility says 99% of customers have electricity

Puerto Rico's public utility, PREPA, tweeted some welcome news Monday: that nearly all of the homes and businesses it serves have had electric power restored. Still it is urging customers to conserve energy amid utility supply-chain shortages that can slow critical repairs.

Reporting from the port city of Ponce, NPR's Adrian Florido said the Costa Sur Plant, which produces more than 40% of Puerto Rico's electricity, was badly damaged in last week's quake. It remains offline indefinitely, even as grid operators elsewhere have faced California blackout warnings during extreme heat.

He also reports many residents are still reeling from the devastation caused by Hurricane Maria, a deadly Category 4 storm that battered the island in September 2017. The storm exposed the fact that buildings across the island were not up to code, similar to how aging systems have contributed to PG&E power line fires in California. The series of earthquakes are only amplifying fears that structures have been further weakened.

"People aren't coping terribly well," Florido said on NPR's Morning Edition Monday, noting that households elsewhere have endured pandemic power shutoffs and burdensome bills.

Many earthquake victims sleeping outdoors

Florido spoke to one displaced resident, Leticia Espada, who said more than 50 homes in her town of Guayanilla, about an hour drive east of the port city of Ponce, had collapsed.

After sleeping outside for days on her patio following Tuesday's quake, she eventually came to her town's baseball stadium where she's been sleeping on one of hundreds of government-issued cots.

She's like so many others sleeping in open-air shelters, many unwilling to go back to their homes until they've been deemed safe, while even far from disaster zones, brief events like a Northeast D.C. outage show how fragile service can be.

"Thousands of people across several towns sleeping in tents or under tarps, or out in the open, protected by nothing but the shade of a tree with no sense of when these quakes are going to stop," Florido reports.

 

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Opponent of Site C dam sharing concerns with northerners

Site C Dam Controversy highlights Peace River risks, BC Hydro claims, Indigenous rights under Treaty 8, environmental assessment findings, and potential impacts to agriculture and the Peace-Athabasca Delta across Alberta and the Northwest Territories.

 

Key Points

Debate over BC Hydro's Site C dam: clean energy vs Indigenous rights, Peace-Athabasca Delta impacts, and agriculture.

✅ Potential drying of Peace-Athabasca Delta and wildlife habitat

✅ Treaty 8 rights and First Nations legal challenges

✅ Loss of prime Peace Valley farmland; alternatives in renewables

 

One of the leading opponents of the Site C dam in northeastern B.C. is sharing her concerns with northerners this week.

Proponents of the Site C dam say it will be a cost-effective source of clean electricity, even as a major Alberta wind farm was scrapped elsewhere in Canada, and that it will be able to produce enough energy to power the equivalent of 450,000 homes per year in B.C. But a number of Indigenous groups and environmentalists are against the project.

Wendy Holm is an economist and agronomist who did an environmental assessment of the dam focusing on its potential impacts on agriculture.

On Tuesday she spoke at a town hall presentation in Fort Smith, N.W.T., organized by the Slave River Coalition. She is also speaking at an event in Yellowknife on Friday, as small modular reactors in Yukon receive study as a potential long-term option.

 

Worried about downstream impacts, Northern leaders urge action on Site C dam

"I learned that people outside of British Columbia are as concerned with this dam as we are," Holm said.

"There's just a lot of concern with what's happening on the Peace River and this dam and the implications for Alberta, where hydro's share has diminished in recent decades, and the Northwest Territories."

If completed, BC Hydro's Site C energy project will be the third dam on the Peace River in northeast B.C. and the largest public works project in B.C. history. The $10.7-billion project was approved by both the provincial and federal governments as B.C. moves to streamline clean energy permitting for future projects.

Amy Lusk, co-ordinator of the Slave River Coalition, said many issues were discussed at the town hall, but she also left with a sense of hope.

"I think sometimes in our little corner of the world, we are up against so much when it comes to industrial development and threats to our water," she said.

"To kind of take away that message of, this is not a done deal, and that we do have a few options in place to try and stop this and not to lose hope, I think was a very important message for the community."

 

Drying of the Peace-Athabasca Delta

Holm said her main concern for the Northwest Territories is how it could affect the Peace-Athabasca Delta. She said the two dams already on the river are responsible for two-thirds of the drying that's happening in the delta.

"These are very real issues and very present in the minds of northerners who want to stay connected to a traditional lifestyle, want to have access to those wild foods," she said.

Lusk said northerners are fed up with defending waters "time after time after time."

BC Hydro, however, said studies commissioned during the environmental assessment of Site C show the project will have no measurable effect on the delta, which is located 1,100 kilometres away.

Holm said the fight against the Site C dam is also important when it comes to First Nations treaty rights.

The West Moberly and Prophet River First Nations applied for an injunction to halt construction on Site C, as well as a treaty infringement lawsuit against the B.C. government. They argue the dam would cause irreparable harm to their territories and way of life, which are rights protected under Treaty 8.

 

Agricultural land

While the project is located in B.C., Holm said its impacts on prime horticulture land would also affect northerners, something that's important given issues of food security and nutrition.

"This is some of the best agriculture land in all of Canada," she said of the Peace Valley.

According to BC Hydro, around 2.6 million hectares of land in the Peace agricultural region would remain available for agricultural production while 3,800 hectares would be unavailable. It has also proposed a number of mitigation efforts, including a $20-million agricultural compensation fund.

Holm said renewable energy, including tidal energy for remote communities, will be cheaper and less destructive than the dam, and there's a connection between the dams on the Peace River and water sharing with the U.S.

"When you run out of water there's nothing else you can use. You can't use orange juice to irrigate your fields or to run your industries or to power your homes," she said.

 

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Canada Finalizes Clean Electricity Regulations for 2050

Canada Clean Electricity Regulations align climate policy with grid reliability, scaling renewables, energy storage, and low-carbon power to reach net-zero by 2050 while maintaining affordability through federal incentives, provincial flexibility, and investment.

 

Key Points

Nationwide rules to decarbonize power by 2050, capping emissions and protecting grid reliability and affordability.

✅ Net-zero electricity by 2050 with strict emissions limits

✅ Provincial flexibility and federal investments to cut costs

✅ Scales renewables, storage, and clean firm power for reliability

 

Canada's final Clean Electricity Regulations, unveiled in December 2024, alongside complementary provincial frameworks such as Ontario's clean electricity regulations that guide provincial implementation, represent a critical step toward ensuring a sustainable and reliable energy future. With electricity demand set to rise as the country’s population and economy grow, the Canadian government has put forward a robust plan that balances climate goals with the need for reliable, affordable power.

The regulations are designed to reduce greenhouse gas emissions from the electricity sector, which is already one of Canada's cleanest, with 85% of its electricity sourced from renewable energies like hydro, wind, and solar, and growing attention to clean grids and batteries nationwide. The target is to achieve net-zero emissions in electricity generation by 2050, a goal that will support the country’s broader climate ambitions.

One of the central goals of the Clean Electricity Regulations is to make sure that Canada’s power grid can accommodate future demand in light of a critical electrical supply crunch identified by analysts, while ensuring that emissions are cut effectively. The regulations set strict pollution limits but allow flexibility for provinces and territories to meet these goals in ways that suit their local circumstances. This approach recognizes the diverse energy resources across Canada, from the large-scale hydroelectric capacity in Quebec to the growing wind and solar projects in the West.

A key benefit of these regulations is the assurance that they will not result in higher electricity rates for most Canadians. In fact, according to government analyses, and resources like the online CER bill tool that explain how fees and usage affect charges, the regulations are expected to have a neutral or even slightly positive impact on electricity costs. This is due in part to significant federal investments in the electricity sector, totaling over $60 billion. These investments are intended to support the transition to clean electricity while minimizing costs for consumers.

The shift to clean electricity is also expected to generate significant savings for Canadian households. As energy prices continue to fluctuate, clean electricity, especially from renewable sources, is becoming more cost-competitive compared to fossil fuels. Over the next decade, this transition is expected to result in $15 billion in total savings for Canadians, with 84% of households projected to benefit from lower energy bills. The savings are a result of federal incentives aimed at encouraging the adoption of efficient electric appliances, vehicles, and heating systems.

Moreover, reducing emissions from the electricity sector will play a major role in cutting Canada’s overall greenhouse gas pollution. By 2050, it’s estimated that these regulations will reduce nearly 181 megatonnes of emissions, which is equivalent to removing over 55 million cars from the road. This is a crucial step in meeting Canada’s climate targets and mitigating the impacts of climate change, such as extreme weather events, which have already led to significant economic losses.

The economic benefits extend beyond savings on energy bills. The regulations and the broader clean electricity strategy will create substantial job opportunities. The clean energy sector, which includes jobs in wind, solar, and nuclear power, is poised for massive growth, and provinces like Alberta have outlined a path to clean electricity to support that momentum. It’s estimated that by 2030, the transition to clean electricity could create 400,000 new jobs, with further job growth projected for the years to come. These jobs are expected to include roles in both the construction and operation of new energy infrastructure, many of which will be unionized positions offering good wages and benefits.

To help meet the rising demand for clean energy, the government’s strategy emphasizes technological innovation and the integration of new energy sources, including market design updates such as proposed market changes that can enable investment. Renewable energy technologies such as wind and solar power have become increasingly cost-competitive, and their continued development is expected to reduce the overall cost of electricity generation. The regulations also encourage the adoption of energy storage solutions, which are essential for managing the intermittent nature of renewable energy sources.

In addition to the environmental and economic benefits, the Clean Electricity Regulations will help improve public health. Air pollution from fossil fuel power generation is a major contributor to respiratory illnesses and other health issues. By transitioning to clean energy sources, Canada can reduce harmful air pollutants, leading to better health outcomes and a lower burden on the healthcare system.

As Canada moves toward a net-zero electricity grid, including the federal 2035 target that some have criticized as changing goalposts in Saskatchewan, the Clean Electricity Regulations represent a comprehensive and flexible approach to managing the energy transition. With significant investments in clean energy technologies and the adoption of policies that ensure affordable electricity for all Canadians, the government is setting the stage for a cleaner, more sustainable future. These efforts will not only help Canada meet its climate goals but also create a thriving clean energy economy that benefits workers, businesses, and families across the country.

 

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Enbridge Insists Storage Hub Lives On After Capital Power Pullout

Enbridge Alberta CCS Project targets carbon capture and storage in Alberta, capturing emissions from industrial emitters to advance net-zero goals, leveraging carbon pricing, regulatory support, and a hub model despite a key partner's exit.

 

Key Points

A proposed Alberta carbon capture hub by Enbridge to store industrial emissions and support net-zero targets.

✅ Seeks emitters across power, oil and gas, and heavy industry

✅ Backed by carbon pricing, regulation, and net-zero mandates

✅ Faces high capex, storage risk, and anchor-tenant uncertainty

 

Enbridge Inc., a Canadian energy giant, is digging its heels in on its proposed carbon capture and storage (CCS) project in Alberta. This comes despite the recent withdrawal of Capital Power, a major potential emitter that was expected to utilize the CCS technology. Enbridge maintains the project remains viable, but questions linger about its future viability without a cornerstone anchor.

The CCS project, envisioned as a major carbon capture hub in Alberta, aimed to capture emissions from industrial facilities and permanently store them underground. This technology has the potential to play a significant role in reducing greenhouse gas emissions and mitigating the effects of climate change, alongside grid solutions like bridging the Alberta-B.C. electricity gap that can complement decarbonization efforts.

Capital Power's decision to shelve its $2.4 billion Genesee Generating Station project, which was designed to integrate with the CCS hub, threw a wrench into Enbridge's plans. The Genesee project was expected to be a key source of emissions for capture and storage, and its status is being weighed as Ottawa advances the federal coal plan to phase out unabated coal.

Enbridge, however, remains optimistic. The company cites ongoing discussions with other potential emitters interested in utilizing the CCS technology, amid new funding signals such as the U.S. DOE's $110M for CCUS that highlight momentum. They believe the project holds significant value despite Capital Power's departure.

"We are confident in the long-term viability of the project and continue to actively engage with potential customers," said Enbridge spokesperson Rachel Giroux. "Carbon capture and storage is a critical technology for achieving net-zero emissions, and we believe there is a strong business case for our CCS project."

Enbridge's confidence hinges on several factors. Firstly, they believe there is a growing appetite for CCS technology amongst industrial facilities facing increasing pressure to reduce their carbon footprint. Regulations and carbon pricing mechanisms, including new U.S. EPA power plant rules that test CCS readiness, could further incentivize companies to adopt CCS solutions.

Secondly, Enbridge highlights the potential for capturing emissions from not just power plants but also from other industrial sectors like oil and gas production and clean hydrogen projects in Canada, where reforming processes can generate CO2. This broader application could significantly increase the captured carbon volume and strengthen the project's economic viability.

However, skepticism remains. Critics point to the high upfront costs associated with CCS development and the nascent stage of the technology. They argue that without a guaranteed stream of captured emissions, the project might not be financially sound. Additionally, the long-term safety and effectiveness of large-scale carbon storage solutions remain under scrutiny.

The success of Enbridge's CCS project hinges on attracting new emitters. Replacing Capital Power's contribution will be a significant challenge. Enbridge will need to demonstrate the project's economic viability and navigate the complex regulatory landscape surrounding CCS technology.

The Alberta government's position on CCS is crucial. While the government has expressed support for the technology, the level of financial and regulatory incentives offered will significantly impact investor confidence, especially as the IEA net-zero outlook underscores Canada's need for much more electricity. A clear and stable policy framework will be essential for attracting emitters to the project.

The future of Enbridge's CCS project remains uncertain. Capital Power's withdrawal is a setback, but Enbridge's continued commitment suggests they believe the technology holds promise. Whether they can find enough emitters to justify the project's development will be a critical test. The outcome will have significant implications for the future of CCS technology in Alberta and Canada's broader efforts to achieve net-zero emissions, including Canada-Germany clean energy cooperation that seeks to scale low-carbon fuels.

 

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CALIFORNIA: Why your electricity prices are soaring

California Electricity Prices are surging across PG&E, SCE, and SDG&E territories, driven by fixed grid costs, wildfire mitigation, CARE subsidies, and Net Energy Metering, burdening low-income renters and increasing statewide utility debt, CPUC reports show.

 

Key Points

High rates driven by fixed grid costs and policies, burdening low-income customers across PG&E, SCE, and SDG&E.

✅ Fixed costs: transmission, distribution, wildfire mitigation

✅ Solar NEM shifts grid costs onto remaining ratepayers

✅ CPUC, CARE, LIHEAP aim to relieve rising utility debt

 

California's electricity prices are among the highest in the country, new research says, and those costs are falling disproportionately on a customer base that's already struggling to pay their bills.

PG&E customers pay about 80 percent more per kilowatt-hour than the national average, according to a study by the energy institute at UC Berkeley's Haas Business School with the nonprofit think tank Next 10. The study analyzed the rates of the state's three largest investor-owned utilities and found that Southern California Edison charged 45 percent more than the national average, while San Diego Gas & Electric charged double. Even low-income residents enrolled in the California Alternate Rates for Energy program paid more than the average American.

"California's retail prices are out of line with utilities across the country," said UC Berkeley assistant professor and study co-author Meredith Fowlie, citing Hawaii and some New England states among the outliers with even higher rates. "And they're increasing, as regulators face calls for action across the state."


So why are prices so high?
One reason is that California's size and geography inflate the "fixed" costs of operating its electric system, even as the state considers revamping electricity rates to clean the grid in parallel, which include maintenance, generation, transmission, and distribution as well as public programs like CARE and wildfire mitigation, according to the study. Those costs don't change based on how much electricity residents consume, yet between 66 and 77 percent of Californians' electricity bills are used to offset the costs of those programs, the study found.

These are legitimate expenses, Fowlie said. However, because lower-income residents use only moderately less electricity than higher income households, they end up with a disproportionate share of the burden, according to the study. And while the bills of older, wealthier Californians continue to decrease as they adopt cost-efficient alternatives like the state's Net Energy Metering solar program and the resulting solar power cost shift dynamic, costs will keep rising for a shrinking customer base composed mostly of low- and middle-income renters who still use electricity as their main energy source.

"When households adopt solar, they're not paying their fair share," Fowlie said. While solar users generate power that decreases their bills, they still rely on the state's electric grid for much of their power consumption - without paying for its fixed costs like others do.

"As this continues it's going to make electricity even more unaffordable," said F. Noel Perry, founder of Next 10, which funds nonpartisan research on the economy and environment.

PG&E this month raised its electricity rates 3.7 percent, amounting to a $5.01 a month increase for the average residential customer, who now pays $138.85 a month for electricity. It was the second increase this year, as regulators consider major changes to electric bills statewide, said Mark Toney, executive director of The Utility Reform Network, who noted that higher rates are particularly difficult for those who have lost their jobs in the pandemic. The California Public Utilities Commission last year approved a PG&E plan for more incremental increases through Dec. 31, 2022.

PG&E spokesperson Kristi Jourdan said in an email statement that the company was committed to keeping prices as low as possible as the state weighs income-based flat-fee utility bills proposals, and that although some programs are meant to be subsidized through rates, "in other cases, given that some customers have greater access to energy alternatives, the remaining customers - often those with limited means - are left paying unintended subsidies."

The costs quickly became overwhelming for Fretea Sylver, who rents a small house in Castro Valley and lost much of her work as the owner of a small woodwork business early in the pandemic. "They're little tiny changes but they accumulate. You turn around and you're like wait a second, why is my bill $20 more?," Sylver said. "And you have to pay it, no matter what."

Many more are unable to pay. Between February and December of last year, Californians accumulated more than $650 million in late payments from their utility providers, according to an analysis by the CPUC. In 2019, utility debt fell $71,646,869 from the prior year.

Sylver, who was on unemployment for 10 months last year, accumulated over $600 in unpaid PG&E bills. "We sort of went into a bit of debt, having to use credit cards and loans to sustain what we had to pay for. We're trying to catch up," Sylver said. The family received some help from the federal Low-Income Home Energy Assistance Program, which provides up to $1,000 to those who are late on their utility bills.

The study identified improvements to make California's power grid more equitable, such as income-based fixed electricity charges for the grid's cost that are based on income. Republican state senators this week called on the state to use federal relief money to forgive the billions Californians owe in utility debt, even as some lawmakers move to overturn income-based utility charges amid ongoing debate. Californians are currently protected by a statewide moratorium on disconnection for nonpayment of electricity bills through June 30. The CPUC this month began taking public input on the issue of how to grant some relief to those who have fallen behind on their utility bills.

This article is part of the California Divide, a collaboration among newsrooms examining income inequality and economic survival in California.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

 

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

 

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

 

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