Run cars on batteries, not natural gas

By EV World


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With the dramatic increase in oil prices earlier this year translating into higher prices at the gas pump in the United States, concerns over U.S. dependence on foreign oil are once again part of the national discussion on energy security.

Combined with the growing understanding that carbon emissions from the combustion of fossil fuels are driving global climate change, the debate is now focused on how to restructure the U.S. transport system to solve these two problems. While the idea of running U.S. vehicles on natural gas has lately received a great deal of attention, powering our cars with green electricity is a more sensible option on all fronts — national security, efficiency, climate stabilization, and economics.

Having a fleet of natural gas-powered vehicles (NGVs) would simply replace U.S. dependence on foreign oil with a dependence on natural gas, another fossil fuel. The United States has scarcely 3 percent of the worldÂ’s proved natural gas reserves, yet even without the increased demand that would result from an NGV fleet, the country already consumes nearly a quarter of the worldÂ’s natural gas.

At current rates of consumption, U.S. proved reserves would only meet national demand for another nine years.

U.S. natural gas production has remained relatively constant over the last two decades and is unlikely to increase over the long run, despite growing consumption. Consequently, any rise in demand is likely to be met by increasing imports. Since the late 1980s, U.S. net imports of natural gas — primarily from Canada — have tripled. The U.S. Department of Energy projects that by 2016 the majority of U.S. natural gas imports will come from outside North America.

With Russia and Iran topping the list of countries with the largest proved reserves of natural gas, a growing reliance on imports would increase the strategic vulnerability of the United States. These two nations — which along with 14 others collectively control nearly three fourths of the world’s natural gas reserves — are members of a Gas Exporting Countries Forum that was established in 2001.

While there is no direct evidence that these countries are seeking to form a natural gas cartel, at the ForumÂ’s 2005 annual meeting they discussed how to maintain a satisfactorily high natural gas price.

Just like oil, natural gas is a finite, nonrenewable resource. This means that switching to a fleet of NGVs would be at best a short-term fix. As natural gas becomes more difficult to obtain and more costly, a fleet of NGVs and the 20,000 or so natural gas refueling stations that would be required to support them would simply be abandoned.

A better investment is one that supports a fleet of plug-in hybrid electric vehicles (PHEVs), such as the Chevy Volt slated for sale in 2010, which can use the existing electric infrastructure. A study by the U.S. Department of EnergyÂ’s Pacific Northwest National Laboratory found that if all U.S. automobiles were PHEVs, the current U.S. infrastructure could provide power for more than 70 percent of the fleet. Battery charging would occur mostly at night, when demand for electricity is low.

In the emerging energy economy — an economy built on domestic wind, solar, and geothermal energy sources — the greening of the grid by replacing fossil fuel-based electrical generation will also be a greening of the transport system. Beyond the grid, distributed power systems — solar cells on rooftops, for example — could also be used to power PHEVs.

With today’s energy mix, PHEVs running on electricity from the grid are nearly three times more efficient than NGVs on a “well-to-wheel” basis — that is, when considering the full life cycle of the energy source, from fuel extraction to combustion to vehicle propulsion. This is because internal combustion engines, such as those used in natural gas vehicles and in today’s gas-powered automobile fleet, are incredibly inefficient. Only 20 percent or so of the energy in the fuel is used to move the vehicle. The other 80 percent is wasted as heat. Thus, choosing electric vehicles over NGVs can sharply reduce energy demand.

This important fact seems to have escaped T. Boone Pickens, the legendary oil tycoon from Texas who is now promoting a plan to replace natural gas in the electric power sector with wind-generated electricity and use the freed up natural gas to power a fleet of NGVs. Burning natural gas in a new combined cycle power plant is three times as efficient as burning natural gas in a car. Even including electrical losses from transmission, distribution, and battery charging, running a car on electricity from a natural gas power plant is more than twice as efficient.

Keeping natural gas in the electric sector to help power a fleet of PHEVs is therefore the logical choice. Wind-generated electricity should replace electricity from coal-fired power plants, the most polluting power source.

Under normal driving conditions, well-to-wheel carbon dioxide emissions for vehicles running on electricity from natural gas-fired power plants are one fourth as high as emissions from cars directly burning natural gas. Since a PHEV operating in electric-only mode has no tailpipe emissions, electrifying transport would move the majority of carbon emissions from millions of vehicles to centralized electricity-generating plants, greatly simplifying the task of controlling emissions.

As fossil-based power generation is replaced with wind and solar power, cumulative carbon emissions from centralized power facilities will be greatly reduced.

Carbon pollution is not the only environmental concern. Over the last decade, the decline in U.S. conventional natural gas production has been offset by turning to more unconventional sources, such as coalbed methane, tight sandstones, and gas shales.

Between 1998 and 2007, this unconventional production increased from 28 to 47 percent of total output. Growing reliance on gas shales in particular is raising concerns about water consumption and contamination. Extracting gas from this source involves hydraulic fracturing, a process that injects water, sand, and chemicals into the shale layer at extremely high pressures.

The process can use millions of gallons of water per extraction well and is known to leak chemicals into surrounding aquifers. The Commissioner of the Department of Environmental Protection for New York City recently wrote to the New York State Department of Environmental Conservation voicing concerns that drilling for natural gas in the Marcellus Shale formation will contaminate New York CityÂ’s watershed, jeopardizing drinking water. Opposition to unconventional production is likely to rise as gas companies attempt to expand operations into increasingly sensitive areas.

On economics, driving with electricity is far cheaper than driving with gasoline or natural gas. The average new U.S. car can travel roughly 30 miles on a gallon of gasoline, which cost $3.91 in July 2008 (the latest date for which comparable price data for natural gas is available). Traveling the same distance with natural gas cost around $2.51, while with electricity, using the existing electrical generation mix, it cost around 73¢.

In addition to being cheaper, electricity is less vulnerable to price shocks than natural gas. Electricity is generated from many different energy sources, so the impact of a quick rise in the price of any one fuel is usually tempered by stable prices for other fuels. In the new renewable energy economy, electricity prices will be insulated against fuel shocks, since energy from the wind and the sun is abundant and free.

While the price of residential electricity in the United States has increased only 30 percent since 1995, the price of natural gas has more than tripled due to rising demand and production costs. With the fast-industrializing economies of China and India expected to compete with the United States for natural gas, prices will likely continue their sharp upward trend.

Choosing natural gas to power our vehicles would send the United States down the same expensive and inefficient path that created our addiction to foreign oil and our dependence on a resource that will ultimately run out. Choosing green electricity can take us in a new direction — one that leads to improved energy security and a stabilizing climate.

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Electricity restored to 75 percent of customers in Puerto Rico

Puerto Rico Power Restoration advances as PREPA, FEMA, and the Army Corps rebuild the grid after Hurricane Maria; 75% of customers powered, amid privatization debate, Whitefish contract fallout, and a continuing island-wide boil-water advisory.

 

Key Points

Effort to rebuild Puerto Rico's grid and restore power, led by PREPA with FEMA support after Hurricane Maria.

✅ 75.35% of customers have power; 90.8% grid generating

✅ PREPA, FEMA, and Army Corps lead restoration work

✅ Privatization debate, Whitefish contract scrutiny

 

Nearly six months after Hurricane Maria decimated Puerto Rico, the island's electricity has been restored to 75 percent capacity, according to its utility company, a contrast to California power shutdowns implemented for different reasons.

The Puerto Rico Electric Power Authority said Sunday that 75.35 percent of customers now have electricity. It added that 90.8 percent of the electrical grid, already anemic even before the Sept. 20 storm barrelled through the island, is generating power again, though demand dynamics can vary widely as seen in Spain's power demand during lockdowns.

Thousands of power restoration personnel made up of the Puerto Rico Electric Power Authority (PREPA), the Federal Emergency Management Agency (FEMA), industry workers from the mainland, and the Army Corps of Engineers have made marked progress in recent weeks, even as California power shutoffs highlight grid risks elsewhere.

Despite this, 65 people in shelters and an island-wide boil water advisory is still in effect even though almost 100 percent of Puerto Ricans have access to drinking water, local government records show.

The issue of power became controversial after Puerto Rico Gov. Ricardo Rossello recently announced plans to privatize PREPA after it chose to allocate a $300 million power restoration contract to Whitefish, a Montana-based company with only a few staffers, rather than put it through the mutual-aid network of public utilities usually called upon to coordinate power restoration after major disasters, and unlike investor-owned utilities overseen by regulators such as the Florida PSC on the mainland.

That contract was nixed and Whitefish stopped working in Puerto Rico after FEMA raised "significant concerns" over the procurement process, scrutiny mirrored by the fallout from Taiwan's widespread outage where the economic minister resigned.

 

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Trump's Pledge to Scrap Offshore Wind Projects

Trump Offshore Wind Pledge signals a push for deregulation over renewable energy, challenging climate policy, green jobs, and coastal development while citing marine ecosystems, navigation, and energy independence amid state-federal permitting and legal hurdles.

 

Key Points

Trump's vow to cancel offshore wind projects favors deregulation and fossil fuels, impacting climate policy and jobs.

✅ Day-one plan to scrap offshore wind leases and permits

✅ Risks to renewable targets, grid mix, and coastal supply chains

✅ Likely court fights and state-federal regulatory conflicts

 

During his tenure as President of the United States, Donald Trump made numerous promises and policy proposals, many of which sparked controversy and debate. One such pledge was his vow to scrap offshore wind projects on "day one" of his presidency. This bold statement, while appealing to certain interests, raised concerns about its potential impact on U.S. offshore wind growth and environmental conservation efforts.

Trump's opposition to offshore wind projects stemmed from various factors, including his skepticism towards renewable energy, even as forecasts point to a $1 trillion offshore wind market in coming years, concerns about aesthetics and property values, and his focus on promoting traditional energy sources like coal and oil. Throughout his presidency, Trump prioritized deregulation and sought to roll back environmental policies introduced by previous administrations, arguing that they stifled economic growth and hindered American energy independence.

The prospect of scrapping offshore wind projects drew mixed reactions from different stakeholders. Supporters of Trump's proposal pointed to potential benefits such as preserving scenic coastal landscapes, protecting marine ecosystems, and addressing concerns about navigational safety and national security. Critics, however, raised valid concerns about the implications of such a decision on the renewable energy sector, including progress toward getting 1 GW on the grid nationwide, climate change mitigation efforts, and job creation in the burgeoning green economy.

Offshore wind energy has emerged as a promising source of clean, renewable power with the potential to reduce greenhouse gas emissions and diversify the energy mix. Countries like Denmark, the United Kingdom, and Germany have made significant investments in offshore wind in Europe, demonstrating its viability as a sustainable energy solution. In the United States, offshore wind projects have gained traction in states like Massachusetts, New York, and New Jersey, where coastal conditions are conducive to wind energy generation.

Trump's pledge to scrap offshore wind projects on "day one" of his presidency raised questions about the feasibility and legality of such a move. While the president has authority over certain aspects of energy policy and regulatory oversight, the development of offshore wind projects often involves multiple stakeholders, including state governments, local communities, private developers, and federal agencies, and actions such as Interior's move on Vineyard Wind illustrate federal leverage in permitting. Any attempt to halt or reverse ongoing projects would likely face legal challenges and regulatory hurdles, potentially delaying or derailing implementation.

Moreover, Trump's stance on offshore wind projects reflected broader debates about the future of energy policy, environmental protection, and economic development. While some argued for prioritizing fossil fuel extraction and traditional energy infrastructure, others advocated for a transition towards clean, renewable energy sources, drawing on lessons from the U.K. about wind deployment, to mitigate climate change and promote sustainable development. The Biden administration, which succeeded the Trump presidency, has signaled a shift towards a more climate-conscious agenda, including support for renewable energy initiatives and commitments to rejoin international agreements like the Paris Climate Accord.

In hindsight, Trump's pledge to scrap offshore wind projects on "day one" of his presidency underscores the complexities of energy policy and the importance of balancing competing interests and priorities. While concerns about aesthetics, property values, and environmental impact are valid, addressing the urgent challenge of climate change requires bold action and innovation in the energy sector. Offshore wind energy presents an opportunity, as seen in the country's biggest offshore wind farm approved in New York, to harness the power of nature in a way that is both environmentally responsible and economically beneficial. As the United States navigates its energy future, finding common ground and forging partnerships will be essential to ensure a sustainable and prosperous tomorrow.

 

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"Everything Electric" Returns to Vancouver

Everything Electric Vancouver spotlights EV innovation, electric vehicles, charging infrastructure, battery technology, autonomous driving, and sustainability, with test drives, consumer education, and incentives accelerating mainstream adoption and shaping the future of clean transportation.

 

Key Points

Everything Electric Vancouver is a premier EV expo for vehicles, charging tech, and clean mobility solutions.

✅ New EV models: better range, battery tech, autonomous features

✅ Focus on charging networks: ultra-fast and home solutions

✅ Consumer education: test drives, incentives, ownership costs

 

Vancouver has once again become the epicenter of electric vehicle (EV) innovation with the return of the "Everything Electric" event. This prominent showcase, as reported by Driving.ca, highlights the accelerating shift towards electric mobility, echoing momentum seen at the Quebec Electric Vehicle Show and the growing role of EVs in shaping the future of transportation. The event, held at the Vancouver Convention Centre, provided a comprehensive look at the latest advancements in electric vehicles, infrastructure, and technologies, drawing attention from industry experts, enthusiasts, and consumers alike.

A Showcase of Electric Mobility

"Everything Electric" has established itself as a key platform for unveiling new electric vehicles and technologies. This year’s event was no exception, featuring a diverse range of electric vehicles from leading manufacturers. Attendees had the opportunity to explore a wide array of models, from sleek sports cars and luxury sedans to practical SUVs and compact city cars. The showcase underscored the significant progress in EV design, performance, and affordability, reflecting a broader trend towards mainstream adoption of electric mobility.

One of the highlights of this year’s event was the unveiling of several cutting-edge electric models. Automakers used the platform to debut their latest innovations, including enhanced battery technologies, improved range capabilities, and advanced autonomous driving features. This not only demonstrated the rapid evolution of electric vehicles but also underscored the commitment of the automotive industry to addressing environmental concerns and meeting consumer demands for sustainable transportation solutions.

Expanding Charging Infrastructure

Beyond showcasing vehicles, "Everything Electric" also emphasized the critical role of charging infrastructure in supporting the growth of electric mobility. The event featured exhibits on the latest developments in charging technology, including ultra-fast chargers, innovative home charging solutions, and corridor networks such as B.C.'s Electric Highway that connect communities. With the increasing number of electric vehicles on the road, expanding and improving charging infrastructure is essential for ensuring convenience and reducing range anxiety among EV owners.

Industry experts and policymakers discussed strategies for accelerating the deployment of charging stations and integrating them into urban planning, while considering the B.C. Hydro bottleneck projections as demand grows. The event highlighted initiatives aimed at expanding public charging networks, particularly in underserved areas, and improving the overall user experience. As electric vehicles become more prevalent, the development of a robust and accessible charging infrastructure will be crucial for supporting their widespread adoption.

Driving Innovation and Sustainability

"Everything Electric" also served as a platform for discussions on the broader impact of electric vehicles on sustainability and innovation. Panels and presentations explored topics such as the environmental benefits of reducing greenhouse gas emissions, the role of renewable energy in powering EVs, insights from the evolution of U.S. EV charging infrastructure, and advancements in battery recycling and second-life applications. The event underscored the interconnected nature of electric mobility and sustainability, highlighting how innovations in one area can drive progress in others.

The emphasis on sustainability was evident throughout the event, with many exhibitors showcasing eco-friendly technologies and practices. From energy-efficient manufacturing processes to sustainable materials used in vehicle interiors, the event highlighted the automotive industry's efforts to reduce its environmental footprint and contribute to a more sustainable future.

Consumer Engagement and Education

A key aspect of "Everything Electric" was its focus on consumer engagement and education. The event offered test drives and interactive demonstrations, mirroring interest at the Regina EV event as well, allowing attendees to experience firsthand the benefits and performance of electric vehicles. This hands-on approach helped demystify electric mobility for many consumers and provided valuable insights into the practical aspects of owning and operating an EV.

In addition to vehicle demonstrations, the event featured workshops and informational sessions on topics such as EV financing, government incentives, and the benefits of transitioning to electric vehicles, reflecting how EVs in southern Alberta are a growing topic today. These educational opportunities were designed to empower consumers with the knowledge they need to make informed decisions about adopting electric mobility.

Looking Ahead

The successful return of "Everything Electric" to Vancouver highlights the growing importance of electric vehicles in the automotive landscape. As the event demonstrated, the electric vehicle market is rapidly evolving, with new technologies and innovations driving progress towards a more sustainable future. The increased focus on charging infrastructure, sustainability, and consumer education reflects a comprehensive approach to supporting the transition to electric mobility, exemplified by B.C.'s charging expansion across the province.

As Canada continues to advance its climate goals and promote sustainable transportation, events like "Everything Electric" play a crucial role in showcasing the possibilities and driving forward the adoption of electric vehicles. With ongoing advancements and increased consumer interest, the future of electric mobility in Vancouver and beyond looks increasingly promising.

 

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B.C. electricity demand hits an all-time high

BC Hydro Peak Electricity Demand reached a record 10,902 megawatts during a cold snap, driven by home heating. Peak hours surged; load shifting and energy conservation can ease strain on the grid and lower bills.

 

Key Points

Record winter peak of 10,902 MW, set during a cold snap, largely from home heating demand at peak hours.

✅ All-time high load: 10,902 MW between 5 and 6 p.m., Dec. 27.

✅ Cold snap increased home heating demand during peak hours.

✅ Shift laundry and dishwashers off-peak; use programmable thermostats.

 

BC Hydro says the province set a new record for peak electricity demand on Monday as temperatures hit extreme lows, and Quebec shattered consumption records during similar cold weather.

Between 5 and 6 p.m. on Dec. 27, demand for electricity hit an all-time high of 10,902 megawatts, which is higher than the previous record of 10,577 megawatts set in 2020, and follows a record-breaking year in 2021 for the utility.

“The record represents a single moment in the hour when demand for electricity was the highest yesterday,” says Simi Heer, BC Hydro spokesperson, in a statement. “Most of the increase is likely due to additional home heating required during this cold snap.”

In addition to the peak demand record on Monday, BC Hydro has observed an overall increase in electricity demand since Friday, and has noted that cryptocurrency mining electricity use is an emerging load in the province as well. Monday’s hourly peak demand was 18 per cent higher than Friday’s, while Calgary's electricity use soared during a frigid February, underscoring how cold snaps strain regional grids.

“BC Hydro has enough supply options in place to meet increasing electricity demand,” adds Heer, and pointed to customer supports like a winter payment plan for households managing higher bills. “However, if British Columbians want to help ease some of the demand on the system during peak times, we encourage shifting activities like doing laundry or running dishwashers to earlier in the day or later in the evening.”

BC Hydro is also offering energy conservation tips for people looking to lower their electricity use and their electricity bills, noting that Earth Hour once saw electricity use rise in the province:

Manage your home heating actively by turning the heat down when no one his home or when everyone is sleeping. Consider installing a programmable thermostat to automatically adjust temperatures at different times based on your family's activities, and remember that in warmer months wasteful air conditioning can add $200 to summer energy bills. BC Hydro recommends the following temperatures:

16 degrees Celsius when sleeping or away from home
21 degrees Celsius when relaxing, watching TV
18 degrees Celsius when doing housework or cleaning
 

 

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UK must start construction of large-scale storage or fail to meet net zero targets.

UK Hydrogen Storage Caverns enable long-duration, low-carbon electricity balancing, storing surplus wind and solar power as green hydrogen in salt formations to enhance grid reliability, energy security, and net zero resilience by 2035 and 2050.

 

Key Points

They are salt caverns storing green hydrogen to balance wind and solar, stabilizing a low-carbon UK grid.

✅ Stores surplus wind and solar as green hydrogen in salt caverns

✅ Enables long-duration, low-carbon grid balancing and security

✅ Complements wind and solar; reduces dependence on flexible CCS

 

The U.K. government must kick-start the construction of large-scale hydrogen storage facilities if it is to meet its pledge that all electricity will come from low-carbon electricity sources by 2035 and reach legally binding net zero targets by 2050, according to a report by the Royal Society.

The report, "Large-scale electricity storage," published Sep. 8, examines a wide variety of ways to store surplus wind and solar generated electricity—including green hydrogen, advanced compressed air energy storage (ACAES), ammonia, and heat—which will be needed when Great Britain's electricity generation is dominated by volatile wind and solar power.

It concludes that large scale electricity storage is essential to mitigate variations in wind and sunshine, particularly long-term variations in the wind, and to keep the nation's lights on. Storing most of the surplus as hydrogen, in salt caverns, would be the cheapest way of doing this.

The report, based on 37 years of weather data, finds that in 2050 up to 100 Terawatt-hours (TWh) of storage will be needed, which would have to be capable of meeting around a quarter of the U.K.'s current annual electricity demand. This would be equivalent to more than 5,000 Dinorwig pumped hydroelectric dams. Storage on this scale, which would require up to 90 clusters of 10 caverns, is not possible with batteries or pumped hydro.

Storage requirements on this scale are not currently foreseen by the government, and the U.K.'s energy transition faces supply delays. Work on constructing these caverns should begin immediately if the government is to have any chance of meeting its net zero targets, the report states.

Sir Chris Llewellyn Smith FRS, lead author of the report, said, "The need for long-term storage has been seriously underestimated. Demand for electricity is expected to double by 2050 with the electrification of heat, transport, and industrial processing, as well as increases in the use of air conditioning, economic growth, and changes in population.

"It will mainly be met by wind and solar generation. They are the cheapest forms of low-carbon electricity generation, but are volatile—wind varies on a decadal timescale, so will have to be complemented by large scale supply from energy storage or other sources."

The only other large-scale low-carbon sources are nuclear power, gas with carbon capture and storage (CCS), and bioenergy without or with CCS (BECCS). While nuclear and gas with CCS are expected to play a role, they are expensive, especially if operated flexibly.

Sir Peter Bruce, vice president of the Royal Society, said, "Ensuring our future electricity supply remains reliable and resilient will be crucial for our future prosperity and well-being. An electricity system with significant wind and solar generation is likely to offer the lowest cost electricity but it is essential to have large-scale energy stores that can be accessed quickly to ensure Great Britain's energy security and sovereignty."

Combining hydrogen with ACAES, or other forms of storage that are more efficient than hydrogen, could lower the average cost of electricity overall, and would lower the required level of wind power and solar supply.

There are currently three hydrogen storage caverns in the U.K., which have been in use since 1972, and the British Geological Survey has identified the geology for ample storage capacity in Cheshire, Wessex and East Yorkshire. Appropriate, novel business models and market structures will be needed to encourage construction of the large number of additional caverns that will be needed, the report says.

Sir Chris observes that, although nuclear, hydro and other sources are likely to play a role, Britain could in principle be powered solely by wind power and solar, supported by hydrogen, and some small-scale storage provided, for example, by batteries, that can respond rapidly and to stabilize the grid. While the cost of electricity would be higher than in the last decade, we anticipate it would be much lower than in 2022, he adds.

 

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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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