BC Hydro “safety” searches viewed as creeping jackboots

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

Related News

• Electricity Forum News

• Energy Policy News

Tesla Electric UK Expansion signals retail energy entry, leveraging Powerwall VPPs for grid services, dynamic pricing, and energy trading, building on Texas success and Octopus Energy ties to buy and sell electricity automatically.

Key Points

Tesla's plan to launch Tesla Electric in the UK, using Powerwall VPPs to retail energy, trade power, and hedge peaks.

✅ Retail energy model built on Powerwall VPP aggregation

✅ Automated buy-sell arbitrage with dynamic pricing

✅ Leverages prior UK approval and Octopus Energy ties

According to a new job posting, Tesla Electric, Tesla’s new electric utility division, is preparing to expand in the United Kingdom as regions such as California grid planners look to electric vehicles for stability to manage demand.

Late last year, after gaining experience through its virtual power plants (VPPs), including response during California blackouts that pressured the grid, Tesla took things a step further with the launch of “Tesla Electric.”

Instead of reacting to specific “events” and providing services to your local electric utilities through demand response programs, as Tesla Powerwall owners have done in VPPs in California, Tesla Electric is actively and automatically buying and selling electricity for Tesla Powerwall owners – providing a buffer against peak prices.

The company is essentially becoming an energy retailer, aligning with a major future for its energy business envisioned by leadership.

Tesla Electric is currently only available to Powerwall owners in Texas, but the company has plans to expand its products through this new division.

We recently reported on Tesla Electric customers in Texas making as much as $150 a day selling electricity back to the grid through the program.

Now Tesla is looking to expand Tesla Electric to the UK, where grid capacity for rising EV demand remains a key consideration.

The company has listed a new job posting for a role called “Head of Operations, Tesla Electric – Retail Energy.”

This has been in the works for a while now. Tesla used to have a partnership with Octopus Energy in the UK for special electricity rates for its owners, during a period when UK EV inquiries surged amid a fuel supply crisis, but it seemed to be a stepping stone before it would itself become an energy provider in the market.

In 2020, Tesla was officially approved as an electricity retailer in the UK. Now it looks like Tesla is going to use this approval with the launch of Tesla Electric.
 

Related News

• Electricity Forum News

• EV Infrastructure News

U.S. Grid Modernization is critical for renewable energy integration, EV adoption, climate resilience, and reliability, requiring transmission upgrades, inter-regional links, hardened substations, and smart grid investments to handle extreme weather and decarbonization targets.

Key Points

U.S. Grid Modernization upgrades power networks to improve reliability, integrate renewables, and support EV demand.

✅ $2T+ investment needed for transmission upgrades

✅ Extreme weather doubling outages since 2017

✅ Regulatory fragmentation slows inter-regional lines

After decades of struggle, the U.S. clean-energy business is booming, with soaring electric-car sales and fast growth in wind and solar power. That’s raising hopes for the fight against climate change.

All this progress, however, could be derailed, as the green revolution stalls without a massive overhaul of America’s antiquated electric infrastructure – a task some industry experts say requires more than $2 trillion. The current network of transmission wires, substations and transformers is decaying with age and underinvestment, a condition highlighted by catastrophic failures during increasingly frequent and severe weather events.

Power outages over the last six years have more than doubled in number compared to the previous six years, according to a Reuters examination of federal data. In the past two years, power systems have collapsed in Gulf Coast hurricanes, West Coast wildfires, Midwest heat waves and a Texas deep freeze and recurring Texas grid crisis risks, causing long and sometimes deadly outages.

Compounding the problem, the seven regional grid operators in the United States are underestimating the growing threat of severe weather caused by climate change, Reuters found in a review of more than 10,000 pages of regulatory documents and operators’ public disclosures. Their risk models, used to guide transmission-network investments, consider historical weather patterns extending as far back as the 1970s. None account for scientific research documenting today’s more extreme weather and how it can disrupt grid generation, transmission and fuel supplies simultaneously.

The decrepit power infrastructure of the world’s largest economy is among the biggest obstacles to expanding clean energy and combating climate change on the ambitious schedule laid out by U.S. President Joe Biden. His administration promises to eliminate or offset carbon emissions from the power sector by 2035 and from the entire U.S. economy by 2050. Such rapid clean-energy growth would pressure the nation’s grid in two ways: Widespread EV adoption will spark a huge surge in power demand; and increasing dependence on renewable power creates reliability problems on days with less sun or wind, as seen in Texas, where experts have outlined reliability improvements that address these challenges.

The U.S. transmission network has seen outages double in recent years amid more frequent and severe weather events, driven by climate change and a utility supply-chain crunch that slows critical repairs. The system needs a massive upgrade to handle expected growth in clean energy and electric cars. 

“Competition from renewables is being strangled without adequate and necessary upgrades to the transmission network,” said Simon Mahan, executive director of the Southern Renewable Energy Association, which represents solar and wind companies.

The federal government, however, lacks the authority to push through the massive grid expansion and modernization needed to withstand wilder weather and accommodate EVs and renewable power. Under the current regulatory regime, and amid contentious electricity pricing proposals in recent years, the needed infrastructure investments are instead controlled by a Byzantine web of local, state and regional regulators who have strong political incentives to hold down spending, according to Reuters interviews with grid operators, federal and state regulators, and executives from utilities and construction firms.

“Competition from renewables is being strangled without adequate and necessary upgrades to the transmission network.”

Paying for major grid upgrades would require these regulators to sign off on rate increases likely to spark strong opposition from consumers and local and state politicians, who are keen to keep utility bills low. In addition, utility companies often fight investments in transmission-network improvements because they can result in new connections to other regional grids that could allow rival companies to compete on their turf, even as coal and nuclear disruptions raise brownout risks in some regions. With the advance of green energy, those inter-regional connections will become ever more essential to move power from far-flung solar and wind installations to population centers.

The power-sharing among states and regions with often conflicting interests makes it extremely challenging to coordinate any national strategy to modernize the grid, said Alison Silverstein, an independent industry consultant and former senior adviser to the U.S. Federal Energy Regulatory Commission (FERC).

“The politics are a freakin’ nightmare,” she said.

The FERC declined to comment for this story. FERC Commissioner Mark Christie, a Republican, acknowledged the limitations of the agency’s power over the U.S. grid in an April 21 agency meeting involving transmission planning and costs.

“We can’t force states to do anything,” Christie said.

The White House and Energy Department did not comment in response to detailed questions from Reuters on the Biden administration’s plans to tackle U.S. grid problems and their impact on green-energy expansion.

The administration said in an April news release that it plans to offer $2.5 billion in grants for grid-modernization projects as part of Biden’s $1 trillion infrastructure package, complementing a proposed clean electricity standard to accelerate decarbonization over the next decade. A modernized grid, the release said, is the “linchpin” of Biden’s clean-energy agenda.

Related News

• Electricity Forum News

• Energy Policy News

Vancouver Natural Gas Ban Reversal spotlights energy policy, electrification tradeoffs, heat pumps, emissions, grid reliability, and affordability, reshaping building codes and decarbonization pathways while inviting stakeholders to weigh practical constraints and climate goals.

Key Points

Vancouver ending its ban on natural gas in new homes to balance climate goals with reliability, costs, and technology.

✅ Balances emissions goals with reliability and affordability

✅ Impacts builders, homeowners, and energy infrastructure

✅ Spurs debate on electrification, heat pumps, and grid capacity

In a significant policy shift, Vancouver has decided to lift its ban on natural gas appliances in new homes, a move that marks a pivotal moment in the city's energy policy and environmental strategy. This decision, announced recently and following the city's Clean Energy Champion recognition for Bloedel upgrades, has sparked a broader conversation about the future of energy systems and the balance between environmental goals and practical energy needs. Stewart Muir, CEO of Resource Works, argues that this reversal should catalyze a necessary dialogue on energy choices, highlighting both the benefits and challenges of such a policy change.

Vancouver's original ban on natural gas appliances was part of a broader initiative aimed at reducing greenhouse gas emissions and promoting sustainability, including progress toward phasing out fossil fuels where feasible over time. The city had adopted stringent regulations to encourage the use of electric heat pumps and other low-carbon technologies in new residential buildings. This move was aligned with Vancouver’s ambitious climate goals, which include achieving carbon neutrality by 2050 and significantly cutting down on fossil fuel use.

However, the recent decision to reverse the ban reflects a growing recognition of the complexities involved in transitioning to entirely new energy systems. The city's administration acknowledged that while electric alternatives offer environmental benefits, they also come with challenges that can affect homeowners, builders, and the broader energy infrastructure, including options for bridging the electricity gap with Alberta to enhance regional reliability.

Stewart Muir argues that Vancouver’s policy shift is not just about natural gas appliances but represents a larger conversation about energy system choices and their implications. He suggests that the reversal of the ban provides an opportunity to address key issues related to energy reliability, affordability, and the practicalities of integrating new technologies, including electrified LNG options for industry within the province into existing systems.

One of the primary reasons behind the reversal is the recognition of the practical limitations and costs associated with transitioning to electric-only systems. For many homeowners and builders, natural gas appliances have long been a reliable and cost-effective option. The initial ban on these appliances led to concerns about increased construction costs and potential disruptions for homeowners who were accustomed to natural gas heating and cooking.

In addition to cost considerations, there are concerns about the reliability and efficiency of electric alternatives. Natural gas has been praised for its stable energy supply and efficient performance, especially in colder climates where electric heating systems might struggle to maintain consistent temperatures or fully utilize Site C's electricity under peak demand. By reversing the ban, Vancouver acknowledges that a one-size-fits-all approach may not be suitable for every situation, particularly when considering diverse housing needs and energy demands.

Muir emphasizes that the reversal of the ban should prompt a broader discussion about how to balance environmental goals with practical energy needs. He argues that rather than enforcing a blanket ban on specific technologies, it is crucial to explore a range of solutions that can effectively address climate objectives while accommodating the diverse requirements of different communities and households.

The debate also touches on the role of technological innovation in achieving sustainability goals. As energy technologies continue to evolve, renewable electricity is coming on strong and new solutions and advancements could potentially offer more efficient and environmentally friendly alternatives. The conversation should include exploring these innovations and considering how they can be integrated into existing energy systems to support long-term sustainability.

Moreover, Muir advocates for a more inclusive approach to energy policy that involves engaging various stakeholders, including residents, businesses, and energy experts. A collaborative approach can help identify practical solutions that address both environmental concerns and the realities of everyday energy use.

In the broader context, Vancouver’s decision reflects a growing trend in cities and regions grappling with energy transitions. Many urban centers are evaluating their energy policies and considering adjustments based on new information and emerging technologies. The key is to find a balance that supports climate goals such as 2050 greenhouse gas targets while ensuring that energy systems remain reliable, affordable, and adaptable to changing needs.

As Vancouver moves forward with its revised policy, it will be important to monitor the outcomes and assess the impacts on both the environment and the community. The reversal of the natural gas ban could serve as a case study for other cities facing similar challenges and could provide valuable insights into how to navigate the complexities of energy transitions.

In conclusion, Vancouver’s decision to reverse its ban on natural gas appliances in new homes is a significant development that opens the door for a critical dialogue about energy system choices. Stewart Muir’s call for a broader conversation emphasizes the need to balance environmental ambitions with practical considerations, such as cost, reliability, and technological advancements. As cities continue to navigate their energy futures, finding a pragmatic and inclusive approach will be essential in achieving both sustainability and functionality in energy systems.

Related News

• Electricity Forum News

• Climate Change News

Pickering Nuclear Plant Extension faces CNSC approval as Ontario Power Generation pursues license renewal before the June 30, 2023 deadline, amid a 2025 capacity crunch and grid reliability risks from decommissioning and overlapping nuclear outages.

Key Points

A plan to run Pickering past 2024 to Sept 2026, pending CNSC license renewal to address Ontario's 2025 capacity gap.

✅ CNSC approval needed for operation beyond Dec 31, 2024

✅ OPG aims to file by June 30, 2023 deadline

✅ Extension targets grid reliability through 2026

Ontario’s electricity generator has yet to file an official application to extend the life of the Pickering nuclear power plant, more than eight months after the Ford government announced a plan to continue operating Pickering for longer.

As the province faces an electricity shortfall in 2025 and beyond, the Ford government scrambled to prolong the Pickering power plant until September 2026, in order to guarantee a steady supply of power as the province experiences a rise in demand and shutdowns at other nuclear power plants.

The life extension may come down to the wire, however, as the Canadian Nuclear Safety Commission (CNSC), the federal regulator tasked with approving or denying the extension, tells Global News the province has yet to file key paperwork.

The information is required for the application, including materials related to the proposed Pickering B refurbishment, and the government now has a month before the deadline runs out.

“The Commission requires that Ontario Power Generation submit specific information by June 30, 2023, if it intends to operate the Pickering Nuclear Generating Station beyond December 31, 2024,” the CNSC told Global News in a statement. “The Commission Registry has not yet received an application from Ontario Power Generation.”

If Ontario doesn’t receive the green light, the power plant which currently is responsible for 14 per cent of the province’s energy grid will be decommissioned in 2025, leaving the province with a significant electricity supply gap if replacement sources are not secured.

For its part, the Ford government doesn’t seem concerned about the impending timeline, even though the station was slated to close as planned, suggesting the Crown corporation responsible for the application will get it in on time.

“OPG is on track to submit their application before the end of June and has already started to submit supporting materials as part of the regulatory process toward clean power goals,” a spokesperson for energy minister Todd Smith said.

Related News

• Electricity Forum News

• Power Generation News

Kentucky Tornado Recovery details Mayfield damage, death toll, power outages, boil-water advisories, shelter operations, and emergency response across five states, as crews restore infrastructure, locate missing persons, and support displaced families in frigid temperatures.

Key Points

Overview of restoring utilities, repairing infrastructure, and sheltering survivors after Kentucky's tornado disaster.

✅ Power, water, and gas outages persist; boil-water advisories in effect.

✅ Mayfield hardest hit; factory casualties lower than first feared.

✅ Shelter provided in state park lodges; long-term recovery expected.

Residents of Kentucky counties where tornadoes killed several dozen people could be without heat, water or electricity in frigid temperatures for weeks or longer, state officials warned Monday, and experiences abroad like Kyiv's difficult winter underscore the risks as the toll of damage and deaths came into clearer focus in five states slammed by the swarm of twisters.

Authorities are still tallying the devastation from Friday's storms, though they believe the death toll will be lower than initially feared since it appeared many more people escaped a candle factory in Mayfield, Ky., than first thought.

At least 88 people — including 74 in Kentucky — were killed by the tornados which also destroyed a nursing home in Arkansas, heavily damaged an Amazon distribution centre in Illinois and spread their deadly effects into Tennessee and Missouri, while ongoing nuclear worker safety concerns highlighted vulnerabilities across critical facilities. Another 105 people were still unaccounted for in Kentucky as of Monday afternoon, Gov. Andy Beshear said.

As searches continued for those still missing, efforts also turned to repairing the power grid, downed line safety education, sheltering those whose homes were destroyed and delivering drinking water and other supplies.

"We're not going to let any of our families go homeless," Beshear said in announcing that lodges in state parks were being used to provide shelter.

In Bowling Green, Ky., 11 people died on the same street, including two infants found among the bodies of five relatives near a residence, Warren County coroner Kevin Kirby said. 

In Mayfield, one of the hardest hit towns, those who survived faced a high around 10 C and a low below freezing Monday without any utilities, and awareness of power strip fire risks is critical as residents turn to makeshift heating and power.

"Our infrastructure is so damaged. We have no running water. Our water tower was lost. Our waste water management was lost, and there's no natural gas to the city. So we have nothing to rely on there," Mayfield Mayor Kathy Stewart O'Nan said on CBS Mornings. "So that is purely survival at this point for so many of our people."

Across the state, about 26,000 homes and businesses were without electricity, according to poweroutage.us, including nearly all of those in Mayfield, and the U.S. grid warning during the pandemic underscored vulnerabilities in critical infrastructure.

More than 10,000 homes and businesses have no water, and another 17,000 are under boil-water advisories, Kentucky Emergency Management Director Michael Dossett told reporters.

Dossett warned that full recovery in the hardest-hit places could take not just months, but years, noting that utilities have at times contemplated on-site staffing to maintain operations during crises.

At least 74 people have been confirmed dead across Kentucky after tornadoes tore through the state, leaving some communities nearly totally destroyed and many residents wondering if they can afford to rebuild. 2:22
"This will go on for years to come," he said. 

Amid broader economic strain, recent debates over Kentucky miners' pay highlight ongoing financial vulnerabilities for workers affected by disasters as well.

Authorities are still trying to determine the total number of dead, and the storms made door-to-door searches impossible in some places. "There are no doors," said Beshear.

"We're going to have over 1,000 homes that are gone, just gone," he said.

Beshear had said Sunday morning that the state's toll could exceed 100. But he later said it might be as low as 50.

'Then he was gone'
Initially as many as 70 people were feared dead in the candle factory in Mayfield, but the company said Sunday that eight were confirmed dead and eight remained missing, while more than 90 others had been located.

"Many of the employees were gathered in the tornado shelter and after the storm was over they left the plant and went to their homes," said Bob Ferguson, a spokesman for the company. "With the power out and no landline they were hard to reach initially. We're hoping to find more of those eight unaccounted as we try their home residences."

Related News

• Electricity Forum News

• Workforce Safety News