Lawsuit may force PGE to close plant early

By Bend Bulletin


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Facing a Sierra Club lawsuit and heightened federal scrutiny of its Boardman coal-fired generating plant, Portland General Electric has drafted a much firmer proposal to close OregonÂ’s only coal plant by December 31, 2020, at least 20 years earlier than anticipated.

The new plan also tightens controls on sulfur dioxide pollution from 2018 to 2020. And it has backing from the Oregon Environmental Council, the CitizensÂ’ Utility Board and other groups, raising the possibility of ending a battle that has raged for years.

To secure the groupsÂ’ endorsements, PGE committed to working with them to try to find renewable replacement power, instead of just switching to natural gas.

The Department of Environmental Quality reopened its public comment period on its regional haze rule to consider PGEÂ’s latest proposal. The Environmental Quality Com- mission is expected to rule on BoardmanÂ’s required pollution controls in December.

Until PGEÂ’s latest offer, OregonÂ’s largest electric utility would have retained the option to install $500 million in pollution controls and keep operating through at least 2040, said Andy Ginsburg, DEQÂ’s air quality administrator.

The new offer, if approved by the Environmental Protection Agency, explicitly repeals the 2040 option in exchange for less pollution control — under $100 million — and closing early, Ginsburg said.

PGE could request the 2040 option again in coming years if the Sierra ClubÂ’s lawsuit or new federal rules upped the ante on pollution controls, a point the utility made clear in its offer to the DEQ. But the regulatory hurdles would be formidable, Ginsburg said.

“From a practical standpoint,” he said, “if the commission accepts this option, they’re going to be closing no later than 2020.”

Even with fewer controls, BoardmanÂ’s pollution over the rest of its operating life would be lower if it closed in 2020 than if PGE installed more controls and operated the plant through 2040, Ginsburg said.

The stakes are high. Boardman is OregonÂ’s largest generator of greenhouse gas emissions and haze- and smog-causing pollution that hampers visibility from Mount Hood to the Columbia River Gorge to Hells Canyon. The plant also supplies roughly 15 percent of PGEÂ’s generation, and relatively cheap coal helps it keep electric bills down.

The lawsuit from the Sierra Club, Friends of the Columbia Gorge and three other environmental groups alleges that PGE should have installed a full suite of pollution controls years ago, including a $300 million scrubber that would knock down sulfur dioxide emissions by at least 80 percent.

Earlier this month, the EPA backed up that assertion, issuing a notice of violation that accused PGE of operating the plant without adequate controls since 1998.

Attorney Aubrey Baldwin, who represents the environmental groups, said the notion of PGE pulling the 2040 option off the table is “kind of a myth” given the off-ramps in PGE’s new proposal. The Sierra Club wants PGE to close the plant earlier than 2020, perhaps as early as 2015.

“Ultimately, PGE is going to have to comply, whether that’s through a compromise or actual compliance with the Clean Air Act regulations as they’re written,” Baldwin said. Closing in 2020 “is not going to get them there.”

The Oregon Environmental Council signed on to PGEÂ’s latest proposal but was careful to say it wasnÂ’t ruling out a closure earlier than 2020.

Jana Gastellum, OECÂ’s global warming program director, said the council thinks PGEÂ’s removal of the 2040 option and its commitment to explore renewable alternatives is significant.

Given population growth, replacing Boardman solely with natural gas plants would still increase the stateÂ’s greenhouse gas emissions over time, she said.

PGE’s previous “low-carbon” alternative focused on politically untenable nuclear power. Other options include biomass, more efficient use of natural gas and wind power, and increased conservation, including more energy-efficiency upgrades in homes, industries and commercial buildings.

“If we just keep slapping up natural gas plants as a replacement and don’t maximize energy efficiency and renewables, over time we’ll get growth in emissions,” Gastellum said. “We’ve gotten climate change inserted into the conversation.”

Three other groups endorsed PGEÂ’s latest plan: the CitizensÂ’ Utility Board, Renewable Northwest Project and the Northwest Energy Coalition. Angus Duncan, founder and president of the Bonneville Environmental Foundation, also endorsed it.

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California avoids widespread rolling blackouts as heat strains power grid

California Heat Wave Grid Emergency sees CAISO issue Stage 3 alerts as record demand, extreme heat, and climate change strain renewable energy; conservation efforts avert rolling blackouts and protect grid reliability statewide.

 

Key Points

A grid emergency in California's heat wave, with CAISO Stage 3 alerts amid record demand and risk of rolling blackouts.

✅ CAISO triggered Stage 3 alerts, then downgraded by 8 pm PT

✅ Record 52,061 MW demand; conservation reduced grid stress

✅ Extreme heat and climate change heightened outage risks

 

California has avoided ordering rolling blackouts after electricity demand reached a record-high Tuesday night from excessive heat across the state, even as energy experts warn the U.S. grid faces mounting climate stresses. 

The California Independent System Operator, which oversees the state’s electrical grid, imposed its highest level energy emergency on Tuesday, a step that comes before ordering rolling blackouts and allows the state to access emergency power sources.

The Office of Emergency Services also sent a text alert to residents requesting them to conserve power. The operator downgraded the Stage 3 alert around 8:00 p.m. PT on Tuesday and said that “consumer conservation played a big part in protecting electric grid reliability,” and in bolstering grid resilience overall.

The state capital of Sacramento reached 116 degrees Fahrenheit on Tuesday, according to the National Weather Service, surpassing a record that was set almost 100 years ago. And nearly a half-dozen cities in the San Francisco Bay Area tied or set all-time highs, the agency said.

CAISO said peak power demand on Tuesday reached 52,061 megawatts, surpassing a previous high of 50,270 megawatts on July 24, 2006, while nearby B.C. electricity demand has also hit records during extreme weather.

While the operator did not order rolling blackouts, three Northern California cities saw brief power outages, and severe storms have caused similar disruptions statewide in recent months. As of 7:00 am PT on Wednesday, nearly 8,000 customers in California were without power, according to PowerOutage.us. 

Gov. Gavin Newsom, in a Twitter video on Tuesday, warned the temperatures across California were unprecedented and the state is headed into the worst part of the heat wave, which is on track to be the hottest and longest on record for September.

“The risk for outages is real and it’s immediate,” Newsom said. “These triple-digit temperatures throughout much of the state are leading, not surprisingly, to record demand on the energy grid.”

The governor urged residents to pre-cool their homes earlier in the day when more power is available and turn thermostats to 78 degrees or higher after 4:00 pm PT. “Everyone has to do their part to help step up for just a few more days,” Newsom said.

The possibility for widespread outages reflects how power grids in California and other states are becoming more vulnerable to climate-related disasters such as heat waves, storms and wildfires across California.

California, which has set a goal to transition to 100% carbon-free electricity by 2045, has shuttered a slew of gas power plants in the past few years, leaving the state increasingly dependent on solar energy.

At times, the state has produced a clean energy surplus during peak solar generation, underscoring the challenges of balancing supply and demand.

The megadrought in the American West has generated the driest two decades in the region in at least 1,200 years, and human-caused climate change has fueled the problem, scientists said earlier this year. Conditions will likely continue through 2022 and persist for years.

 

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The nuclear power dispute driving a wedge between France and Germany

Franco-German Nuclear Power Divide shapes EU energy policy, electricity market reform, and decarbonization strategies, as Paris backs reactors and state subsidies while Berlin prioritizes renewables, hydrogen, and energy security after Russian gas shocks.

 

Key Points

A policy rift over nuclear shaping EU market reform, subsidies, and the balance between reactors and renewables.

✅ Nuclear in EU targets vs. renewables-first strategy

✅ Market design disputes over long-term power prices

✅ Energy security after Russian gas; hydrogen definitions

 

Near the French village of Fessenheim, facing Germany across the Rhine, a nuclear power station stands dormant. The German protesters that once demanded the site’s closure have decamped, in a sign of Europe's nuclear decline, and the last watts were produced three years ago. 

But disagreements over how the plant from 1977 should be repurposed persist, speaking to a much deeper divide over nuclear power, which Eon chief's warning to Germany underscored, between the two countries on either side of the river’s banks.

German officials have disputed a proposal to turn it into a centre to treat metals exposed to low levels of radioactivity, Fessenheim’s mayor Claude Brender says. “They are not on board with anything that might in some way make the nuclear industry more acceptable,” he adds.

France and Germany’s split over nuclear power is a tale of diverging mindsets fashioned over decades, including since the Chernobyl disaster in USSR-era Ukraine. But it has now become a major faultline in a touchy relationship between Europe’s two biggest economies.

Their stand-off over how to treat nuclear in a series of EU reforms has consequences for how Europe plans to advance towards cleaner energy. It will also affect how the bloc secures power supplies as the region weans itself off Russian gas, even though nuclear would do little for the gas issue, and how it provides its industry with affordable energy to compete with the US and China. 

“There can be squabbles between partners. But we’re not in a retirement home today squabbling over trivial matters. Europe is in a serious situation,” says Eric-André Martin, a specialist in Franco-German relations at French think-tank IFRI. 

France, which produces two-thirds of its power from nuclear plants and has plans for more reactors, is fighting for the low-carbon technology to be factored into its targets for reducing emissions and for leeway to use state subsidies to fund the sector.

For Germany, which closed its last nuclear plants this year and, having turned its back on nuclear, has been particularly shaken by its former reliance on Russian gas, there’s concern that a nuclear drive will detract from renewable energy advances.

But there is also an economic subtext in a region still reeling from an energy crisis last year, reviving arguments for a needed nuclear option for climate in Germany, when prices spiked and laid bare how vulnerable households and manufacturers could become.

Berlin is wary that Paris would benefit more than its neighbours if it ends up being able to guarantee low power prices from its large nuclear output as a result of new EU rules on electricity markets, amid talk of a possible U-turn on the phaseout, people close to talks between the two countries say.

Ministers on both sides have acknowledged there is a problem. “The conflict is painful. It’s painful for the two governments as well as for our [EU] partners,” Sven Giegold, state secretary at the German economy and climate action ministry, where debates about whether a nuclear resurgence is possible persist, tells the Financial Times. 

Agnès Pannier-Runacher, France’s energy minister, says she wants to “get out of the realm of the emotional and move past the considerable misunderstandings that have accumulated in this discussion”.

In a joint appearance in Hamburg last week, German chancellor Olaf Scholz and French president Emmanuel Macron made encouraging noises over their ability to break the latest deadlock: a disagreement over the design of the EU’s electricity market. Ministers had been due to agree a plan in June but will now meet on October 17 to discuss the reform, aimed at stabilising long-term prices.

But the French and German impasse on nuclear has already slowed down debates on key EU policies such as rules on renewable energy and how hydrogen should be produced. Smaller member states are becoming impatient. The delay on the market design is “a big Franco-German show of incompetence again”, says an energy ministry official from another EU country who requested anonymity. 

 

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Court quashes government cancellation of wind farm near Cornwall

Nation Rise Wind Farm Ruling overturns Ontario cancellation, as Superior Court finds the minister's decision unreasonable; EDP Renewables restarts 100-megawatt project near Cornwall, citing jobs, clean energy, and procedural fairness over bat habitat concerns.

 

Key Points

Ontario court quashes cancellation, letting EDP Renewables finish 100 MW Nation Rise project and resume clean energy.

✅ Judges call minister's decision unreasonable, unfair

✅ EDP Renewables to restart construction near Cornwall

✅ 100 MW, 29 turbines; costs awarded, appeal considered

 

Construction of a wind farm in eastern Ontario, as wind power makes gains nationwide, will move ahead after a court quashed a provincial government decision to cancel the project.

In a ruling released Wednesday, a panel of Ontario Superior Court judges said the province's decision to scrap the Nation Rise Wind Farm in December 2019 did not meet the proper requirements.

At the time, Environment Minister Jeff Yurek revoked the approvals of the project near Cornwall, Ont., citing the risk to three bat species.

That decision came despite a ruling from the province's Environmental Review Tribunal that determined the risk the project posed to the bat population was negligible.

The judges said the minister's decision was "unreasonable" and "procedurally unfair."

"The decision does not meet requirements of transparency, justification, and intelligibility, as the Minister has failed to adequately explain his decision," the judges wrote in their decision.

The company behind the project, EDP Renewables, said the 29-turbine wind farm was almost complete when its approval was revoked in December, even as Alberta saw TransAlta scrap a wind farm in a separate development.

The company said Thursday it plans to restart construction on the 100-megawatt wind farm.

"EDPR is eager to recommence construction of the Nation Rise Wind Farm, which will bring much-needed jobs and investment to the community," the company said in a statement. "This delay has resulted in unnecessary expenditures to-date, at a time when governments and businesses should be focused on reducing costs and restarting the economy."

A spokesman for Yurek said the government is disappointed with the outcome of the case but did not comment on a possible appeal.

"At this time, we are reviewing the decision and are carefully considering our next steps," Andrew Buttigieg said in a statement.

NDP climate change critic Peter Tabuns said the court decision is an embarrassment for the minister and the government. He urged the government not to pursue an appeal.

Yurek "was found to have ignored the evidence and the facts," he said. "They didn't just lose, their case collapsed. They had nothing to stand on. Taking this to appeal would be a complete and total waste of money."

Green party Leader Mike Schreiner said the ruling proves the government was acting based on ideology over evidence when it revoked the project's approval.

"As we shift towards a post-COVID recovery, we need the Ford government to give up the irrational crusade against affordable and reliable clean energy," Schreiner said in a statement.

Last year, the NDP revealed the province had spent $231 million to cancel more than 750 renewable energy contracts, a move Ford said he was proud of, shortly after winning the 2018 election.

The Progressive Conservatives have blamed the previous Liberal government, as leadership candidates debate how to fix power, for signing the bad energy deals while the province had an oversupply of electricity.

The Ford government, amid a new stance on wind power, has also said that by cancelling the contracts it would ultimately save ratepayers $790 million -- a figure industry officials have disputed.

At the time of the wind farm cancellation, the government also said it would introduce legislation that would protect consumers from any costs incurred, though a developer warned cancellations could exceed $100M at the time.

It has since acknowledged it will have to pay some companies to cancel the deals and set aside $231 million to reach agreements with those firms, and more recently has moved to reintroduce renewable projects in some cases.

On Wednesday, the judges awarded Nation Rise $126,500 in costs, which the government will have to pay.

 

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Global use of coal-fired electricity set for biggest fall this year

Global Coal Power Decline 2019 signals a record fall in coal-fired electricity as China plateaus, India dips, and the EU and US accelerate renewables, curbing carbon emissions and advancing the global energy transition.

 

Key Points

A record 2019 drop in global coal power as renewables rise and demand slows across China, India, the EU, and the US.

✅ 3% global fall in coal-fired electricity in 2019.

✅ China plateaus; India declines for first time in decades.

✅ EU and US shift to renewables and gas, cutting emissions.

 

The world’s use of coal-fired electricity is on track for its biggest annual fall on record this year after more than four decades of near-uninterrupted growth that has stoked the global climate crisis.

Data shows that coal-fired electricity is expected to fall by 3% in 2019, or more than the combined coal generation in Germany, Spain and the UK last year and could help stall the world’s rising carbon emissions this year.

The steepest global slump on record is likely to emerge in 2019 as India’s reliance on coal power falls for the first time in at least three decades this year, and China’s coal power demand plateaus, reflecting the broader global energy transition underway.

Both developing nations are using less coal-fired electricity due to slowing economic growth in Asia as well as the rise of cleaner energy alternatives. There is also expected to be unprecedented coal declines across the EU and the US as developed economies turn to clean forms of energy such as low-cost solar power to replace ageing coal plants.

In almost 40 years the world’s annual coal generation has fallen only twice before: in 2009, in the wake of the global financial crisis, and in 2015, following a slowdown in China’s coal plants amid rising levels of deadly air pollution.

The research was undertaken by the Centre for Research on Energy and Clean Air , the Institute for Energy Economics and Financial Analysis and the UK climate thinktank Sandbag.

The researchers found that China’s coal-fired power generation was flatlining, despite an increase in the number of coal plants being built, because they were running at record low rates. China builds the equivalent of one large new coal plant every two weeks, according to the report, but its coal plants run for only 48.6% of the time, compared with a global utilisation rate of 54% on average.

The findings come after a report from Global Energy Monitor found that the number of coal-fired power plants in the world is growing, because China is building new coal plants five times faster than the rest of the world is reducing their coal-fired power capacity.

The report found that in other countries coal-fired power capacity fell by 8GW in the 18 months to June but over the same period China increased its capacity by 42.9GW.

In a paper for the industry journal Carbon Brief, the researchers said: “A 3% reduction in power sector coal use could imply zero growth in global CO2 emissions, if emissions changes in other sectors mirror those during 2018.”

However, the authors of the report have warned that despite the record coal power slump the world’s use of coal remained far too high to meet the climate goals of the Paris agreement, and some countries are still seeing increases, such as Australia’s emissions rise amid increased pollution from electricity and transport.

The US – which is backing out of the Paris agreement – has made the deepest cuts to coal power of any developed country this year by shutting coal plants down in favour of gas power and renewable energy, with utilities such as Duke Energy facing investor pressure to disclose climate plans. By the end of August the US had reduced coal by almost 14% over the year compared with the same months in 2018.

The EU reported a record slump in coal-fired electricity use in the first half of the year of almost a fifth compared with the same months last year. This trend is expected to accelerate over the second half of the year to average a 23% fall over 2019 as a whole. The EU is using less coal power in favour of gas-fired electricity – which can have roughly half the carbon footprint of coal – and renewable energy, helped by policies such as the UK carbon tax that have slashed coal-fired generation.

We will not stay quiet on the escalating climate crisis and we recognise it as the defining issue of our lifetimes. The Guardian will give global heating, wildlife extinction and pollution the urgent attention they demand. Our independence means we can interrogate inaction by those in power. It means Guardian reporting will always be driven by scientific facts, never by commercial or political interests.

We believe that the problems we face on the climate crisis are systemic and that fundamental societal change is needed. We will keep reporting on the efforts of individuals and communities around the world who are fearlessly taking a stand for future generations and the preservation of human life on earth. We want their stories to inspire hope. We will also report back on our own progress as an organisation, as we take important steps to address our impact on the environment.

 

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Summerland solar power project will provide electricity

Summerland Solar+Storage Project brings renewable energy to a municipal utility with photovoltaic panels and battery storage, generating 1,200 megawatts from 3,200 panels on Cartwright Mountain to boost grid resilience and local clean power.

 

Key Points

A municipal solar PV and battery system enabling Summerland Power to self-generate electricity on Cartwright Mountain.

✅ 3,200 panels, 20-year batteries, 35-year panel lifespan

✅ Estimated $7M cost, $6M in grants, utility reserve funding

✅ Site near grid lines; 2-year timeline with 18-month lead

 

A proposed solar energy project, to be constructed on municipally-owned property on Cartwright Mountain, will allow Summerland Power to produce some of its own electricity, similar to how Summerside's wind power supplies a large share locally.

On Monday evening, municipal staff described the Solar+Storage project, aligning with insights from renewable power developers that combining resources yields better projects.

The project will include around 3,200 solar panels and storage batteries, giving Summerland Power the ability to generate 1,200 megawatts of electrical power.

This is the amount of energy used by 100 homes over the course of a year.

The solar panels have an estimated life expectancy of 35 years, while the batteries have a life expectancy of 20 years.

“It’s a really big step for a small utility like ours,” said Tami Rothery, sustainability/alternative energy coordinator for Summerland. “We’re looking forward to moving towards a bright, sunny energy future.”

She said the price of solar panels has been dropping, with lower-cost solar contracts reported in Alberta, and the quality and efficiency of the panels has increased in recent years.

The total cost of the project is around $7 million, with $6 million to come from grant funding and the remainder to come from the municipality’s electrical utility reserve fund, while policy changes such as Nova Scotia's solar charge delay illustrate evolving market conditions.

The site, a former public works yard and storage area, was selected from 108 parcels of land considered by the municipality.

She said the site, vacant since the 1970s, is close to main electrical lines and will not be highly visible once the panels are in place, much like unobtrusive rooftop solar arrays in urban settings.

Access to the site is restricted, resulting in natural security to the solar installation.

Jeremy Storvold, general manager of Summerland’s electrical utility, said the site is 2.5 kilometres from the Prairie Valley electrical substation and close to the existing public works yard.

However, some in the audience on Monday questioned the location of the proposed solar installation, suggesting the site would be better suited for affordable housing in the community.

The timeline for the project calls for roughly two years before the work will be completed, since there is an 18-month lead time in order to receive good quality solar panels, reflecting the surge in Alberta's solar growth that is straining supply chains.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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.
 

 

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