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Nova Scotia Power Rate Increase Settlement faces UARB scrutiny as regulators weigh electricity rates, fuel costs, storm rider provisions, Bill 212 limits, and Muskrat Falls impacts on ratepayers and affordability for residential and industrial customers.

Key Points

A deal proposing 13.8% electricity hikes for 2023-2024, before the UARB, covering fuel costs, a storm rider, and Bill 212.

✅ UARB review may set different rates than the settlement

✅ Fuel cost prepayment and hedging incentives questioned

✅ Storm rider shifts climate risk onto ratepayers

Nova Scotia Premier Tim Houston is calling on provincial regulators to reject a settlement agreement between Nova Scotia Power and customer groups that would see electricity rates rise by nearly 14% electricity rate hike over the next two years.

"It is our shared responsibility to protect ratepayers and I can't state strongly enough how concerned I am that the agreement before you does not do that," Houston wrote in a letter to the Nova Scotia Utility and Review Board late Monday.

Houston urged the three-member panel to "set the agreement aside and reach its own conclusion on the aforementioned application."

"I do not believe, based on what I know, that the proposed agreement is in the best interest of ratepayers," he said.

The letter does not spell out what his Progressive Conservative government would do if the board accepts the settlement reached last week between Nova Scotia Power and lawyers representing residential, small business and large industrial customer classes.

Other groups also endorsed the deal, although Nova Scotia Power's biggest customer — Port Hawkesbury Paper — did not sign on.

'We're protecting the ratepayers'
Natural Resources Minister Tory Rushton said the province was not part of the negotiations leading up to the settlement.

"As a government or department we had no intel on those conversations that were taking place," he said Tuesday. "So, we saw the information the same as the public did late last week, and right now we're protecting the ratepayers of Nova Scotia, even though the province cannot order Nova Scotia Power to lower rates under current law. We want to make sure that that voice is still heard at the UARB level."

Rushton said he didn't want to presuppose what the UARB will say.

"But I think the premier's been very loud and clear and I believe I have been, too. The ratepayers are at the top of our mind. We have different tools at our [disposal] and we'll certainly do what we can and need to [do] to protect those ratepayers."

The settlement agreement
If approved by regulators, rates would rise by 6.9 per cent in 2023 and 6.9 per cent in 2024 — almost the same amount on the table when hearings before the review board ended in September.

The Houston government later intervened with legislation, known as Bill 212, that capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

In a statement announcing the agreement, Nova Scotia Power president Peter Gregg claimed the settlement adhered "to the direction provided by the provincial government through Bill 212."

Consumer advocate Bill Mahody, representing residential customers, told CBC News the proposed 13.8 per cent increase was "a reasonable rate increase given the revenue requirement that was testified to at the hearing."

Settlement 'remarkably' similar to NSP application
The premier disagrees, noting that the settlement and rate application that triggered the rate cap are "remarkably consistent."

He objects to the increased amount of fuel costs rolled into rates next year before the annual true up of actual fuel costs, which are automatically passed on to ratepayers.

"If Nova Scotia Power is effectively paid in advance, what motive do they have to hedge and mitigate the adjustment eventually required," Houston asked in his letter.

He also objected to the inclusion of a storm rider in rates to cover extreme weather, which he said pushed the risk of climate change on to ratepayers.

Premier second-guesses Muskrat Falls approval
Houston also second-guessed the board for approving Nova Scotia Power's participation in the Muskrat Falls hydro project in Labrador.

"The fact that Nova Scotians have paid over $500 million for this project with minimal benefit, and no one has been held accountable, is wrong," he said. "It was this board of the day that approved the contracts and entered the final project into rates."

Ratepayers are committed to paying $1.7 billion for the Maritime Link to bring the green source of electricity into the province, while rate mitigation talks in Newfoundland lack public details for their customers.

Although the Maritime Link was built on time and on budget by an affiliated company, only a fraction of Muskrat Falls hydro has been delivered because of ongoing problems in Newfoundland, including an 18% electricity rate hike deemed unacceptable by the province's consumer advocate.

"I find it remarkable that those contracts did not include different risk sharing mechanisms; they should have had provisions for issues in oversight of project management. Nevertheless, it was approved, and is causing significant harm to ratepayers in the form of increased rates."

Houston notes that because of non-delivery from Muskrat Falls, Nova Scotia Power has been forced to buy much more expensive coal to burn to generate electricity.

Opposition reaction
Opposition parties in Nova Scotia reacted to Houston's letter.

NDP Leader Claudia Chender dismissed it as bluster.

"It exposes his Bill 212 as not really helping Nova Scotians in the way that he said it would," she said. "Nothing in the settlement agreement contravenes that bill. But it seems that he's upset that he's been found out. And so here we are with another intervention in an independent regulatory body."

Liberal Leader Zach Churchill said the government should intervene to help ratepayers directly.

"We just think that it makes more sense to do that directly by supporting ratepayers through heating assistance, lump-sum electricity credits, rebate programs and expanding the eligibility for that or to provide funding directly to ratepayers instead of intervening in the energy market in this way," he said.

The premier's office said that no one was available when asked about an interview on Tuesday.

"The letter speaks for itself," the office responded.

Nova Scotia Power issued a statement Tuesday. It did not directly address Houston's claims.

"The settlement agreement is now with the NS Utility and Review Board," the utility said.

"The UARB process is designed to ensure customers are represented with strong advocates and independent oversight. The UARB will determine whether the settlement results in just and reasonable rates and is in the public interest."

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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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TransAlta Renewables US wind farms achieved commercial operation, adding 119 MW of wind energy capacity in Pennsylvania and New Hampshire, backed by PPAs with Microsoft, Partners Healthcare, and NHEC, and supported by tax equity financing.

Key Points

Two US wind projects totaling 119 MW, now online under PPAs and supported by tax equity financing.

✅ 119 MW online in Pennsylvania and New Hampshire

✅ PPAs with Microsoft, Partners Healthcare, and NHEC

✅ About USD 126 million raised via tax equity

TransAlta Renewables Inc says two US wind farms, with a total capacity of 119 MW and operated by its parent TransAlta Corp, became operational in December, amid broader build-outs such as Enel's 450-MW U.S. project coming online and, in Canada, Acciona's 280-MW Alberta wind farm advancing as well.

The 90-MW Big Level wind park in Pennsylvania started commercial operation on December 19. It sells power to technology giant Microsoft Corporation under a 15-year contract, reflecting big-tech procurement alongside Amazon's clean energy projects in multiple markets.

The 29-MW Antrim wind facility in New Hampshire is operational since December 24. It is selling power under 20-year contracts with Boston-based non-profit hospital and physicians network Partners Healthcare and New Hampshire Electric Co-op, mirroring East Coast activity at Amazon Wind Farm US East now fully operational.

The Canadian renewable power producer, which has economic interest in the two wind parks, said that upon their reaching commercial operations, it raised about USD 126 million (EUR 113m) of tax equity to partially fund the projects, as mega-deployments like Invenergy and GE's record North American project and capital plans such as a $200 million Alberta build by a Buffett-linked company underscore financing momentum.

"We continue to pursue additional growth opportunities, including potential drop-down transactions with TransAlta Corp," TransAlta Renewables president John Kousinioris commented.

The comment comes as TransAlta scrapped an Alberta wind project amid Alberta policy shifts.

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Canada Clean Electricity drives a net-zero grid by 2035, scaling renewables like wind, solar, and hydro, with storage, smart grids, interprovincial transmission, and electrification of vehicles, buildings, and industry to cut emissions and costs.

Key Points

Canada Clean Electricity is a shift to a net-zero grid by 2035 using renewables, storage, and smart grids to decarbonize

✅ Doubles non-emitting generation for electrified transport and heating

✅ Expands wind, solar, hydro with storage and smart-grid balancing

✅ Builds interprovincial lines and faster permitting with Indigenous partners

By Merran Smith and Mark Zacharias

Canada is an electricity heavyweight. In addition to being the world’s sixth-largest electricity producer and third-largest electricity exporter in the global electricity market today, Canada can boast an electricity grid that is now 83 per cent emission-free, not to mention residential electricity rates that are the cheapest in the Group of Seven countries.

Indeed, on the face of it, the country’s clean electricity system appears poised for success. With an abundance of sunshine and blustery plains, Alberta and Saskatchewan, the Prairie provinces most often cited for wind and solar, have wind- and solar-power potential that rivals the best on the continent. Meanwhile, British Columbia, Manitoba, Quebec, and Newfoundland and Labrador have long excelled at generating low-cost hydro power.

So it would only be natural to assume that Canada, with this solid head start and its generous geography, is already positioned to provide enough affordable clean electricity to power our much-touted net-zero and economic ambitions.

But the reality is that Canada, like most countries, is not yet prepared for a world increasingly committed to carbon neutrality, in part because demand for solar electricity has lagged, even as overall momentum grows.

The federal government’s forthcoming Clean Electricity Standard – a policy promised by the governing Liberals during the most recent election campaign and restated for an international audience by Prime Minister Justin Trudeau at the United Nations’ COP26 climate summit – would require all electricity in the country to be net zero by 2035 nationwide, setting a new benchmark. But while that’s an encouraging start, it is by no means the end goal. Electrification – that is, hooking up our vehicles, heating systems and industry to a clean electricity grid – will require Canada to produce roughly twice as much non-emitting electricity as it does today in just under three decades.

This massive ramp-up in clean electricity will require significant investment from governments and utilities, along with their co-operation on measures and projects such as interprovincial power lines to build an electric, connected and clean system that can deliver benefits nationwide. It will require energy storage solutions, smart grids to balance supply and demand, and energy-efficient buildings and appliances to cut energy waste.

While Canada has mostly relied on large-scale hydroelectric and nuclear power in the past, newer sources of electricity such as solar, wind, geothermal, and biomass with carbon capture and storage will, in many cases, be the superior option going forward, thanks to the rapidly falling costs of such technology and shorter construction times. And yet Canada added less solar and wind generation in the past five years than all but three G20 countries – Indonesia, Russia and Saudi Arabia, with some experts calling it a solar power laggard in recent years. That will need to change, quickly.

In addition, Canada’s Constitution places electricity policy under provincial jurisdiction, which has produced a patchwork of electricity systems across the country that use different energy sources, regulatory models, and approaches to trade and collaboration. While this model has worked to date, given our low consumer rates and high power reliability, collaborative action and a cohesive vision will be needed – not just for a 100-per-cent clean grid by 2035, but for a net-zero-enabling one by 2050.

Right now, it takes too long to move a clean power project from the proposal stage to operation – and far too long if we hope to attain a clean grid by 2035 and a net-zero-enabling one by 2050. This means that federal, provincial, territorial and Indigenous governments must work with rural communities and industry stakeholders to accelerate the approvals, financing and construction of clean energy projects and provide investor certainty.

In doing so, Canada can set a course to carbon neutrality while driving job creation and economic competitiveness, a transition many analyses deem practical and profitable in the long run. Our closest trading partners and many of the world’s largest companies and investors are demanding cleaner goods. A clean grid underpins clean production, just as it underpins our climate goals.

The International Energy Agency estimates that, for the world to reach net zero by 2050, clean electricity generation worldwide must increase by more than 2.5 times between today and 2050. Countries are already plotting their energy pathways, and there is much to learn from each other.

Consider South Australia. The state currently gets 62 per cent of its electricity from wind and solar and, combined with grid-scale battery storage, has not lost a single hour of electricity in the past five years. South Australia expects 100 per cent of its electricity to come from renewable sources before 2030. An added bonus given today’s high energy prices: Annual household electricity costs have declined there by 303 Australian dollars ($276) since 2018.

The transition to clean energy is not about sacrificing our way of life – it’s about improving it. But we’ll need the power to make it happen. That work needs to start now.

Merran Smith is the executive director of Clean Energy Canada, a program at the Morris J. Wosk Centre for Dialogue at Simon Fraser University in Vancouver. Mark Zacharias is a special adviser at Clean Energy Canada and visiting professor at the Simon Fraser University School of Public Policy.

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Ofgem Renewables Obligations drive supplier payments for renewables fees, feed-in tariffs, and renewable generation, with non-payment risking supply licences amid the price cap and volatile wholesale prices across the UK energy market.

Key Points

Mandatory payments by suppliers funding renewables via feed-in tariffs; non-payment can trigger supply licence revoking.

✅ Covers Renewables Obligation and Feed-in Tariff scheme compliance.

✅ Non-payment can lead to Ofgem action and licence loss.

✅ Affected by price cap and wholesale price volatility.

Seven small British energy suppliers owe a total of 34 million pounds ($43.74 million) in renewables fees, amid a renewables backlog that has stalled projects, and could face losing their supply licences if they cannot pay, energy regulator Ofgem reports.

Under Britain’s energy market rules, suppliers of energy must meet so-called renewables obligations and feed-in tariffs, including households' ability to sell solar power back to energy firms, which are imposed on them by the government to help fund renewable power generation.

Several small energy companies have gone bust over the past two years, a trend echoed by findings from a global utility study on renewable priorities, as they struggled to pay the renewables fees and as their profits were affected by a price cap on the most commonly used tariffs and fluctuating wholesale prices, even as a 10 GW contract brings new renewable capacity onto the UK grid.

Ofgem has called on the companies to make necessary payments by Oct. 31, as moves to offer community-generated power to all UK customers progress.

“If they do not pay Ofgem could start the process of revoking their licences to supply energy,” it said in a statement, as offshore wind power continues to scale nationwide.

The seven suppliers are, amid debates over clean energy impacts, Co-Operative Energy Limited; Flow Energy Limited; MA Energy Limited; Nabuh Energy Limited; Robin Hood Energy Limited; Symbio Energy Limited and Tonik Energy Limited. ($1 = 0.7773 pounds)

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Canadian Power Crews Aid Florida after Hurricane Irma, supporting power restoration for Tampa Electric and Florida Power & Light. Hydro One and Nova Scotia Power teams provide mutual aid to speed outage repairs across communities.

Key Points

Mutual aid effort sending Canadian utility crews to restore power and repair outages in Florida after Hurricane Irma.

✅ Hydro One and Nova Scotia Power deploy line technicians

✅ Support for Tampa Electric and Florida Power & Light

✅ Goal: rapid power restoration and outage repairs statewide

Hundreds of Canadian power crews are heading to Florida to help restore power to millions of people affected by Hurricane Irma.

Two dozen Nova Scotia Power employees were en route Tampa on Tuesday morning. An additional 175 Hydro One employees from across Ontario are also heading south. Tuesday to assist after receiving a request for assistance from Tampa Electric.

Nearly 7½ million customers across five states were without power Tuesday morning as Irma — now a tropical storm — continued inland, while a power outage update from the Carolinas underscored the regional strain.

In an update On Tuesday, Florida Power & Light said its "army" of crews had already restored power to 40 per cent of the five million customers affected by Irma in the first 24 hours.

FPL said it expects to have power restored in nearly all of the eastern half of the state by the end of this coming weekend. Almost everyone should have power restored by the end of day on Sept. 22, except for areas still under water.Jason Cochrane took a flight from Halifax Stanfield International Airport along with 19 other NSP power line technicians, two supervisors and a restoration team lead, drawing on lessons from the Maritime Link first power project between Newfoundland and Nova Scotia. "It's different infrastructure than what we have to a certain extent, so there'll be a bit of a learning curve there as well," Cochrane said. "But we'll be integrated into their workforce, so we'll be assisting them to get everything put back together."

The NSP team will join 86 other Nova Scotians from their parent company, Emera, who are also heading to Tampa. Halifax-based Emera, whose regional projects include the Maritime Link, owns a subsidiary in Tampa.

"We're going to be doing anything that we can to help Tampa Electric get their customers back online," said NSP spokesperson Tiffany Chase. "We know there's been significant damage to their system as a result of that severe storm and so anything that our team can do to assist them, we want to do down in Tampa."

Crews have been told to expect to be on the ground in the U.S. for two weeks, but that could change as they get a better idea of what they're dealing with.

'It's neat to have an opportunity like this to go to another country and to help out.'- Jason Cochrane, power line technician

"It's neat to have an opportunity like this to go to another country and to help out and to get the power back on safely," said Cochrane.

Chase said she doesn't know how much the effort will cost but it will be covered by Tampa Electric. She also said Nova Scotia Power will pull its crews back if severe weather heads toward Atlantic Canada, as utilities nationwide work to adapt to climate change in their planning.

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