Solar-powered Day4 Energy sees a bright future

By Vancouver Sun


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As the leader of one of the world's foremost satellite technology companies, John MacDonald spent a lot of time looking at planet Earth from outer space.

Today, at an age when most people of his generation are retired, he's looking in the opposite direction.

MacDonald is co-founder and chair of Day4 Energy, a British Columbia-based solar panel manufacturing company with proprietary technology to offer a booming global market for green energy.

"It's been apparent to me for quite a long time that the world has to evolve to where renewable energy becomes a significant source of our electrical energy and solar, as l like to say, is the king of renewables. It's energy directly from the sun," the 72-year-old MacDonald said in a recent interview at Day4's bustling manufacturing plant in south Burnaby.

A lot of people, particularly Europeans looking for alternatives to fossil fuels, seem to agree.

Day4 commenced manufacturing in 2006 and since then, annual production has quadrupled and is expected to double again within a few months.

This expansion, predicated upon a fundamental reworking of conventional solar technology, is rapid enough to rank Day4 second on The Vancouver Sun's list of the Top 50 fastest-growing companies in B.C.

The B.C. public company's entire 2009 manufacturing output is already sold out, and its patents are already recognized in the United States, the European Union, China, India and Mexico.

The key to its success is a major improvement upon the conventional electrode, or silver wire grid, that sits upon the black background sheet of a solar panel.

Day4's electrode harvests electricity about 20-per-cent more efficiently, in a smaller space, than a conventional solar panel.

In an industry where the manufacturing cost per kilowatt of electricity produced is substantially higher than other types of green power, that's a notable advantage.

MacDonald, an Officer of the Order of Canada, was retired for only a couple of years from his position as chair and CEO of MacDonald Dettwiler, the Vancouver-based satellite imaging and surveillance company, when he had a meeting with prominent Russian physicist Leonid Rubin that convinced him to get back into the business world.

In Moscow for a meeting of the APEC business advisory council, MacDonald was treated by Rubin to a whirlwind look at Russian technological innovation.

MacDonald, himself a rare combination of physicist, engineer, educator and entrepreneur, describes his two-day tour of Russian laboratories and research facilities as "a drink from a technological firehose."

"We were sitting in a coffee shop behind the Bolshoi Theatre," MacDonald recalled in a recent interview at Day4 headquarters in south Burnaby.

"Leonid said to me, 'Of all the things you've seen, which one could we build a business around in Canada?'

"I said, 'It's obvious. Your solar energy project. If you do what you say you can do, and I see absolutely no technical reason why you can't, there's a market.'

"A month later he was in Vancouver. We incorporated the company. This was in May of 2001."

What Rubin did, in essence, was build a better mousetrap.

"This industry has been around for 30-40 years and while they have made huge improvements in the cells themselves, the method of interconnection has not changed in those 30 years. "What Leonid did, is figure out a better way to do it."

Leonid Rubin's son George, already living in Vancouver and a family friend of the MacDonald's, arranged the original meeting of the two men in Moscow.

George Rubin, a physicist who also had business degree, was the "obvious" choice to run the company's day-to-day business, MacDonald said.

By 2002, MacDonald and the Rubins were laying the groundwork for the company.

Leonid Rubin remained in Russia with his technical crew, seeking to turn the electrode prototype into something that could be produced at a commercial level.

"The technical guys were over in Russia and of course the costs were much less than what you could do it for in Canada. When that was done we brought the whole bunch of them over here," MacDonald said.

"They are all here now. Leonid is a landed immigrant along with his wife, and these guys are now the core of the R&D group."

"George and I did the planning and raising the money."

They opened the first manufacturing plant, with total annual capacity of 12 megawatts of solar panels, in the third quarter of 2006.

On July 15, 2008, Day4 announced completion of an expansion that quadrupled manufacturing, from 12 megawatts to 47 megawatts.

They aren't done yet.

The company expects another doubling of production, to 97 megawatts by year's end.

There was more good news. On July 30, Day4 announced successful trials for its next-generation electrode, which is 25 per cent more efficient than its current model.

The company's bottom line is still a work in progress, given the infusions of cash necessary to support expansion.

The company reported a 2.5-per-cent gross profit, $400,000 in second quarter 2008 compared to two per cent or $300,000 in the first quarter — and a negative gross margin of 21 per cent for fiscal 2007.

Day4's most recent quarterly report, for June 30, reported total second quarter revenue reached $15 million compared to $13.5 million in the first three months of the year — and $3.1 million in second quarter 2007.

The company noted that the 2008 second quarter jump was achieved despite unchanged production capacity, and pointed to an eight-per-cent efficiency gain in its manufacturing process.

In fiscal 2007, Day4's revenue increased 10 times, from $1.9 million in 2006 to $20.9 million last year.

The company hopes to be in the black on a net revenue basis, by the end of this year.

"This is a very scalable process and we can keep expanding it to meet the market," MacDonald said. "Of course these days with all that's going on in the financial world you have to take a deep breath, but the company is in good shape. I'm not worrying about it."

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California's solar energy gains go up in wildfire smoke

California Wildfire Smoke Impact on Solar reduces photovoltaic output, as particulate pollution, soot, and haze dim sunlight and foul panels, cutting utility-scale generation and grid reliability across CAISO during peak demand and heatwaves.

 

Key Points

How smoke and soot cut solar irradiance and foul panels, slashing PV generation and straining CAISO grid operations.

✅ Smoke blocks sunlight; soot deposition reduces panel efficiency.

✅ CAISO reported ~30% drop versus July during peak smoke.

✅ Longer fire seasons threaten solar reliability and capacity planning.

 

Smoke from California’s unprecedented wildfires was so bad that it cut a significant chunk of solar power production in the state, even as U.S. solar generation rose in 2022 nationwide. Solar power generation dropped off by nearly a third in early September as wildfires darkened the skies with smoke, according to the US Energy Information Administration.

Those fires create thick smoke, laden with particles that block sunlight both when they’re in the air and when they settle onto solar panels. In the first two weeks of September, soot and smoke caused solar-powered electricity generation to fall 30 percent compared to the July average, according to the California Independent System Operator (CAISO), which oversees nearly all utility-scale solar energy in California, where wind and solar curtailments have been rising amid grid constraints. It was a 13.4 percent decrease from the same period last year, even though solar capacity in the state has grown about 5 percent since September 2019.

California depends on solar installations for nearly 20 percent of its electricity generation, and has more solar capacity than the next five US states trailing it combined as it works to manage its solar boom sustainably. It will need even more renewable power to meet its goal of 100 percent clean electricity generation by 2045, building on a recent near-100% renewable milestone that underscored the transition. The state’s emphasis on solar power is part of its long-term efforts to avoid more devastating effects of climate change. But in the short term, California’s renewables are already grappling with rising temperatures.

Two records were smashed early this September that contributed to the loss of solar power. California surpassed 2 million acres burned in a single fire season for the first time (1.7 million more acres have burned since then). And on September 15th, small particle pollution reached the highest levels recorded since 2000, according to the California Air Resources Board. Winds that stoked the flames also drove pollution from the largest fires in Northern California to Southern California, where there are more solar farms.

Smaller residential and commercial solar systems were affected, too, and solar panels during grid blackouts typically shut off for safety, although smoke was the primary issue here. “A lot of my systems were producing zero power,” Steve Pariani, founder of the solar installation company Solar Pro Energy Systems, told the San Mateo Daily Journal in September.

As the planet heats up, California’s fire seasons have grown longer, and blazes are tearing through more land than ever before, while grid operators are also seeing rising curtailments as they integrate more renewables. For both utilities and smaller solar efforts, wildfire smoke will continue to darken solar energy’s otherwise bright future, even as it becomes the No. 3 renewable source in the U.S. by generation.

 

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EDF and France reach deal on electricity prices-source

EDF Nuclear Power Price Deal sets a 70 euros/MWh reference price, adds consumer protection if wholesale electricity prices exceed 110 euros/MWh, and outlines taxation mechanisms to shield bills while funding nuclear investment.

 

Key Points

A government-EDF deal setting 70 euros/MWh with safeguards above 110 euros/MWh to protect consumers.

✅ Reference price fixed at 70 euros/MWh, near EDF costs.

✅ Consumer shield above 110 euros/MWh; up to 90% extra-revenue tax.

✅ Review clauses maintain 70 euros/MWh through market swings.

 

State-controlled power group EDF and the French government have reached a tentative deal on future nuclear power prices, echoing a new electricity pricing scheme France has floated, a source close to the government said on Monday, ending months of tense negotiations.

The two sides agreed on 70 euros per megawatt hour (MWH) as a reference level for power prices, aligning with EU plans for more fixed-price contracts for consumers, the source said, cautioning that details of the deal are still being finalised.

The negotiations aimed to find a compromise between EDF, which is eager to maximise revenues to fund investments, and the government, keen to keep electricity bills for French households and businesses as low as possible, amid ongoing EU electricity reform debates across the bloc.

EDF declined to comment.

The preliminary deal sets out mechanisms that would protect consumers if power market prices rise above 110 euros/MWH, similar to potential emergency electricity measures being weighed in Europe, the source said, adding that the deal also includes clauses that would provide a price guarantee for EDF.

The 70 euros/MWH agreed reference price level is close to EDF's nuclear production costs, as Europe moves to revamp its electricity market more broadly. The nuclear power produced by the company provides 70% of France's electricity.

The agreement would allow the government to tax EDF's extra revenues at 90% if prices surpass 110 euros/MWH, in order to offset the impact on consumers. It would also enable a review of conditions in case of market fluctuations to safeguard the 70 euro level for EDF, reflecting how rolling back electricity prices is tougher than it appears, the source said.

French wholesale electricity prices are still above 100 euros/MWH, after climbing to 1,200 euros during last year's energy crisis, even as diesel prices have returned to pre-conflict levels.

A final agreement should be officially announced on Tuesday after a meeting between Finance Minister Bruno Le Maire, Energy Transition Minister Agnes Pannier-Runacher and EDF chief Luc Remont.

That meeting will work out the final details on price thresholds and tax rates between the reference level and the upper limit, the source said.

Negotiations between the two sides were so fraught that at one stage they raised questions about the future of EDF chief Luc Remont, who was appointed by President Emmanuel Macron a year ago to turn around EDF.

The group ended 2022 with a 18 billion-euro loss and almost 65 billion euros of net debt, hurt by a record number of reactor outages that coincided with soaring energy prices in the wake of Russia's invasion of Ukraine.

With its output at a 30-year low, EDF was forced to buy electricity on the market to supply customers. The government, meanwhile, imposed a cap on electricity prices, leaving EDF selling power at a discount.

 

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Is this the start of an aviation revolution?

Harbour Air Electric Seaplanes pioneer sustainable aviation with battery-electric propulsion, zero-emission operations, and retrofitted de Havilland Beavers using magniX motors for regional commuter routes, cutting fuel burn, maintenance, and carbon footprints across British Columbia.

 

Key Points

Retrofitted floatplanes using magniX battery-electric motors to provide zero-emission, short-haul regional flights.

✅ Battery-electric magniX motors retrofit de Havilland DHC-2 Beavers

✅ Zero-emission, low-noise operations on short regional routes

✅ Lower maintenance and operating costs vs combustion engines

 

Aviation is one of the fastest rising sources of carbon emissions from transport, but can a small Canadian airline show the industry a way of flying that is better for the planet?

As air journeys go, it was just a short hop into the early morning sky before the de Havilland seaplane splashed back down on the Fraser River in Richmond, British Columbia. Four minutes earlier it had taken off from the same patch of water. But despite its brief duration, the flight may have marked the start of an aviation revolution.

Those keen of hearing at the riverside on that cold December morning might have been able to pick up something different amid the rumble of the propellers and whoosh of water as the six-passenger de Havilland DHC-2 Beaver took off and landed. What was missing was the throaty growl of the aircraft’s nine-cylinder radial engine.

In its place was an all-electric propulsion engine built by the technology firm magniX that had been installed in the aircraft over the course of several months. The four-minute test flight (the plane was restricted to flying in clear skies, so with fog and rain closing in the team opted for a short trip) was the first time an all-electric commercial passenger aircraft had taken to the skies.

The retrofitted de Havilland DHC-2 Beaver took off from the Fraser River in the early morning light for a four minute test flight (Credit: Diane Selkirk)

“It was the first shot of the electric aviation revolution,” says Roei Ganzarski, chief executive of magniX, which worked with Canadian airline Harbour Air Seaplanes to convert one of the aircraft in their fleet of seaplanes so it could run on battery power rather than fossil fuels.

For Greg McDougall, founder of Harbour Air and pilot during the test flight, it marked the culmination of years of trying to put the environment at the forefront of its operations, backed by research investment across the program.

Harbour Air, which has a fleet of some 40 commuter floatplanes serving the coastal regions around Vancouver, Victoria and Seattle, was the first airline in North America to become carbon-neutral through offsets in 2007. A one-acre green roof on their new Victoria airline terminal followed. Then in 2017, 50 solar panels and four beehives housing 10,000 honeybees were added, but for McDougall, a Tesla owner with an interest in disruptive technology, the big goal was to electrify the fleet, with 2023 electric passenger flights as an early target for service.

McDougall searched for alternative motor options for a couple of years and had put the plan on the backburner when Ganzarski first approached him in February 2019. “He said, ‘We’ve got a motor we want to get certified and we want to fly it before the end of the year,’” McDougall recalls.

The two companies found their environmental values and teams were a good match and quickly formed a partnership. Eleven months later, the modest Canadian airline got what McDougall refers to as their “e-plane” off the ground, pulling ahead of other electric flight projects, including those by big-name companies Airbus, Boeing and Rolls-Royce, and startups such as Eviation that later stumbled.

The test flight was followed years of work by Greg McDougall to make his airline more environmentally friendly (Credit: Diane Selkirk)

The project came together in record time considering how risk-adverse the aviation industry is, says McDougall. “Someone had to take the lead,” he says. “The reason I live in British Columbia is because of the outdoors: protecting it is in our DNA. When it came to getting the benefits from electric flight it made sense for us to step in and pioneer the next step.”

As the threat posed by the climate crisis deepens, there has been renewed interest in developing electric passenger aircraft as a way of reducing emissions
Electric flight has been around since the 1970s, but it’s remained limited to light-weight experimental planes flying short distances and solar-powered aircraft with enormous wingspans yet incapable of carrying passengers. But as the threat posed by the climate crisis deepens, there has been renewed interest in developing electric passenger aircraft as a way of reducing emissions and airline operating costs, aligning with broader Canada-U.S. collaboration on electrification across transport.

Currently there are about 170 electric aircraft projects underway internationally –up by 50% since April 2018, according to the consulting firm Roland Berger. Many of the projects are futuristic designs aimed at developing urban air taxis, private planes or aircraft for package delivery. But major firms such as Airbus have also announced plans to electrify their own aircraft. It plans to send its E-Fan X hybrid prototype of a commercial passenger jet on its maiden flight by 2021. But only one of the aircraft’s four jet engines will be replaced with a 2MW electric motor powered by an onboard battery.

This makes Harbour Air something of an outlier. As a coastal commuter airline, it operates smaller floatplanes that tend to make short trips up and down the coastline of British Columbia and Washington State, which means its aircraft can regularly recharge their batteries after a point-to-point electric flight along these routes. The company sees itself in a position to retrofit its entire fleet of floatplanes and make air travel in the region as green as possible.

This could bring some advantages. The efficiency of a typical combustion engine for a plane like this is fairly low – a large proportion of the energy from the fuel is lost as waste heat as it turns the propeller that drives the aircraft forward. Electrical motors have fewer moving parts, meaning there’s less maintenance and less maintenance cost, and comparable benefits are emerging for electric ships operating on the B.C. coast as well.

Electrical motors have fewer moving parts, meaning there’s less maintenance and less maintenance cost
Erika Holtz, Harbour Air’s engineering and quality manager, sees the move to electric as the next major aviation advancement, but warns that one stumbling block has been the perception of safety. “Mechanical systems are much better known and trusted,” she says. In contrast people see electrical systems as a bit unknown – think of your home computer. “Turning it off and on again isn’t an option in aviation,” she adds.

But it’s the possibility of spurring lasting change in aviation that’s made working on the Harbour Air/magniX project so exciting for Holtz. Aviation technology has stagnated over the past decades, she says. “Although there have been incremental improvements in certain technologies, there hasn't been a major development change in aviation in 50 years.”

 

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Brazil government considers emergency Coronavirus loans for power sector

Brazil Energy Emergency Loan Package aims to bolster utilities via BNDES as coronavirus curbs electricity demand. Aneel and the Mines and Energy Ministry weigh measures while Eletrobras privatization and auctions face delays.

 

Key Points

An emergency plan supporting Brazilian utilities via BNDES and banks during coronavirus demand slumps and payment risks.

✅ Modeled on 2014-2015 sector loans via BNDES and private banks

✅ Addresses cash flow from lower demand and bill nonpayment

✅ Auctions and Eletrobras privatization delayed amid outbreak

 

Brazil’s government is considering an emergency loan package for energy distributors struggling with lower energy use and facing lost revenues because of the coronavirus outbreak, echoing strains seen elsewhere such as Germany's utility troubles during the energy crisis, an industry group told Reuters.

Marcos Madureira, president of Brazilian energy distributors association Abradee, said the package being negotiated by companies and the government could involve loans from state development bank BNDES or a pool of banks, but that the value of the loans and other details was not yet settled.

Also, Brazil’s Mines and Energy Ministry is indefinitely postponing projects to auction off energy transmission and generation assets planned for this year because of the coronavirus, even as the need for electricity during COVID-19 remained critical, it said in the Official Gazette.

The coronavirus outbreak will also delay the privatization of state-owned utility Eletrobras, its chief executive officer said on Monday.

The potential loan package under discussion would resemble a similar measure in 2014 and 2015 that offered about 22 billion reais ($4.2 billion) in loans to the sector as Brazil was entering its deepest recession on record, and drawing comparisons to a proposed Texas market bailout after a winter storm, Madureira said.

Public and private banks including BNDES, Caixa Economica Federal, Itau Unibanco and Banco Bradesco participated in those loans.

Three sources involved in the discussions said on condition of anonymity that the Mines and Energy Ministry and energy regulator Aneel were considering the matter.

Aneel declined to comment. The Mines and Energy Ministry and BNDES did not immediately respond to requests for comment.

Energy distributors worry that reduced electricity demand during COVID-19 could result in deep revenue losses.

The coronavirus has led to widespread lockdowns of non-essential businesses in Brazil, while citizens are being told to stay home. That is causing lost income for many hourly and informal workers in Brazil, who could be unable to pay their electricity bills, raising risks of pandemic power shut-offs for vulnerable households.

The government sees a loan package as a way to stave off a potential chain of defaults in the sector, a move discussed alongside measures such as a Brazil tax strategy on energy prices, one of the sources said.

On a conference call with investors about the company’s latest earnings, Eletrobras CEO Wilson Ferreira Jr. said privatization would be delayed, without giving any more details on the projected time scale.

The largest investors in Brazil’s energy distribution sector include Italy’s Enel, Spain’s Iberdrola via its subsidiary Neoenergia and China’s State Grid via CPFL Energia, with Chinese interest also evidenced by CTG's bid for EDP, as well as local players Energisa e Equatorial Energia. 

 

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The Evolution of Electric Vehicle Charging Infrastructure in the US

US EV Charging Infrastructure is evolving with interoperable NACS and CCS standards, Tesla Supercharger access, federal funding, ultra-fast charging, mobile apps, and battery advances that reduce range anxiety and expand reliable, nationwide fast-charging access.

 

Key Points

Nationwide network, standards, and funding enabling fast, interoperable EV charging access for drivers across the US.

✅ NACS and CCS interoperability expands cross-network access

✅ Tesla Superchargers opening to more brands accelerate adoption

✅ Federal funding builds fast chargers along highways and communities

 

The landscape of electric vehicle (EV) charging infrastructure in the United States is rapidly evolving, driven by technological advancements, collaborative efforts between automakers and charging networks across the country, and government initiatives to support sustainable transportation.

Interoperability and Collaboration

Recent developments highlight a shift towards interoperability among charging networks, even as control over charging continues to be contested across the market today. The introduction of the North American Charging Standard (NACS) and the adoption of the Combined Charging System (CCS) by major automakers underscore efforts to standardize charging protocols. This move aims to enhance convenience for EV drivers by allowing them to use multiple charging networks seamlessly.

Tesla's Role and Expansion

Tesla, a trailblazer in the EV industry, has expanded its Supercharger network to accommodate other EV brands. This initiative represents a significant step towards inclusivity, addressing range anxiety and supporting the broader adoption of electric vehicles. Tesla's expansive network of fast-charging stations across the US continues to play a pivotal role in shaping the EV charging landscape.

Government Support and Infrastructure Investment

The federal government's commitment to infrastructure development is crucial in advancing EV adoption. The Bipartisan Infrastructure Law allocates substantial funding for EV charging station deployment along highways and in underserved communities, while automakers plan 30,000 chargers to complement public investment today. These investments aim to expand access to charging infrastructure, promote economic growth, and reduce greenhouse gas emissions associated with transportation.

Technological Advancements and User Experience

Technological innovations in EV charging, including energy storage and mobile charging solutions, continue to improve user experience and efficiency. Ultra-fast charging capabilities, coupled with user-friendly interfaces and mobile apps, simplify the charging process for consumers. Advancements in battery technology also contribute to faster charging times and increased vehicle range, enhancing the practicality and appeal of electric vehicles.

Challenges and Future Outlook

Despite progress, challenges remain in scaling EV charging infrastructure to meet growing demand. Issues such as grid capacity constraints are coming into sharp focus, alongside permitting processes and funding barriers that necessitate continued collaboration between stakeholders. Addressing these challenges is crucial in supporting the transition to sustainable transportation and achieving national climate goals.

Conclusion

The evolution of EV charging infrastructure in the United States reflects a transformative shift towards sustainable mobility solutions. Through interoperability, government support, technological innovation, and industry collaboration, stakeholders are paving the way for a robust and accessible charging ecosystem. As investments and innovations continue to shape the landscape, and amid surging U.S. EV sales across 2024, the trajectory of EV infrastructure development promises to accelerate, ensuring reliable and widespread access to charging solutions that support a cleaner and greener future.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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