Ocean Power Technologies wins $2 million award

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Ocean Power Technologies, Inc. received a $2 million award from the U.S. Department of Energy (DoE), in support of its wave power project in Reedsport, Oregon.

The DoE grant will be used to help fund the fabrication, assembly and factory testing of the first PowerBuoy to be installed at the Reedsport site. This system will be a 150 kilowatt-rated PB150 PowerBuoy, major portions of which will be fabricated and integrated in Oregon.

This is the first award for the building of ocean wave energy systems by the DoE, and the company believes it is indicative of the growing recognition and support of wave energy within the U.S. federal and state governments.

OregonÂ’s Governor Ted Kulongoski has emphatically recognized the importance of wave energy in playing a key part in helping Oregon reach its renewable energy goals for the future. This has included formation of the Oregon Wave Energy Trust, which provides funding for initiatives in furtherance of the StateÂ’s realizing benefits from wave energy.

OPT has been an active participant with many stakeholders in the State and along the Oregon coast, working with fishing, conservation, municipal, State, federal and other groups.

Dr. George Taylor, Chief Executive Officer of OPT, said: “We are very pleased to receive this award from the US Department of Energy in support of our Reedsport, Oregon project. In line with recent recognition by the U.S. Congress of ocean wave energy’s importance in the renewable energy sector, this award provides important support to the construction of our first 150 kW PowerBuoy to be deployed in the US. We also appreciate the support of the Oregon Congressional delegation in sponsorship of this award.”

He further noted, “Energy experts have recognized the potential for US wave energy resources to provide a significant portion of the nation’s energy needs. With the recent announcement of the installation of our first commercial wave energy system for Iberdrola off the coast of Spain, OPT is at the forefront of developing utility-scale wave power projects on a global basis.”

Installation of the first PB150 PowerBuoy is the initial phase of OPTÂ’s project to install ten PB150 PowerBuoy systems generating a total of 1.5 MW at a site approximately 2.5 miles off the coast near Reedsport. That represents enough electricity to supply up to 1,500 homes annually.

The first PowerBuoy is expected to be ready for deployment in the second half of 2009. This will be followed by the manufacture and installation of the additional nine PB150 PowerBuoys, expected to commence in 2010 after receipt of FERC permitting.

When completed and grid-connected, OPT will realize revenues from the sale of energy to the grid.

In addition, the ten-PowerBuoy wave power station will provide important operating and environmental data for the future development of wave energy on the Oregon and the U.S. west coast and is expected to be the largest installation of its kind in the US. PNGC Power, a Portland, Oregon-based electric power cooperative, has also provided funding toward the Reedsport project, and is supporting OPT in other aspects of the development of the project.

This includes providing its grid interconnection expertise, as well as its experience in meeting the standards of the Bonneville Power Administration, which operates much of the regionÂ’s power system.

Furthermore, as part of the companyÂ’s future development of the site OPT applied for, and has been issued, a preliminary permit by the Federal Energy Regulatory Commission for expanded capacity at the Reedsport site.

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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Cannes Film Festival Power Outage Under Investigation 

Cannes Film Festival Power Outage disrupts Alpes-Maritimes as an electrical substation fire and a fallen high-voltage line trigger blackouts; arson probe launched, grid resilience tested, traffic and trains snarled, Palais des Festivals on backup power.

 

Key Points

A May 24, 2025 blackout in Cannes disrupting events, under arson probe, exposing grid risks across Alpes-Maritimes.

✅ Substation fire and fallen high-voltage line triggered blackouts

✅ Palais des Festivals ran on independent backup power

✅ Authorities probe suspected arson; security measures reviewed

 

A significant power outage on May 24, 2025, disrupted the final day of the Cannes Film Festival in southeastern France. The blackout, which affected approximately 160,000 households in the Alpes-Maritimes region, including the city of Cannes, occurred just hours before the highly anticipated Palme d'Or ceremony. French authorities are investigating the possibility that the outage was caused by arson.

Details of the Outage

The power disruption began early on Saturday morning with a fire at an electrical substation near Cannes. This incident weakened the local power grid. Shortly thereafter, a high-voltage line fell at another location, further exacerbating the situation. The combined events led to widespread power outages, affecting not only the festival but also local businesses, traffic systems, and public transportation, echoing Heathrow Airport outage warnings raised days before a separate disruption. Traffic lights in parts of Cannes and the nearby city of Antibes stopped working, leading to traffic jams and confusion in city centers. Most shops along the Croisette remained closed, and local food kiosks were only accepting cash. Train service in Cannes was also disrupted. 

Impact on the Festival

Despite the challenges, festival organizers managed to keep the main venue, the Palais des Festivals, operational by switching to an independent power supply. They confirmed that all scheduled events and screenings, including the Closing Ceremony, would proceed as planned, a reminder of how grid operators sometimes avoid rolling blackouts to keep essential services running. The power was restored around 3 p.m. local time, just hours before the ceremony, allowing music to resume and the event to continue without further incident.

Investigations and Suspected Arson

French authorities, including the national gendarmerie, are investigating the possibility that the power outage was the result of arson, aligning with grid attack warnings issued by intelligence services. The prefect for the Alpes-Maritimes region, Laurent Hottiaux, condemned the "serious acts of damage to electrical infrastructures" and stated that all resources are mobilized to identify, track down, arrest, and bring to justice the perpetrators of these acts.

While investigations are ongoing, no official conclusions have been drawn regarding the cause of the outage. Authorities are working to determine whether the incidents were isolated or part of a coordinated effort, a question that also arises when utilities implement PG&E wildfire shutoffs to prevent cascading damage.

Broader Implications

The power outage at the Cannes Film Festival underscores the vulnerability of critical infrastructure to potential acts of sabotage. While the immediate impact on the festival was mitigated, the incident raises concerns about the resilience of energy systems, especially during major public events, and amid severe weather like a B.C. bomb cyclone that leaves tens of thousands without power. It also highlights the importance of having contingency plans in place to ensure the continuity of essential services in the face of unexpected disruptions.

As investigations continue, authorities are urging the public to remain vigilant and report any suspicious activities, while planners also prepare for storm-driven outages that compound emergency response. The outcome of this investigation may have implications for future security measures at large-scale events and the protection of critical infrastructure.

While the Cannes Film Festival was able to proceed with its closing events, the power outage serves as a reminder of the potential threats to public safety, as seen when a Western Washington bomb cyclone left hundreds of thousands without power, and the importance of robust security measures to safeguard against such incidents.

 

 

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Growing pot sucks up electricity and pumps out an astounding amount of carbon dioxide — it doesn't have to

Sustainable Cannabis Cultivation leverages greenhouse design, renewable energy, automation, and water recapture to cut electricity use, emissions, and pesticides, delivering premium yields with natural light, smart sensors, and efficient HVAC and irrigation control.

 

Key Points

A data-driven, low-impact method that cuts energy, water, and chemicals while preserving premium yields.

✅ 70-90% less electricity vs. conventional indoor grows

✅ Natural light, solar, and rainwater recapture reduce footprint

✅ Automation, sensors, and HVAC stabilize microclimates

 

In the seven months since the Trudeau government legalized recreational marijuana use, licensed producers across the country have been locked in a frenetic race to grow mass quantities of cannabis for the new market.

But amid the rush for scale, questions of sustainability have often taken a back seat, and in Canada, solar adoption has lagged in key sectors.

According to EQ Research LLC, a U.S.-based clean-energy consulting firm, cannabis facilities can need up to 150 kilowatt-hours of electricity per year per square foot. Such input is on par with data centres, which are themselves 50 to 200 times more energy-intensive than a typical office building, and achieving zero-emission electricity by 2035 would help mitigate the associated footprint.

At the Lawrence Berkley National Laboratory in California, a senior scientist estimated that one per cent of U.S. electricity use came from grow ops. The same research — published in 2012 — also found that the procedures for refining a kilogram of weed emit around 4,600 kilograms of carbon dioxide to the atmosphere, equivalent to operating three million cars for a year, though a shift to zero-emissions electricity by 2035 could substantially cut those emissions.

“All factors considered, a very large expenditure of energy and consequent ‘environmental imprint’ is associated with the indoor cultivation of marijuana,” wrote Ernie Small, a principal research scientist for Agriculture and Agri-Food Canada, in the 2018 edition of the Biodiversity Journal.

Those issues have left some turning to technology to try to reduce the industry’s footprint — and the economic costs that come with it — even as more energy sources make better projects for forward-looking developers.

“The core drawback of most greenhouse environments is that you’re just getting large rooms, which are harder to control,” says Dan Sutton, the chief executive officer of Tantalus Labs., a B.C.-based cannabis producer. “What we did was build a system specifically for cannabis.”

Sutton is referring to SunLab, the culmination of four years of construction, and at present the main site where his company nurtures rows of the flowering plant. The 120,000-square foot structure was engineered for one purpose: to prove the merits of a sustainable approach.

“We’re actually taking time-series data on 30 different environmental parameters — really simple ones like temperature and humidity — all the way down to pH of the soil and water flow,” says Sutton. “So if the temperature gets a little too cold, the system recognizes that and kicks on heaters, and if the system senses that the environment is too hot in the summertime, then it automatically vents.”

A lot is achieved without requiring much human intervention, he adds. Unlike conventional indoor operations, SunLab demands up to 90 per cent less electricity, avoids using pesticides, and draws from natural light and recaptured rainwater to feed its crops.

The liquid passes through a triple-filtration process before it is pumped into drip irrigation tubing. “That allows us to deliver a purity of water input that is cleaner than bottled water,” says Sutton.

As transpiration occurs, a state-of-the-art, high-capacity airflow suspended below the ceiling cycles air at seven-minute intervals, repeatedly cooling the air and preventing outbreaks of mould, while genetically modified “guardian” insects swoop in to eliminate predatory pests.

“When we first started, people never believed we would cultivate premium quality cannabis or cannabis that belongs on the top shelf, shoulder to shoulder with the best in the world and the best of indoor,” says Sutton.

Challenges still exist, but they pale in comparison to the obstacles that American companies with an interest in adopting greener solutions persistently face, and in provinces like Alberta, an Alberta renewable energy surge is reshaping the opportunity set.

Although cannabis is legal in a number of states, it remains illegal federally, which means access to capital and regulatory clarity south of the border can be difficult to come by.

“Right now getting a new project built is expensive to do because you can’t get traditional bank loans,” says Canndescent CEO Adrian Sedlin, speaking by phone from California.

In retrofitting the company’s farm to accommodate a sizeable solar field, he struggled to secure investors, even as a solar-powered cannabis facility in Edmonton showcased similar potential.

“We spent over a year and a half trying to get it financed,” says Sedlin. “Finding someone was the hard part.”

Decriminalizing the drug would ultimately increase the supply of capital and lower the costs for innovative designs, something Sedlin says would help incentivize producers to switch to more effective and ecologically sound techniques.

Some analysts argue that selling renewable energy in Alberta could become a major growth avenue that benefits energy-intensive industries like cannabis cultivation.

Canndescent, however, is already there.

“We’re now harnessing the sun to reduce our reliance on fossil fuels and going to sustainable, or replenishable, energy sources, while leveraging the best and most efficient water practices,” says Sedlin. “It’s the right thing to do.”

 

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Extensive Disaster Planning at Electric & Gas Utilities Means Lights Will Stay On

Utility Pandemic Preparedness strengthens grid resilience through continuity planning, critical infrastructure protection, DOE-DHS coordination, onsite sequestration, skeleton crews, and deferred maintenance to ensure reliable electric and gas service for commercial and industrial customers.

 

Key Points

Plans that sustain grid operations during outbreaks using staffing limits, access controls, and deferred maintenance.

✅ Deferred maintenance and restricted site access

✅ Onsite sequestering and skeleton crew operations

✅ DOE-DHS coordination and control center staffing

 

Commercial and industrial businesses can rest assured that the current pandemic poses no real threat to our utilities, with the U.S. grid remaining reliable for now, as disaster planning has been key to electric and gas utilities in recent years, writes Forbes. Beginning a decade ago, the utility and energy industries evolved detailed pandemic plans, outlining what to know about the U.S. grid during outbreaks, which include putting off maintenance and routine activities until the worst of the pandemic has passed, restricting site access to essential personnel, and being able to run on a skeleton crew as more and more people become ill, a capability underscored by FPL's massive Irma response when crews faced prolonged outages.

One possible outcome of the current situation is that the US electric industry may require essential staff to live onsite at power plants and control centers, similar to Ontario work-site lockdown plans under consideration, if the outbreak worsens; bedding, food and other supplies are being stockpiled, reflecting local response preparations many utilities practice, Reuters reported. The Great River Energy cooperative, for example, has had a plan to sequester essential staff in place since the H1N1 bird flu crisis in 2009. The cooperative, which runs 10 power plants in Minnesota, says its disaster planning ensured it has enough cots, blankets and other necessities on site to keep staff healthy.

Electricity providers are now taking part in twice-weekly phone calls with officials at the DOE, the Department of Homeland Security, and other agencies, as Ontario demand shifts are monitored, according to the Los Angeles Times. By planning for a variety of worst case scenarios, including weeks-long restorations after major storms, “I have confidence that the sector will be prepared to respond no matter how this evolves,” says Scott Aaronson, VP of security and preparedness for the Edison Electric Institute.

 

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Florida says no to $400M in federal solar energy incentives

Florida Solar for All Opt-Out highlights Gov. DeSantis rejecting EPA grant funds under the Inflation Reduction Act, limiting low-income households' access to solar panels, clean energy programs, and promised electricity savings across disadvantaged communities.

 

Key Points

Florida Solar for All Opt-Out is the state declining EPA grants, restricting low-income access to solar energy savings.

✅ EPA grant under IRA aimed at low-income solar

✅ Estimated 20% electricity bill savings missed

✅ Florida lacks PPAs and renewable standards

 

Florida has passed up on up to $400 million in federal money that would have helped low-income households install solar panels.

A $7 billion grant “competition” to promote clean energy in disadvantaged communities by providing low-income households with access to affordable solar energy was introduced by President Joe Biden earlier this year, and despite his climate law's mixed results in practice, none of that money will reach Florida households.

The Environmental Protection Agency announced the competition in June as part of Biden’s Inflation Reduction Act. However, Florida Gov. Ron DeSantis has decided to pass on the $400 million up for grabs by choosing to opt out of the opportunity.

Inflation Reduction Act:What is the Inflation Reduction Act? Everything to know about one of Biden's big laws

The program would have helped Florida households reduce their electricity costs by a minimum of 20% during a key time when Floridians are leaving in droves due to a rising cost of living associated with soaring insurance costs, inflation, and proposed FPL rate hikes statewide.

Florida was one of six other states that chose not to apply for the money.

President Joe Biden announced a $7 billion “competition” to promote clean energy in disadvantaged communities.

The opportunity, named “Solar for All,” was announced by the EPA in June and promised to provide up to $7 billion in grants to states, territories, tribal governments, municipalities, and nonprofits to expand the number of low-income and disadvantaged communities primed for residential solar investment — enabling millions of low-income households to access affordable, resilient and clean solar energy.

The grant is intended to help lower energy costs for families, create jobs and help reduce greenhouse effects that accelerate global climate change by providing financial support and incentives to communities that were previously locked out of investments.


How much money would Floridians save under the ‘Solar for All’ solar panel grant?

The program aims to reduce household electricity costs by at least 20%. Florida households paid an average of $154.51 per month for electricity in 2022, just over 14% of the national average of $135.25, and debates over hurricane rate surcharges continue to shape customer bills, according to the U.S. Energy Information Administration. A 20% savings would drop those bills down to around $123 per month.

On the campaign trail, DeSantis has pledged to unravel Biden’s green energy agenda if elected president, amid escalating solar policy battles nationwide, slamming the Inflation Reduction Act and what he called “a concerted effort to ramp up the fear when it comes to things like global warming and climate change.”

His energy agenda includes ending Biden’s subsidies for electric cars while pushing policies that he says would ramp up domestic oil production.

“The subsidies are going to drive inflation higher,” DeSantis said at an event in September. “It’s not going to help with interest rates, and it is certainly not going to help with our unsustainable debt levels.”

DeSantis heading to third debate:As he enters third debate, Ron DeSantis has a big Nikki Haley problem

DeSantis’ plan to curb clean energy usage in Florida seems to be at odds with the state as a whole, and the region's evolving strategy for the South underscores why it has been ranked among the top three states to go solar since 2019, according to the Solar Energy Industries Association (SEIA).

SEIA also shows, however, that Florida lags behind many other states when it comes to solar policies, as utilities tilt the solar market in ways that influence policy outcomes statewide. Florida, for instance, has no renewable energy standards, which are used to increase the use of renewable energy sources for electricity by requiring or encouraging suppliers to provide customers with a stated minimum share of electricity from eligible renewable resources, according to the EIA.

Power purchase agreements, which can help lower the cost of going solar through third-party financing, are also not allowed in Florida, with court rulings on monopolies reinforcing the existing market structure. And there have been other policies implemented that drove other potential solar investments to other states.

 

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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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