Residents get to sound off on NY power line plan

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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Downed Power Line Vehicle Safety: Follow stay-in-the-car protocol, call 911, avoid live wires and utility poles, and use the bunny hop to escape only for fire. Electrical hazards demand emergency response caution.

Key Points

Stay in the car, call 911, and use a bunny hop escape only if fire threatens during downed power line incidents.

✅ Stay in vehicle; tell bystanders to keep back and call 911.

✅ Exit only for fire; jump clear and bunny hop away.

✅ Treat all downed lines as live; avoid paths to ground.

Ameren Illinois and Safe Electricity are urging the public to stay in their cars and call 911 in the event of an accident involving a power pole that brings down power lines on or around the car.

In a media simulation Tuesday at the Ameren facility on West Lafayette Avenue, Ameren Illinois employees demonstrated the proper way to react if a power line has fallen on or around a vehicle, as some utilities consider on-site staffing measures during outbreaks. Although the situation might seem rare, Illinois motorists alone hit 3,000 power poles each year, said Krista Lisser, communications director for Safe Energy.

“We want to get the word out that, if you hit a utility pole and a live wire falls on your vehicle, stay in your car,” Lisser said. “Our first reaction is we panic and think we need to get out, a sign of the electrical knowledge gap many people have. That’s not the case, you need to stay in because, when that live wire comes down, electricity is all around you. You may not see it, it may not arc, it may not flash, you may not know if there’s electricity there.”

Should someoneinvolved in such an accident see a good Samaritan attempting to help, he should try to tell the would-be rescuer to stay back to prevent injury to the Samaritan, Ameren Illinois Communications Executive Brian Bretsch said.

“We have seen instances where someone comes up and wants to help you,” Bretsch said. “You want to yell, ‘Please stay away from the vehicle. Everyone is OK. Please stay away.’ You’ll see … instances every now and then where the Samaritan will come up, create that path to ground and get injured, and there are also climbers seeking social media glory who put themselves at risk.”

The only instance in which one should exit a car in the vicinity of a downed wire is if the vehicle is on fire and there is no choice but to exit. In that situation, those in the car should “bunny hop” out of the car by jumping from the car without touching the car and the ground at the same time, Bretsch and Lisser said.

After the initial jump, those escaping the vehicle should continue jumping with both feet together and hands tucked in and away from danger until they are safely clear of the downed wire.

It’s important for everyone to be informed, because an encounter with a live wire could easily result in serious injury, as in the Hydro One worker injury case, or death, Lisser said.

“They’re so close to our roads, especially in our rural communities, that it’s quite a common occurrence,” Lisser said. “Just stay away from (downed lines), especially after storms and amid grid oversight warnings that highlight reliability risks … Always treat a downed line as a live wire. Never assume the line is dead.”

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Texas Energy Policy Debate centers on ERCOT and PUC directives, fossil fuels vs renewables, grid reliability, energy efficiency, battery storage, and blackout risks, shaping Texas power market rules, conservation alerts, and capacity planning.

Key Points

Policy fight over ERCOT/PUC rules weighing fossil fuels vs renewables and storage to bolster Texas grid reliability.

✅ ERCOT and PUC directives under political scrutiny

✅ Fossil fuel subsidies vs renewable incentives and storage

✅ Focus on grid reliability, efficiency, and blackout prevention

Earlier this week, Governor Abbott released a letter to the Public Utility Commission of Texas (PUC) and the Electric Reliability Council of Texas (ERCOT), demanding electricity market reforms that Abbott falsely claims will "increase power generation capacity and to ensure the reliability of the Texas power grid."

Unfortunately, Abbott's letter promotes polluting, unreliable fossil fuels, attacks safer clean energy options, and ignores solutions that would actually benefit everyday Texans.

"Governor Abbott, in a blatant effort to politicize Texans' energy security, wants to double down on fossil fuels, even though they were the single largest point of failure during both February's blackouts and June's energy conservation alerts," said Cyrus Reed, Interim Director & Conservation Director of the Lone Star Chapter of the Sierra Club.

"Many of these so-called solutions were considered and rejected most recently by the Texas Legislature. Texas must focus on expanding clean and reliable renewable energy, energy efficiency, and storage capacity, as voters consider funding to modernize generation in the months ahead.

"We can little afford to repeat the same mistakes that have failed to provide enough electricity where it is needed most and cost Texans billions of dollars. Instead of advocating for evidence-based solutions, Abbott wants to be a culture warrior for coal and gas, even as he touts grid readiness amid election season, even when it results in blackouts across Texas."

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Freedom Cannabis solar array powers an Acheson cannabis facility with 4,574 rooftop panels, a 1,830-kilowatt system by Enmax, cutting greenhouse gas emissions, lowering energy costs, and advancing renewable energy, sustainability, and operational efficiency in Edmonton.

Key Points

A 1,830-kW rooftop solar system with 4,574 panels, cutting GHG emissions and energy costs at the Acheson facility.

✅ 1,830-kW array offsets 1,000+ tonnes GHG annually

✅ Supplies ~8% of annual power; saves $200k-$300k per year

✅ 4,574 rooftop panels installed by Enmax in Acheson

Electricity consumption is one of the biggest barriers to going green in the cannabis industry, where the energy demands of cannabis cultivation often complicate sustainability, but an Edmonton-area pot producer has come up with a sunny solution.

Freedom Cannabis unveiled the largest rooftop solar system used by a cannabis facility in Canada at its 126,000-square foot Acheson location, 20 kilometres west of Edmonton, as solar power in Alberta continues to surge, on Tuesday.

The "state-of-the-art" 1,830-kilowatt solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions each year, reflecting how new Alberta solar facilities are undercutting natural gas on price, the company said.

The state-of-the-art solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions at Freedom Cannabis every year. Nov. 12, 2019. (Freedom Cannabis)

That will supply roughly eight per cent of the building's annual power consumption and reduce costs by $200,000 to $300,000 annually.

"This strategy will supplement our operating costs for power by up to eight to 10 per cent, so it is something that in time will save us costs on power requirements," said Troy Dezwart, co-founder of Freedom Cannabis.

Dezwart said sustainability was an important issue to the company from its outset, aligning with an Alberta renewable energy surge that is expected to power thousands of jobs.

"We're fortunate enough to be able to have these types of options and pursue them," said Dezwart.

The entire system cost Freedom Cannabis $2.6 million to build, but nearly a million of that came from a provincial rebate program that has since been cancelled by the UCP government, even as a federal green electricity deal with an Edmonton company signals ongoing support.

The company cited a 2017 report that found cannabis growers in the U.S. used enough electricity to power 1.7-million homes, and said cannabis-related power consumption is expected to increase by 1,250 per cent in Ontario over the next five years, even though Canadian solar demand has been lagging overall.

“It’s more important than ever for businesses to manage their energy footprint, and solar is an important part of that solution,” Enmax director Jason Atkinson, said. “This solar installation will help reduce operating costs and offset a significant portion of GHG emissions for decades to come.”

Freedom says it has other initiatives underway to reduce its footprint, in a region planning the Edmonton airport solar farm among other projects, including water remediation and offering 100 per cent recyclable cannabis packaging tins.

The company's first crops are expected to go to market in December.

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EU Renewable Energy Shift is cutting gas dependence as wind and solar expand, reshaping Europe's power mix, curbing emissions, and pressuring coal use amid a supply crisis and rising natural gas prices.

Key Points

An EU trend where wind and solar growth reduce gas reliance, curb coal, and lower power-sector emissions.

✅ Wind and solar displace gas in EU power mix

✅ Coal use rises as gas prices surge

✅ Emissions fall, but not fast enough for 1.5 C target

The European Union’s renewable energy sources are helping reduce its dependence on natural gas, under the current European electricity pricing framework, that’s still costing the region dearly.

Renewables growth has helped reduce the EU’s dependence on gas, as wind and solar outpaced gas across the bloc last year, which has soared in price since the middle of last year as the region grapples with a supply crisis that’s dealt blows to industries as well as ordinary consumers’ pockets. More than half of new renewable generation since 2019 has replaced gas power, according to a study by London-based climate think tank Ember, with the rest replacing mainly nuclear and coal sources.

“These are moments and paradigm shifts when governments and businesses start taking this much more seriously,” said Charles Moore, the lead author on the study, amid Covid-19 responses accelerating the transition across Europe. “The alternatives are available, they are cheaper, and they are likely to get even cheaper and more competitive. Renewables are now an opportunity, not a cost.”

The high price of gas relative to coal has meant utilities are leaning more on coal as a back-up for renewable generation, as stunted hydro and nuclear output has constrained low-carbon alternatives in parts of Europe, which risks the trajectory of Europe’s phase-out of the dirtiest fossil fuel. Last year, the EU’s coal use jumped disproportionately high relative to the rise in power generation as high gas prices boosted the relative profitability of burning coal instead.

Europe Coal Use Jumps as Costly Gas Turns Firms to Dirty Fuel
EU power generation from renewables reached a record high in 2021 of 547 terawatt-hours last year, accounting for an 11% increase compared to two years before, according to Ember’s Europe Electricity Review. It’s more than doubled in a decade, representing a 157% increase since 2011. 

Gas use declined last year for the second year in a row, as Europe explores storing electricity in gas pipelines to leverage existing infrastructure, reaching a level 8.1% lower than 2019. By contrast, coal use fell just 3.3% in the same period. Put simply, wind and solar did a great job of replacing coal during 2011-2019 but since then renewables have mostly been nudging out gas-fired power stations.

Ember’s Moore warned that the slowing phase-out of coal might require legislation to accelerate. The International Energy Agency recommends OECD countries cease using coal by the end of the decade to ensure alignment with the Paris Agreement target of keeping the world’s temperature increase below 1.5 Celsius, with renewables poised to eclipse coal globally by the mid-2020s lending momentum. 

“Europe can accelerate the phasing out of coal by building more renewable energy and faster,” said Felicia Aminoff,  an energy-transition analyst at BloombergNEF. “Wind and solar have no fuel costs, so as soon as you have made the initial investments to build wind and solar capacity it will start replacing generation that uses any kind of fuel, whether it is coal or gas.”

Overall, EU power sector emissions fell at less than half the rate required to hit that target, Ember’s report said. Spain produced the largest emissions reduction in the last two years, with renewables adding about 25 TWh and gas falling 15 TWh, and in Germany renewables topped coal and nuclear for the first time to support the shift. In contrast, heavy use of coal dragged down the bloc’s climate progress in Poland, where coal use rose about 8 TWh and renewables gained only 4 TWh.

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Autonomous Energy Kites harness offshore wind on floating platforms, using carbon fiber wings, tethers, and rotors to generate grid electricity; an airborne wind energy solution backed by Alphabet's Makani to cut turbine costs.

Key Points

Autonomous Energy Kites are tethered craft that capture winds with rotors, generating grid power from floating platforms.

✅ Flies circles on tethers; rotors drive generators to feed the grid.

✅ Operates over deep-sea winds where fixed turbines are impractical.

✅ Lighter, less visual impact, and lower installation costs offshore.

One company's self-flying energy kite may be the answer to increasing wind power around the world, alongside emerging wave power solutions as well.

California-based Makani -- which is owned by Google's parent company, Alphabet -- is using power from the strongest winds found out in the middle of the ocean, where the offshore wind sector has huge potential, typically in spots where it's a challenge to install traditional wind turbines. Makani hopes to create electricity to power communities across the world.

Despite a growing number of wind farms in the United States and the potential of this energy source, lessons from the U.K. underscore how to scale, yet only 6% of the world's electricity comes from wind due to the the difficulty of setting up and maintaining turbines, according to the World Wind Energy Association.

When the company's co-founders, who were fond of kiteboarding, realized deep-sea winds were largely untapped, they sought to make that energy more accessible. So they built an autonomous kite, which looks like an airplane tethered to a base, to install on a floating platform in water, as part of broader efforts to harness oceans and rivers for power across regions. Tests are currently underway off the coast of Norway.

"There are many areas around the world that really don't have a good resource for renewable power but do have offshore wind resources," Makani CEO Fort Felker told Rachel Crane, CNN's innovation correspondent. "Our lightweight kites create the possibility that we could tap that resource very economically and bring renewable power to hundreds of millions of people."

This technology is more cost-efficient than a traditional wind turbine, which is a lot more labor intensive and would require lots of machinery and installation.

The lightweight kite, which is made of carbon fiber, has an 85-foot wingspan. The kite launches from a base station and is constrained by a 1,400-foot tether as it flies autonomously in circles with guidance from computers. Crosswinds spin the kite's eight rotors to move a generator that produces electricity that's sent back to the grid through the tether.

The kites are still in the prototype phase and aren't flown constantly right now as researchers continue to develop the technology. But Makani hopes the kites will one day fly 24/7 all year round. When the wind is down, the kite will return to the platform and automatically pick back up when it resumes.

Chief engineer Dr. Paula Echeverri said the computer system is key for understanding the state of the kite in real time, from collecting data about how fast it's moving to charting its trajectory.

Echeverri said tests have been helpful in establishing what some of the challenges of the system are, and the team has made adjustments to get it ready for commercial use. Earlier this year, the team successfully completed a first round of autonomous flights.

Working in deeper water provides an additional benefit over traditional wind turbines, according to Felker. By being farther offshore, the technology is less visible from land, and the growth of offshore wind in the U.K. shows how coastal communities can adapt. Wind turbines can be obtrusive and impact natural life in the surrounding area. These kites may be more attractive to areas that wish to preserve their scenic coastlines and views.

It's also desirable for regions that face constraints related to installing conventional turbines -- such as island nations, where World Bank support is helping developing countries accelerate wind adoption, which have extremely high prices for electricity because they have to import expensive fossil fuels that they then burn to generate electricity.

Makani isn't alone in trying to bring novelty to wind energy. Several others companies such as Altaeros Energies and Vortex Bladeless are experimenting with kites of their own or other types of wind-capture methods, such as underwater kites that generate electricity, a huge oscillating pole that generates energy and a blimp tethered to the ground that gathers winds at higher altitudes.

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