U.S. must tackle emissions first: Chu

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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Toronto Grid Upgrade expands electricity capacity and reliability with new substations, upgraded transmission lines, and integrated renewable energy, supporting EV growth, sustainability goals, and resilient power for Toronto's growing residential and commercial sectors.

Key Points

A joint plan to boost grid capacity, add renewables, and improve reliability for Toronto's rising power demand.

✅ New substations and upgraded transmission lines increase capacity

✅ Integrates solar, wind, and storage for cleaner, reliable power

✅ Supports EV adoption, reduces outages, and future-proofs the grid

As Toronto's population and economy continue to expand, the surge in electricity demand in the city is also increasing rapidly. In response, the Ontario government, in partnership with the City of Toronto and various stakeholders, has launched an initiative to enhance the electricity infrastructure to meet future needs.

The Ontario Ministry of Energy and the City of Toronto are focusing on a multi-faceted approach that includes upgrades to existing power systems and the integration of renewable energy sources, as well as updated IoT cybersecurity standards for sector devices. This initiative is critical as Toronto looks towards a sustainable future, with projections indicating significant growth in both residential and commercial sectors.

Energy Minister Todd Smith highlighted the urgency of this project, stating, “With Toronto's growing population and dynamic economy, the need for reliable electricity cannot be overstated. We are committed to ensuring that our power systems are not only capable of meeting today's demands but are also future-proofed against the needs of tomorrow.”

The plan involves substantial investments in grid infrastructure to increase capacity and improve reliability. This includes the construction of new substations and the enhancement of old ones, along with the upgrading of transmission lines and exploration of macrogrids to strengthen reliability. These improvements are designed to reduce the frequency and severity of power outages while accommodating new developments and technologies such as electric vehicles, which are expected to place additional demands on the system.

Additionally, the Ontario government is exploring the potential for renewable energy sources, such as rooftop solar grids and wind, to be integrated into the city’s power grid. This shift towards green energy is part of a broader effort to reduce carbon emissions and promote environmental sustainability.

Toronto Mayor John Tory emphasized the collaborative nature of this initiative, stating, “This is a prime example of how collaboration between different levels of government and the private sector can lead to innovative solutions that benefit everyone. By enhancing our electricity infrastructure, we are not only improving the quality of life for our residents but also supporting Toronto's competitive edge as a global city.”

The project also includes a public engagement component, where citizens are encouraged to provide input on the planning and implementation phases. This participatory approach ensures that the solutions developed are in alignment with the needs and expectations of Toronto's diverse communities.

Experts agree that the timing of these upgrades is critical. As urban populations grow, the strain on infrastructure, especially in a powerhouse like Toronto, can lead to significant challenges. Proactive measures, such as those being implemented by Ontario and Toronto, and mirrored by British Columbia's clean energy shift underway on the west coast, are essential in avoiding potential crises and ensuring economic stability.

The success of this initiative could serve as a model for other cities facing similar challenges, highlighting the importance of forward-thinking and cooperation in urban planning and energy management. As Toronto moves forward with these ambitious plans, the eyes of the world, particularly other urban centers, will be watching and learning how to similarly tackle the dual challenges of growth and sustainability, with recent examples like London's newest electricity tunnel demonstrating large-scale grid upgrades.

This strategic approach to managing Toronto's electricity needs reflects a comprehensive understanding of the complexities involved in urban energy systems and a commitment to ensuring a resilient and sustainable future that aligns with Canada's net-zero grid by 2050 goals at the national level for all residents.

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Pennsylvania Clean Energy Employment surges, highlighting workforce growth in energy efficiency, solar, wind, grid and storage, and alternative transportation, supporting COVID-19 recovery, high-wage jobs, manufacturing, construction, and statewide economic resilience.

Key Points

Jobs across clean power, efficiency, grid, storage, and advanced transport fueling Pennsylvania's workforce growth.

✅ 8.7% job growth from 2017-2019, outpacing statewide average

✅ 97,000+ employed across efficiency, solar, wind, grid, and fuels

✅ 75% earn above median; strong full-time opportunities

The 2020 Pennsylvania Clean Energy Employment Report has been released, and Gov. Tom Wolf is energized by it.

This "comes at an opportune time, as government and industry leaders look to strengthen Pennsylvania's workforce and economy in response to the challenges of the COVID-19 pandemic," Wolf said Monday in a prepared statement. "This detailed analysis of data and trends in clean energy employment ... demonstrates the sector was a top job generator statewide, and shows which industries were hiring and looking for trained workers."

Foremost among the findings, released Monday, is that the clean energy sector was responsible for adding 7,794 jobs from 2017 through 2019. That is an 8.7% average job growth rate, well above the 1.9% overall average in the state, according to a news release from Wolf's office.

This report lists employment data in five industries: energy efficiency; clean energy generation; alternative transportation; clean grid and storage; and clean fuels, while some cleaner states still import dirty electricity in regional markets.

The energy efficiency industry was the biggest clean energy employer in the state last year, with more than 71,400 state residents working in construction, technology and manufacturing jobs related to energy-efficient systems.

Solar energy workers comprised the largest share of the clean energy generation workforce – 35.4%, or 5,173 individuals. Solar employment increased 8.3% from 2017 to 2019, while there was a slight decline nationwide amid clean energy job losses reported in May.

Wind energy firms employed 2,937, and policy moves such as Ontario's clean electricity regulations signal broader market shifts, with more than 21% of those roles in manufacturing.

Job losses, though, were recorded in nuclear generation (minus 4.5%) and coal generation (minus 8.6%) over the two-year period, as electricity deregulation remains a point of debate in the sector. This mirrors national declines in both categories.

Federal efforts to support coal community revitalization are channeling clean energy projects to hard-hit regions.

Natural gas electric generation capacity doubled across Pennsylvania over the past decade; even as residents could face winter electricity price increases according to recent reports, employment still grew 13.4% from 2017 through 2019. But increasing output from unconventional wells has outpaced demand, sparking reductions in siting and drilling for new wells.

The Clean Energy Employment Report was released along with – and as part of – the 2020 Pennsylvania Energy Employment Report, which asserts that energy remains a large employer in the state, and new clean energy funding announcements underscore the sector's momentum. As of the last quarter of 2019, according to the larger report, energy accounted for 269,031 jobs, or 4.5% of the overall statewide workforce.

Wolf, in summary, said: "This report shows that workforce training investment decisions can benefit Pennsylvanians right now and position the state going forward to grow and improve livelihoods, the economy and our environment."

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Hourly Electricity Emissions Tracking maps grid balancing areas, embodied emissions, and imports/exports, revealing carbon intensity shifts across PJM, ERCOT, and California ISO, and clarifying renewable energy versus coal impacts on health and climate.

Key Points

An hourly method tracing generation, flows, and embodied emissions to quantify carbon intensity across US balancing areas.

✅ Hourly traces of imports/exports and generation mix

✅ Consumption-based carbon intensity by balancing area

✅ Policy insights for renewables, coal, health costs

In the United States, electricity generation accounts for nearly 30% of our carbon emissions. Some states have responded to that by setting aggressive renewable energy standards; others are hoping to see coal propped up even as its economics get worse. Complicating matters further is the fact that many regional grids are integrated, and as America goes electric the stakes grow, meaning power generated in one location may be exported and used in a different state entirely.

Tracking these electricity exports is critical for understanding how to lower our national carbon emissions. In addition, power from a dirty source like coal has health and environment impacts where it's produced, and the costs of these aren't always paid by the parties using the electricity. Unfortunately, getting reliable figures on how electricity is produced and where it's used is challenging, even for consumers trying to find where their electricity comes from in the first place, leaving some of the best estimates with a time resolution of only a month.

Now, three Stanford researchers—Jacques A. de Chalendar, John Taggart, and Sally M. Benson—have greatly improved on that standard, and they have managed to track power generation and use on an hourly basis. The researchers found that, of the 66 grid balancing areas within the United States, only three have carbon emissions equivalent to our national average, and they have found that imports and exports of electricity have both seasonal and daily changes. de Chalendar et al. discovered that the net results can be substantial, with imported electricity increasing California's emissions/power by 20%.

Hour by hour
To figure out the US energy trading landscape, the researchers obtained 2016 data for grid features called balancing areas. The continental US has 66 of these, providing much better spatial resolution on the data than the larger grid subdivisions. This doesn't cover everything—several balancing areas in Canada and Mexico are tied in to the US grid—and some of these balancing areas are much larger than others. The PJM grid, serving Pennsylvania, New Jersey, and Maryland, for example, is more than twice as large as Texas' ERCOT, in a state that produces and consumes the most electricity in the US.

Despite these limitations, it's possible to get hourly figures on how much electricity was generated, what was used to produce it, and whether it was used locally or exported to another balancing area. Information on the generating sources allowed the researchers to attach an emissions figure to each unit of electricity produced. Coal, for example, produces double the emissions of natural gas, which in turn produces more than an order of magnitude more carbon dioxide than the manufacturing of solar, wind, or hydro facilities. These figures were turned into what the authors call "embodied emissions" that can be traced to where they're eventually used.

Similar figures were also generated for sulfur dioxide and nitrogen oxides. Released by the burning of fossil fuels, these can both influence the global climate and produce local health problems.

Huge variation
The results were striking. "The consumption-based carbon intensity of electricity varies by almost an order of magnitude across the different regions in the US electricity system," the authors conclude. The low is the Bonneville Power grid region, which is largely supplied by hydropower; it has typical emissions below 100kg of carbon dioxide per megawatt-hour. The highest emissions come in the Ohio Valley Electric region, where emissions clear 900kg/MW-hr. Only three regional grids match the overall grid emissions intensity, although that includes the very large PJM (where capacity auction payouts recently fell), ERCOT, and Southern Co balancing areas.

Most of the low-emissions power that's exported comes from the Pacific Northwest's abundant hydropower, while the Rocky Mountains area exports electricity with the highest associated emissions. That leads to some striking asymmetries. Local generation in the hydro-rich Idaho Power Company has embodied emissions of only 71kg/MW-hr, while its imports, coming primarily from Rocky Mountain states, have a carbon content of 625kg/MW-hr.

The reliance on hydropower also makes the asymmetry seasonal. Local generation is highest in the spring as snow melts, but imports become a larger source outside this time of year. As solar and wind can also have pronounced seasonal shifts, similar changes will likely be seen as these become larger contributors to many of these regional grids. Similar things occur daily, as both demand and solar production (and, to a lesser extent, wind) have distinct daily profiles.

The Golden State
California's CISO provides another instructive case. Imports represent less than 30% of its total electric use in 2016, yet California electricity imports provided 40% of its embodied emissions. Some of these, however, come internally from California, provided by the Los Angeles Department of Water and Power. The state itself, however, has only had limited tracking of imported emissions, lumping many of its sources as "other," and has been exporting its energy policies to Western states in ways that shape regional markets.

Overall, the 2016 inventory provides a narrow picture of the US grid, as plenty of trends are rapidly changing our country's emissions profile, including the rise of renewables and the widespread adoption of efficiency measures and other utility trends in 2017 that continue to evolve. The method developed here can, however, allow for annual updates, providing us with a much better picture of trends. That could be quite valuable to track things like how the rapid rise in solar power is altering the daily production of clean power.

More significantly, it provides a basis for more informed policymaking. States that wish to promote low-emissions power can use the information here to either alter the source of their imports or to encourage the sites where they're produced to adopt more renewable power. And those states that are exporting electricity produced primarily through fossil fuels could ensure that the locations where the power is used pay a price that includes the health costs of its production.

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Louisiana Grid Rebuild After Hurricane Laura will overhaul transmission lines and distribution networks in Lake Charles, as Entergy restores power after catastrophic outages, replacing poles, transformers, and spans to stabilize critical electric infrastructure.

Key Points

Entergy's project replacing transmission and distribution in Lake Charles to restore power after the Cat 4 storm

✅ 1,000+ transmission structures and 6,637 poles damaged

✅ Entergy targets first energized line into Lake Charles in 2 weeks

✅ Full rebuild of Calcasieu and Cameron lines will take weeks

The main power utility for southwest Louisiana will need to "rebuild" the region's grid after Hurricane Laura blasted the region with 150 mph winds last week, top officials said.

The Category 4 hurricane made landfall last Thursday just south of Lake Charles near Cameron, damaging or destroying thousands of electric poles as well as leaving "catastrophic damages" to the transmission system for southwest Louisiana, similar to impacts seen during Typhoon Mangkhut outages in Hong Kong that left many without electricity.

“This is not a restoration," Entergy Louisiana president and CEO Phillip May said in a statement. "It’s almost a complete rebuild of our transmission and distribution system that serves Calcasieu and Cameron parishes.”

According to Entergy, all nine transmission lines that deliver power into the Lake Charles area are currently out service due to storm damage to multiple structures and spans of wire.

The transmission system is a critical component in the delivery of power to customers’ homes, and failures at substations can trigger large outages, as seen in Los Angeles station fire outage reported recently, according to the company.

Of those structures impacted, many were damaged "beyond repair" and require complete replacement.

Broken electrical poles are seen in Holly Beach, La., in the aftermath of Hurricane Laura, Saturday, Aug. 29, 2020. (AP Photo/Gerald Herbert)

Entergy said the damage in southwest Louisiana includes 1,000 transmission structures, 6,637 broken poles, 2,926 transformers and 338 miles of downed distribution wire, highlighting why proactive reliability investments in Hamilton are being pursued by other utilities.

Some 8,300 workers are now in the area working to rebuild the transmission lines, but Entergy said that it will be about two to three weeks before power is available to customers in the Lake Charles area, a timeline similar to Tennessee outages after severe storms reported recently in other states.

"Restoring power will take longer to customers in inaccessible areas of the region," the company said. "While not impacting the expected restoration of service to residential customers, initial estimates are it will take weeks to rebuild all transmission lines in Calcasieu and Cameron parishes."

Entergy Louisiana expects to energize the first of its transmission lines into Lake Charles in two weeks.

“We understand going without power for this extended period will be challenging, and this is not the news customers want to hear. But we have thousands of workers dedicated to rebuilding our grid as quickly as they safely can to return some normalcy to our customers’ lives,” May said.

According to power outage tracking website poweroutage.us, over 164,000 customers remain without service in Louisiana as of Thursday morning, while a Carolinas outage update shows hundreds of thousands affected there as well.

On Wednesday, the Edison Electric Institute, the association of investor-owned electric companies in the U.S., said in a statement to FOX Business that electricity has been restored to approximately 737,000 customers, or 75% of those impacted by the storm across Louisiana, eastern Texas, Mississippi, and Arkansas, even as utilities adapt to climate change to improve resilience.

At least 29,000 workers from 29 states, the District of Columbia and Canada are working to restore power in the region, according to the Electricity Subsector Coordinating Council (ESCC), which is coordinating efforts from government and power industry.

“The transmission loss in Louisiana is significant, with more than 1,000 transmission structures damaged or destroyed by the storm," Department of Energy (DOE) Deputy Secretary Mark Menezes said in a statement. Rebuilding the transmission system is essential to the overall restoration effort and will take weeks given the massive scale and complexity of the work. We will continue to coordinate closely to ensure the full capabilities of the industry and government are marshaled to rebuild this critical infrastructure as quickly as possible.” 

At least 17 deaths in Louisiana have been attributed to the storm; more than half of those killed by carbon monoxide poisoning from the unsafe operation of generators, and residents are urged to follow generator safety tips to reduce these risks. Two additional deaths were verified on Wednesday in Beauregard Parish, which health officials said were due to heat-related illness following the storm.

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Energy Justice Program drives a renewables-based transition, challenging utility monopolies with legal action, promoting rooftop solar, distributed energy, public power, and climate justice to decarbonize the grid and protect communities and wildlife nationwide.

Key Points

A climate justice initiative advancing renewables, legal action, and public power to challenge utility monopolies.

✅ Challenges utility barriers to rooftop solar and distributed energy

✅ Advances state and federal policies for equitable, public power

✅ Uses litigation to curb fossil fuel dependence and protect communities

The Center for Biological Diversity on Monday rolled out a new program to push back against the nation's community- and wildlife-harming energy system that the climate advocacy group says is based on fossil fuels and a "centralized monopoly on power."

The goal of the new effort, the Energy Justice Program, is to help forge a path towards a just and renewables-based energy future informed by equitable regulation principles.

"Our broken energy system threatens our climate and our future," said Jean Su, the Energy Justice Program's new director, in a statement. "Utilities were given monopolies to ensure public access to electricity, but these dinosaur corporations are now hurting the public interest by blocking the clean energy transition, including via coal and nuclear subsidy schemes that profit off the fossil fuel era."

"In this era of climate catastrophe," she continued, "we have to stop these outdated monopolies and usher in a new electricity future that works for people and the planet."

To meet those goals, the new program will pursue a number of avenues, including using legal action to fight utilities' obstruction of clean energy efforts, helping communities advance local solar programs through energy freedom strategies in the South, and crafting energy policies on the state, federal, and international levels in step with commitments from major energy buyers to achieve a 90% carbon-free goal by 2030.

Some of that work is already underway. In June the Center filed a brief with a federal court in a bid to block Arizona power utility Salt River Project from slapping a 60-percent electricity rate hike on rooftop solar customers—amid federal efforts to reshape electricity pricing that critics say are being rushed—a move the group described (pdf) as an obstacle to achieving "the energy transition demanded by climate science."

The Center is among the groups in Energy Justice NC. The diverse coalition seeks to end the energy stranglehold in North Carolina held by Duke Energy, which continues to invest in fossil fuel projects even as it touts clean energy and grid investments in the region.

The time for a new energy system, says the Energy Justice Program, is now, as climate change impacts increasingly strain the grid.

"Amid this climate and extinction emergency," said Su, "the U.S. can't afford to stick with the same centralized, profit-driven electricity system that drove us here in the first place. We have to seize this once-in-a-generation opportunity to design a new system of accountable, equitable, truly public power."

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