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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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eRex Biomass Power Plant will deliver 300 MW in Japan, offering stable baseload renewable energy, coal-cost parity, and feed-in tariff independence through economies of scale, efficient fuel procurement, and utility-scale operations supporting RE100 demand.

Key Points

A 300 MW Japan biomass project targeting coal-cost parity and FIT-free, stable baseload renewable power.

✅ 300 MW capacity; enough for about 700,000 households

✅ Aims to skip feed-in tariff via economies of scale

✅ Targets coal-cost parity with stable, dispatchable output

Power supplier eRex will build its largest biomass power plant to date in Japan, hoping the facility's scale will provide healthy margins, a strategy increasingly seen among renewable developers pursuing diverse energy sources, and a means of skipping the government's feed-in tariff program.

The Tokyo-based electric company is in the process of selecting a location, most likely in eastern Japan. It aims to open the plant around 2024 or 2025 following a feasibility study. The facility will cost an estimated 90 billion yen ($812 million) or so, and have an output of 300 megawatts -- enough to supply about 700,000 households. ERex may work with a regional utility or other partner

The biggest biomass power plant operating in Japan currently has an output of 100 MW. With roughly triple that output, the new facility will rank among the world's largest, reflecting momentum toward 100% renewable energy globally that is shaping investment decisions.

Nearly all biomass power facilities in Japan sell their output through the government-mediated feed-in tariff program, which requires utilities to buy renewable energy at a fixed price. For large biomass plants that burn wood or agricultural waste, the rate is set at 21 yen per kilowatt-hour. But the program costs the Japanese public more than 2 trillion yen a year, and is said to hamper price competition.

ERex aims to forgo the feed-in tariff with its new plant by reaping economies of scale in operation and fuel procurement. The goal is to make the undertaking as economical as coal energy, which costs around 12 yen per kilowatt-hour, even as solar's rise in the U.S. underscores evolving benchmarks for competitive renewables.

Much of the renewable energy available in Japan is solar power, which fluctuates widely according to weather conditions, though power prediction accuracy has improved at Japanese PV projects. Biomass plants, which use such materials as wood chips and palm kernel shells as fuel, offer a more stable alternative.

Demand for reliable sources of renewable energy is on the rise in the business world, as shown by the RE100 initiative, in which 100 of the world's biggest companies, such as Olympus, have announced their commitment to get 100% of their power from renewable sources. ERex's new facility may spur competition.

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DTEK Rotterdam+ price-fixing case scrutinizes alleged collusion over coal-based electricity tariffs in Ukraine, with NABU probing NERC regulators, market manipulation, consumer overpayment, and wholesale pricing tied to imported coal benchmarks.

Key Points

NABU probes alleged DTEK-NERC collusion to inflate coal power tariffs via Rotterdam+; all suspects deny wrongdoing.

✅ NABU alleges tariff manipulation tied to coal import benchmarks.

✅ Four DTEK execs and four NERC officials reportedly charged.

✅ Probe centers on 2016-2017 overpayments; defendants contest.

Two more executives of DTEK, Ukraine’s largest private power and coal producer and recently in energy talks with Octopus Energy, have been charged in a criminal case on August 14 involving an alleged conspiracy to fix electricity prices with the state energy regulator, Interfax reported.

They are Ivan Helyukh, the CEO of subsidiary DTEK Grid, which operates as Ukraine modernizes its network alongside global moves toward a smart electricity grid, and Borys Lisoviy, a top manager of power generation company Skhidenergo, according to Kyiv-based Concorde Capital investment bank.

Ukraine’s Anti-Corruption Bureau (NABU) alleges that now four DTEK managers “pressured” and colluded with four regulators at the National Energy and Utilities Regulatory Commission to manipulate tariffs on electricity generated from coal that forced consumers to overpay, reflecting debates about unjustified profits in the UK, $747 million in 2016-2017.

DTEK allegedly benefited $560 million in the scheme.

All eight suspects are charged with “abuse of office” and deny wrongdoing, similar to findings in a B.C. Hydro regulator report published in Canada.

There is “no legitimate basis for suspicions set out in the investigation,” DTEK said in an August 8 statement.

Suspect Dmytro Vovk, the former head of NERC, dismissed the investigation as a “wild goose chase” on Facebook.

In separate statements over the past week, DTEK said the managers who are charged have prematurely returned from vacation to “fully cooperate” with authorities in order to “help establish the truth.”

A Kyiv court on August 14 set bail at $400,000 for one DTEK manager who wasn’t named, as enforcement actions like the NT Power penalty highlight regulatory consequences.

The so-called Rotterdam+ pricing formula that NABU has been investigating since March 2017, similar to federal scrutiny of TVA rates, was in place from April 2016 until July of this year.

It based the wholesale price of electricity by Ukrainian thermal power plants on coal prices set in the Rotterdam port plus delivery costs to Ukraine.

NABU alleges that at certain times it has not seen documented proof that the purchased coal originated in Rotterdam, insisting that there was no justification for the price hikes, echoing issues around paying for electricity in India in some markets.

Ukraine started facing thermal-coal shortages after fighting between government forces and Russia-backed separatists in the eastern part of the country erupted in April 2014. A vast majority of the anthracite-coal mines on which many Ukrainian plants rely are located on territory controlled by the separatists.

Overnight, Ukraine went from being a net exporter of coal to a net importer and started purchasing coal from as far away as South Africa and Australia.

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Texas Power Grid Crisis strains ERCOT as extreme cold, ice storms, and heavy snow trigger rolling blackouts, load shedding, and boil-water notices, leaving millions without electricity while frozen turbines and low gas pressure hinder generation.

Key Points

A statewide emergency of outages and boil-water notices as ERCOT battles extreme cold and load shedding.

✅ Millions without power; ERCOT orders load shedding

✅ Boil-water notices in Austin, Houston, Fort Worth

✅ Frozen equipment, low gas pressure, extreme cold disrupt supply

Nearly 3 million homes and businesses in Texas remain without power, some for a third consecutive day, as severe winter weather continues to pummel the state, forcing some localities to issue boil-water notices and urge residents to reduce their electricity usage.

Heavy snowfall, ice storms and bitter temperatures continue to put an enormous strain on the state's power grid. This as the Electric Reliability Council of Texas (ERCOT), which manages roughly 75% of the Texas power grid, announced Wednesday morning that some 600,000 households had power restored overnight.

That still left another 2.7 million customers having to endure extreme cold with no indication of when the thaw would break in their homes.

"We know millions of people are suffering," ERCOT's president and CEO, Bill Magness, said in a statement Wednesday. "We have no other priority than getting them electricity. No other priority."

ERCOT also said Wednesday that it was urging local utilities to shed some 14,000 megawatts of load, which translates to roughly 2.8 million customers, to prepare for a sudden increase in demand.

"The ability to restore more power is contingent on more generation coming back online," said Dan Woodfin, the senior director of ERCOT's system operations, and utility supply-chain constraints can further complicate repair timelines for some utilities.

He said that about 185 generating units were offline, stemming from a range of factors including frozen wind turbines, low gas pressure and frozen instrumentation.

But many Texans feel abandoned by the council and power companies and they are lashing out at the local face of utilities.

The City of Austin's community-owned electric utility, Austin Energy, issued a tweet saying crews that are working to restore power are facing harassment.

"Our crews have been working 24/7 and in these elements," Austin Energy announced. "Some of our crews are reporting incidents of harassment, threatening them and even throwing things at them."

Officials pleaded with the public to remain calm. "I know people are extremely frustrated. But please, I bet of you, do not approach AE crews."

Parts of Austin are under a boil water notice, which Austin Water Director Greg Meszaros attempted to explain during a press briefing Wednesday afternoon.

"There was a large main break in that area, maybe multiple ones. We're seeing main breaks and pipes bursting by the tens of thousands. Our entire system is under stress," Meszaros said.

It's not just the Lone Star State that is being crippled by the arctic blast, with a deep freeze slamming the energy sector across the country.

At least two dozen people have died this week from weather-related incidents, according to The Associated Press.

The National Weather Service reports that more than 100 million Americans are being affected by extreme winter weather from the south central U.S. to the East Coast, including Arkansas, Louisiana, Mississippi, North Carolina, Virginia and West Virginia, and analysts warn of blackout risks nationwide during extreme heat as well.

The National Weather Service adds that cold temperatures over the nation's heartland will begin to "moderate in the coming days" but that many parts will remain 20 to 35 degrees below normal in the Great Plains, Mississippi Valley and lower Great Lakes region.

"Potential is increasing for significant icing across portions of the Mid-Atlantic, which will be very impactful, especially for those hardest hit from the previous ice storm," the National Weather Service tweeted Wednesday.

Texas Gov. Greg Abbott railed against ERCOT, and Elon Musk criticized the agency as unreliable, saying the utility "has been anything but reliable over the past 48 hours."

"This is unacceptable," Abbott added, as residents were facing rotating intentional power outages. The governor issued an executive order that will add reforms for how the power grid is managed, including grid reliability improvements under discussion, as an emergency legislative item for the state legislature to review.

The rolling power outages forced Fort Worth to extend a boil-water notice for roughly 212,000 residents. Officials said the outages affected the city's systems that both treat water and move it to customers.

Fort Worth officials said nine other localities that purchase water from the city are also affected, including Haslet, Keller, Lake Worth and Northlake.

Officials in Houston also issued a boil-water notice for the city's residents Wednesday.

"Do not drink the water without boiling it first," Houston Public Works said from its official Twitter account. "Bring all water to a boil for at least two minutes. Let it cool before using."

In Harris County, which includes Houston, Judge Lina Hidalgo warned residents about extended power outages.

"Let me give it to you straight, based on the visibility I have: Whether you have power or not right now, there is a possibility of power outages even beyond the length of this weather," Hidalgo said, according to Houston Public Media.

The NPR member station adds that county officials have also reported more than 300 cases of carbon monoxide poisoning since Monday as residents going without electricity search desperately for alternative sources of warmth.

"In no uncertain terms, this is a public health disaster and a public health emergency," Samuel Prater, an emergency physician at Memorial Hermann-Texas Medical Center, said at a news briefing Tuesday.

Prater warned residents that over the last 24 hours, emergency officials "have seen a striking increase in the number of cases related to improper heating sources," including indoor use of generators, charcoal grills, campfire stoves and other devices that are being used to warm homes. The result, he added, is carbon monoxide poisoning of entire families.

"If you think you or a loved one has become ill from carbon monoxide poisoning, first thing you need to do is get outside to fresh air," Prater said.

A woman and an 8-year-old girl are among those who have reportedly died from carbon monoxide poisoning after a vehicle was left running inside a garage in an attempt to generate heat, according to Houston's ABC affiliate.

As Texas endures further weather-related issues, including road and highway closures, there's a renewed focus on how the Texas power grid has failed, and why the grid is facing another crisis amid this prolonged cold.

The Texas electrical grid is "facing conditions that it was not designed for," said Emily Grubert, a professor at Georgia Tech whose expertise includes electric networks.

"These are really extreme conditions for the Texas grid. It's very cold. It's cold across the entire state, and it's cold for a long time. This does not happen very often," she said in an interview with NPR's Morning Edition.

"Demand really spiked both in the electricity and the natural gas systems at the same time as a lot of the generators were not able to operate because of those cold conditions, and not being prepared for it is really what's going on," Grubert said. "But a lot of grids are susceptible to really, really major failures when they are this far outside of design conditions."

Abbott told Fox News on Tuesday that with weather-related shutdowns in wind and solar energy, which account for more than 10% of the state's grid, renewable energy is partly to blame for the Texas power crisis, even as he later touted the grid's readiness heading into the fall.

"It just shows that fossil fuel is necessary for the state of Texas as well as other states to make sure that we'll be able to heat our homes in the wintertime and cool our homes in the summertime," Abbott said.

But Grubert said that "coal, gas and nuclear actually shut down because of the extreme cold due to things like instruments freezing, et cetera. So I think the overall point here is all of the fuels were really, really struggling."

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Hydroelectric retrofits for unpowered dams leverage turbines to add renewable capacity, bolster grid reliability, and enable low-impact energy storage, supporting U.S. and Canada decarbonization goals with lower costs, minimal habitat disruption, and climate resilience.

Key Points

They add turbines to existing dams to make clean power, stabilize the grid, and offer low-impact storage at lower cost.

✅ Lower capex than new dams; minimal habitat disruption

✅ Adds firming and storage to support wind and solar

✅ New low-head turbines unlock more retrofit sites

As countries race to get their power grids off fossil fuels to fight climate change, there's a big push in the U.S. to upgrade dams built for purposes such as water management or navigation with a feature they never had before — hydroelectric turbines. 

And the strategy is being used in parts of Canada, too, with growing interest in hydropower from Canada supplying New York and New England.

The U.S. Energy Information Administration says only three per cent of 90,000 U.S. dams currently generate electricity. A 2012 report from the U.S. Department of Energy found that those dams have 12,000 megawatts (MW) of potential hydroelectric generation capacity. (According to the National Hydropower Association, 1 MW can power 750 to 1,000 homes. That means 12,000 MW should be able to power more than nine million homes.)

As of May 2019, there were projects planned to convert 32 unpowered dams to add 330 MW to the grid over the next several years.

One that was recently completed was the Red Rock Hydroelectric Project, a 60-year-old flood control dam on the Des Moines River in Iowa that was retrofitted in 2014 to generate 36.4 MW at normal reservoir levels, and up to 55 MW at high reservoir levels and flows. It started feeding power to the grid this spring, and is expected to generate enough annually to supply power to 18,000 homes.

It's an approach that advocates say can convert more of the grid from fossil fuels to clean energy, often with a lower cost and environmental impact than building new dams.

Hydroelectric facilities can also be used for energy storage, complementing intermittent clean energy sources such as wind and solar with pumped storage to help maintain a more reliable, resilient grid.

The Nature Conservancy and the World Wildlife Fund are two environmental groups that oppose new hydro dams because they can block fish migration, harm water quality, damage surrounding ecosystems and release methane and CO2, and in some regions, Western Canada drought has reduced hydropower output as reservoirs run low. But they say adding turbines to non-powered dams can be part of a shift toward low-impact hydro projects that can support expansion of solar and wind power.

Paul Norris, president of the Ontario Waterpower Association, said there's typically widespread community support for such projects in his province amid ongoing debate over whether Ontario is embracing clean power in its future plans. "Any time that you can better use existing assets, I think that's a good thing."

New turbine technology means water doesn't need to fall from as great a height to generate power, providing opportunities at sites that weren't commercially viable in the past, Norris said, with recent investments such as new turbines in Manitoba showing what is possible.

In Ontario, about 1,000 unpowered dams are owned by various levels of government. "With the appropriate policy framework, many of these assets have the potential to be retrofitted for small hydro," Norris wrote in a letter to Ontario's Independent Electricity System Operator this year as part of a discussion on small-scale local energy generation resources.

He told CBC that several such projects are already in operation, such as a 950 kW retrofit of the McLeod Dam at the Moira River in Belleville, Ont., in 2008. 

Four hydro stations were going to be added during dam refurbishment on the Trent-Severn Waterway, but they were among 758 renewable energy projects cancelled by Premier Doug Ford's government after his election in 2018, a move examined in an analysis of Ontario's dirtier electricity outlook and its implications.

Patrick Bateman, senior vice-president of Waterpower Canada, said such dam retrofit projects are uncommon in most provinces. "I don't see it being a large part of the future electricity generation capacity."

He said there has been less movement on retrofitting unpowered dams in Canada compared to the U.S., because:

There are a lot more opportunities in Canada to refurbish large, existing hydro-generating stations to boost capacity on a bigger scale.

There's less growth in demand for clean energy, because more of Canada's grid is already non-carbon-emitting (80 per cent) compared to the U.S. (40 per cent).

Even so, Norris thinks Canadians should be looking at all opportunities and options when it comes to transitioning the grid away from fossil fuels, including retrofitting non-powered dams, especially as a recent report highlights Canada's looming power problem over the coming decades.

"If we're going to be serious about addressing the inevitable challenges associated with climate change targets and net zero, it really is an all-of-the-above approach."

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Franco-German Nuclear Power Divide shapes EU energy policy, electricity market reform, and decarbonization strategies, as Paris backs reactors and state subsidies while Berlin prioritizes renewables, hydrogen, and energy security after Russian gas shocks.

Key Points

A policy rift over nuclear shaping EU market reform, subsidies, and the balance between reactors and renewables.

✅ Nuclear in EU targets vs. renewables-first strategy

✅ Market design disputes over long-term power prices

✅ Energy security after Russian gas; hydrogen definitions

Near the French village of Fessenheim, facing Germany across the Rhine, a nuclear power station stands dormant. The German protesters that once demanded the site’s closure have decamped, in a sign of Europe's nuclear decline, and the last watts were produced three years ago. 

But disagreements over how the plant from 1977 should be repurposed persist, speaking to a much deeper divide over nuclear power, which Eon chief's warning to Germany underscored, between the two countries on either side of the river’s banks.

German officials have disputed a proposal to turn it into a centre to treat metals exposed to low levels of radioactivity, Fessenheim’s mayor Claude Brender says. “They are not on board with anything that might in some way make the nuclear industry more acceptable,” he adds.

France and Germany’s split over nuclear power is a tale of diverging mindsets fashioned over decades, including since the Chernobyl disaster in USSR-era Ukraine. But it has now become a major faultline in a touchy relationship between Europe’s two biggest economies.

Their stand-off over how to treat nuclear in a series of EU reforms has consequences for how Europe plans to advance towards cleaner energy. It will also affect how the bloc secures power supplies as the region weans itself off Russian gas, even though nuclear would do little for the gas issue, and how it provides its industry with affordable energy to compete with the US and China. 

“There can be squabbles between partners. But we’re not in a retirement home today squabbling over trivial matters. Europe is in a serious situation,” says Eric-André Martin, a specialist in Franco-German relations at French think-tank IFRI. 

France, which produces two-thirds of its power from nuclear plants and has plans for more reactors, is fighting for the low-carbon technology to be factored into its targets for reducing emissions and for leeway to use state subsidies to fund the sector.

For Germany, which closed its last nuclear plants this year and, having turned its back on nuclear, has been particularly shaken by its former reliance on Russian gas, there’s concern that a nuclear drive will detract from renewable energy advances.

But there is also an economic subtext in a region still reeling from an energy crisis last year, reviving arguments for a needed nuclear option for climate in Germany, when prices spiked and laid bare how vulnerable households and manufacturers could become.

Berlin is wary that Paris would benefit more than its neighbours if it ends up being able to guarantee low power prices from its large nuclear output as a result of new EU rules on electricity markets, amid talk of a possible U-turn on the phaseout, people close to talks between the two countries say.

Ministers on both sides have acknowledged there is a problem. “The conflict is painful. It’s painful for the two governments as well as for our [EU] partners,” Sven Giegold, state secretary at the German economy and climate action ministry, where debates about whether a nuclear resurgence is possible persist, tells the Financial Times. 

Agnès Pannier-Runacher, France’s energy minister, says she wants to “get out of the realm of the emotional and move past the considerable misunderstandings that have accumulated in this discussion”.

In a joint appearance in Hamburg last week, German chancellor Olaf Scholz and French president Emmanuel Macron made encouraging noises over their ability to break the latest deadlock: a disagreement over the design of the EU’s electricity market. Ministers had been due to agree a plan in June but will now meet on October 17 to discuss the reform, aimed at stabilising long-term prices.

But the French and German impasse on nuclear has already slowed down debates on key EU policies such as rules on renewable energy and how hydrogen should be produced. Smaller member states are becoming impatient. The delay on the market design is “a big Franco-German show of incompetence again”, says an energy ministry official from another EU country who requested anonymity. 

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