Government faces lawsuit over Kyoto targets

By Toronto Star


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An environmental group is taking the Conservative government to court for not meeting its obligations under a recently passed climate-change law.

Friends of the Earth filed an application for judicial review in Federal Court, with the help of Toronto lawyer Chris Paliare and Ecojustice.

The group charges that Environment Minister John Baird is ignoring the rule of law by failing to comply with legislation that requires the government meet its targets under the Kyoto Protocol and submit a plan illustrating how it would do so. The Kyoto Protocol Implementation Act was passed with the support of the opposition in June.

Garry Keller, BairdÂ’s director of communications, said in a statement that the department would have no comment on cases before the courts.

Beatrice Olivastri of Friends of the Earth says that just as a deadbeat dad would be forced to provide money to his children, so too should a judge order the federal government live up to its legal obligations.

"Some of the excuses we've heard around Kyoto are reminiscent of what you hear from deadbeat dads: I can't afford the payments, I'd have to give up too much to afford the payments," Olivastri said. “It's running away from the responsibility that our government bears."

Baird did submit an ostensible Kyoto blueprint in August – as required by the legislation – but it did not commit to meeting the Kyoto target of reducing greenhouse gas emissions by six per cent below 1990 levels by 2012. The Conservatives have consistently maintained that years of inaction on the part of their Liberal predecessors makes it impossible to meet the targets without serious consequences for the economy.

The Conservatives underline that they have their own plan to tackle global warming, one which will put Canada more than 30 per cent over its Kyoto targets but will ultimately put the country on track for deeper reductions.

Liberal MP Pablo Rodriguez, the original sponsor of the bill that became the Kyoto Protocol Implementation Act, said the legislation was spurred when the Conservatives made it clear they would not respect the international treaty.

"First you start with not respecting the international, and then they don't respect the national law. They have to face the consequences."

Meanwhile, the NDP has said they are no longer fixated on the issue of the Kyoto targets, but instead would like the government to commit to a more stringent environmental plan.

A Clean Air Act that was before Parliament, and heavily amended by the opposition, died on the order paper when the last session of Parliament ended earlier this week. NDP Leader Jack Layton has said he would like to see it revived by the government, but Tory House Leader Peter Van Loan said that's not on.

Friends of the Earth had filed another application against the government in Federal Court earlier in the year, alleging the government was violating the Canadian Environmental Protection Act by not living up to Kyoto. That case has been abandoned in favour of the new one based on the more specific Kyoto Protocol Implementation Act.

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Switch from fossil fuels to electricity could cost $1.4 trillion, Canadian Gas Association warns

Canada Electrification Costs: report estimates $580B-$1.4T to scale renewable energy, wind, solar, and storage capacity to 2050, shifting from natural gas toward net-zero emissions and raising average household energy spending by $1,300-$3,200 annually.

 

Key Points

Projected national expense to expand renewables and electrify energy systems by 2050, impacting household energy bills.

✅ $580B-$1.4T forecast for 2020-2050 energy transition

✅ 278-422 GW wind, solar, storage capacity by 2050

✅ Household costs up $1,300-$3,200 per year on average

 

The Canadian Gas Association says building renewable electricity capacity to replace just half of Canada's current fossil fuel-generated energy, a shift with significant policy implications for grids across provinces, could increase national costs by as much as $1.4 trillion over the next 30 years.

In a report, it contends, echoing an IEA report on net-zero, that growing electricity's contribution to Canada's energy mix from its current 19 per cent to about 60 per cent, a step critical to meeting climate pledges that policymakers emphasize, will require an expansion from 141 gigawatts today to between 278 and 422 GW of renewable wind, solar and storage capacity by 2050.

It says that will increase national energy costs by between $580 billion and $1.4 trillion between 2020 and 2050, a projection consistent with recent reports of higher electricity prices in Alberta amid policy shifts, translating into an average increase in Canadian household spending of $1,300 to $3,200 per year.

The study, prepared by consulting firm ICF for the association, assumes electrification begins in 2020 and is applied in all feasible applications by 2050, with investments in the electricity system, guided by the implications of decarbonizing the grid for reliability and cost, proceeding as existing natural gas and electric end use equipment reaches normal end of life.

Association CEO Tim Egan says the numbers are "pretty daunting" and support the integration of natural gas with electric, amid Canada's race to net-zero commitments, instead of using an electric-only option as the most cost-efficient way for Canada to reach environmental policy goals.

But Keith Stewart, senior energy strategist with Greenpeace Canada, says scientists are calling for the world to get to net-zero emissions by 2050, and Canada's net-zero by 2050 target underscores that urgency to avoid "catastrophic" levels of warming, so investing in natural gas infrastructure to then shut it down seems a "very expensive option."

 

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During this Pandemic, Save Money - How To Better Understand Your Electricity Bill

Commercial Electric Tariffs explain utility rate structures, peak demand charges, kWh vs kW pricing, time-of-use periods, voltage, delivery, capacity ratchets, and riders, guiding facility managers in tariff analysis for accurate energy savings.

 

Key Points

Commercial electric tariffs define utility pricing for energy, demand, delivery, time-of-use periods, riders, and ratchet charges.

✅ Separate kWh charges from kW peak demand fees.

✅ Verify time-of-use windows and demand interval length.

✅ Review riders, capacity ratchets, and minimum demand clauses.

 

Especially during these tough economic times, as major changes to electric bills are debated in some states, facility executives who don’t understand how their power is priced have been disappointed when their energy projects failed to produce expected dollar savings. Here’s how not to be one of them.

Your electric rate is spelled out in a document called a “tariff” that can be downloaded from your utility’s web page. A tariff should clearly spell out the costs for each component that is part of your rate, reflecting cost allocation practices in your region. Don’t be surprised to learn that it contains a bunch of them. Unlike residential electric rates, commercial electric bills are not based solely on the quantity of kilowatt-hours (kWh) consumed in a billing period (in the United States, that’s a month). Instead, different rates may apply to how your power is supplied, how it is delivered via electricity delivery charges, when it was consumed, its voltage, how fast it was used (in kW), and other factors.

If a tariff’s lingo and word structure are too opaque, spend some time with a utility account rep to translate it. Many state utility commissions also have customer advocates that may assist as they explore new utility rate designs that affect customers. Alternatively, for a fee, facility managers can privately chat with an energy consultant.

Common mistakes

Many facility managers try to estimate savings based on an averaged electric rate, i.e., annual electric spend divided by annual kWh. However, in markets where electricity demand is flat, such a number may obscure the fastest rising cost component: monthly peak demand charges, measured in dollars per kW (or kilo-volt-amperes, kVA).

This charge is like a monthly speeding ticket, based solely on the highest speed you drove during that time. In some areas, peak demand charges now account for 30 to 60 percent of a facility’s annual electric spend. When projecting energy cost savings, failing to separately account for kW peak demand and kWh consumption may result in erroneous results, and a lot of questions from the C-suite.

How peak demand charges are calculated varies among utilities. Some base it on the highest average speed of use across one hour in a month, while others may use the highest average speed during a 15- or 30-minute period. Others may average several of the highest speeds within a defined time period (for example, 8 a.m. to 6 p.m. on weekdays). It is whatever your tariff says it is.

Because some power-consuming (or producing) devices, including those tied to smart home electricity networks, vary in their operation or abilities, they may save money on a few — but not all — of those rate components. If an equipment vendor calculates savings from its product by using an average electric rate, take pause. Tell the vendor to return after the proposal has been redone using tariff-based numbers.

When a vendor is the only person calculating potential savings from using a product, there’s also a built-in conflict of interest: The person profiting from an equipment sale should not also be the one calculating its expected financial return. Before signing any energy project contracts, it’s essential that someone independent of the deal reviews projected savings. That person (typically an energy or engineering consultant) should be quite familiar with your facility’s electric tariff, including any special provisions, riders, discounts, etc., that may pertain. When this doesn’t happen, savings often don’t occur as planned. 

For example, some utilities add another form of demand charge, based on the highest kW in a year. It has various names: capacity, contract demand, or the generic term “ratchet charge.” Some utilities also have a minimum ratchet charge which may be based on a percent of a facility’s annual kW peak. It ensures collection of sufficient utility revenue to cover the cost of installed transmission and distribution even when a customer significantly cuts its peak demand.

 

 

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OPG, TVA Partner on New Nuclear Technology Development

OPG-TVA SMR Partnership advances advanced nuclear technology and small modular reactors for 24/7 carbon-free baseload power, enabling net-zero goals, cross-border licensing, and deployment within a North American clean energy hub.

 

Key Points

A cross-border effort by OPG and TVA to develop, license, and deploy SMRs for reliable, carbon-free baseload power.

✅ Coordinates design, licensing, construction, and operations

✅ Supports 24/7 baseload, net-zero targets, and energy security

✅ Leverages Darlington and Clinch River early site permits

 

Two of North America's leading nuclear utilities unveiled a pioneering partnership to develop advanced nuclear technology as an integral part of a clean energy future and creating a North American energy hub. Ontario Power Generation, whose OPG's SMR commitment is well established, and the Tennessee Valley Authority will jointly work to help develop small modular reactors as an effective long-term source of 24/7 carbon-free energy in both Canada and the U.S.

The agreement allows the companies to coordinate their explorations into the design, licensing, construction and operation of small modular reactors.

"As leaders in our industry and nations, OPG and TVA share a common goal to decarbonize energy generation while maintaining reliability and low-cost service, which our customers expect and deserve," said Jeff Lyash, TVA President and CEO. "Advanced nuclear technology will not only help us meet our net-zero carbon targets but will also advance North American energy security."

"Nuclear energy has long been key to Ontario's clean electricity grid, and is a crucial part of our net-zero future," said Ken Hartwick, OPG President and CEO. "Working together, OPG and TVA will find efficiencies and share best practices for the long-term supply of the economical, carbon-free, reliable electricity our jurisdictions need, supported by ongoing Pickering life extensions across Ontario's fleet."

OPG and TVA have similar histories and missions. Both are based on public power models that developed from renewable hydroelectric generation before adding nuclear to their generation mixes. Today, nuclear generation accounts for significant portions of their carbon-free energy portfolios, with Ontario advancing the Pickering B refurbishment to sustain capacity.

Both are also actively exploring SMR technologies. OPG is moving forward with plans to deploy an SMR at its Darlington nuclear facility in Clarington, ON, as part of broader Darlington SMR plans now underway. The Darlington site is the only location in Canada licensed for new nuclear with a completed and accepted Environmental Assessment. TVA currently holds the only Nuclear Regulatory Commission Early Site Permit in the U.S. for small modular reactor deployment at its Clinch River site near Oak Ridge, TN.

No exchange of funding is involved. However, the collaboration agreement will help OPG and TVA reduce the financial risk that comes from development of innovative technology, as well as future deployment costs.

"TVA has the most recent experience completing a new nuclear plant in North America at Watts Bar and that knowledge is invaluable to us as we work toward the first SMR groundbreaking at Darlington," said Hartwick. "Likewise, because we are a little further along in our construction timing, TVA will gain the advantage of our experience before they start work at Clinch River."

"It's a win-win agreement that benefits all of those served by both OPG and TVA, as well as our nations," said Lyash. "Moving this technology forward is not only a significant step in advancing a clean energy future and Canada's climate goals, but also in creating a North American energy hub."

"With the demand for clean electricity on the rise around the world, Ontario's momentum is growing. The world is watching Ontario as we advance our work to fully unleash our nuclear advantage, alongside a premiers' SMR initiative that underscores provincial collaboration. I congratulate OPG and TVA – two great industry leaders – for working together to deploy SMRs and showcase and apply Canada's nuclear expertise that will deliver economic, health and environmental benefits for all of us to enjoy," said Todd Smith, Ontario Minister of Energy.

"The changing climate is a global crisis that requires global solutions. The partnership between the Tennessee Valley Authority and Ontario Power Generation to develop and deploy advanced nuclear technology is exactly the kind of innovative collaboration that is needed to quickly bring the next generation of nuclear carbon-free generation to market. I applaud the leadership that both companies are demonstrating to further strengthen our cross-border relationships," said Maria Korsnick, President and CEO, Nuclear Energy Institute.

 

 

 

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Seven small UK energy suppliers must pay renewables fees or risk losing licence

Ofgem Renewables Obligations drive supplier payments for renewables fees, feed-in tariffs, and renewable generation, with non-payment risking supply licences amid the price cap and volatile wholesale prices across the UK energy market.

 

Key Points

Mandatory payments by suppliers funding renewables via feed-in tariffs; non-payment can trigger supply licence revoking.

✅ Covers Renewables Obligation and Feed-in Tariff scheme compliance.

✅ Non-payment can lead to Ofgem action and licence loss.

✅ Affected by price cap and wholesale price volatility.

 

Seven small British energy suppliers owe a total of 34 million pounds ($43.74 million) in renewables fees, amid a renewables backlog that has stalled projects, and could face losing their supply licences if they cannot pay, energy regulator Ofgem reports.

Under Britain’s energy market rules, suppliers of energy must meet so-called renewables obligations and feed-in tariffs, including households' ability to sell solar power back to energy firms, which are imposed on them by the government to help fund renewable power generation.

Several small energy companies have gone bust over the past two years, a trend echoed by findings from a global utility study on renewable priorities, as they struggled to pay the renewables fees and as their profits were affected by a price cap on the most commonly used tariffs and fluctuating wholesale prices, even as a 10 GW contract brings new renewable capacity onto the UK grid.

Ofgem has called on the companies to make necessary payments by Oct. 31, as moves to offer community-generated power to all UK customers progress.

“If they do not pay Ofgem could start the process of revoking their licences to supply energy,” it said in a statement, as offshore wind power continues to scale nationwide.

The seven suppliers are, amid debates over clean energy impacts, Co-Operative Energy Limited; Flow Energy Limited; MA Energy Limited; Nabuh Energy Limited; Robin Hood Energy Limited; Symbio Energy Limited and Tonik Energy Limited. ($1 = 0.7773 pounds)

 

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Nova Scotia's last paper mill seeks new discount electricity rate

Nova Scotia Power Active Demand Control Tariff lets the utility direct Port Hawkesbury Paper load, enabling demand response, efficiency, and industrial electricity rates, while regulators assess impacts on ratepayers, grid reliability, mill viability, and savings.

 

Key Points

A four-year tariff letting the utility control the mill load for demand response, efficiency, and lower costs.

✅ Utility can increase or reduce daily consumption at the mill

✅ Projected savings of $10M annually for other ratepayers to 2023

✅ Regulators reviewing cost allocation, monitoring, and viability

 

Nova Scotia Power is scheduled to appear before government regulators Tuesday morning seeking approval for a unique discount rate for its largest customer.

Under the four-year plan, Nova Scotia Power would control the supply of electricity to Port Hawkesbury Paper, a move referenced in a grid operations report that urges changes, with the right to direct the company to increase or reduce daily consumption throughout the year.

The rate proposal is supported by the mill, which says it needs to lower its power bill to keep its operation viable.

The rate went into effect on Jan. 1 on a temporary basis, pending the outcome of a hearing this week before the Nova Scotia Utility and Review Board, amid broader calls for an independent body to lead electricity planning.

The mill accounts for 10 per cent of the provincial electricity load, even as a neighbouring utility pursues more Quebec power for the region, producing glossy paper used in magazines and catalogs.

Nova Scotia Power says controlling how much electricity the mill uses — and when — will allow it to operate the system much more efficiently, as it expands biomass generation initiatives, saving other customers $10 million a year until the rate expires in 2023.

Ceding control 'not an easy decision'
In its opening statement that was filed in advance, Port Hawkesbury Paper said ceding the control of its electrical supply to Nova Scotia Power was "not an easy decision" to make, but the company is confident the arrangement will work.

In September 2019, Nova Scotia Power and the mill jointly applied for an "extra large active demand control tariff," which would provide electricity to the mill for about $61 per megawatt hour, well below the full cost of generating the electricity.

The utility said "fully allocating costs" would result in "prices in excess of $80/MWh ... and [would] not [be] financially viable for the mill."

In its statement, Port Hawkesbury Paper said since the initial filing "there have been greater near term declines in market demand and pricing for PHP's product than was forecast at that time, continuing to put pressure on our business and further highlighting the need to maintain the balance provided for in the new tariff."

Consumer advocate sees 'advantage,' but will challenge
Bill Mahody represents Nova Scotia Power's 400,000 residential customers before the review board. He wants proof the mill will pay enough toward the cost of generating the electricity it uses, amid concerns over biomass use in the province today.

"We filed evidence, as have others involved in the proceeding, that would call into question whether or not the rate design is capturing all of those costs and that will be a significant issue before the board," Mahody said.

Still, he sees value in the proposal.

The proposed new rate went into effect on Jan. 1 on a temporary basis. (The Canadian Press)
"This proposed rate gives Nova Scotia Power the ability to control that sizable Port Hawkesbury Paper load to the advantage of other ratepayers, as the province pursues more wind and solar projects, because Nova Scotia Power would be reducing the costs that other ratepayers are going to face," he said.

Mahody is also calling for a mechanism to monitor whether the mill's position actually improves to the point where it could pay higher rates.

"An awful lot can change during a four-year period, with new tidal power projects underway, and I think the board ought to have the ability to check in on this and make sure that their preferential rate continues to be justified," he said.

Major employer
Port Hawkesbury Paper, owned by Stern Partners in Vancouver, has received discounted power rates since it bought the idled mill in 2012. But the "load retention tariff" as it was called, expired at the end of 2019.

Regulators have accepted Nova Scotia Power's argument that it would cost other customers more if the mill ceased to operate.

The mill said it spends between $235 million and $265 million annually, employing 330 people directly and supporting 500 other jobs indirectly.

The Nova Scotia government pledged $124 million in financial assistance as part of the reopening in 2012.

 

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Germany turns to coal for a third of its electricity

Germany's Coal Reliance reflects an energy crisis, soaring natural gas prices, and a nuclear phase-out, as Destatis data show higher coal-fired electricity despite growing wind and solar generation, impacting grid stability and emissions.

 

Key Points

Germany's coal reliance is more coal power due to gas spikes and a nuclear phase-out, despite wind and solar growth.

✅ Coal share near one-third of electricity, per Destatis

✅ Gas-fired output falls as prices soar after Russia's invasion

✅ Wind and solar rise; grid stability and recession risks persist

 

Germany is relying on highly-polluting coal for almost a third of its electricity, as the impact of government policies, reflecting an energy balancing act for the power sector, and the war in Ukraine leads producers in Europe’s largest economy to use less gas and nuclear energy.

In the first six months of the year, Germany generated 82.6 kWh of electricity from coal, up 17 per cent from the same period last year, according to data from Destatis, the national statistics office, published on Wednesday. The leap means almost one-third of German electricity generation now comes from coal-fired plants, up from 27 per cent last year. Production from natural gas, which has tripled in price to €235 per megawatt hour since Russia’s invasion in late February, fell 18 per cent to only 11.7 per cent of total generation.

Destatis said that the shift from gas to coal was sharper in the second quarter. Coal-fired electricity increased by an annual rate of 23 per cent in the three months to June, while electricity generation from natural gas fell 19 per cent.

The figures highlight the challenge facing European governments in meeting clean energy goals after the Kremlin announced this week that the Nordstream 1 pipeline that takes Russian gas to Germany would remain closed until Europe removed sanctions on the country’s oil.

Germany has been trying to reduce its reliance on coal, which releases almost twice as many emissions as gas and more than 60 times those of nuclear energy, according to estimates from the Intergovernmental Panel on Climate Change, though grid expansion challenges have slowed renewable build-out in recent years.

Chancellor Olaf Scholz said the opposition CDU bore “complete responsibility” for the exit from coal and nuclear power that formed part of his predecessor Angela Merkel’s Energiewende policies, amid a continuing nuclear option debate in climate policy, which in turn raised reliance on Russian gas. At the beginning of this year, more than 50 per cent of Germany’s gas imports came from Russia, a figure that fell slightly over the opening half of 2022.

But CDU leader Friedrich Merz accused the government of “madness” over its decision to idle the country’s three remaining nuclear power stations from the end of this year, though officials have argued that nuclear would do little to solve the gas issue in the short term.

Electricity generation from nuclear energy has already halved after three of the six nuclear power plants that were still in operation at the end of 2021 were closed during the first half of this year. Berlin said on Monday it would keep on standby two of its remaining three nuclear power stations, a move to extend nuclear power during the energy crisis, which were all due to close at the end of the year.

The German government has warned of the risk of electricity shortages this winter. “We cannot be sure that, in the event of grid bottlenecks in neighbouring countries, there will be enough power plants available to help stabilise our electricity grid in the short term,” said German economy minister Robert Habeck on Monday.

However Scholz said that, after raising gas storage levels to 86 per cent of capacity, Germany would “probably get through this winter, despite all the tension”.

One bright spot from the data was the increase in use of renewable energy, highlighting a recent renewables milestone in Germany. The proportion of electricity generated from wind power generation rose by 18 per cent to 25 per cent of all electricity generation, while solar energy production increased 20 per cent.

Ángel Talavera, head of Europe economics at the consultancy Oxford Economics, said that the success in moving away from gas towards other energy sources “means that the risks of hard energy rationing over the winter are less severe now, even with little to no Russian gas flows”.

However, economists still expect a recession in the eurozone’s largest economy, amid a deteriorating German economy outlook over the near term, as a large part of the impact comes via higher prices and because industries and households still rely on gas for heating.

Separate official data also published on Wednesday showed that German industrial production slid 0.3 per cent between June and July. Production at Germany’s most energy intensive industries fell almost 7 per cent in the five months after Russia’s invasion of Ukraine.

“The demand destruction caused by the surge in prices will still send the German economy into recession over the winter,” said Talavera.

 

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