Nuclear Reactor Applications Expected

UK Wind and Tidal Power Auction signals strong CfD support for offshore wind, tidal stream projects, investor certainty, and clean electricity, accelerating the net-zero transition, boosting jobs, and strengthening UK energy security and grid integration.

Key Points

A CfD auction awarding contracts for wind and tidal projects to scale clean power and advance UK net-zero.

✅ Offshore wind dominates CfD awards

✅ Tidal stream gains predictable, reliable capacity

✅ Jobs, investment, and grid integration accelerate

In a significant development for the UK’s renewable energy sector, the latest auction for renewable energy contracts has underscored a transformative shift towards wind and tidal power. As reported by The Guardian, the auction results reveal a strong commitment to expanding these technologies, with new contracts adding 10 GW to the UK grid, marking a pivotal moment in the UK’s transition to cleaner energy sources.

The Auction’s Impact

The renewable energy auction, which took place recently, has allocated contracts for a substantial increase in wind and tidal power projects. This auction, part of the UK’s Contracts for Difference (CfD) scheme, is designed to support the development of low-carbon energy technologies by providing financial certainty to investors. By offering fixed prices for the electricity generated by these projects, the CfD scheme aims to stimulate investment and accelerate the deployment of renewable energy sources.

The latest results are particularly notable for the significant share of contracts awarded to offshore wind farms and tidal power projects, highlighting how offshore wind is powering up the UK as policy and investment priorities continue to shift. This marks a shift from previous auctions, where solar power and onshore wind were the dominant technologies. The move towards supporting offshore wind and tidal power reflects the UK’s strategic focus on harnessing its abundant natural resources to drive the transition to a low-carbon energy system.

Offshore Wind Power: A Major Contributor

Offshore wind power has emerged as a major player in the UK’s renewable energy landscape, within a global market projected to become a $1 trillion business over the coming decades. The recent auction results highlight the continued growth and investment in this sector.

The UK has been a global leader in offshore wind development, with several large-scale projects already operational and more in the pipeline. The auction has further cemented this position, underscoring what the U.S. can learn from the U.K. in scaling offshore wind capacity, with new projects set to contribute significantly to the country’s renewable energy capacity. These projects are expected to deliver substantial amounts of clean electricity, supporting the UK’s goal of achieving net-zero emissions by 2050.

Tidal Power: An Emerging Frontier

Tidal power, although less developed compared to wind and solar, is gaining momentum as a promising renewable energy source, with companies harnessing oceans and rivers to demonstrate practical potential. The auction results have allocated contracts to several tidal power projects, signaling growing recognition of the potential of this technology.

Tidal power harnesses the energy from tidal movements and currents, which are highly predictable and consistent, and a market outlook for wave and tidal energy points to emerging growth drivers and investment. This makes it a reliable complement to intermittent sources like wind and solar power. The inclusion of tidal power projects in the auction reflects the UK’s commitment to diversifying its renewable energy portfolio and exploring all available options for achieving energy security and sustainability.

Economic and Environmental Benefits

The expansion of wind and tidal power projects through the recent auction offers numerous economic and environmental benefits. From an economic perspective, these projects are expected to create thousands of jobs in construction, maintenance, and manufacturing. They also stimulate investment in local economies and support the growth of the green technology sector.

Environmentally, the increased deployment of wind and tidal power contributes to significant reductions in greenhouse gas emissions. Offshore wind farms and tidal power projects produce clean electricity with minimal environmental impact, helping to mitigate the effects of climate change and improve air quality.

Challenges and Future Outlook

Despite the positive outcomes of the auction, there are challenges to address. Offshore wind farms and tidal power projects require substantial upfront investment and face technical and logistical challenges. Issues such as grid integration, environmental impact assessments, and supply chain constraints need to be carefully managed to ensure the successful deployment of these projects.

Looking ahead, the UK’s renewable energy strategy will continue to evolve as new technologies and innovations emerge, and growth despite Covid-19 underscores sector resilience. The success of the latest auction demonstrates the growing confidence in wind and tidal power and sets the stage for further advancements in renewable energy.

The UK government’s commitment to supporting these technologies through initiatives like the CfD scheme is crucial for achieving long-term energy and climate goals. As the country progresses towards its net-zero target, the continued expansion of wind and tidal power will play a key role in shaping a sustainable and resilient energy future.

Conclusion

The latest renewable energy auction represents a significant milestone in the UK’s transition to a low-carbon energy system. By awarding contracts to wind and tidal power projects, the auction underscores the country’s commitment to harnessing diverse and reliable sources of renewable energy. The expansion of offshore wind and the emerging role of tidal power highlight the UK’s strategic approach to achieving energy security, reducing emissions, and driving economic growth. As the renewable energy sector continues to evolve, the UK remains at the forefront of global efforts to build a sustainable and clean energy future.

Related News

• Electricity Forum News

• Renewable Energy News

Alberta wind power surpasses coal as AESO reports record renewable energy feeding the grid, with natural gas conversions, solar growth, energy storage, and decarbonization momentum lowering carbon intensity across Alberta's electricity system.

Key Points

AESO data shows wind surpassing coal in Alberta, driven by coal retirements, gas conversions, and growing renewables.

✅ AESO reports wind output above coal several times this week

✅ Coal units retire or convert to natural gas, boosting renewables

✅ Carbon intensity falls; storage and solar improve grid reliability

Marking a significant shift in Alberta energy history, wind generation trends provided more power to the province's energy grid than coal several times this week.

According to data from the Alberta Energy System Operator (AESO) released this week, wind generation units contributed more energy to the grid than coal at times for several days. On Friday afternoon, wind farms contributed more than 1,700 megawatts of power to the grid, compared to around 1,260 megawatts from coal stations.

"The grid is going through a period of transformative change when we look at the generation fleet, specifically as it relates to the coal assets in the province," Mike Deising, AESO spokesperson, told CTV News in an interview.

The shift in electricity generation comes as more coal plants come offline in Alberta, or transition to cleaner energy through natural gas generation, including the last of TransAlta's units at the Keephills Plant west of Edmonton.

Only three coal generation stations remain online in the province, at the Genesee plant southwest of Edmonton, as the coal phase-out timeline advances. Less available coal power, means renewable energy like wind and solar make up a greater portion of the grid.

EVOLUTION OF THE GRID
"Our grid is changing, and it's evolving," Deising said, adding that more units have converted to natural gas and companies are making significant investments into solar and wind energy.

For energy analyst Kevin Birn with IHS Markit, that trend is only going to continue.

"What we've seen for the last 24 to 36 months is a dramatic acceleration in ambition, policy, and projects globally around cleaner forms of energy or lower carbon forms of energy," Birn said.

Birn, who is also chief analyst of Canadian Oil Markets, added that not only has the public appetite for cleaner energy helped fuel the shift, but technological advancements have made renewables like wind and solar more cost-efficient.

"Alberta was traditionally heavily coal-reliant," he said. "(Now) western Canada has quite a diverse energy base."

LESS CARBON-INTENSIVE
According to Birn, the shift in energy production marks a significant reduction in carbon emissions as Alberta progresses toward its last coal plant closure milestone.

Ten years ago, IHS Markit estimates that Alberta's grid contributed about 900 kilograms of carbon dioxide equivalent per megawatt-hour of energy generation.

"That (figure is) really representing the dominance and role of coal in that grid," Birn said.

Current estimates show that figure is closer to 600 kilograms of CO2 equivalent.

"That means the power you and I are using is less carbon-intensive," Birn said, adding that figure will continue to fall over the next couple of years.

RENEWABLES HERE TO STAY
While many debate whether Alberta's energy is getting clean enough fast enough, Birn believes change is coming.

"It's been a half-decade of incredible price volatility in the oil market which had really dominated this sector and region," the analyst said.

"When I think of the future, I see the power sector building on large-scale renewables, which means decarbonization, and that provides an opportunity for those tech companies looking for clean energy places to land facilities."

Coal and natural gas are considered baseline assets by the AESO, where generation capacity does not shift dramatically, though some utilities report declining coal returns in other markets.

"Wind is a variable resource. It will generate when the wind is blowing, and it obviously won't when the wind is not," Deising said. "Wind and solar can ramp quickly, but they can drop off quite quickly, and we have to be prepared.

"We factor that into our daily planning and assessments," he added. "We follow those trends and know where the renewables are going to show up on the system, how many renewables are going to show up."

Deising says one wind plant in Alberta currently has an energy storage capacity to preserve renewably generated electricity during summer demand records and peak hours as needed. As the technology becomes more affordable, he expects more plants to follow suit.

"As a system operator, our job is to make sure as (the grid) is evolving we can continue to provide reliable power to Albertans at every moment every day," Deising said. "We just have to watch the system more carefully." 

Related News

• Electricity Forum News

• Power Generation News

Summerside Wind Power reached 61% in May, blending renewable energy, municipal utility operations, and P.E.I. wind farms, driving city revenue, advancing green city goals, and laying groundwork for smart grid integration.

Key Points

Summerside Wind Power is the city utility's wind supply, 61% in May, generating revenue that supports local services.

✅ 61% of electricity in May from wind; annual target 45%.

✅ Mix of city-owned farm and West Cape Wind Farm contract.

✅ Revenues projected at $2.9M; funds municipal budget and services.

During the month of May, 61 per cent of the electricity Summerside's homes, businesses and industries used came from wind power sources.

25 per cent was purchased from the West Cape Wind Farm in West Point, P.E.I. — the city has had a contract with it since 2007. The other 36 per cent came from the city's own wind farm, which was built in 2009. 

"One of the strategic goals that was planned for by the city back in 2005 was to try to become a 100 per cent green city," said Greg Gaudet, Summerside's director of municipal services.

"The city started looking at ways it could adopt green practices into its operations on everything it owns and operates and provides services to the community."

Summerside Electric powers about 6,200 residential, 970 commercial and 30 industrial customers and also sells to NB Power, while Nova Scotia Power now generates 30 per cent of its electricity from renewables.

The Summerside Wind Farm is owned by the City of Summerside, which then sells the electricity to Summerside Electric, which it also owns, for profit. 

For the months of April and May, the wind farm generated $630,000 for the city. Last year, it was $507,000 over the same time frame, which does not include a 2 per cent rate increase imposed this year.

"We had a lot of good, strong days of wind for the month of May over other years. So normally we'd be on average somewhere in the range of the 45 per cent range for those months," said Gaudet. 

The city's annual target for wind generation is also 45 per cent, which aligns with the view that more energy sources make better projects. Gaudet said it balances out over the year, with winter being the best and production dropping as low as 25 per cent in the summer months.

At Summerside council's monthly meeting on Monday, May's 61 per cent figure was touted as one of the highest months on record.

"To have one at 61 per cent means we had great production from our wind facilities and contracts, though communities such as Portsmouth have raised turbine noise and flicker concerns in other contexts," Gaudet said.

The utility also owns and provides power through a diesel generation plant.

Municipal money maker
The municipality projects its wind energy production will generate $2.9 million for the city in its current fiscal year, which began April 1, paralleling job gains seen in Alberta's renewables surge this year.

"Any revenues that are received from the wind farm facility goes into the City of Summerside budget," Gaudet said. "Then the council decides on how that money is accrued and where it goes and what it supports in the community."

Wind power generated $2.89 million for the city in the 2019-2020 fiscal year. The budget originally projected $3.2 million in revenue, but blade damage sustained during post-tropical storm Dorian put two turbines out of commission for a few weeks.

Gaudet called this their "only bad year" and officials said they see this year's target to be a bit more conservative and achievable regardless of hiccups and uncontrollable forces, such as the wind they're harnessing.

"It's performed outstandingly well," said Gaudet of the operation.

"There's been no huge, major cost factors with the wind farm to date ... its production has been fairly consistent from year to year." 

Gaudet said the technology has already been piloted at a smaller operation at Credit Union Place, aligning with municipal solar power projects elsewhere.

The goal of the project is to bring Summerside's renewable portfolio up to a yearly average of 62 per cent. Gaudet said it's expected to be commissioned by May 2022 at the latest and after that, the city hopes to focus on smart grid technology.

"It's a long-term goal and I think it's the right [investment] to make," he said. "You have to be environmentally conscious and a steward of your community.

"I think Summerside is that and does that ... a model for North America to look at how a city can work a relationship with an electric utility for the betterment."

Related News

• Electricity Forum News

• Renewable Energy News

EU Solar Impact on Electricity Prices highlights how rising solar PV penetration drives negative pricing, shifts peak hours, pressures wholesale markets, and challenges grid balancing, interconnection, and flexibility amid changing demand and renewables growth.

Key Points

Explains how rising solar PV cuts wholesale prices, shifts negative-price hours, and strains grid flexibility.

✅ Negative pricing events surge with higher solar penetration.

✅ Afternoon price dips replace night-time wind-led lows.

✅ Grid balancing, interconnectors, and flexibility become critical.

The latest EU electricity market report has confirmed the affect deeper penetration of solar is having on wholesale electricity prices more broadly.

The Quarterly Report on European Electricity Markets for the final three months of last year noted the number of periods of negative electricity pricing doubled from 2019, to almost 1,600 such events, as global renewables set new records in deployment across markets.

Having experienced just three negative price events in 2019, the Netherlands recorded almost 100 last year “amid a dramatic increase in solar PV capacity,” in the nation, according to the report.

Whilst stressing the exceptional nature of the Covid-19 pandemic on power consumption patterns, the quarterly update also noted a shift in the hours during which negative electric pricing occurred in renewables poster child Germany. Previously such events were most common at night, during periods of high wind speed and low demand, but 2020 saw a switch to afternoon negative pricing. “Thus,” stated the report, “solar PV became the main driver behind prices falling into negative territory in the German market in 2020, as Germany's solar boost accelerated, and also put afternoon prices under pressure generally.”

The report also highlighted two instances of scarce electricity–in mid September and on December 9–as evidence of the problems associated with accommodating a rising proportion of intermittent clean energy capacity into the grid, and called for more joined-up cross-border power networks, amid pushback from Russian oil and gas across the continent.

Rising solar generation–along with higher gas output, year on year–also helped the Netherlands generate a net surplus of electricity last year, after being a net importer “for many years.” The EU report also noted a beneficial effect of rising solar generation capacity on Hungary‘s national electricity account, and cited a solar “boom” in that country and Poland, mirroring rapid solar PV growth in China in recent years.

With Covid-19 falls in demand helping renewables generate more of Europe's electricity (39%) than fossil fuels (36%) for the first time, as renewables surpassed fossil fuels across Europe, the market report observed the 5% of the bloc's power produced from solar closed in on the 6% accounted for by hard coal. In the final three months of the year, European solar output rose 12%, year on year, to 18 TWh and “the increase was almost single-handedly driven by Spain,” the study added.

With coal and lignite-fired power plunging 22% last year across the bloc, it is estimated the European power sector reduced its carbon footprint 14% as part of Europe's green surge although the quarterly report warned cold weather, lower wind speeds and rising gas prices in the opening months of this year are likely to see carbon emissions rebound.

There was good news on the transport front, though, with the report stating the scale of the European “electrically-charged vehicle” fleet doubled in 2020, to 2 million, with almost half a million of the new registrations arriving in the final months of the year. That meant cars with plug sockets accounted for a remarkable 17% of new purchases in Q4, twice the proportion seen in China and a slice of the pie six times bigger than such products claimed in the U.S.

Related News

• Electricity Forum News

• Renewable Energy News

New York Green New Deal accelerates clean energy and climate action, targeting carbon neutrality with renewable energy, offshore wind, solar, energy storage, and green jobs while advancing environmental justice and economy-wide decarbonization.

Key Points

New York's plan for 100% clean power by 2040 and 70% renewables by 2030, with a just transition and green jobs.

✅ 100% carbon-free electricity by 2040; 70% renewables by 2030

✅ 9,000 MW offshore wind and 3,000 MW energy storage targets

✅ Just transition focuses on jobs, equity, and affordability

New York Governor Andrew M. Cuomo announced the Green New Deal, a nation-leading clean energy and jobs agenda that will aggressively put New York State on a path to net-zero electricity and economy-wide carbon neutrality, is included in the 2019 Executive Budget. The landmark plan provides for a just transition to clean energy that spurs growth of the green economy and prioritizes the needs of low- to moderate-income New Yorkers.

"Climate change is a reality, and the consequences of delay are a matter of life and death. We know what we must do. Now we have to have the vision, the courage, and the competence to get it done," Governor Cuomo said. "While the federal government shamefully ignores the reality of climate change and fails to take meaningful action, we are launching the first-in-the-nation Green New Deal to seize the potential of the clean energy economy, set nation's most ambitious goal for carbon-free power, and ultimately eliminate our entire carbon footprint."

During Governor Cuomo's first two terms, New York banned fracking of natural gas, committed to phasing out coal power by 2020, mandated 50 percent renewable power by 2030, and established the U.S. Climate Alliance to uphold the Paris Agreement, reflecting the view that decarbonization is irreversible under a clean energy economy. Under the Reforming the Energy Vision agenda, New York has held the largest renewable energy procurements in U.S. history, solar has increased nearly 1,500 percent, and offshore wind is poised to transform the State's electricity supply to be cleaner and more sustainable. Through Governor Cuomo's Green New Deal, New York will take the bold next steps to secure a clean energy future that protects the environment for generations to come while growing the clean energy economy.

100 Percent Clean Power by 2040 Coupled with New Nation-leading Renewable Energy Mandates

The Green New Deal will statutorily mandate New York's power be 100 percent carbon-free by 2040, the most aggressive goal in the United States and five years ahead of a target recently adopted by California state policymakers. The cornerstone of this new mandate is a significant increase of New York's successful Clean Energy Standard mandate from 50 percent to 70 percent renewable electricity by 2030. This globally unprecedented ramp-up of renewable energy will include:

• Quadrupling New York's offshore wind target to 9,000 megawatts by 2035, up from 2,400 megawatts by 2030
• Doubling distributed solar deployment to 6,000 megawatts by 2025, up from 3,000 megawatts by 2023
• More than doubling new large-scale land-based wind and solar resources through the Clean Energy Standard
• Maximizing the contributions and potential of New York's existing renewable resources
• Deploying 3,000 megawatts of energy storage by 2030, up from 1,500 megawatts by 2025
• Develop an Implementation Plan to Make New York Carbon Neutral

The Green New Deal will create the State's first statutory Climate Action Council, comprised of the heads of relevant State agencies and other workforce, environmental justice, and clean energy experts to develop a comprehensive plan to make New York carbon neutral by significantly and cost-effectively reducing emissions from all major sources, including electricity, transportation, buildings, industry, commercial activity, and agriculture. The Climate Action Council will consider a range of possible options, including the feasibility of working with the U.S. Climate Alliance to create a new multistate emissions reduction program that covers all sectors of the economy, including transportation and industry, and exploring ways to leverage the successful Regional Greenhouse Gas Initiative to drive transformational investment in the clean energy economy and support a just transition.

At the national level, a historic climate deal is reshaping incentives and standards for clean energy deployment across the country.

The Green New Deal will also include an ambitious strategy to move New York's statewide building stock to carbon neutrality. The agenda includes:

Advancing legislative changes to strengthen building energy codes and establish appliance efficiency standards

Directing State agencies to ensure that their facilities uphold the strongest energy efficiency and sustainability standards

Developing a Net Zero Roadmap to chart a course to statewide carbon neutrality in buildings

A Multibillion Dollar Green New Deal Investment in the Clean Tech Economy that will Reduce Greenhouse Gas Emissions

Demonstrating New York's immediate commitment to implementing the nation's most ambitious clean energy agenda and creating high-quality clean energy jobs, Governor Cuomo is announcing $1.5 billion in competitive awards to support 20 large-scale solar, wind and energy storage projects across upstate New York. These investments will add over 1,650 megawatts of capacity and generate over 3,800,000 megawatt-hours of renewable energy annually - enough to power nearly 550,000 homes and create over 2,600 short and long-term jobs. Combined with the renewable energy projects previously announced under the Clean Energy Standard, New York has now awarded more than $2.9 billion to 46 projects statewide, enough to power over one million households.

The Green New Deal also includes new investments to jumpstart New York's offshore wind energy industry and support the State's world-leading target of 9,000 megawatts by 2035. New York will invest up to $200 million in port infrastructure to match private sector investment in regional development of offshore wind. This multi-location investment represents the nation's largest infrastructure commitment to offshore wind and solidifies New York's position as the hub of the burgeoning U.S. offshore wind industry.

These new investments build upon a $250 million commitment to electric vehicle infrastructure by the New York Power Authority's EVolve program, $3.5 billion in private investment in distributed solar driven by NYSERDA's NY-Sun program, and NY Green Bank transactions mobilizing nearly $1.75 billion in private capital for clean energy projects.

A Just Transition to a Clean Energy Economy

Deliver Climate Justice for Underserved Communities: The Green New Deal will help historically underserved communities prepare for a clean energy future and adapt to climate change by:

Giving communities a seat at the table by codifying the Environmental Justice and Just Transition Working Group into law and incorporating it into the planning process for the Green New Deal's implementation.

Directing the State's low-income energy task force to identify reforms to achieve greater impact of the public energy funds expended each year in order to increase the effect of funds and initiatives that target energy affordability to underserved communities.

Directing each of the State's ten Regional Economic Development Councils to develop an environmental justice strategy for their region.

Finance a Property Tax Compensation Fund to Help Communities Transition to the Clean Energy Economy: Governor Cuomo is introducing legislation to finance the State's $70 million Property Tax Compensation Fund to continue helping communities directly affected by the transition away from dirty and obsolete energy industries and toward the new clean energy economy. Specifically, this funding will protect communities impacted by the retirement of conventional power generation facilities.

Protect Labor Rights: To ensure creation of high-quality clean energy jobs, large-scale renewable energy projects supported by the Green New Deal will require prevailing wage, and the State's offshore wind projects will be supported by a requirement for a Project Labor Agreement.

Develop the Clean Tech Workforce: To prepare New York's workforce for the transition, New York State will take new steps to support workforce development, including establishing a New York State Advisory Council on Offshore Wind Economic and Workforce Development, as well as investing in an offshore wind training center that will provide New Yorkers with the skills and safety training required to construct this clean energy technology in New York.   

Richard Kauffman, Chairman of Energy and Finance for New York, said, "Governor Cuomo's Green New Deal will advance New York State further into the clean energy future, and we won't let the Trump Administration push us backwards. Governor Cuomo's new commitments ensure New York is the undisputed national clean energy and climate leader, and we will continue to build upon the foundations of the REV agenda to achieve a sustainable economy and healthy environment for generations of New Yorkers to come."

Alicia Barton, President and CEO, NYSERDA, said, "Climate scientists have made frighteningly clear that averting the worst effects of climate change will require bold action, not incremental steps, and Governor Cuomo's Green New Deal boldly goes where no others have before. His unwavering climate agenda includes the most aggressive clean energy target in U.S. history, the largest commitments to renewable energy and to offshore wind in the nation, a massive mobilization of clean energy jobs and an unprecedented investment in offshore wind port infrastructure. Together these actions make New York the clear national leader in the fight against climate change, and will show the world that New York can and will achieve a clean energy future for the sake of future generations."

DEC Commissioner Basil Seggos said, "The threat of climate change calls for bold action like Governor Cuomo's comprehensive agenda to make New York State carbon neutral. The Green New Deal ensures New York is continuing our nation-leading efforts to capitalize on the economic potential of the clean energy economy, while making sure those most vulnerable to climate change are benefitting from the state's efforts and investments. I look forward to working with my agency and authority partners on the Climate Action Council to develop and implement meaningful solutions to reduce greenhouse gas emissions from all sectors of our economy."  

John B. Rhodes, CEO, Department of Public Service, said, "With this nation-leading Green New Deal, Governor Cuomo puts New York on the path to fully clean electricity and to carbon neutrality with the strongest renewable energy goals in the nation. This will deliver the energy system that New York needs - cost-effective, reliable, and 100% clean.”

Related News

• Electricity Forum News

• Climate Change News

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

Related News

• Electricity Forum News

• Energy Policy News