AEP wants to ask customers to chip in

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

Related News

• Electricity Forum News

• Energy Policy News

Alberta Electricity Market Reform reshapes policy under the UCP, weighing a capacity market versus energy-only design, AESO reliability rules, renewables targets, coal phase-out, carbon pricing, consumer rates, and investment certainty before AUC decisions.

Key Points

Alberta Electricity Market Reform is the UCP plan to reassess capacity vs energy-only, renewables, and carbon pricing.

✅ Reviews capacity market timeline and AESO procurement

✅ Alters subsidies for renewables; slows wind and solar growth

✅ Adjusts industrial carbon levy; audits Balancing Pool losses

Hearings kicked off this week into the future of the province’s electricity market design, amid an electricity market reshuffle pledged by the province, but a high-stakes decision about the industry’s fate — affecting billions of dollars in investment and consumer costs — won’t be made inside the meeting room of the Alberta Utilities Commission.

Instead, it will take place in the office of Jason Kenney, as the incoming premier prepares to pivot away from the seismic reforms to Alberta’s electricity sector introduced by the Notley government.

The United Conservative Party has promised to adopt market-based policies, reflecting changes to how Alberta produces and pays for power, that will reset how the sector operates, from its approach to renewable energy and carbon pricing to re-evaluating the planned transition to an electricity “capacity market.”

“Every ball in electricity is up in the air right now,” Vittoria Bellissimo, of the Industrial Power Consumers Association of Alberta, said Tuesday during a break in the commission hearings.

Industry players are uncertain how quickly the UCP will change direction on power policies, but there’s little doubt Kenney’s government will take a strikingly different approach to the sector that keeps the lights on in Alberta.

“There’s some things they are going to change that are going to impact the electricity industry significantly,” said Duane Reid-Carlson, chief executive of consultancy EDC Associates.

“But I don’t think it’s going to be upheaval. I think the new government will proceed with caution because electricity is the foundation of our economy.”

Alberta’s electricity market has been turned on its head in recent years due to the recession, power prices dropping to near two-decade lows and several transformative policies initiated by the NDP.

The Notley government’s climate plan included an accelerated phase-out of all coal-fired generation and set targets for more renewable energy.

The most significant, but least-understood, move has been the planned shift to an electricity capacity market in 2021.

Under the strategy, generators will no longer solely be paid for the power produced and sold into the market; they will also receive payments for having electricity capacity available to the grid on demand.

The change was recommended by the Alberta Electric System Operator (AESO) as a way to reduce price volatility and provide more reliability than the current energy-only market, which some argue needs more competition to deliver better outcomes.

The independent system operator and industry officials have spent more than two years planning the transition since the switch was announced in late 2016. Proposed rules for the new system, outlining market changes, are now being discussed at the Alberta Utilities Commission hearings.

However, there is no ironclad guarantee the system remake will go ahead following the UCP’s election victory last week — amid calls to scrap the overhaul from a Calgary retailer — it plans to study the issue further — while other substantive electricity changes are already in store.

The UCP has promised to end “costly subsidies” to renewable energy developments and abandon the NDP’s pledge to have such energy sources make up 30 per cent of all power generation by 2030.

It will remove the planned phase-out of coal-fired electricity generation, although federal regulations for a 2030 prohibition remain in place.

It will also ask the auditor general to conduct a special audit of the massive losses sustained by the province’s Balancing Pool due to power purchase arrangements being handed back to the agency three years ago.

While Kenney has pledged to cancel the provincewide carbon tax, a levy on large industrial greenhouse gas emitters (such has power plants) will still be charged, although at a reduced rate of $20 a tonne.

The biggest unknown remains the power market’s structure, which underpins how the entire system operates.

The UCP has promised to consult on the shift to the capacity market and report back to Albertans within 90 days.

The complex issue may sound like an eye-glazer, but it will have a profound effect on industry investment, as well as how much consumers pay on their monthly electricity bills.

A number of industry players worry the capacity market will lead AESO to procure more power than is necessary, foisting unnecessary costs onto all Albertans.

“I still have concerns for what the impact on consumers is going to be,” said energy market consultant Sheldon Fulton. “I’d love to see the capacity market go away.”

An analysis by EDC Associates found the transition to a capacity market will procure additional electricity before it’s needed, requiring consumers to pay up to 40 per cent more — an extra $1.4 billion — for power in 2021-22 than under the existing market structure.

“I don’t think there’s any prejudged outcome,” said Blake Shaffer, former head trader at TransAlta Corp. and a fellow-in-residence at the C.D. Howe Institute.

“But it really matters about getting this right.”

Evan Bahry, executive director of the Independent Power Producers Society of Alberta, said the fact the UCP’s review was confined to just 90 days is helpful, as it avoids throwing the entire industry into a prolonged period of uncertainty.

As for the greening of Alberta’s power grid, amid growing attention to clean grids and storage, the demise of the NDP’s Renewable Electricity Program will likely slow down the rapid pace of wind and solar development. But it’s unlikely to stop the growth trend as costs continue to fall for such developments.

“Renewables over the last number of years have evolved to the point that they make sense on a subsidy-free basis,” said Dan Balaban, CEO of Greengate Power Corp., which has developed 480 MW of wind power in Alberta and Ontario.

“There is a path to clean electricity ahead.”

Chris Varcoe is a Calgary Herald columnist.

Related News

• Electricity Forum News

• Energy Policy News

Nighttime thermoradiative power converts outgoing infrared radiation into electricity using semiconductor photodiodes, leveraging negative illumination and sky cooling to harvest renewable energy from Earth-to-space heat flow when solar panels rest, regardless of weather.

Key Points

Nighttime thermoradiative power converts Earth's outgoing infrared heat into electricity using semiconductor diodes.

✅ Uses negative illumination to tap Earth-to-space heat flow

✅ Infrared semiconductor photodiodes generate small nighttime current

✅ Theoretical output ~4 W/m^2; lab demo reached 64 nW/m^2

There's a stark contrast between the freezing temperatures of space and the relatively balmy atmosphere of Earth, and that contrast could help generate electricity, scientists say – and alongside concepts such as space-based solar power, utilizing the same optoelectronic physics used in solar panels. The obvious difference this would have compared with solar energy is that it would work during the night time, a potential source of renewable power that could keep on going round the clock and regardless of weather conditions.

Solar panels are basically large-scale photodiodes - devices made out of a semiconducting material that converts the photons (light particles) coming from the Sun into electricity by exciting electrons in a material such as silicon, while concepts like space solar beaming could complement them during adverse weather.

In this experiment, the photodiodes work 'backwards': as photons in the form of infrared radiation - also known as heat radiation - leave the system, a small amount of energy is produced, similar to how raindrop electricity harvesting taps ambient fluxes in other experiments.

This way, the experimental system takes advantage of what researchers call the "negative illumination effect" – that is, the flow of outgoing radiation as heat escapes from Earth back into space. The setup explained in the new study uses an infrared semiconductor facing into the sky to convert this flow into electrical current.

"The vastness of the Universe is a thermodynamic resource," says one of the researchers, Shanhui Fan from Stanford University in California.

"In terms of optoelectronic physics, there is really this very beautiful symmetry between harvesting incoming radiation and harvesting outgoing radiation."

It's an interesting follow-up to a research project Fan participated in last year: a solar panel that can capture sunlight while also allowing excess heat in the form of infrared radiation to escape into space.

In the new study, this "energy harvesting from the sky" process can produce a measurable amount of electricity, the researchers have shown – though for the time being it's a long way from being efficient enough to contribute to our power grids, but advances in peer-to-peer energy sharing could still make niche deployments valuable.

In the team's experiments they were able to produce 64 nanowatts per square metre (10.8 square feet) of power – only a trickle, but an amazing proof of concept nevertheless. In theory, the right materials and conditions could produce a million times more than that, and analyses of cheap abundant electricity show how rapidly such advances compound, reaching about 4 watts per square metre.

"The amount of power that we can generate with this experiment, at the moment, is far below what the theoretical limit is," says one of the team, Masashi Ono from Stanford.

When you consider today's solar panels are able to generate up to 100-200 watts per square metre, and in China solar is cheaper than grid power across every city, this is obviously a long way behind. Even in its earliest form, though, it could be helpful for keeping low-power devices and machines running at night: not every renewable energy device needs to power up a city.

Now that the researchers have proved this can work, the challenge is to improve the performance of the experimental device. If it continues to show promise, the same idea could be applied to capture energy from waste heat given off by machinery, and results in humidity-powered generation suggest ambient sources are plentiful.

"Such a demonstration of direct power generation of a diode facing the sky has not been previously reported," explain the researchers in their published paper.

"Our results point to a pathway for energy harvesting during the night time directly using the coldness of outer space."

The research has been published in Applied Physics Letters.

Related News

• Electricity Forum News

• Renewable Energy News

Peterborough Distribution Inc. Sale to Hydro One delivers a $105 million deal pending Ontario Energy Board approval, a 1% distribution rate cut, five-year rate freeze, job protections, and a new operations centre and fleet facility.

Key Points

A $105M acquisition of PDI by Hydro One, with OEB review, rate freeze, job protections, and a new operations centre.

✅ $105 million purchase; Ontario Energy Board approval required

✅ 1% distribution rate cut and a five-year rate freeze

✅ New operations centre; PDI employees offered roles at Hydro One

The City of Peterborough said Wednesday it has agreed to sell Peterborough Distribution Inc. to Hydro One for $105 million, amid a period when Hydro One shares fell after leadership changes.

The deal requires approval from the Ontario Energy Board before it can proceed.

According to the city, the deal includes a one per cent distribution rate reduction and a five-year freeze in distribution rates for customers, plus:

• A second five-year period with distribution rate increases limited to inflation and an earnings sharing mechanism to offset rates in year 11 and onward
• Protections for PDI employees with employees receiving employment offers to move to Hydro One
• A sale price of $105 million
• An agreement to develop a regional operations centre and new fleet maintenance facility in Peterborough

“Hydro One was unique in its ability to offer new investment and job creation in our community through the addition of a new operations centre to serve customers throughout the broader region,” Mayor Daryl Bennett said.

“We’re surrounded by Hydro One territory — in fact, we already have Hydro One customers within the City of Peterborough and new subdivisions will be in Hydro One territory. Hydro One will be able to create efficiencies by better utilizing its existing infrastructure, benefiting customers and supporting growth.”

The sale comes after months of negotiations amid investor concerns about Hydro One’s uncertainties. At one point, it looked like the sale wouldn’t go through, after it was announced that Hydro One had walked away from the bargaining table.

City council approved the sale of PDI in December 2016, despite a strong public opposition and debate over proposals to make hydro public again among some parties.

Elsewhere in Canada, political decisions around utilities have also sparked debate, as seen when Manitoba Hydro faced controversy over policy shifts.

Related News

• Electricity Forum News

• T&D Business News

Manitoba Hydro Interim Rate Increase faces PUB scrutiny as consumers coalition challenges a 5% electricity rate hike, citing drought planning, retained earnings, affordability, transparency, and impacts on fixed incomes and northern communities.

Key Points

A proposed 5% electricity rate hike under PUB review, opposed by consumers citing drought planning and affordability.

✅ Coalition backs 2% hike; 5% seen as undue burden

✅ PUB review sought; interim process lacks transparency

✅ Retained earnings, efficiencies cited to offset drought

The Consumers Coalition is urging the Public Utilities Board (PUB) to reject Manitoba Hydro’s current interim rate increase application, amid ongoing debates about Hydro governance and policy.

Hydro is requesting a five per cent jump in electricity rates starting on January 1, claiming drought conditions warrant the increase but the coalition disagrees, saying a two per cent increase would be sufficient.

The coalition, which includes Harvest Manitoba, the Consumers’ Association of Canada-Manitoba, and the Aboriginal Council of Winnipeg, said a 5 per cent rate increase would put an unnecessary strain on consumer budgets, especially for those on fixed incomes or living up north.

"We feel that, in many ways, Manitobans have already paid for this drought," said Gloria Desorcy, executive director of the Consumers’ Association of Canada - Manitoba.

The coalition argues that hydroelectric companies already plan for droughts and that hydro should be using past earnings to mitigate any losses.

The group claims drought conditions would have added about 0.8 per cent to Hydro’s bottom line. They said remaining revenues from a two per cent increase could then be used to offset the increased costs of major projects like the Keeyask generating station and service its growing debt obligations.

The group also said Hydro is financially secure and is projecting a positive net income of $112 million next year without rate increases, even as utility profits can swing with market conditions, assuming the drought doesn’t continue.

They argue Hydro can use retained earnings as a tool to mitigate losses, rather than relying on deferral accounting that shifts costs, and find further efficiencies within the corporation.

"So we said two per cent, which is much more palatable for consumers especially at the time when so many consumers are struggling with so many higher bills,” said Desorcy.

According to the coalition’s calculations, that works out to a $2-4 increase per month, and debates such as ending off-peak pricing in Ontario show how design affects bills, depending on whether electricity is used for heating, but it could be higher.

The coalition said their proposed two per cent rate increase should be applied to all Manitoba Hydro customers and have a set expiration date of January 1, 2023.

Another issue, according to the coalition, is the process of an interim rate application does not provide any meaningful transparency and accountability, whereas recent OEB decisions in Ontario have outlined more robust public processes.

Desorcy said the next step is up to the PUB, though board upheaval at Hydro One in Ontario shows how governance shifts can influence outcomes.

The board is expected to decide on the proposed increase in the next couple of weeks.

Related News

• Electricity Forum News

• T&D Business News

Philippines Clean Energy Commitment underscores APEC-aligned renewables, energy transition, and climate resilience, backed by policy incentives, streamlined regulation, technology transfer, and public-private investments to boost energy security, jobs, and sustainable growth.

Key Points

It is the nation's pledge to scale renewables and build climate resilience through APEC-aligned energy policy.

✅ Policy incentives, PPPs, and streamlined permits

✅ Grid upgrades, storage, and smart infrastructure

✅ Regional cooperation on tech transfer and capacity building

At the recent Indo-Pacific Economic Cooperation (APEC) Summit, the Philippines reiterated its dedication to advancing clean energy initiatives as part of its sustainable development agenda. This reaffirmation underscores the country's commitment to mitigating climate change impacts, promoting energy security, and fostering economic resilience through renewable energy solutions, with insights from an IRENA study on the power crisis informing policy direction.

Strategic Goals and Initiatives

During the summit, Philippine representatives highlighted strategic goals aimed at enhancing clean energy adoption and sustainability practices. These include expanding renewable energy infrastructure, accelerating energy transition efforts toward 100% renewables targets, and integrating climate resilience into national development plans.

Policy Framework and Regulatory Support

The Philippines has implemented a robust policy framework to support clean energy investments and initiatives. This includes incentives for renewable energy projects, streamlined regulatory processes, and partnerships with international stakeholders, such as ADFD-IRENA funding initiatives, to leverage expertise and resources in advancing sustainable energy solutions.

Role in Regional Cooperation

As an active participant in regional economic cooperation, the Philippines collaborates with APEC member economies to promote knowledge sharing, technology transfer, and capacity building in renewable energy development, as over 30% of global electricity is now generated from renewables, reinforcing the momentum. These partnerships facilitate collective efforts to address energy challenges and achieve mutual sustainability goals.

Economic and Environmental Benefits

Investing in clean energy not only reduces greenhouse gas emissions but also stimulates economic growth and creates job opportunities in the renewable energy sector. The Philippines recognizes the dual benefits of transitioning to cleaner energy sources, with projects like the Aboitiz geothermal financing award illustrating private-sector momentum, contributing to long-term economic stability and environmental stewardship.

Challenges and Opportunities

Despite progress, the Philippines faces challenges such as energy access disparities, infrastructure limitations, and financing constraints in scaling up clean energy projects, amid regional signals like India's solar slowdown and coal resurgence that underscore transition risks. Addressing these challenges requires innovative financing mechanisms, public-private partnerships, and community engagement to ensure inclusive and sustainable development.

Future Outlook

Moving forward, the Philippines aims to accelerate clean energy deployment through strategic investments, technology innovation, and policy coherence, aligning with the U.S. clean energy market trajectory toward majority share to capture emerging opportunities. Embracing renewable energy as a cornerstone of its economic strategy positions the country to attract investments, enhance energy security, and achieve resilience against global energy market fluctuations.

Conclusion

The Philippines' reaffirmation of its commitment to clean energy at the APEC Summit underscores its leadership in promoting sustainable development and addressing climate change challenges. By prioritizing renewable energy investments and fostering regional cooperation, the Philippines aims to build a resilient energy infrastructure that supports economic growth and environmental sustainability. As the country continues to navigate its energy transition journey, collaboration and innovation will be key in realizing a clean energy future that benefits present and future generations.

Related News

• Electricity Forum News

• Energy Policy News