Accent Energy introduces CleanClimate power

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Accent Energy puts its money where its mouth is to show support for Mayor Michael R. Bloomberg's PlaNYC energy initiative with the introduction of CleanClimate electricity.

In a bold move, Accent purchased Renewable Energy Certificates to offset its customers' current and future electricity consumption and did not pass this added cost on to the customer. Accent's base electricity offering now contains twice as much renewable energy as does those of Con Edison and National Grid.

New Yorkers can now support New York's PlaNYC and the development of renewable energy simply by purchasing Accent's base electricity offering.

"As one of New York's largest ESCOs, we wanted to make a strong statement about our support for New York and Mayor Bloomberg's PlaNYC. Our CleanClimate electricity enables New Yorkers to do their part to help New York lessen its carbon footprint without the additional cost associated with purchasing green power," said Lance Schneier, Chairman and CEO.

"We are committed to giving our customers more value for their energy dollar and providing cleaner electricity is just one more way we can help New York and help our customers."

In addition to its base electricity, Accent's CleanClimate offering also includes the option to purchase green power in the New York Con Edison market. Accent's two green power products are GoGreen, which is 100% New York-produced hydroelectric power and GoGreen Premium which is 100% produced wind power. The cost for both options is the same, enabling New Yorkers to choose which is most important to them - New York produced or 100% wind.

"With Accent's CleanClimate electricity offerings every customer is promoting the support of renewable energy regardless of which electricity product they choose," said Schneier. "And promoting energy choice for New Yorkers is what we are focused on every day."

New Yorkers can sign-up for one of Accent's CleanClimate electricity options online at http://www.AccentEnergy.com or by calling 800.928.7775.

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U.S. Ends Support for Ukraine’s Energy Grid Restoration

US Termination of Ukraine Energy Grid Support signals a policy shift: USAID halts aid for grid restoration amid Russia attacks, impacting energy security, infrastructure resilience, winter readiness, and negotiations leverage with Moscow and allies.

 

Key Points

A US policy reversal ending USAID support for Ukraine's grid, impacting energy security, resilience, and leverage.

✅ USAID halt reduces funds for grid restoration and winter prep

✅ Policy shift may weaken Kyiv's leverage in talks with Russia

✅ Ukraine seeks EU, IFIs, private capital for energy resilience

 

The U.S. government has recently decided to terminate its support for Ukraine's energy grid restoration, a critical initiative managed by the U.S. Agency for International Development (USAID). This decision, reported by NBC News, comes at a time when Ukraine is grappling with significant challenges to its energy infrastructure due to ongoing Russian attacks. The termination of support was reportedly finalized before Ukrainian President Volodymyr Zelensky's scheduled visit to Washington, marking a significant shift in U.S. policy and raising concerns about the broader implications for Ukraine's energy resilience and its negotiations with Russia.

The Critical Role of U.S. Support

Since Russia's invasion of Ukraine, the country’s energy infrastructure has been one of the primary targets of military strikes. Russia has launched numerous attacks on Ukraine's power generation facilities, substations, and power lines, causing power outages across multiple regions. These attacks have led to significant material losses, with damage reaching billions of dollars. As part of its commitment to Ukraine, the U.S. government, through USAID, had been instrumental in funding restoration efforts aimed at rebuilding and reinforcing Ukraine’s energy grid.

USAID's support was crucial in helping Ukraine withstand the damage inflicted by Russian missile strikes. This aid was not just about restoring basic services but also about fortifying the energy grid to ensure that Ukraine could continue functioning amidst the war and keep the lights on this winter as temperatures drop. The U.S. contribution to Ukraine's energy sector, alongside international support, helped reduce the immediate vulnerabilities faced by Ukraine's civilians and industries.

The Abrupt Change in U.S. Policy

The decision to cut support for energy grid restoration is seen as a sharp reversal in U.S. policy, particularly as the Biden administration has previously shown strong backing for Ukraine in the aftermath of the invasion. This shift in policy was reportedly made by the U.S. State Department, which directed USAID to halt its involvement in the energy sector.

According to NBC News, USAID officials expressed concern about the timing of this decision. One official noted that terminating support for Ukraine’s energy grid restoration would severely undermine the U.S. government's ability to negotiate on issues like ceasefires and peace talks with Russia. The official argued that such a move would signal to Russia that the U.S. is backing away from its long-term investments in Ukraine, potentially weakening Ukraine's position in the ongoing war.

The abrupt end to this support is also seen as a blow to the morale of Ukraine’s government and people. Ukraine had been heavily reliant on the U.S. for resources to repair its critical infrastructure, and the decision to cut this support without warning has created uncertainty about the future of such recovery efforts.

Ukraine’s Response and Search for Alternatives

In response to the termination of U.S. support, Ukrainian officials have been seeking alternative sources of funding to continue the restoration of their energy grid. Deputy Prime Minister Olha Stefanishyna reported that Ukraine has already reached preliminary agreements with other international partners to secure financial support for energy resilience, cyber defense, and recovery programs including new energy solutions for winter blackouts.

These efforts come at a time when Ukraine is working to rebuild its war-torn economy and safeguard critical sectors like energy and infrastructure. The termination of U.S. support for energy restoration projects underscores the growing pressure on Ukraine to diversify its sources of aid and not become overly dependent on any one nation. Ukrainian leaders are in ongoing talks with European governments, international financial institutions, and private investors to ensure that essential programs do not stall due to the lack of funding from the U.S., as energy cooperation grows and Ukraine helps Spain amid blackouts in solidarity.

Implications for Ukraine’s Energy Security

Ukraine's energy security remains a critical issue in the context of the ongoing conflict with Russia. The war has made the country’s energy infrastructure vulnerable to repeated attacks, and the restoration of this infrastructure is essential for ensuring that Ukraine can keep the lights on and recover in the long term. The U.S. has been one of the largest contributors to Ukraine's energy security efforts, and its withdrawal could force Ukraine to look for other partners who may not have the same level of financial or technological resources.

This development also raises questions about the future of U.S. involvement in Ukraine's recovery efforts more broadly. As the war continues and winter looms over the battlefront for frontline communities, the need for reliable and sustained support from international partners will only increase. If the U.S. significantly scales back its aid, Ukraine may face even greater challenges in maintaining its energy infrastructure and achieving long-term recovery.

Moving Forward

The termination of U.S. support for Ukraine’s energy grid restoration serves as a reminder of the complexities involved in international aid and geopolitics during wartime. As Ukraine faces the ongoing realities of the war, it must adapt to a shifting international landscape where traditional allies may not always be reliable sources of support. Ukraine’s leadership will need to be strategic in its search for alternative sources of aid, while also focusing on strengthening its energy grid, managing electricity reserves to stabilize supply, and reducing its vulnerabilities to Russian attacks.

While the end of U.S. support for Ukraine's energy restoration is a significant setback, it also underscores the urgent need for Ukraine to diversify its international partnerships. The future of Ukraine’s energy resilience may depend on how effectively it can navigate these changing dynamics while maintaining the support of the international community in the fight against Russian aggression.

 

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Philippines wants Canada's help to avoid China, U.S

Philippines-Canada Indo-Pacific Partnership strengthens ASEAN cooperation, maritime security, and South China Sea diplomacy, balancing U.S.-China rivalry through a rules-based order, trade diversification, and middle-power engagement to foster regional stability and sustainable growth.

 

Key Points

A strategic pact to balance U.S.-China rivalry, back ASEAN, and advance maritime security and a rules-based order

✅ Prioritizes ASEAN-led cooperation and regional diplomacy

✅ Supports maritime security and South China Sea stability

✅ Diversifies trade, infrastructure, energy, and education ties

 

The Philippines finds itself caught in a geopolitical tug-of-war between the United States and China, two superpowers with competing interests in the Indo-Pacific region. To navigate this complex situation, the Philippines is seeking closer ties with Canada, a middle power with a strong focus on diplomacy and regional cooperation and a deepening U.S.-Canada energy and minerals partnership that reinforces shared strategic interests.

The Philippines, like many Southeast Asian nations, desires peace and stability for continued economic growth. However, the intensifying rivalry between the U.S. and China threatens to disrupt this. Territorial disputes in the South China Sea, where China claims vast swathes of waters contested by the Philippines, are a major point of contention. The Philippines has a long-standing alliance with the U.S., whose current administration is viewed as better for Canada's energy sector by some observers, but it also has growing economic ties with China. This delicate balancing act is becoming increasingly difficult.

This is where Canada enters the picture. The Philippines sees Canada as a potential bridge between the two superpowers. Foreign Affairs Secretary Enrique Manalo emphasizes that the future of the Indo-Pacific shouldn't be dictated by "great power rivalry." Canada, with its emphasis on peaceful solutions and its strong relationships with both the U.S. and China, despite electricity exports at risk from periodic trade tensions, presents a welcome alternative.

There are several reasons why the Philippines views Canada as a natural partner. First, Canada's Indo-Pacific strategy prioritizes the Association of Southeast Asian Nations (ASEAN), a regional bloc that includes the Philippines, and reflects trade policy debates in Ottawa where Canadians support tariffs on energy and minerals. This focus on regional cooperation aligns with the Philippines' desire for a united ASEAN voice.

Second, Canada offers the Philippines opportunities for economic diversification. While China is a significant trading partner, the Philippines wants to lessen its dependence on any single power. Canada's expertise in areas like agriculture, infrastructure, education, and renewable energy aligns with the Philippines' clean energy commitment and development goals.

Third, Canada's experience in peacekeeping and maritime security can be valuable to the Philippines. The Philippines faces challenges in the South China Sea, and Canada's commitment to a rules-based international order resonates with the Philippines' desire for peaceful resolution of territorial disputes.

Canada, for its part, sees the Philippines as a strategically important partner in the Indo-Pacific. A stronger Philippines contributes to a more stable region, which aligns with Canada's own interests. Additionally, closer ties with the Philippines open doors for increased Canadian trade and investment in Southeast Asia, including in critical minerals supply chains and energy projects.

The Philippines' pursuit of a middle ground between the U.S. and China is not without its challenges. Balancing strong relationships with both powers requires careful diplomacy, even as tariff threats boost support for Canadian energy projects domestically. However, Canada's emergence as a potential partner offers the Philippines a much-needed counterweight and a path towards regional stability and economic prosperity.

By working together, Canada and the Philippines can promote peaceful solutions, strengthen regional cooperation, and ensure that the Indo-Pacific remains a place of opportunity for all nations, not just superpowers.

 

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Current Model For Storing Nuclear Waste Is Incomplete

Nuclear Waste Corrosion accelerates as stainless steel, glass, and ceramics interact in aqueous conditions, driving localized corrosion in repositories like Yucca Mountain, according to Nature Materials research on high-level radioactive waste storage.

 

Key Points

Degradation of waste forms and canisters from water-driven chemistry, causing accelerated, localized corrosion in storage.

✅ Stainless steel-glass contact triggers severe localized attack

✅ Ceramics and steel co-corrosion observed under aqueous conditions

✅ Yucca Mountain-like chemistry accelerates waste form degradation

 

The materials the United States and other countries plan to use to store high-level nuclear waste, even as utilities expand carbon-free electricity portfolios, will likely degrade faster than anyone previously knew because of the way those materials interact, new research shows.

The findings, published today in the journal Nature Materials (https://www.nature.com/articles/s41563-019-0579-x), show that corrosion of nuclear waste storage materials accelerates because of changes in the chemistry of the nuclear waste solution, and because of the way the materials interact with one another.

"This indicates that the current models may not be sufficient to keep this waste safely stored," said Xiaolei Guo, lead author of the study and deputy director of Ohio State's Center for Performance and Design of Nuclear Waste Forms and Containers, part of the university's College of Engineering. "And it shows that we need to develop a new model for storing nuclear waste."

Beyond waste storage, options like carbon capture technologies are being explored to reduce atmospheric CO2 alongside nuclear energy.

The team's research focused on storage materials for high-level nuclear waste -- primarily defense waste, the legacy of past nuclear arms production. The waste is highly radioactive. While some types of the waste have half-lives of about 30 years, others -- for example, plutonium -- have a half-life that can be tens of thousands of years. The half-life of a radioactive element is the time needed for half of the material to decay.

The United States currently has no disposal site for that waste; according to the U.S. General Accountability Office, it is typically stored near the nuclear power plants where it is produced. A permanent site has been proposed for Yucca Mountain in Nevada, though plans have stalled. Countries around the world have debated the best way to deal with nuclear waste; only one, Finland, has started construction on a long-term repository for high-level nuclear waste.

But the long-term plan for high-level defense waste disposal and storage around the globe is largely the same, even as the U.S. works to sustain nuclear power for decarbonization efforts. It involves mixing the nuclear waste with other materials to form glass or ceramics, and then encasing those pieces of glass or ceramics -- now radioactive -- inside metallic canisters. The canisters then would be buried deep underground in a repository to isolate it.

At the generation level, regulators are advancing EPA power plant rules on carbon capture to curb emissions while nuclear waste strategies evolve.

In this study, the researchers found that when exposed to an aqueous environment, glass and ceramics interact with stainless steel to accelerate corrosion, especially of the glass and ceramic materials holding nuclear waste.

In parallel, the electrical grid's reliance on SF6 insulating gas has raised warming concerns across Europe.

The study qualitatively measured the difference between accelerated corrosion and natural corrosion of the storage materials. Guo called it "severe."

"In the real-life scenario, the glass or ceramic waste forms would be in close contact with stainless steel canisters. Under specific conditions, the corrosion of stainless steel will go crazy," he said. "It creates a super-aggressive environment that can corrode surrounding materials."

To analyze corrosion, the research team pressed glass or ceramic "waste forms" -- the shapes into which nuclear waste is encapsulated -- against stainless steel and immersed them in solutions for up to 30 days, under conditions that simulate those under Yucca Mountain, the proposed nuclear waste repository.

Those experiments showed that when glass and stainless steel were pressed against one another, stainless steel corrosion was "severe" and "localized," according to the study. The researchers also noted cracks and enhanced corrosion on the parts of the glass that had been in contact with stainless steel.

Part of the problem lies in the Periodic Table. Stainless steel is made primarily of iron mixed with other elements, including nickel and chromium. Iron has a chemical affinity for silicon, which is a key element of glass.

The experiments also showed that when ceramics -- another potential holder for nuclear waste -- were pressed against stainless steel under conditions that mimicked those beneath Yucca Mountain, both the ceramics and stainless steel corroded in a "severe localized" way.

Other Ohio State researchers involved in this study include Gopal Viswanathan, Tianshu Li and Gerald Frankel.

This work was funded in part by the U.S. Department of Energy Office of Science.

Meanwhile, U.S. monitoring shows potent greenhouse gas declines confirming the impact of control efforts across the energy sector.

 

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Why the shift toward renewable energy is not enough

Shift from Fossil Fuels to Renewables signals an energy transition and decarbonization, as investors favor wind and solar over coal, oil, and gas due to falling ROI, policy shifts, and accelerating clean-tech innovation.

 

Key Points

An economic and policy-driven move redirecting capital from coal, oil, and gas to scalable wind and solar power.

✅ Driven by ROI, risk, and protests curbing fossil fuel projects

✅ Coal declines as wind and solar capacity surges globally

✅ Policy, technology, and markets speed the energy transition

 

This article is an excerpt from "Changing Tides: An Ecologist's Journey to Make Peace with the Anthropocene" by Alejandro Frid. Reproduced with permission from New Society Publishers. The book releases Oct. 15.

The climate and biodiversity crises reflect the stories that we have allowed to infiltrate the collective psyche of industrial civilization. It is high time to let go of these stories. Unclutter ourselves. Regain clarity. Make room for other stories that can help us reshape our ways of being in the world.

For starters, I’d love to let go of what has been our most venerated and ingrained story since the mid-1700s: that burning more fossil fuels is synonymous with prosperity. Letting go of that story shouldn’t be too hard these days. Financial investment over the past decade has been shifting very quickly away from fossil fuels and towards renewable energies, as Europe's oil majors increasingly pivot to electrification. Even Bob Dudley, group chief executive of BP — one of the largest fossil fuel corporations in the world — acknowledged the trend, writing in the "BP Statistical Review of World Energy 2017": "The relentless drive to improve energy efficiency is causing global energy consumption overall to decelerate. And, of course, the energy mix is shifting towards cleaner, lower carbon fuels, driven by environmental needs and technological advances." Dudley went on:

Coal consumption fell sharply for the second consecutive year, with its share within primary energy falling to its lowest level since 2004. Indeed, coal production and consumption in the U.K. completed an entire cycle, falling back to levels last seen almost 200 years ago around the time of the Industrial Revolution, with the U.K. power sector recording its first-ever coal-free day in April of this year. In contrast, renewable energy globally led by wind and solar power grew strongly, helped by continuing technological advances.

According to Dudley’s team, global production of oil and natural gas also slowed down in 2016. Meanwhile, that same year, the combined power provided by wind and solar energy increased by 14.6 percent: the biggest jump on record. All in all, since 2005, the installed capacity for renewable energy has grown exponentially, doubling every 5.5 years, as investment incentives expand to accelerate clean power.

The shift away from fossil fuels and towards renewables has been happening not because investors suddenly became science-literate, ethical beings, but because most investors follow the money, and Trump-era oil policies even reshaped Wall Street’s energy strategies.

It is important to celebrate that King Coal — that grand initiator of the Industrial Revolution and nastiest of fossil fuels — has just begun to lose its power over people and the atmosphere. But it is even more important to understand the underlying causes for these changes. The shift away from fossil fuels and towards renewables has been happening not because the bulk of investors suddenly became science-literate, ethical beings, but because most investors follow the money.

The easy fossil fuels — the kind you used to be able to extract with a large profit margin and relatively low risk of disaster — are essentially gone. Almost all that is left are the dregs: unconventional fossil fuels such as bitumen, or untapped offshore oil reserves in very deep water or otherwise challenging environments, like the Arctic. Sure, the dregs are massive enough to keep tempting investors. There is so much unconventional oil and shale gas left underground that, if we burned it, we would warm the world by 6 degrees or more. But unconventional fossil fuels are very expensive and energy-intensive to extract, refine and market. Additionally, new fossil fuel projects, at least in my part of the world, have become hair triggers for social unrest. For instance, Burnaby Mountain, near my home in British Columbia, where renewable electricity in B.C. is expanding, is the site of a proposed bitumen pipeline expansion where hundreds of people have been arrested since 2015 during multiple acts of civil disobedience against new fossil fuel infrastructure. By triggering legal action and delaying the project, these protests have dented corporate profits. So return on investment for fossil fuels has been dropping.

It is no coincidence that in 2017, Petronas, a huge transnational energy corporation, withdrew their massive proposal to build liquefied natural gas infrastructure on the north coast of British Columbia, as Canada's race to net-zero gathers pace across industry. Petronas backed out not because of climate change or to protect essential rearing habitat for salmon, but to backpedal from a deal that would fail to make them richer.

Shifting investment away from fossil fuels and towards renewable energy, even as fossil-fuel workers signal readiness to support the transition, does not mean we have entirely ditched that tired old story about fossil fuel prosperity.

Neoliberal shifts to favor renewable energies can be completely devoid of concern for climate change. While in office, former Texas Gov. Rick Perry questioned climate science and cheered for the oil industry, yet that did not stop him from directing his state towards an expansion of wind and solar energy, even as President Obama argued that decarbonization is irreversible and anchored in long-term economics. Perry saw money to be made by batting for both teams, and merely did what most neoliberal entrepreneurs would have done.

The right change for the wrong reasons brings no guarantees. Shifting investment away from fossil fuels and towards renewable energy does not mean we have entirely ditched that tired old story about fossil fuel prosperity. Once again, let’s look at Perry. As U.S. secretary of energy under Trump’s presidency, in 2017 he called the global shift from fossil fuels "immoral" and said the United States was "blessed" to provide fossil fuels for the world.

 

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Hurricane Michael by the numbers: 32 dead, 1.6 million homes, businesses without power

Hurricane Michael Statistics track catastrophic wind speed, storm surge, rainfall totals, power outages, evacuations, and fatalities across Florida and the Southeast, detailing Category 4 intensity, Saffir-Simpson scale impacts, and emergency response resources.

 

Key Points

Hurricane Michael statistics detail wind speed, storm surge, rainfall, outages, and deaths from Category 4 landfall.

✅ 155 mph landfall winds; 14 ft storm surge; 12 in rainfall max

✅ 1.6M without power; 30,000 restoring crews; 6 states emergency

✅ 325k ordered evacuations; 32 deaths; FEMA and Guard deployed

 

Hurricane Michael, a historic Category 4 storm, struck the Florida Panhandle early Wednesday afternoon, unleashing heavy rain, high winds and a devastating storm surge.

 

Here is a look at the dangerous storm by the numbers:

155 mph: Wind speed -- nearly the highest possible for a Category 4 hurricane -- with which Michael made landfall near Mexico Beach and Panama City. A hurricane with 157 mph or higher is a Category 5, the strongest on the Saffir-Simpson hurricane wind scale.

129 mph: Peak wind gust reported Wednesday at Tyndall Air Force Base, which is about 12 miles southeast of Panama City, Florida.

32: Number of storm-related deaths attributed to Michael thus far, including an 11-year-old girl who local officials say was killed when part of a metal carport crashed into her family's mobile home in Lake Seminole, Georgia, and a 38-year-old man who was killed when a tree fell onto his moving car in Statesville, North Carolina.

 

Waves take over a house as Hurricane Michael comes ashore in Alligator Point, Fla., Oct. 10, 2018.

14 feet: Maximum height forecast for the storm surge when Michael's strong winds pushed the ocean water onto land. A storm surge just over 9 feet was reported Wednesday in Apalachicola, Florida.

12 inches: Isolated maximum amount of rain that Michael was expected to dump across the Florida Panhandle and the state's Big Bend region, as well as in southeast Alabama and parts of southwest and central Georgia.

9 inches: Maximum amount of rain that Michael could bring to isolated areas from Virginia to North Carolina.

1.6 million: Number of homes and businesses without power in Florida, Alabama, Georgia, South Carolina, North Carolina and Virginia as of Friday morning, a reminder that extended outages can persist after major disasters.

30,000: Number of workers mobilized from across the country to help restore power, underscoring the risks of field repairs such as line crew injuries during recovery.

6: Number of states that had emergency declarations in anticipation of Michael: Florida, Alabama, Georgia, South Carolina, North Carolina and Virginia.

325,000: Estimated number of people in the storm's path who were told to evacuate by local authorities.

6,000: Approximate number of people who stayed in the roughly 80 shelters across Florida, Alabama, Georgia, South Carolina and North Carolina on Wednesday night, while those sheltering at home were urged to avoid overheated power strips that can spark fires.

3,000: Number of personnel the Federal Emergency Management Agency deployed ahead of landfall, while utilities prepared on-site staffing plans to maintain operations during widespread disruptions.

35: Number of counties in Florida, of the state's 67, where Gov. Rick Scott declared a state of emergency prior to landfall, and grid reliability warnings often underscore systemic risks during national emergencies.

3,500: Number of Florida National Guard troops activated for pre-landfall coordination and planning, with an emphasis on high water and search-and-rescue operations.

600: Number of Florida state troopers assigned to the Panhandle and Big Bend region to assist with response and recovery efforts, including public reminders about downed line safety in affected communities.

500: Number of disaster relief workers that the American Red Cross was sending to affected areas in the Sunshine State.

200: Approximate number of patients being evacuated from at least two hospitals in Florida due to damage from the hurricane, highlighting how critical facilities depend on staff who have raised workforce safety concerns during other crises. Bay Medical Center Sacred Heart in Panama City said in a statement Thursday that its facility was damaged during the storm and thus is transferring more than 200 patients, including 39 who are critically ill, to regional hospitals. Gulf Coast Regional Medical Center, also in Panama City, announced in a statement Thursday that it's evacuating its roughly approximately patients, starting with the most critically ill, "because of the infrastructure challenges in our community."

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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