Cruise ships plug in to cut pollution

By Reuters


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Cruise ships docking in Vancouver, a popular hub for tourists bound for Alaska, can now plug into the city's electricity grid — cutting their engines and their diesel air emissions.

Port Metro Vancouver, Canada's biggest port, unveiled a shore power facility for cruise ships while in harbor, a first in Canada and only the third of its kind in the world.

Cruise ships can now plug into the electrical grid of the provincial utility, BC Hydro, which says that its mostly hydroelectric-generated power is 90 percent nonpolluting.

"This project will significantly improve local air quality by reducing air emissions from cruise ships in downtown Vancouver throughout the cruise ship season," said Andrew Saxton, a member of Parliament for North Vancouver.

Long-term exposure to diesel engine exhaust likely causes lung cancer in humans and can trigger other lung and respiratory ailments, according to the U.S. Environmental Protection Agency.

Princess Cruises and Holland America Line have outfitted several of their fleet with onboard shore power equipment. Four Princess ships and one Holland America ship will use shore power in Vancouver during the 2009 Alaska season, which runs from May to September.

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Cheap at Last, Batteries Are Making a Solar Dream Come True

Solar Plus Storage is accelerating across utilities and microgrids, pairing rooftop solar with lithium-ion batteries to enhance grid resilience, reduce peak costs, prevent blackouts, and leverage tax credits amid falling prices and decarbonization goals.

 

Key Points

Solar Plus Storage combines solar generation with batteries to shift load, boost reliability, and cut energy costs.

✅ Cuts peak demand charges and enhances blackout resilience

✅ Falling battery and solar costs drive nationwide utility adoption

✅ Enables microgrids and grid services like frequency regulation

 

Todd Karin was prepared when California’s largest utility shut off power to millions of people to avoid the risk of wildfires last month. He’s got rooftop solar panels connected to a single Tesla Powerwall in his rural home near Fairfield, California. “We had backup power the whole time,” Karin says. “We ran the fridge and watched movies.”

Californians worried about an insecure energy future are increasingly looking to this kind of solution. Karin, a 31-year-old postdoctoral fellow at Lawrence Berkeley National Laboratory, spent just under $4,000 for his battery by taking advantage of tax credits. He's also saving money by discharging the battery on weekday evenings, when energy is more expensive during peak demand periods. He expects to save around $1,500 over the 10 years the battery is under warranty.

The economics don’t yet work for every household, but the green-power combo of solar panels plus batteries is popping up on a much bigger scale in some unexpected places. Owners of a rice processing plant in Arkansas are building a system to generate 26 megawatts of solar power and store another 40 MW. The plant will cut its power bill by a third, and owners say they will pass the savings to local rice growers. New York’s JFK Airport is installing solar plus storage to reduce its power load by 10 percent, while Pittsburgh International Airport is building a 20-MW solar and natural gas microgrid to keep it independent from the local utility. Officials at both airports are worried about recent power shutdowns due to weather and overload-related blackouts.

And residents of the tiny northern Missouri town of Green City (pop. 608) are getting 2.5 MW of solar plus four hours of battery storage from the state’s public utility next year. The solar power won’t go directly to townspeople, but instead will back up the town’s substation, reducing the risk of a potential shutdown. It’s part of a $68 million project to improve the reliability of remote substations far from electric generating stations.

“It’s a pretty big deal for us,” says Chad Raley, who manages technology and renewables at Ameren, a Missouri utility that is building three rural solar-plus-storage projects to better manage the flow of electricity across the local grid. “It gives us so much flexibility with renewable generation. We can’t control the sun or clouds or wind, but we can have battery storage.”

The first solar-plus-storage installations started about a decade ago on a small scale in sunny states like California, Hawaii, and Arizona. Now they’re spreading across the country, driven by falling prices of both solar panels and lithium-ion batteries the size of a shipping container imported from both China and South Korea, with wind, solar, and batteries making up most of the utility-scale pipeline nationwide. These countries have ramped up production efficiencies and lowered labor costs, leaving many US manufacturers in the dust. In fact, the price of building a comparable solar-plus-storage generating facility is now cheaper than operating a coal-fired power plant, industry officials say. In certain circumstances, the cost is equal to some natural gas plants.

“This is not just a California, New York, Massachusetts thing,” says Kelly Speakes-Backman, CEO of the Energy Storage Association, an industry group in Washington. She says more than 30 states have renewable storage on the grid. Utilities have proposed and states have approved 7 gigawatts to be installed by 2030, and most new storage will be paired with solar across the US.

Speakes-Backman estimates the unit cost of electricity produced from a solar-plus-storage system will drop 10 to 15 percent each year through 2024, supporting record growth in solar and storage investments. “If you have the option of putting out a polluting or non-polluting generating source at the same price, what are you going to pick?” says Speakes-Backman.

She notes that PJM, a large Mid-Atlantic wholesale grid operator, announced it will deploy battery storage to help smooth out fluctuating power from two wind farms it operates. “When the grid fluctuates, storage can react to it quickly and can level out the supply,” she says. In the Midwest, grid-level battery storage is also being used to absorb extra wind power. Batteries hold onto the wind and put it back onto the grid when people need it.

While the solar-plus-storage trend isn’t yet putting a huge dent in our fossil fuel use, according to Paul Denholm, an energy analyst at the National Renewable Energy Laboratory in Golden, Colorado, it is a good beginning and has the side effect of cutting air pollution. By 2021, solar and other renewable energy sources will overtake coal as a source of energy, and the US is moving toward 30% electricity from wind and solar, according to a new report by the Institute for Energy Economics and Financial Analysis, a nonprofit think tank based in Cleveland.

That’s a glimmer of hope in a somewhat dreary week of news on carbon emissions. A new United Nations report released this week finds that the planet is on track to warm by 3.9 degrees Celsius (7 Fahrenheit) by 2100 unless drastic cuts are made by phasing out gas-powered cars, eliminating new coal-fired power plants, and changing how we grow and manage land, and scientists are working to improve solar and wind power to limit climate change as well.

Energy-related greenhouse gas emissions in the US rose 2.7 percent in 2018 after several years of decline. The Trump administration has rolled back climate policies from the Obama years, including withdrawing from the Paris climate accords.

There may be hope from green power initiatives outside the Beltway, though, and from federal proposals like a tenfold increase in US solar that could remake the electricity system. Arizona plans to boost solar-plus-storage from today’s 6 MW to a whopping 850 MW by 2025, more than the entire capacity of large-scale batteries in the US today. And some folks might be cheering the closing of the West’s biggest coal-fired power plant, the 2.25-gigawatt Navajo Generating Station, in Arizona, which had spewed soot and carbon dioxide over the region for 45 years until last week. The closure might help the planet and clear the hazy smog over the Grand Canyon.

 

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Don't be taken in by scammers threatening to shut off electricity: Manitoba Hydro

Manitoba Hydro Phone Scam targets small businesses with disconnection threats, prepaid card payments, caller ID spoofing, phishing texts, and door-to-door fraud; hang up, verify your account directly, and never share banking information.

 

Key Points

A scam where callers threaten disconnection and demand prepaid cards; verify account status directly with Manitoba Hydro.

✅ Hang up and call Manitoba Hydro at 1-888-624-9376 to verify.

✅ Never pay by prepaid cards, gift cards, or crypto.

✅ Hydro will not cut power on one-hour notice.

 

Manitoba Hydro is warning customers, particularly small business owners, to be wary of high-pressure scammers, as Ontario utilities warn of scams in other provinces, threatening to shut off their electricity.

The callers demand the customer to make immediate payment by a prepaid card. Often, the calls are made in the middle of the day at a busy time, frightening the customer with aggressive threats about disconnection, as hydro disconnections have made headlines elsewhere, says hydro spokesman Bruce Owen.

"They tell them 'we have a truck on the way to cut off your power. If you don't pay in the next hour you're out of luck,'" he said.

"And because these folks have inventory in freezers and they have customers … they're willing to fork over several hundred or even several thousand dollars on a prepaid card to somebody they don't know to keep the lights on."

Maybe the business owners can't recall, with everything happening, including discussions about Hydro One peak rates in Ontario, if they've made their payments on time. They start second-guessing and believing the person on the other line, Owen says.

And they worry about losing thousands of dollars in business if they lose power. So they're more than willing to run out to a store, buy a prepaid debit card and provide the number to the caller.

"Their goal is to manipulate you into sending money before you figure out it's a scam," said Chris McColm, hydro's security and investigations supervisor. "These people are crooks and you should hang up on them."

For any customers that are in arrears, hydro will work with them to resolve the issue, Owen said.

"We do not have to take that extreme measure of cutting off or disconnecting anybody. That's not the business we're in — we don't strong arm people that way," he said.

"Anybody who's threatening to cut off your power with an hour or half-an-hour notice, well it's it's no better than someone waiting around the corner, waiting the club you over the head in the dark of night. That's what they are."

 

Fraud reports soar

The power utility has recorded a nearly-300 per cent jump in the number of fraud-related complaints this year over 2017. There have been 862 phone, text and e-mail scams and that could still go much higher.

The current statistics from 2018 have only calculated up to Oct. 31. In 2017, there were 221.

That jump in numbers doesn't necessarily mean there are more scammers out there.

It could simply mean people are finally getting wise to fraudsters and reporting it more, Owen says.

"At the same token, we don't hear of everybody who's been taking advantage of because once they've found out that they've been hoodwinked they don't want to tell anybody because they're so embarrassed," he said.

"These scammers can be very convincing and anyone can be victimized," McColm said.

If you are able to think clearly when some high-pressure caller gets you on the line, Owen suggests asking a few simple questions to challenge their legitimacy:

  • What street am I on?
  • What does my business look like? 
  • What's the weather outside right now?

Phone scammers can falsify their caller ID information to make it appear they're calling from a local number, but what you'll find is most of them aren't in Winnipeg or Manitoba and likely not even this country or continent, Owen says.

The key to being safe is simply to never give out banking information, Owen says. It's a message that has been stressed for years and 80-90 per cent of people understand it, but it's that other 10-20 per cent that are still being victimized.And it's not just phone calls. Many other fraud-related complaints to Manitoba Hydro this year concerned unsolicited text messages to customers saying they had been overbilled, or faced retroactive charges elsewhere, and were eligible for a refund.

This scam is also aimed at getting a customer's personal banking information, under the guise of having money put back into their account.

Also, many people, especially seniors living alone, continue to be targeted by aggressive door-to-door fraudsters, and cases like the electricity theft ring in Montreal underscore the risks, McColm says. However, he adds, hydro employees always display photo ID and will never demand to come into a home. 

If you're unsure whether a phone call, text or email is real or a scam, contact Manitoba Hydro at 1-888-624-9376.

 

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Coal demand dropped in Europe over winter despite energy crisis

EU Winter Energy Mix 2022-2023 shows renewables, wind, solar, and hydro overtaking coal and gas, as demand fell amid high prices; Ember and IEA confirm lower emissions across Europe during the energy crisis.

 

Key Points

It describes Europe's winter power mix: reduced coal and gas, and record wind, solar, and hydro output.

✅ Coal generation fell 11% YoY; gas output declined even more.

✅ Renewables supplied 40%: wind, solar, and hydro outpaced fossil fuels.

✅ Ember and IEA confirm trends; mild winter tempered demand.

 

The EU burned less coal this winter during the energy crisis than in previous years, according to an analysis, quashing fears that consumption of the most polluting fossil fuel would soar as countries scrambled to find substitutes for lost supplies of Russian gas.

The study from energy think-tank Ember shows that between October 2022 and March 2023 coal generation fell 27 terawatt hours, or almost 11 per cent year on year, while gas generation fell 38 terawatt hours, as renewables crowded out gas and consumers cut electricity consumption in response to soaring prices.

Renewable energy supplies also rose, with combined wind and solar power and hydroelectric output outstripping fossil fuel generation for the first time, providing 40 per cent of all electricity supplies. The Financial Times checked Ember’s findings with the International Energy Agency, which said they broadly matched its own preliminary analysis of Europe’s electricity generation over the winter.

The study demonstrates that fears of a steep rebound in coal usage in Europe’s power mix were overstated, despite the continent’s worst energy crisis in 40 years following Russia’s full-scale invasion of Ukraine, even as stunted hydro and nuclear output in parts of Europe posed challenges.

While Russia slashed gas supplies to Europe and succeeded in boosting energy prices for consumers to record levels, the push by governments to rejuvenate old coal plants, including Germany's coal generation, to ensure the lights stayed on ultimately did not lead to increased consumption.

“With Europe successfully on the other side of this winter and major supply disruptions avoided, it is clear the threatened coal comeback did not materialise,” analysts at Ember said in the report.

“With fossil fuel generation down, EU power sector emissions during winter were the lowest they have ever been.”

Ember cautioned, however, that Europe had been assisted by a mild winter that helped cut electricity demand for heating and there was no guarantee of such weather next winter. Companies and households had also endured a lot of pain as a result of the higher prices that had led them to cut consumption, even though in some periods, such as the latest lockdown, power demand held firm in parts of Europe.

Total electricity consumption between October and March declined 94 terawatt hours, or 7 per cent, compared with the same period in winter 2021/22, continuing post-Covid transition dynamics across Europe.

“For a lot of people this winter was really hard with electricity prices that were extraordinarily high and we shouldn’t lose sight of that,” said Ember analyst Harriet Fox.

 

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Calgary electricity retailer urges government to scrap overhaul of power market

Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

 

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

 

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

 

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Zapping elderly brains with electricity improves short-term memory — for almost an hour

Transcranial electrical stimulation synchronizes brain waves to bolster working memory, aligning neural oscillations across the prefrontal and temporal cortex. This noninvasive brain stimulation may counter cognitive aging by restoring network coupling and improving short-term recall.

 

Key Points

Transcranial electrical stimulation applies scalp currents to synchronize brain waves, briefly enhancing working memory.

✅ Synchronizes prefrontal-temporal networks to restore coupling

✅ Noninvasive tES/tACS protocols show rapid, reversible gains

✅ Effects lasted under an hour; durability remains to be tested

 

To read this sentence, you hold the words in your mind for a few seconds until you reach the period. As you do, neurons in your brain fire in coordinated bursts, generating electrical waves that let you hold information for as long as it is needed, much as novel devices can generate electricity from falling snow under specific conditions. But as we age, these brain waves start to get out of sync, causing short-term memory to falter. A new study finds that jolting specific brain areas with a periodic burst of electricity might reverse the deficit—temporarily, at least.

The work makes “a strong case” for the idea that out-of-sync brain waves in specific regions can drive cognitive aging, says Vincent Clark, a neuroscientist at the University of New Mexico in Albuquerque, who was not involved in the research. He adds that the brain stimulation approach in the study may result in a new electrical therapy for age-related deficits in working memory.

Working memory is “the sketchpad of the mind,” allowing us to hold information in our minds over a period of seconds. This short-term memory is critical to accomplishing everyday tasks such as planning and counting, says Robert Reinhart, a neuroscientist at Boston University who led the study. Scientists think that when we use this type of memory, millions of neurons in different brain areas communicate through coupled bursts of activity, a form of electrical conduction that coordinates timing across networks. “Cells that fire together, wire together,” Reinhart says.

But despite its critical role, working memory is a fragile cognitive resource that declines with age, Reinhart says. Previous studies had suggested that reduced working-memory performance in the elderly is linked to uncoupled activity in different brain areas. So Reinhart and his team set out to test whether recoupling brain waves in older adults could boost the brain’s ability to temporarily store information, a systems-level coordination challenge akin to efforts to use AI for energy savings on modern power grids.

To do so, the researchers used jolts of weak electrical current to synchronize waves in the prefrontal and temporal cortex—two brain areas critical for cognition, a targeted approach not unlike how grids use batteries to stabilize power during strain—and applied the current to the scalps of 42 healthy people in their 60s and 70s who showed no signs of decline in mental ability. Before their brains were zapped, participants looked at a series of images: an everyday object, followed briefly by a blank screen, and then either an identical or a modified version of the same object. The goal was to spot whether the two images were different.

Then the participants took the test again, while their brains were stimulated with a current. After about 25 minutes of applying electricity, participants were on average more accurate at identifying changes in the images than they were before the stimulation. Following stimulation, their performance in the test was indistinguishable from that of a group of 42 people in their 20s. And the waves in the prefrontal and temporal cortex, which had previously been out of sync in most of the participants, started to fire in sync, the researchers report today in Nature Neuroscience, a synchronization imperative reminiscent of safeguards that prevent power blackouts on threatened grids. No such effects occurred in a second group of older people who received jolts of current that didn’t synchronize waves in the prefrontal and temporal cortex.

By using bursts of current to knock brain waves out of sync, the researchers also modulated the brain chatter in healthy people in their 20s, making them slower and less accurate at spotting differences in the image test.

“This is a very nice and clear demonstration of how functional connections underlie memory in younger adults and how alterations … can lead to memory reductions in older adults,” says Cheryl Grady, a cognitive neuroscientist at the Rotman Research Institute at Baycrest in Toronto, Canada. It’s also the first time that transcranial stimulation has been shown to restore working memory in older people, says Michael O’Sullivan, a neuroscientist at the University of Queensland in Brisbane, Australia, though electricity in medicine extends far beyond neurostimulation.

But whether brain zapping could turbocharge the cognitive abilities of seniors or help improve the memories of people with diseases like Alzheimer’s is still unclear: In the study, the positive effects on working memory lasted for just under an hour—though Reinhart says that’s as far as they recorded in the experiment. The team didn’t see the improvements decline toward the end, so he suspects that the cognitive boost may last for longer. Still, researchers say much more work has to be done to better understand how the stimulation works.

Clark is optimistic. “No pill yet developed can produce these sorts of effects safely and reliably,” he says. “Helping people is the ultimate goal of all of our research, and it’s encouraging to see that progress is being made.”

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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.”

 

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