Farmer turns to the sun to run Indiana operation

By The Tribune-Star


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While Dr. Harold and Terri Loveall's Vigo County barn looks like any other in Indiana, it's what's on top of the south-facing sloping roof that makes it unique.

The 66- by 28-foot roof supports 60 photovoltaic solar panels, each producing 224 watts of electricity. The panels are aligned in four rows, or two sub-arrays, with each sub-array producing 6.7 kilowatts, making the entire system produce 13.4 kilowatts of electricity, said Phillip Roberts, owner of One Planet Solar & Wind, a Terre Haute solar and wind distributing and contracting company that recently installed the system.

"It's the fourth-largest residential solar photovoltaic system in Indiana," Roberts said, adding that the largest is in northwest Indiana, generating about 20 kilowatts.

It is the first step in making the Loveall farm energy-independent. The farm in southern Vigo County has at least 200 acres of electric fencing to contain a herd of "beefalo," a cross between buffalos and domestic cattle, plus a 7,000-square-foot home.

The fencing itself uses 600 volts of power, Roberts said.

"The system will cover at least 50 percent of electrical usage costs. When working at full power and demand is low, the Lovealls' electric meter will actually turn backward" and the couple will receive credit on their account, Roberts said.

Harold Loveall has been interested in solar technology since the 1970s, and the family has used solar panels for their hot water since the 1980s. Since then, the panels have become less expensive and more efficient, he said.

The solar panels produce direct current (DC) power, which is then transmitted to two inverter panels, which invert that to alternating current (AC) power, for use in the house, Roberts said.

The panels have no moving parts, and the only maintenance is washing the panels about twice a year, Roberts said, to remove any pollen or bird waste.

The system locks in energy prices and will generate savings of $230,000 over the next 25 years at current energy prices, which is about 11.6 cents per kilowatt hour, Roberts said.

Those electricity prices are expected to double, Roberts said, if a federal cap-and-trade energy plan is adopted by Congress. Duke Energy Corp. estimates placing a price on carbon emissions would increase electricity rates in Indiana by 40 percent.

The cap-and-trade system is aimed at reducing U.S. emissions of carbon dioxide and other greenhouse gases by roughly 80 percent from 2005 levels by 2050.

The Lovealls' system will avoid the release of 48,240 pounds of carbon dioxide into the atmosphere, according to One Planet Solar & Wind.

Installation is based on a cost of $7.68 per watt. The Loveall system cost nearly $104,000.

"This is a solar system on steroids," Roberts said.

The average home solar project costs $30,000 to $40,000, based on a 1,500- to 2,000-kilowatt consumption for a 2,000-square-foot home for a family of four. Those systems will cover 50 percent to 80 percent of a homeowner's electrical usage costs, Roberts said.

Those costs are before federal subsidies — a 30-percent federal tax credit for residential homes and a check for 30 percent of the project cost paid directly to companies, Roberts said. In addition, the solar system is property tax-exempt, he said.

The solar panels are part of a "phase one" project, Roberts said. A second phase for the Loveall farm will add more solar panels, plus move an existing 66-foot wind turbine next to the barn to produce wind power to allow the farm to be 100 percent energy independent. The farm would remain connected to Win Energy's power grid as a backup.

"I think this is the future," Loveall said. "My own belief is that fossil fuels are finite, solar energy is infinite."

The farmhouse itself has four solar attic fans and a geothermal system to heat water, plus uses passive solar energy from south-facing windows, Roberts said.

As to long- and short-term benefits, "first, we are lowering our carbon footprint, a sacrifice that will hopefully benefit our grandchildren and their children. Second, we expect the cost of energy to only increase over the next several years. We look at this as means to control some of that cost," Loveall said.

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Amazon Announces Three New Renewable Energy Projects to Support AWS Global Infrastructure

AWS Renewable Energy Projects deliver new wind power for AWS data centers in Ireland, Sweden, and the US, adding 229 MW and 670,000 MWh annually, supporting 100% renewable targets and global cloud sustainability.

 

Key Points

AWS projects add wind power in Ireland, Sweden, and the US to supply clean energy for AWS data centers.

✅ 229 MW new wind capacity; 670,000 MWh annual generation

✅ Sites: Donegal (IE), Backhammar (SE), Tehachapi (US)

✅ Advances 100% renewable goal for global AWS infrastructure

 

 Amazon has announced three new clean energy projects as part of its long-term goal to power all Amazon Web Services (AWS) global infrastructure with renewable energy. These projects – one in Ireland, one in Sweden, and one in the United States – will deliver wind-generated energy that will total over 229 megawatts (MW) of power, with expected generation of over 670,000 megawatt hours (MWh) of renewable energy annually. The new projects are part of AWS’s long-term commitment to achieve 100 percent renewable energy for its global infrastructure. In 2018, AWS exceeded 50 percent renewable energy for its global infrastructure.

Once complete, these projects, combined with AWS’s previous nine renewable energy projects, reflect how renewable power developers benefit from diversified sources and are expected to generate more than 2,700,000 MWh of renewable energy annually – equivalent to the annual electricity consumption of over 262,000 US homes, which is approximately the size of the city of Nashville, Tennessee.

“Each of these projects brings us closer to our long-term commitment to use 100 percent renewable energy to power our global AWS infrastructure,” said Peter DeSantis, Vice President of Global Infrastructure and Customer Support, Amazon Web Services. “These projects are well-positioned to serve AWS data centers in Ireland, Sweden, and the US. We expect more projects in 2019 as we continue toward our goal of powering all AWS global infrastructure with renewable energy.”

Amazon has committed to buying the energy from a new wind project in Ireland, a 91.2 MW wind farm in Donegal. The Donegal wind farm project is expected to deliver clean energy no later than the end of 2021.

“AWS’s investment in renewable projects in Ireland illustrates their continued commitment to adding clean energy to the grid and it will make a positive contribution to Ireland’s renewable energy goals,” said Leo Varadkar, An Taoiseach of Ireland. “As a significant employer in Ireland, it is very encouraging to see Amazon taking a lead on this issue. We look forward to continuing to work with Amazon as we strive to make Ireland a leader on renewable energy.”

Amazon will also purchase 91 MW of power from a new wind farm in Bäckhammar, Sweden, which is expected to deliver renewable energy by the end of 2020.

“Sweden has long been known for ambitious renewable energy goals, and this new wind farm showcases both our country’s leadership and AWS’s commitment to renewable energy,” said Anders Ygeman, Sweden’s Minister for Energy and Digital Development. “This is a significant step in Sweden’s renewable energy production as we work toward our target of 100 percent renewable energy by 2040.”

California leads the United States in renewable electricity generation from non-hydroelectric sources, as US solar and wind growth accelerates, and the state’s Tehachapi Mountains, where AWS’s wind farm will be located, contain some of the largest wind farms in the country. The wind farm project in Tehachapi is expected to bring up to 47 MW of new renewable energy capacity by the end of 2020.

“This announcement from AWS is great news, not just for California, but for the entire country, as it reaffirms our role as a leader in renewable energy and allows us to take an important step forward on deploying the clean energy we need to respond to climate change,” said California State Senator Jerry Hill, San Mateo and Santa Clara Counties, a member of the Senate Standing Committee on Energy, Utilities and Communications.

Beyond the sustainability initiatives focused on powering the AWS global infrastructure, Amazon recently announced Shipment Zero, which is Amazon’s vision to make all Amazon shipments net zero carbon, with 50 percent of all shipments net zero by 2030. Additional sustainability programs across the company include Amazon Wind Farm Texas, which adds more than 1 million MWh of clean energy each year, alongside Amazon Wind Farm US East that is now fully operational, demonstrating scale. In total, Amazon has enabled 53 wind and solar projects worldwide, which produce more than 1,016 MW and are expected to deliver over 3,075,636 million MWh of energy annually, while peers like Arvato's solar power plant underscore broader momentum across the industry. These projects support hundreds of jobs, while providing tens of millions of dollars of investment in local communities, with Iowa wind power offering a strong example. Amazon has also set a goal to host solar energy systems at 50 fulfillment centers by 2020. This deployment of rooftop solar systems, aided by cheap batteries that enhance storage, is part of a long-term initiative that will start in North America and spread across the globe. Amazon also implemented the District Energy Project that uses recycled energy for heating Amazon offices in Seattle. For more information on Amazon’s sustainability initiatives, visit www.amazon.com/sustainability.

 

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Clocks are running slow across Europe because of an argument over who pays the electricity bill

European Grid Frequency Clock Slowdown has made appliance clocks run minutes behind as AC frequency drifts on the 50 Hz electricity grid, driven by a Kosovo-Serbia billing dispute and ENTSO-E monitored supply-demand imbalance.

 

Key Points

An EU-wide timing error where 50 Hz AC deviations slow appliance clocks due to Kosovo-Serbia grid imbalances.

✅ Clocks drifted up to six minutes across interconnected Europe

✅ Cause: unpaid power in N. Kosovo, contested by Serbia

✅ ENTSO-E reported 50 Hz deviations from supply-demand mismatch

 

Over the past couple of months, Europeans have noticed time slipping away from them. It’s not just their imaginations: all across the continent, clocks built into home appliances like ovens, microwaves, and coffee makers have been running up to six minutes slow. The unlikely cause? A dispute between Kosovo and Serbia over who pays the electricity bill.

To make sense of all this, you need to know that the clocks in many household devices use the frequency of electricity to keep time. Electric power is delivered to our homes in the form of an alternating current, where the direction of the flow of electricity switches back and forth many times a second. (How this system came to be established is complex, but the advantage is that it allows electricity to be transmitted efficiently.) In Europe, this frequency is 50 Hertz — meaning a current alternating of 50 times a second. In America, it’s 60 Hz, and during peak summer demand utilities often prepare for blackouts as heat drives loads higher.

Since the 1930s, manufacturers have taken advantage of this feature to keep time. Each clock needs a metronome — something with a consistent rhythm that helps space out each second — and an alternating current provides one, saving the cost of extra components. Customers simply set the time on their oven or microwave once, and the frequency keeps it precise.

At least, that’s the theory. But because this timekeeping method is reliant on electrical frequency, when the frequency changes, so do the clocks. That is what has been happening in Europe.

The news was announced this week by ENTSO-E, the agency that oversees the single, huge electricity grid connecting 25 European countries and which recently synchronized with Ukraine to bolster regional resilience. It said that variations in the frequency of the AC caused by imbalances between supply and demand on the grid have been messing with the clocks. The imbalance is itself caused by a political argument between Serbia and Kosovo. “This is a very sensitive dispute that materializes in the energy issues,” Susanne Nies, a spokesperson for ENTSO-E, told The Verge.

Essentially, after Kosovo declared independence from Serbia in 2008, there were long negotiations over custody of utilities like telecoms and electricity infrastructure. As part of the ongoing agreements (Serbia still does not recognize Kosovo as a sovereign state), four Serb-majority districts in the north of Kosovo stopped paying for electricity. Kosovo initially covered this by charging the rest of the country more, but last December, it decided it had had enough and stopped paying. This led to an imbalance: the Kosovan districts were still using electricity, but no one was paying to put it on the grid.

This might sound weird, but it’s because electricity grids work on a system of supply and demand, where surging consumption has even triggered a Nordic grid blockade in response to constrained flows. As Stewart Larque of the UK’s National Grid explains, you want to keep the same amount of electricity going onto the grid from power stations as the amount being taken off by homes and businesses. “Think of it like driving a car up a hill at a constant speed,” Larque told The Verge. “You need to carefully balance acceleration with gravity.” (The UK itself has not been affected by these variations because it runs its own grid.)

 

“THEY ARE FREE-RIDING ON THE SYSTEM.”

This balancing act is hugely complex and requires constant monitoring of supply and demand and communication between electricity companies across Europe, and growing cyber risks have spurred a renewed focus on protecting the U.S. power grid among operators worldwide. The dispute between Kosovo and Serbia, though, has put this system out of whack, as the two governments have been refusing to acknowledge what the other is doing.

“The Serbians [in Kosovo] have, according to our sources, not been paying for their electricity. So they are free-riding on the system,” says Nies.

The dispute came to a temporary resolution on Tuesday, when the Kosovan government stepped up to the plate and agreed to pay a fee of €1 million for the electricity used by the Serb-majority municipalities. “It is a temporary decision but as such saves our network functionality,” said Kosovo’s prime minister Ramush Haradinaj. In the longer term, though, a new agreement will need to be reached.

There have been rumors that the increase in demand from northern Kosovo was caused by cryptocurrency miners moving into the area to take advantage of the free electricity. But according to ENTSO-E, this is not the case. “It is absolutely unrelated to cryptocurrency,” Nies told The Verge. “There’s a lot of speculation about this, and it’s absolutely unrelated.” Representatives of Serbia’s power operator, EMS, refused to answer questions on this.

For now, “Kosovo is in balance again,” says Nies. “They are producing enough [electricity] to supply the population. The next step is to take the system back to normal, which will take several weeks.” In other words, time will return to normal for Europeans — if they remember to change their clocks, even as the U.S. power grid sees more blackouts than other developed nations.

 

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Maritime Link sends first electricity between Newfoundland, Nova Scotia

Maritime Link HVDC Transmission connects Newfoundland and Nova Scotia to the North American grid, enabling renewable energy imports, subsea cable interconnection, Muskrat Falls hydro power delivery, and lower carbon emissions across Atlantic Canada.

 

Key Points

A 500 MW HVDC intertie linking Newfoundland and Nova Scotia to deliver Muskrat Falls hydro power.

✅ 500 MW capacity using twin 170 km subsea HVDC cables

✅ Interconnects Newfoundland and Nova Scotia to the North American grid

✅ Enables Muskrat Falls hydro imports, cutting CO2 and costs

 

For the first time, electricity has been sent between Newfoundland and Nova Scotia through the new Maritime Link.

The 500-megawatt transmission line — which connects Newfoundland to the North American energy grid for the first time and echoes projects like the New England Clean Power Link underway — was tested Friday.

"This changes not only the energy options for Newfoundland and Labrador but also for Nova Scotia and Atlantic Canada," said Rick Janega, the CEO of Emera Newfoundland and Labrador, which owns the link.

"It's an historic event in our eyes, one that transforms the electricity system in our region forever."

 

'On time and on budget'

It will eventually carry power from the Muskrat Falls hydro project in Labrador, where construction is running two years behind schedule and $4 billion over budget, a context in which the Manitoba Hydro line to Minnesota has also faced delay, to Nova Scotia consumers. It was supposed to start producing power later this year, but the new deadline is 2020 at the earliest.

The project includes two 170-kilometre subsea cables across the Cabot Strait between Cape Ray in southwestern Newfoundland and Point Aconi in Cape Breton.

The two cables, each the width of a two-litre pop bottle, can carry 250 megawatts of high voltage direct current, and rest on the ocean floor at depths up to 470 metres.

This reel of cable arrived in St. John's back in April aboard the Norwegian vessel Nexans Skagerrak, after the first power cable reached Nova Scotia earlier in the project. (Submitted by Emera NL)

The Maritime Link also includes almost 50 kilometres of overland transmission in Nova Scotia and more than 300 kilometres of overland transmission in Newfoundland, paralleling milestones on Site C transmission work in British Columbia.

The link won't go into commercial operation until January 1.

Janega said the $1.6-billion project is on time and on budget.

"We're very pleased to be in a position to be able to say that after seven years of working on this. It's quite an accomplishment," he said.

This Norwegian vessel was used to transport the 5,500 tonne subsea cable. (Submitted by Emera NL)

Once in service, the link will improve electrical interconnections between the Atlantic provinces, aligning with climate adaptation guidance for Canadian utilities.

"For Nova Scotia it will allow it to achieve its 40 per cent renewable energy target in 2020. For Newfoundland it will allow them to shut off the Holyrood generating station, in fact using the Maritime Link in advance of the balance of the project coming into service," Janega said.

Karen Hutt, president and CEO of Nova Scotia Power, which is owned by Emera Inc., calls it a great day for Nova Scotia.

"When it goes into operation in January, the Maritime Link will benefit Nova Scotia Power customers by creating a more stable and secure system, helping reduce carbon emissions, and enabling NSP to purchase power from new sources," Hutt said in a statement.

 

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Russian Strikes Threaten Ukraine's Power Grid

Ukraine Power Grid Attacks intensify as missile and drone strikes hit substations and power plants, causing blackouts, humanitarian crises, strained hospitals, and emergency repairs, with winter energy shortages and civilian infrastructure damage worsening nationwide.

 

Key Points

Strikes on energy infrastructure causing blackouts, service disruption, and heightened humanitarian risk in winter.

✅ Missile and drone strikes cripple plants, substations, and lines

✅ Blackouts disrupt water, heating, hospitals, and critical services

✅ Emergency repairs, generators, and aid mitigate winter shortages

 

Ukraine's energy infrastructure remains a primary target in Russia's ongoing invasion, with a recent wave of missile strikes causing power outages in western regions and disrupting critical services across the country. These attacks have devastating humanitarian consequences, leaving millions of Ukrainians without heat, water, and electricity as winter approaches.


Systematic Targeting of Energy Infrastructure

Russia's strategy of deliberately targeting Ukraine's power grid marks a significant escalation, directly affecting the lives of civilians. Power plants, substations, and transmission lines have been hit with missiles and drones, with the latest strikes in late April causing blackouts in cities across Ukraine, including the capital, Kyiv, as the country fights to keep the lights on amid relentless bombardment.


Humanitarian Catastrophe Looms

The damage to Ukraine's electrical system hinders essential services like water supply, sewage treatment, and heating. Hospitals and other critical facilities struggle to operate without reliable power. With winter around the corner, the ongoing attacks threaten a humanitarian catastrophe even as authorities outline plans to keep the lights on this winter for vulnerable communities.


Ukrainian Resolve Remains Unbroken

Despite the devastation, Ukrainian engineers and workers race against time to repair damaged infrastructure and restore power as quickly as possible, while communities adopt new energy solutions to overcome blackouts to maintain essential services. The nation's energy workers have been hailed as heroes for their tireless efforts to keep the lights on amidst relentless attacks. Officials have urged civilians to reduce energy consumption whenever possible to alleviate strain on the fragile grid.


International Condemnation and Support

The systematic attacks on Ukraine's power grid have been widely condemned by the international community.  Western nations have accused Russia of war crimes, highlighting the deliberate targeting of civilian infrastructure. Aid organizations and countries are coordinating efforts to provide emergency power supplies, including generators and transformers, to help Ukraine mitigate the immediate crisis, even as the U.S. ended support for grid restoration in a recent policy shift.


Implications Beyond Ukraine

The humanitarian crisis unfolding in Ukraine due to power grid attacks carries implications far beyond its borders. The disruption of energy supplies could lead to further instability in neighbouring countries dependent on Ukraine's power exports, although officials say electricity reserves are sufficient to prevent scheduled outages if attacks subside. Additionally, a surge in Ukrainian refugees fleeing the deteriorating conditions could put a strain on resources within the European Union.


War Crimes Allegations

International human rights organizations are documenting evidence of Russia's deliberate attacks on Ukraine's civilian infrastructure. Human Rights Watch (HRW) has stated that Russia's targeting of power stations could violate the laws of war and amount to war crimes. This documentation will be crucial for holding Russia accountable for its actions in the future.


Uncertain Future for Ukraine's Power Supply

The long-term consequences of Russia's sustained attacks on Ukraine's power grid remain uncertain. While Ukrainian workers demonstrate incredible resilience, the sheer scale of repeated damage may eventually overwhelm their ability to keep pace with repairs, and, as winter looms over the battlefront, electricity is civilization for frontline communities. Rebuilding destroyed infrastructure could take years and cost billions, a daunting task for a nation already ravaged by war.

 

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Texas utility companies waiving fees; city has yet to act

Texas Utility COVID-19 Relief suspends disconnections, waives late fees, extends payment plans, and supports broadband access as electric, gas, and internet providers help customers during the statewide emergency with speed upgrades and student WiFi initiatives.

 

Key Points

Texas utilities pause disconnections, waive fees, expand access, and offer flexible payment plans during COVID-19.

✅ Disconnections and late fees suspended by gas, power, internet.

✅ Payment plans and deferred balances after emergency.

✅ Bandwidth caps lifted; student WiFi access for remote learning.

 

In response to the COVID-19 pandemic, Texas utility companies have taken unprecedented steps to keep customers' lights on, gas flowing, and online connections stable -- even if they can't pay, amid concerns over pandemic electricity shutoffs nationwide.

Meantime, Palestine City Council members plan to discuss hardship measures Monday, as some states such as New Jersey and New York implement moratoriums on shut-offs, but have no plans yet to ease the burden of paying two other essential services during the statewide emergency -- trash collection and water. Those services are billed through the city.

For many residents, money will be tight after the statewide emergency declaration. Businesses are cutting back or closing. Workers are staying home to avoid the coronavirus.

"We are putting our customers first," Larry Ball, spokesman for Atmos Energy, a Dallas-based natural gas company, told the Herald-Press Friday. "The safety of all of our customers has always been our first priority."

While the declared emergency remains in effect, Atmos has suspended all late fees and customer disconnections, a step similar to PG&E's shutoff moratorium in California.

"Atmos Energy's commitment to safety, paired with our culture, have led us during unique times," Kevin Akers, Atmos President and CEO said. "This will be no different."

Internet Service Providers SuddenLink and Centurylink have similarly suspended all disconnections and late fees. Additionally, Centurylink, a global company serving 36 states, has promised to scrap bandwidth limits, while ensuring the highest speeds possible.

SuddenLink, a division of Altice Business, is also partnering with school districts in their service area to offer its Student WiFi product free for 60 days. That will allow students who have school-issued devices, but no dedicated home Internet access, the ability to use the Optimum WiFi Hot Spot Network to access their school's network and resources.

Electric companies such as TXU and Houston-based Gexa Energy also are working to keep customers safe and connected, and Entergy's relief fund highlights additional support for customers.

During the declared emergency, Gexa is waiving all disconnection and reconnection fees, as well as late fees, a policy focus that later intersected with debates over a proposed electricity market bailout in Texas. Payment plans will be set up for customers, after the crisis ends, Gexa Energy officials said.

"Everyone needs their power on," a Gexa spokesman said. "That is our number one priority."

TXU, based in Irving, is waiving late fees, extending payment due dates with no down-payment required, and deferring customer balances over multiple installments, while some retailers like Griddy underscored the risks of variable-rate plans.

If customers still can't pay, TXU officials said, the company will keep their lights on, a commitment underscored after the Texas winter storm outages exposed vulnerabilities. Customers in need should call 800-242-9113.

"The coronavirus is causing uncertainty and many hardships," Scott Hudson, president of TXU energy, said. "We are committed to serving our communities."

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

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.
 

 

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