Court rejects challenge to Cape Wind

By Associated Press


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Developers of a proposed Nantucket Sound wind farm were cleared to move forward when Massachusetts' high court rejected a claim that the project sidestepped local opposition to win a key permit.

Cape Wind project, a 130-turbine proposal that would be the nation's first offshore wind farm, was given permission last year by a state board to build power transmission lines through state waters. The Supreme Judicial Court backed that decision in a 4-2 ruling.

Cape Wind had gone to the state after a local board, the Cape Cod Commission, rejected in 2007 its request to build about 18 miles of undersea and underground transmission cables to connect to the regional electric power grid. The local board said Cape Wind hadn't provided sufficient information.

Opponents argued the state exceeded its powers and was trumped by the local ruling, but the court disagreed. It said that that interpretation would mean the state Energy Facilities Siting Board's authority applied everywhere but Cape Cod.

Cape Wind opponents also argued the state board was wrong to consider only the transmission lines' effect on Massachusetts, rather than the entire project's effect. But the court said that doing so would have essentially given the board the power to kill a project under federal jurisdiction.

The project is being built entirely in federal waters, though the transmission cables run through state waters, which extend to three miles offshore.

"The siting board does not have authority to do indirectly what it cannot do directly," the court wrote.

Cape Wind, estimated to cost at least $2 billion, was approved this year by U.S. Interior Secretary Ken Salazar after more than eight years of federal review. Developers say the project, which aims to begin operating by late 2012, will provide about three-quarters of Cape Cod's power.

Backers say it will help fight climate change, bring jobs and jump-start a U.S. offshore wind industry that's lagged behind Europe and China. But opponents say the project is a giveaway to a private developer that will endanger marine and bird life and mar historic vistas.

In a dissent to the ruling, Chief Justice Margaret Marshall said the state board does not have the authority the court claimed and that the ruling "establishes a dangerous and unwise precedent."

"A wind farm today may be a drilling rig or nuclear power plant tomorrow," she wrote.

Marshall also agreed the state board should have considered the entire project's effect on the state. She cited this year's oil spill in the Gulf of Mexico, saying it showed that "the failure to take into account in-state consequences of federally authorized energy projects in federal waters can have catastrophic effects on state tidelands and coastal areas, and on all who depend on them."

Cape Wind president Jim Gordon called a "great day," and said the decision showed the state board had acted carefully.

Cape Wind's victories in court and over regulatory challenges are proof of its merit, Gordon said.

"I recognize that there is a small, very vocal and well-funded opposition group that sadly is delaying this project," he said. "I hope that with today's decision they might reflect and join hands with the rest of the citizens that want to transition to a cleaner energy future."

Audra Parker, head of the chief opposition group, the Alliance to Protect Nantucket Sound, called the decision "an outrageous violation of community rights."

Though the decision can't be appealed, the fight to kill the project continues on many fronts, she said, including pending legal challenges to Cape Wind's federal approval.

She sees growing public opposition to the high cost of the project's power, she said.

"This is far from over, despite this ruling," Parker said.

Next week, the Massachusetts Department of Public Utilities will begin considering whether Cape Wind's pending 15-year deal with National Grid is a good deal for ratepayers. Under the deal, the utility would buy half of Cape Wind's power, starting at 18.7 cents per kilowatt hour. That's about twice what the utility pays for power from conventional sources, but Cape Wind backers say that given the volatility of fossil fuel costs, the price will be a good deal over the life of the contract.

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Solar Plus Battery Storage Cheaper Than Conventional Power in Germany

Germany Solar-Plus-Storage Cost Parity signals grid parity as solar power with battery storage undercuts conventional electricity. Falling LCOE, policy incentives, and economies of scale accelerate the energy transition and decarbonization across Germany's power market.

 

Key Points

The point at which solar power with battery storage is cheaper than conventional grid electricity across Germany.

✅ Lower LCOE from tech advances and economies of scale

✅ EEG incentives and streamlined installs cut total costs

✅ Enhances energy security, reduces fossil fuel dependence

 

Germany, a global leader in renewable energy adoption, with clean energy supplying about half of its electricity in recent years, has reached a significant milestone: the cost of solar power combined with battery storage has now fallen below that of conventional electricity sources. This development marks a transformative shift in the energy landscape, showcasing the increasing affordability and competitiveness of renewable energy technologies and reinforcing Germany’s position as a pioneer in the transition to sustainable energy.

The decline in costs for solar power paired with battery storage represents a breakthrough in Germany’s energy sector, especially amid the recent solar power boost during the energy crisis, where the transition from traditional fossil fuels to cleaner alternatives has been a central focus. Historically, conventional power sources such as coal, natural gas, and nuclear energy have dominated electricity markets due to their established infrastructure and relatively stable pricing. However, the rapid advancements in solar technology and energy storage solutions are altering this dynamic, making renewable energy not only environmentally preferable but also economically advantageous.

Several factors contribute to the cost reduction of solar power with battery storage:

  1. Technological Advancements: The technology behind solar panels and battery storage systems has evolved significantly over recent years. Solar panel efficiency has improved, allowing for greater energy generation from smaller installations. Similarly, cheaper batteries have advanced, with reductions in cost and increases in energy density and lifespan. These improvements mean that solar installations can produce more electricity and store it more effectively, enhancing their economic viability.

  2. Economies of Scale: As demand for solar and battery storage systems has grown, manufacturers have scaled up production, leading to economies of scale. This scaling has driven down the cost of both solar panels and batteries, making them more affordable for consumers. As the market for these technologies expands, prices are expected to continue decreasing, further enhancing their competitiveness.

  3. Government Incentives and Policies: Germany’s commitment to renewable energy has been supported by robust government policies and incentives. The country’s Renewable Energy Sources Act (EEG) and other supportive measures, alongside efforts to remove barriers to PV in Berlin that could accelerate adoption, have provided financial incentives for the adoption of solar power and battery storage. These policies have encouraged investment in renewable technologies and facilitated their integration into the energy market, contributing to the overall reduction in costs.

  4. Falling Installation Costs: The cost of installing solar power systems and battery storage has decreased as the industry has matured. Advances in installation techniques, increased competition among service providers, and streamlined permitting processes have all contributed to lower installation costs. This reduction in upfront expenses has made solar with battery storage more accessible and financially attractive to both residential and commercial consumers.

The economic benefits of solar power with battery storage becoming cheaper than conventional power are substantial. For consumers, this shift translates into lower electricity bills and reduced reliance on fossil fuels. Solar installations with battery storage allow households and businesses to generate their own electricity, store it for use during times of low sunlight, and even sell excess power back to the grid, reflecting how solar is reshaping electricity prices in Northern Europe as markets adapt. This self-sufficiency reduces exposure to fluctuating energy prices and enhances energy security.

For the broader energy market, the decreasing cost of solar power with battery storage challenges the dominance of conventional power sources. As renewable energy becomes more cost-effective, it creates pressure on traditional energy providers to adapt and invest in cleaner technologies, including responses to instances of negative electricity prices during renewable surpluses. This shift can accelerate the transition to a low-carbon energy system and contribute to the reduction of greenhouse gas emissions.

Germany’s achievement also has implications for global energy markets. The country’s success in making solar with battery storage cheaper than conventional power serves as a model for other nations pursuing similar energy transitions. As the cost of renewable technologies continues to decline, other countries can leverage these advancements to enhance their own energy systems, reduce carbon emissions, and achieve energy independence amid over 30% of global electricity now from renewables trends worldwide.

The impact of this development extends beyond economics. It represents a significant step forward in addressing climate change and promoting sustainability. By reducing the cost of renewable energy technologies, Germany is accelerating the shift towards a cleaner and more resilient energy system. This progress aligns with the country’s ambitious climate goals and reinforces its role as a leader in global efforts to combat climate change.

Looking ahead, several challenges remain. The integration of renewable energy into existing energy infrastructure, grid stability, and the management of energy storage are all areas that require continued innovation and investment. However, the decreasing cost of solar power with battery storage provides a strong foundation for addressing these challenges and advancing the transition to a sustainable energy future.

In conclusion, the fact that solar power with battery storage in Germany has become cheaper than conventional power is a groundbreaking development with wide-ranging implications. It underscores the technological advancements, economic benefits, and environmental gains associated with renewable energy technologies. As Germany continues to lead the way in clean energy adoption, this achievement highlights the potential for renewable energy to drive global change and reshape the future of energy.

 

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Solar Now ‘cheaper Than Grid Electricity’ In Every Chinese City, Study Finds

China Solar Grid Parity signals unsubsidized industrial and commercial PV, rooftop solar, and feed-in tariff guarantees competing with grid electricity and coal power prices, driven by cost declines, policy reform, and technology advances.

 

Key Points

Point where PV in China meets or beats grid electricity, enabling unsubsidized industrial and commercial solar.

✅ City-level analysis shows cheaper PV than grid in 344 cities.

✅ 22% can beat coal power prices without subsidies.

✅ Soft-cost, permitting, and finance reforms speed uptake.

 

Solar power has become cheaper than grid electricity across China, a development that could boost the prospects of industrial and commercial solar, according to a new study.

Projects in every city analysed by the researchers could be built today without subsidy, at lower prices than those supplied by the grid, and around a fifth could also compete with the nation’s coal electricity prices.

They say grid parity – the “tipping point” at which solar generation costs the same as electricity from the grid – represents a key stage in the expansion of renewable energy sources.

While previous studies of nations such as Germany, where solar-plus-storage costs are already undercutting conventional power, and the US have concluded that solar could achieve grid parity by 2020 in most developed countries, some have suggested China would have to wait decades.

However, the new paper published in Nature Energy concludes a combination of technological advances, cost declines and government support has helped make grid parity a reality in Chinese today.

Despite these results, grid parity may not drive a surge in the uptake of solar, a leading analyst tells Carbon Brief.

 

Competitive pricing

China’s solar industry has rapidly expanded from a small, rural program in the 1990s to the largest in the world, with record 2016 solar growth underscoring the trend. It is both the biggest generator of solar power and the biggest installer of solar panels.

The installed capacity of solar panels in China in 2018 amounted to more than a third of the global total, with the country accounting for half the world’s solar additions that year.

Since 2000, the Chinese government has unveiled over 100 policies supporting the PV industry, and technological progress has helped make solar power less expensive. This has led to the cost of electricity from solar power dropping, as demonstrated in the chart below.


 

In their paper, Prof Jinyue Yan of Sweden’s Royal Institute of Technology and his colleagues explain that this “stunning” performance has been accelerated by government subsidies, but has also seen China overinvesting in what some describe as a clean energy's dirty secret of “redundant construction and overcapacity”. The authors write:

“Recently, the Chinese government has been trying to lead the PV industry onto a more sustainable and efficient development track by tightening incentive policies with China’s 531 New Policy.”

The researchers say the subsidy cuts under this policy in 2018 were a signal that the government wanted to make the industry less dependent on state support and shift its focus from scale to quality.

This, they say, has “brought the industry to a crossroads”, with discussions taking place in China about when solar electricity generation could achieve grid parity.

In their analysis, Yan and his team examined the prospects for building industrial and commercial solar projects without state support in 344 cities across China, attempting to gauge where or whether grid parity could be achieved.

The team estimated the total lifetime price of solar energy systems in all of these cities, taking into account net costs and profits, including project investments, electricity output and trading prices.

Besides establishing that installations in every city tested could supply cheaper electricity than the grid, they also compared solar to the price of coal-generated power. They found that 22% of the cities could build solar systems capable of producing electricity at cheaper prices than coal.

 

Embracing solar

Declining costs of solar technology, particularly crystalline silicon modules, mean the trend in China is also playing out around the world, with offshore wind cost declines reinforcing the shift. In May, the International Renewable Energy Agency (IRENA) said that by the beginning of next year, grid parity could become the global norm for the solar industry, and shifting price dynamics in Northern Europe illustrate the market impact.

Kingsmill Bond, an energy strategist at Carbon Tracker, says this is the first in-depth study he has seen looking at city-level solar costs in China, and is encouraged by this indication of solar becoming ever-more competitive, as seen in Germany's recent solar boost during the energy crisis. He tells Carbon Brief:

“The conclusion that industrial and commercial solar is cheaper than grid electricity means that the workshop of the world can embrace solar. Without subsidy and its distorting impacts, and driven by commercial gain.”

On the other hand, Jenny Chase, head of solar analysis at BloombergNEF, says the findings revealed by Yan and his team are “fairly old news” as the competitive price of rooftop solar in China has been known about for at least a year.

She notes that this does not mean there has been a huge accompanying rollout of industrial and commercial solar, and says this is partly because of the long-term thinking required for investment to be seen as worthwhile.


 

The lifetime of a PV system tends to be around two decades, whereas the average lifespan of a Chinese company is only around eight years, according to Chase. Furthermore, there is an even simpler explanation, as she explains to Carbon Brief:

“There’s also the fact that companies just can’t be bothered a lot of the time – there are roofs all over Europe where solar could probably save money, but people are not jumping to do it.”

According to Chase, a “much more exciting” development came earlier this year, when the Chinese government developed a policy for “subsidy-free solar”.

This involved guaranteeing the current coal-fired power price to solar plants for 20 years, creating what is essentially a low feed-in tariff and leading to what she describes as “a lot of nice, low-risk projects”.

As for the beneficial effects of grid parity, based on how things have played out in countries where it has already been achieved, Chase says it does not necessarily mean a significant uptake of solar power will follow:

“Grid parity solar is never as popular as subsidised solar, and ironically you don’t generally have a rush to build grid parity solar because you may as well wait until next year and get cheaper solar.”

 

Policy proposals

In their paper, Yan and his team lay out policy changes they think would help provide an economic incentive, in combination with grid parity, to encourage the uptake of solar power systems.

Technology costs may have fallen for smaller solar projects of the type being deployed on the rooftops of businesses, but they note that the so-called “soft costs” – including installation and maintenance – tend to be “very impactful”.

Specifically, they say aspects such as financing, land acquisition and grid accommodation, which make up over half the total cost, could be cut down:

“Labour costs are not significant [in China] because of the relatively low wages of direct labour and related installation overhead. Customer acquisition has largely been achieved in China by the mature market, with customers’ familiarity with PV systems, and with the perception that PV systems are a reliable technology. However, policymakers should consider strengthening the targeted policies on the following soft costs.”

Among the measures they suggest are new financing schemes, an effort to “streamline” the complicated procedures and taxes involved, and more geographically targeted government policies, alongside innovations like peer-to-peer energy sharing that can improve utilization.

As their analysis showed the price of solar electricity had fallen further in some cities than others, the researchers recommend targeting future subsidies at the cities that are performing less well – keeping costs to a minimum while still providing support when it is most needed.

 

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India’s Kakrapur 3 achieves criticality

Kakrapar Unit 3 700MWe PHWR achieved first criticality, showcasing indigenously designed nuclear power, NPCIL operations, Make in India manufacturing, advanced safety systems, grid integration, and closed-fuel-cycle strategy for India's expansion of pressurised heavy water reactors.

 

Key Points

India's first indigenous 700MWe PHWR at Kakrapar reached criticality, advancing NPCIL's Make in India nuclear power.

✅ First indigenous 700MWe PHWR achieves criticality

✅ NPCIL-built, Make in India components and contractors

✅ Advanced safety: passive decay heat removal, containment spray

 

Unit 3 of India’s Kakrapar nuclear plant in Gujarat achieved criticality on 22 July, as milestones at nuclear projects worldwide continue to be reached. It is India’s first indigenously designed 700MWe pressurised heavy water reactor (PHWR) to achieve this milestone.

Prime Minister Narendra Modi congratulated nuclear scientists, saying the reactor is a shining example of the 'Make in India' campaign and of the government's steps to get nuclear back on track in recent years, and a trailblazer for many such future achievements. 

India developed its own nuclear power generation technology as it faced sanctions from the international community following its first nuclear weapons test in in 1974. It has not signed the Nuclear Non-Proliferation Treaty, while China's nuclear energy development is on a steady track according to experts. India has developed a three-stage nuclear programme based on a closed-fuel cycle, where the used fuel of one stage is reprocessed to produce fuel for the next stage.

Kakrapar 3 was developed and is operated by state-owned Nuclear Power Corporation of India Ltd (NPCIL), while in Europe KHNP considered for a Bulgarian project as countries weigh options. The first two units are 220MWe PHWRs commissioned in 1993 and 1995. NPCIL said in a statement that the components and equipment for Kakrapur 3 were “manufactured by lndian industries and the construction and erection was undertaken by various lndian contractors”.

The 700MWe PHWRs have advanced safety features such as steel lined inner containment, a passive decay heat removal system, a containment spray system, hydrogen management systems etc, the statement added.

Fuel loading was completed by mid-March, a crucial step in Abu Dhabi during its commissioning as well. “Thereafter, many tests and procedures were carried out during the lockdown period following all COVlD-19 guidelines.”

“As a next step, various experiments / tests will be conducted and power will be increased progressively, a path also followed by Barakah Unit 1 reaching 100% power before commercial operations.” Kakrapur 3 will be connected to the western grid and will be India’s 23rd nuclear power reactor.

Kakrapur 3 “is the front runner in a series of 16 indigenous 700MWe PHWRs which have been accorded administrative approval and financial sanction by the government and are at various stages of implementation”. Five similar units are under construction at Kakarapur 4, Rajasthan 7&8 and Gorakhpur1&2.

DAE said in January 2019 that India planned to put 21 new nuclear units with a combined generating capacity of 15,700MWe into operation by 2031, including ten indigenously designed PHWRs, while Bangladesh develops nuclear power with IAEA assistance. 

 

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Chinese-built electricity poles plant inaugurated in South Sudan

Juba Power Distribution Expansion accelerates grid rehabilitation in South Sudan, adding concrete poles, medium and low voltage networks, and LED street lighting, funded by AfDB and executed by Power China for reliable, affordable electricity.

 

Key Points

A project to upgrade Juba's grid with concrete poles, MV-LV networks, and LED lighting for reliable, affordable power.

✅ 13,350 concrete poles produced locally for network rollout

✅ Medium and low voltage network rehabilitation and expansion

✅ LED street lighting and customer care improvements funded by AfDB

 

The South Sudan government has launched a factory producing concrete poles that will facilitate an ambitious project done by a Chinese company to rehabilitate and expand the Power Distribution System in Juba, its capital.

The Minister of Dams and Electricity, Dhieu Mathok, said that the factory, rented by Power China, will produce some 13,350 poles for the electricity distribution in the capital and other states.

"The main objective of this project is to increase the supply capacity and reliability of the power distribution system in Juba. Access to the grid will replace the use of generators by the population, allow supply of energy at more affordable price and, hence contribute toward economic growth and poverty eradication in South Sudan," Mathok said during the inauguration of the plant along the Yei road in Juba.

#google#

He disclosed that it will help solve the problem associated with non-availability of concrete poles for the project and to mitigate the risk of importing poles from other countries.

"This factory will create positive impact on the construction of the national grid in South Sudan. It is owned by South Sudanese business people but currently it has been taken over by Power China for a brief period of one year," he said.

South Sudan is largely generator driven economy with continued electricity blackout, and across the continent initiatives like Cape Town's municipal power build-out illustrate alternative approaches, in the wake of the collapse of the generator power plant operated by the South Sudan Electricity Corporation (SSEC) in 2013.

Wang Cun, an official with Power China said they got the contract to build the electricity project in June 2016 and that they will continue to support South Sudanese staff with skills and knowledge, drawing on advances such as PEM green hydrogen R&D that point to future low-carbon options, and also work with the government on several major power projects.

"We have achieved much from these projects and we also suffered much from the instability and continuous conflicts all these years, but we confirm and believe the year of 2018 will be a year of peace and development in South Sudan," Wang said, adding that the company has been operating in South Sudan since 2009.

He disclosed that Power China has conducted several projects before South Sudan won independence from Sudan in 2011 such as the peace road project from Renk to Malakal, Maridi water plant and Malakal municipal road projects.

Wang said they will immediately reorganize all necessary resources to increase post-production capacity and immediately shall commence the erection of these poles to all corners of Juba city and start the distribution.

"We shall do as we did before to recruit more local technicians, engineers and laborers during the construction period, so that they are there in place for similar projects in the near future. We shall make more efforts to improve these local staffs' working environment and to realize sustainable development of Power China and Sino-hydro in South Sudan," said Wang.

Power China has been committing itself in the economic development of South Sudan and has signed eight commercial contracts with the government of South Sudan since independence like the Juba-hydro power project and the Tharjiath thermal power plant project, while in China projects such as the Lawa hydropower station demonstrate ongoing hydropower expertise that can inform regional work.

Liu Xiaodong, the Charge d'Affaires at the Chinese embassy in South Sudan, said Power China has been working very hard in the engineering and procurement in the earlier stage of the project, and as China expands energy ties such as nuclear cooperation with Cambodia that demonstrate broader engagement, also thanked the South Sudan government and the African Development Bank for their strong support.

Liu added upon completion Juba will have an upgraded power distribution system with 2,250 lighting points along the main roads in the capital and lamps will be LED ones.

The project falls under the Juba Power Distribution System Rehabilitation and Expansion Project, which was funded by the African Development Bank (AfDB) and has undertaken an AfDB review of a Senegal power plant to inform regional energy decisions.

It comprises of five different lots like Rehabilitation of Diesel plant substation, Rehabilitation and Expansion of medium voltage network, low voltage network, and Rehabilitation and Expansion of street lighting and improvement of customer care.

 

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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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Lawmakers question FERC licensing process for dams in West Virginia

FERC Hydropower Licensing Dispute centers on FERC authority, Clean Water Act compliance, state water quality certifications, Federal Power Act timelines, and Army Corps dams on West Virginia's Monongahela River licenses.

 

Key Points

An inquiry into FERC's licensing process and state water quality authority for hydropower at Monongahela River dams.

✅ Questions on omitted state water quality conditions

✅ Debate over starting Clean Water Act certification timelines

✅ Potential impacts on states' rights and licensing schedules

 

As federal lawmakers, including Democrats pressing FERC, plan to consider a bill that would expand Federal Energy Regulatory Commission (FERC) licensing authority, questions emerged on Tuesday about the process used by FERC to issue two hydropower licenses for existing dams in West Virginia.

In a letter to FERC Chairman Neil Chatterjee, Democratic leaders of the House Energy and Commerce Committee, as electricity pricing changes were being debated, raised questions about hydropower licenses issued for two dams operated by the U.S. Army Corps of Engineers on the Monongahela River in West Virginia.

U.S. Reps. Frank Pallone Jr. (D-NJ), the ranking member of the Subcommittee on Energy, Bobby Rush (D-IL), the ranking member of the Subcommittee on Environment, and John Sarbanes (D-MD), amid Maryland clean energy enforcement concerns, questioned why FERC did not incorporate all conditions outlined in a West Virginia Department of Environmental Protection water quality certificate into plans for the projects.

“By denying the state its allotted time to review this application and submit requirements on these licenses, FERC is undermining the state’s authority under the Clean Water Act and Federal Power Act to impose conditions that will ensure water quality standards are met,” the letter stated.

The House of Representatives was slated to consider the Hydropower Policy Modernization Act of 2017, H.R. 3043, later in the week. The measure would expand FERC authority over licensing processes, a theme mirrored in Maine's transmission line debate over interstate energy projects. Opponents of the bill argue that the changes would make it more difficult for states to protect their clean water interests.

West Virginia has announced plans to challenge FERC hydropower licenses for the dams on the Monongahela River, echoing Northern Pass opposition seen in New Hampshire.

 

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