Dispute raises doubts over Amazon dams

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

Key Points

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

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

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

✅ Appeals Ontario ruling; implications for ratepayers and policy.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Advanced Nuclear Technology drives decarbonization through innovation, SMRs, and a stable grid, bolstering U.S. leadership, energy security, and clean power exports under supportive regulation and policy to meet climate goals cost-effectively.

Key Points

Advanced nuclear technology uses SMRs to deliver low-carbon, reliable power and strengthen energy security.

✅ Accelerates decarbonization with firm, low-carbon baseload power

✅ Enhances grid reliability via SMRs and advanced fuel cycles

✅ Supports U.S. leadership through exports, R&D, and modern regulation

The most cost-effective way--indeed the only reasonable way-- to reduce greenhouse gas emissions and foster our national economic and security interests is through innovation, especially next-gen nuclear power innovation. That's from Rep. Greg Walden, R-Oregon, ranking Republican member of the House Energy and Commerce Committee, speaking to a Subcommittee on Energy hearing titled, "Building a 100 Percent Clean Economy: Advanced Nuclear Technology's Role in a Decarbonized Future."

Here are the balance of his remarks.

Encouraging the deployment of atomic energy technology, strengthening our nuclear industrial base, implementing policies that helps reassert U.S. nuclear leadership globally... all provide a promising path to meet both our environmental and energy security priorities. In fact, it's the only way to meet these priorities.

So today can help us focus on what is possible and what is necessary to build on recent policies we've enacted to ensure we have the right regulatory landscape, the right policies to strengthen our domestic civil industry, and the advanced nuclear reactors on the horizon.

U.S. global leadership here is sorely needed. Exporting clean power and clean power technologies will do more to drive down global Co2 emissions on the path to net-zero emissions worldwide than arbitrary caps that countries fail to meet.

In May last year, the International Energy Agency released an informative report on the role of nuclear power in clean energy systems; it did not find current trends encouraging.

The report noted that nuclear and hydropower "form the backbone of low-carbon electricity generation," responsible for three-quarters of global low-carbon generation and the reduction of over 60 gigatons of carbon dioxide emissions over the past 50 years.

Yet IEA found in advanced economies, nuclear power is in decline, with closing plants and little new investment, "just when the world requires more low-carbon electricity."

There are various reasons for this, some relating to cost overruns and delays, others to policies that fail to value the "low-carbon and energy security attributes" of nuclear. In any case, the report found this failure to encourage nuclear will undermine global efforts to develop cleaner electricity systems.

Germany demonstrates the problem. As it chose to shut down its nuclear industry, it has doubled down on expanding renewables like solar and wind. Ironically, to make this work, it also doubled down on coal. This nuclear phase out has cost Germany $12 billion a year, 70% of which is from increased mortality risk from stronger air pollutants (this according to the National Bureau of Economic Research). If other less technologically advanced nations even could match the rate of renewables growth reached by Germany, they would only hit about a fifth of what is necessary to reach climate goals--and with more expensive energy. So, would they then be forced to bring online even more coal-fired sources than Germany?

On the other hand, as outlined by the authors of the pro-nuclear book "A Bright Future," France and Sweden have both demonstrated in the 1970s and 1980s, how to do it. They showed that the build out of nuclear can be done at five times the rate of Germany's experience with renewables, with increased electricity production and relatively lower prices.

I think the answer is obvious about the importance of nuclear. The question will be "can the United States take the lead going forward?"

We can help to do this in Congress if we fully acknowledge what U.S. leadership on nuclear will mean--both for cleaner power and industrial systems beyond electricity, here and abroad--and for the ever-important national security attributes of a strong U.S. industry.

Witnesses have noted in recent hearings that recognizing how U.S. energy and climate policy effects energy and energy technology relationships world-wide is critical to addressing emissions where they are growing the fastest and for strengthening our national security relationships.

Resurrecting technological leadership in nuclear technology around the world will meet our broader national and energy security reasons--much as unleashing U.S. LNG from our shale revolution restored our ability to counter Russia in energy markets, while also driving cleaner technology. Our nuclear energy exports boost our national security priorities.

We on Energy and Commerce have been working, in a bipartisan manner over the past few Congresses to enhance U.S. nuclear policies. There is most certainly more to do. And I think today's hearing will help us explore what can be done, both administratively and legislatively, to pave the way for advanced nuclear energy.

Let me welcome the panel today. Which, I'm pleased to see, represents several important perspectives, including industry, regulatory, safety, and international expertise, to two innovative companies--Terrapower and my home state of Oregon's NuScale. All of these witnesses can speak to what we need to do to build, operate and lead with these new technologies.

We should work to get our nation's nuclear policy in order, learning from global frameworks like the green industrial revolution abroad. Today represents a good step in that effort.

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Finland Shadow Fleet Cable Investigation details suspected Russia-linked sabotage of Baltic Sea undersea cables, AIS dark activity, and false-flag tactics threatening critical infrastructure, prompting NATO and EU vigilance against hybrid warfare across Northern Europe.

Key Points

Finland probes suspected sabotage of undersea cables by a Russia-linked vessel using flag of convenience and AIS off.

✅ Undersea cable damage in Baltic Sea sparks security alerts

✅ Suspected shadow fleet ship ran AIS dark under false flag

✅ NATO and EU boost maritime surveillance, critical infrastructure

In December 2024, Finland launched an investigation into a ship allegedly linked to Russia’s “shadow fleet” following a series of incidents involving damage to undersea cables. The investigation has raised significant concerns in Finland and across Europe, as it suggests possible sabotage or other intentional acts related to the disruption of vital communication and energy infrastructure in the Baltic Sea region. This article explores the key details of the investigation, the role of Russia’s shadow fleet, and the broader geopolitical implications of this event.

The "Shadow Fleet" and Its Role

The term “shadow fleet” refers to a collection of ships, often disguised or operating under false flags, that are believed to be part of Russia's covert maritime operations. These vessels are typically used for activities such as smuggling, surveillance, and potentially military operations, mirroring the covert hacker infrastructure documented by researchers in related domains. In recent years, the "shadow fleet" has been under increasing scrutiny due to its involvement in various clandestine actions, especially in regions close to NATO member countries and areas with sensitive infrastructure.

Russia’s "shadow fleet" operates in the shadows of regular international shipping, often difficult to track due to the use of deceptive practices like turning off automatic identification systems (AIS). This makes it difficult for authorities to monitor their movements and assess their true purpose, raising alarm bells when one of these ships is suspected of being involved in damaging vital infrastructure like undersea cables.

The Cable Damage Incident

The investigation was sparked after damage was discovered to an undersea cable in the Baltic Sea, a vital link for communication, data transmission, and energy supply between Finland and other parts of Europe. These undersea cables are crucial for everything from internet connections to energy grid stability, with recent Nordic grid constraints underscoring their importance, and any disruption to them can have serious consequences.

Finnish authorities reported that the damage appeared to be deliberate, raising suspicions of potential sabotage. The timing of the damage coincides with a period of heightened tensions between Russia and the West, particularly following the escalation of the war in Ukraine, with recent strikes on Ukraine's power grid highlighting the stakes, and ongoing geopolitical instability. This has led many to speculate that the damage to the cables could be part of a broader strategy to undermine European security and disrupt critical infrastructure.

Upon further investigation, a vessel that had been in the vicinity at the time of the damage was identified as potentially being part of Russia’s "shadow fleet." The ship had been operating under a false flag and had disabled its AIS system, making it challenging for authorities to track its movements. The vessel’s activities raised red flags, and Finnish authorities are now working closely with international partners to ascertain its involvement in the incident.

Geopolitical Implications

The damage to undersea cables and the suspected involvement of Russia’s "shadow fleet" have broader geopolitical implications, particularly in the context of Europe’s security landscape. Undersea cables are considered critical infrastructure, akin to electric utilities where intrusions into US control rooms have been documented, and any deliberate attack on them could be seen as an act of war or an attempt to destabilize regional security.

In the wake of the investigation, there has been increased concern about the vulnerability of Europe’s energy and communication networks, which are increasingly reliant on these undersea connections, and as the Baltics pursue grid synchronization with the EU to reduce dependencies, policymakers are reassessing resilience measures. The European Union, alongside NATO, has expressed growing alarm over potential threats to this infrastructure, especially as tensions with Russia continue to escalate.

The incident also highlights the growing risks associated with hybrid warfare tactics, which combine conventional military actions with cyberattacks, including the U.S. condemnation of power grid hacking as a cautionary example, sabotage, and disinformation campaigns. The targeting of undersea cables could be part of a broader strategy by Russia to disrupt Europe’s ability to coordinate and respond effectively, particularly in the context of ongoing sanctions and diplomatic pressure.

Furthermore, the suspected involvement of a "shadow fleet" ship raises questions about the transparency and accountability of maritime activities in the region. The use of vessels operating under false flags or without identification systems complicates efforts to monitor and regulate shipping in international waters. This has led to calls for stronger maritime security measures and greater cooperation between European countries to ensure the safety and integrity of critical infrastructure.

Finland’s Response and Ongoing Investigation

In response to the cable damage incident, Finnish authorities have mobilized a comprehensive investigation, seeking to determine the extent of the damage and whether the actions were deliberate or accidental. The Finnish government has called for increased vigilance and cooperation with international partners to identify and address potential threats to undersea infrastructure, drawing on Symantec's Dragonfly research for insights into hostile capabilities.

Finland, which shares a border with Russia and has been increasingly concerned about its security in the wake of Russia's invasion of Ukraine, has ramped up its defense posture. The damage to undersea cables serves as a stark reminder of the vulnerabilities that come with an interconnected global infrastructure, and Finland’s security services are likely to scrutinize the incident as part of their broader defense strategy.

Additionally, the incident is being closely monitored by NATO and the European Union, both of which have emphasized the importance of safeguarding critical infrastructure. As an EU member and NATO partner, Finland’s response to this situation could influence how Europe addresses similar challenges in the future.

The investigation into the damage to undersea cables in the Baltic Sea, allegedly linked to Russia’s "shadow fleet," has significant implications for European security. The use of covert operations, including the deployment of ships under false flags, underscores the growing threats to vital infrastructure in the region. With tensions between Russia and the West continuing to rise, the potential for future incidents targeting critical communication and energy networks is a pressing concern.

As Finland continues its investigation, the incident highlights the need for greater international cooperation and vigilance in safeguarding undersea cables and other critical infrastructure. In a world where hybrid warfare tactics are becoming increasingly common, ensuring the security of these vital connections will be crucial for maintaining stability in Europe. The outcome of this investigation may serve as a crucial case study in the ongoing efforts to protect infrastructure from emerging and unconventional threats.

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Nord Stream Pipeline Sabotage triggers Baltic Sea gas leaks as Norway and Denmark tighten energy infrastructure security, offshore surveillance, and exclusion zones, after drone sightings near platforms and explosions reported by experts.

Key Points

An alleged attack causing Baltic gas leaks and heightened energy security measures in Norway and Denmark.

✅ Norway boosts offshore and onshore site security

✅ Denmark enforces 5 nm exclusion zone near leaks

✅ Drones spotted; police probe sabotage and safety breaches

Norway and Denmark will increase security and surveillance around their energy infrastructure sites after the alleged sabotage of Russia's Nord Stream gas pipeline in the Baltic Sea, as the EU pursues a plan to dump Russian energy to safeguard supplies. 

Major leaks struck two underwater natural gas pipelines running from Russia to Germany, which has moved to a 200 billion-euro energy shield amid surging prices, with experts reporting that explosions rattled the Baltic Sea beforehand.

Norway -- an oil-rich nation and Europe's biggest supplier of gas -- will strengthen security at its land and offshore installations, even as it weighs curbing electricity exports to avoid shortages, the country's energy minister said.

The Scandinavian country's Petroleum Safety Authority also urged vigilance on Monday after unidentified drones were seen flying near Norway's offshore oil and gas platforms.

"The PSA has received a number of warnings/notifications from operator companies on the Norwegian Continental Shelf concerning the observation of unidentified drones/aircraft close to offshore facilities" the agency said in a statement.

"Cases where drones have infringed the safety zone around facilities are now being investigated by the Norwegian police."

Meanwhile Denmark will increase security across its energy sector after the Nord Stream incident, as wider market strains, including Germany's struggling local utilities, ripple across Europe, a spokesperson for gas transmission operator Energinet told Upstream.

The Danish Maritime Agency has also imposed an exclusion zone for five nautical miles around the leaks, warning ships of a danger they could lose buoyancy, and stating there is a risk of the escaping gas igniting "above the water and in the air," even as Europe weighs emergency electricity measures to limit prices.

Denmark's defence minister said there was no cause for security concerns in the Baltic Sea region.

"Russia has a significant military presence in the Baltic Sea region and we expect them to continue their sabre-rattling," Morten Bodskov said in a statement.

Video taken by a Danish military plane on Tuesday afternoon showed the extent of one of gas pipeline leaks, with the surface of the Baltic bubbling up as gas escapes, highlighting Europe's energy crisis for global audiences:

Meanwhile police in Sweden have opened a criminal investigation into "gross sabotage" of the Nord Stream 1 and Nord Stream 2 pipelines, and Sweden's crisis management unit was activated to monitor the situation. The unit brings together representatives from different government agencies. 

Swedish Foreign Minister Ann Linde had a call with her Danish counterpart Jeppe Kofod on Tuesday evening, and the pair also spoke with Norwegian Foreign Minister Anniken Huitfeldt on Wednesday, as the bloc debates gas price cap strategies to address the crisis, with Kofod saying there should be a "clear and unambiguous EU statement about the explosions in the Baltic Sea." 

"Focus now on uncovering exactly what has happened - and why. Any sabotage against European energy infrastructure will be met with a robust and coordinated response," said Kofod. 

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E.ON Digital Transformer Stations modernize distribution grids with smart grid monitoring, voltage control, and remote switching, enabling bidirectional power flow, renewables integration, and rapid fault isolation from centralized grid control centres.

Key Points

Remotely monitored grid nodes enhancing smart grid stability and speedier fault response.

✅ Real-time voltage and current data along feeders and laterals

✅ Remote switching cuts outage duration and truck rolls

✅ Supports renewables and bidirectional power flows

E.ON plans to commission 2500 digital transformer stations in the service areas of its four German distribution grid operators - Avacon, Bayernwerk, E.DIS and Hansewerk - by the end of 2019. Starting this year, E.ON will solely install digital transformer stations in Germany, aligning with 2019 grid edge trends seen across the sector. This way, the digital grid is quite naturally being integrated into E.ON's distribution grids.

With these transformer stations as the centrepiece of the smart grid, it is possible to monitor and control using synchrophasors in the power grid from the grid control centre. This helps to maintain a more balanced utilisation of the grid and, with increasing complexity, ensures continued security of supply.

Until now, the current and voltage parameters required for safe grid operation could usually only be determined at the beginning of a power line, where there is usually a grid substation in place. Controlling current flow and voltage in the downstream system was physically impossible.

In the future, grids will have to function in both directions: they will bring electricity to the customer while at the same time collecting and transmitting more and more green electricity via HVDC technology where appropriate. This requires physical data to be made available along the entire route. To ensure security of supply, voltage fluctuations must be kept within narrowly defined limits and the current flow must not exceed the specified value, while reducing line losses with superconducting cables remains an important consideration. To manage this challenge, it is necessary to install digital technology.

The possibility of remotely controlling grids also reduces downtimes in the event of faults and supports a smarter electricity infrastructure approach. With the new technology, our grid operators can quickly and easily access the stations of the affected line. The grid control centres can thus limit and eliminate faults on individual line sections within a very short space of time.

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Hydro One Avista merger faces regulatory scrutiny in Washington, Oregon, and Idaho, as political risk outweighs defensive utilities fundamentals like stable cash flow, rate base growth, EPS outlook, and a near 5% dividend yield.

Key Points

A planned Hydro One-Avista acquisition awaiting key state approvals amid elevated political and regulatory risk.

✅ Hold rating, $24 price target, 28.1% implied return

✅ EPS forecast: $1.27 in 2018; $1.38 in 2019

✅ Defensive utility: stable cash flow, 4-6% rate base growth

A seemingly positive development for Hydro One is overshadowed by ongoing political and regulatory risk, as seen after the CEO and board ouster, Industrial Alliance Securities analyst Jeremy Rosenfield says.

On October 4, staff from the Washington Utilities and Transportation Commission filed updated testimony in support of the merger of Hydro One and natural gas distributor Avista, which had previously received U.S. antitrust clearance from federal authorities.

The merger, which was announced in July of 2017 has received the green light from federal and key states, with Washington, Oregon and Idaho being exceptions, though the companies would later seek reconsideration from U.S. regulators in the process.

But Rosenfield says even though decisions from Oregon and Idaho are expected by December, there are still too many unknowns about Hydro One to recommend investors jump into the stock.

Hydro One stock defensive but risky

“We continue to view Hydro One as a fundamentally defensive investment, underpinned by (1) stable earnings and cash flows from its regulated utility businesses (2) healthy organic rate base and earning growth (4-6%/year through 2022) and (3) an attractive dividend (~5% yield, 70-80% target payout),” the analyst says. “In the meantime, and ahead of key regulatory approvals in the AVA transaction, we continue to see heightened political/regulatory risk as an overhand on the stock, outweighing Hydro One’s fundamentals in the near term.”

In a research update to clients today, Rosenfield maintained his “Hold” rating and one year price target of $24.00 on Hydro One, implying a return of 28.1 per cent at the time of publication.

Rosenfield thinks Hydro One will generate EPS of $1.27 per share in fiscal 2018, even though its Q2 profit plunged 23% as electricity revenue fell. He expects that number will improve to EPS of $1.38 a share the following year.

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