San Francisco to vote on clean energy charter

By Environmental News Network


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The City Board of Supervisors voted 7—4 recently to put the San Francisco Clean Energy Act on the ballot this November.

The measure, authored by Supervisors Ross Mirkarimi and Aaron Peskin, requires 51% of the City’s electricity consumption to come from renewable sources by 2017, rising to 75% by 2030, and finally to 100% — "or the greatest amount technologically feasible or practicable" — by 2040.

The Clean Energy Act further mandates an initial feasibility study be done to determine the best way to generate this green, clean, renewable energy to meet those goals.

The study could weaken utility Pacific Gas & ElectricÂ’s hold on the market, and PG&E is already engaged in an active campaign to defeat the measure. As Supervisor Mirkarimi puts it, the feasibility study is important, "Otherwise PG&E has a monopoly until the planet dies".

We donÂ’t usually get much lightning here in San Francisco, but the measure proposed by the Supervisors has shaped up to be a lightning rod, and the source of the lightning sparking it comes from, not surprisingly, Pacific Gas & Electric and, surprising indeed to many (though not all), mayor Gavin Newsom.

Newsom told reporters that "We have other things we should be focusing on" adding that we should "call it what it is. ItÂ’s a power takeover of PG&E."

Really?

Gavin is never slow to remind us of his forward-looking vision for the City (sometimes, for this writer, his self-congratulatory tone goes on ad nauseum); I guess as long as you donÂ’t screw around with PG&EÂ’s monopoly, that is.

Former Newsom campaign manager Eric Jaye, who maintains close ties with the mayor, has been working hard on behalf of PG&E "blanketing the city with lies about the idea of San Francisco kicking the (PG&E) habit", according to former Newsom campaign strategist Bob Brigham.

Speaking at NetRoots Nation earlier this month, Newsom set about launching his campaign for governor, waxing poetic about his green vision for the state and the nation. But when asked why he opposes the Clean Energy Act for San Francisco Newsom could only muster, “Oh, it’s horrible”?, without elaborating further.

Just a couple weeks ago the Mayor was hailing the soon-to-be installed solar panels on City landmark Grace Cathedral as another step toward making "San Francisco the greenest city on Earth", saying that the project "...supports the CityÂ’s goals of increasing the use of clean renewable power".

As long as it doesnÂ’t interfere with business as usual at PG&E.

Newsom added in his remarks at Grace Cathedral, "I commend PG&E for their vision of implementing renewable energy on a true San Francisco landmark".

How about implementing renewable energy in the entire city?

Oops. Apparently thatÂ’s going just a bit too far.

Many supporters say that characterizing this measure as a "public vs. private power" issue is misguided and misleading. Assembly member Mark Leno said that if San Francisco did indeed turn to public power to meet the goals of the measure, it would be as "American as apple pie", noting that 42 million Americans already get their power from public utilities.

Supervisor Gerardo Sandoval further suggested that government is better suited to assume the risks of turning to renewable energy saying that "The private industry is not going to take that risk. ItÂ’s always going to take the cheap way out, which is fossil fuels" (though I would argue that a true and proper accounting of energy from fossil fuels doesnÂ’t really make it that "cheap").

Many think the Renewable Energy Act will help San Francisco be a model for others to follow, as reflected in comments from Supervisor Peskin: "As goes San Francisco, so goes the state of California, and so goes the nation. This is a time when people can change the destiny of the planet".

Granted, there are many parts of the country that may not wish to always follow in the footsteps of San Francisco, but this need not be such an instance.

ItÂ’s just this sort of bold initiative we need from the public sector to help bring to reality a new energy economy. Gavin Newsom and PG&E can come along, or be pushed to the side as cities, states, and nations bring about a new way of doing business.

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British Columbia Halts Further Expansion of Self-Driving Vehicles

BC Autonomous Vehicle Ban freezes new driverless testing and deployment as BC develops a regulatory framework, prioritizing safety, liability clarity, and road sharing with pedestrians and cyclists while existing pilot projects continue.

 

Key Points

A moratorium pausing new driverless testing until a safety-first regulatory framework and clear liability rules exist.

✅ Freezes new AV testing and deployment provincewide

✅ Current pilot shuttles continue under existing approvals

✅ Focus on safety, liability, and road-user integration

 

British Columbia has halted the expansion of fully autonomous vehicles on its roads. The province has announced it will not approve any new applications for testing or deployment of vehicles that operate without a human driver until it develops a new regulatory framework, even as it expands EV charging across the province.


Safety Concerns and Public Questions

The decision follows concerns about the safety of self-driving vehicles and questions about who would be liable in the event of an accident. The BC government emphasizes the need for robust regulations to ensure that self-driving cars and trucks can safely share the road with traditional vehicles, pedestrians, and cyclists, and to plan for infrastructure and power supply challenges associated with electrified fleets.

"We want to make sure that British Columbians are safe on our roads, and that means putting the proper safety guidelines in place," said Rob Fleming, Minister of Transportation and Infrastructure. "As technology evolves, we're committed to developing a comprehensive framework to address the issues surrounding self-driving technology."


What Does the Ban Mean?

The ban does not affect current pilot projects involving self-driving vehicles that already operate in BC, such as limited shuttle services and segments of the province's Electric Highway that support charging and operations.


Industry Reaction

The response from industry players working on autonomous vehicle technology has been mixed, amid warnings of a potential EV demand bottleneck as adoption ramps up. While some acknowledge the need for clear regulations, others express concern that the ban could stifle innovation in the province.

"We understand the government's desire to ensure safety, but a blanket ban risks putting British Columbia behind in the development of this important technology," says a spokesperson for a self-driving vehicle start-up.


Debate Over Self-Driving Technology

The BC ban highlights a larger debate about the future of autonomous vehicles. While proponents point to potential benefits such as improved safety, reduced traffic congestion, and increased accessibility, and national policies like Canada's EV goals aim to accelerate adoption, critics raise concerns about liability, potential job losses in the transportation sector, and the ability of self-driving technology to handle complex driving situations.


BC Not Alone

British Columbia is not the only jurisdiction grappling with the regulation of self-driving vehicles. Several other provinces and states in both Canada and the U.S. are also working to develop clear legal and regulatory frameworks for this rapidly evolving technology, even as studies suggest B.C. may need to double its power output to fully electrify road transport.


The Road Ahead

The path forward for fully autonomous vehicles in BC depends on the government's ability to create a regulatory framework that balances safety considerations with fostering innovation, and align with clean-fuel investments like the province's hydrogen project to support zero-emission mobility.  When and how that framework will materialize remains unclear, leaving the future of self-driving cars in the province temporarily uncertain.

 

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Duke Energy Florida's smart-thinking grid improves response, power restoration for customers during Hurricane Ian

Self-healing grid technology automatically reroutes power to reduce outages, speed restoration, and boost reliability during storms like Hurricane Ian in Florida, leveraging smart grid sensors, automation, and grid hardening to support Duke Energy customers.

 

Key Points

Automated smart grid systems that detect faults and reroute power to minimize outages and accelerate restoration.

✅ Cuts outage duration via automated fault isolation

✅ Reroutes electricity with sensors and distribution automation

✅ Supports storm resilience and faster field crew restoration

 

As Hurricane Ian made its way across Florida, where restoring power in Florida can take weeks in hard-hit areas, Duke Energy's grid improvements were already on the job helping to combat power outages from the storm.

Smart, self-healing technology, similar to smart grid improvements elsewhere, helped to automatically restore more than 160,000 customer outages and saved nearly 3.3 million hours (nearly 200 million minutes) of total lost outage time.

"Hurricane Ian is a strong reminder of the importance of grid hardening and storm preparedness to help keep the lights on for our customers," said Melissa Seixas, Duke Energy Florida state president. "Self-healing technology is just one of many grid improvements that Duke Energy is making to avoid outages, restore service faster and increase reliability for our customers."

Much like the GPS in your car can identify an accident ahead and reroute you around the incident to keep you on your way, self-healing technology is like a GPS for the grid. The technology can quickly identify power outages and alternate energy pathways to restore service faster for customers when an outage occurs.

Additionally, self-healing technology provides a smart tool to assist crews in the field with power restoration after a major storm like Ian, helping reduce outage impacts and freeing up resources to help restore power in other locations.

Three days after Hurricane Ian exited the state, Duke Energy Florida wrapped up restoration of approximately 1 million customers. This progress enabled the company to deploy more than 550 Duke Energy workers from throughout Florida, as well as contractors from across the country, to help restore power for Lee County Electric Cooperative customers.

Crews worked in Cape Coral and Pine Island, one of the hardest-hit areas in the storm's path, as Canadian power crews have in past storms, and completed power restoration for the majority of customers on Pine Island within approximately one week after arriving to the island.

Prior to Ian in 2022, smart, self-healing technology had helped avoid nearly 250,000 extended customer outages in Florida, similar to Hydro One storm recovery efforts, saving around 285,000 hours (17.1 million minutes) of total lost outage time.

Duke Energy currently serves around 59% of customers in Florida with self-healing capabilities on its main power distribution lines, with a goal of serving around 80% over the next few years.

 

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U.S. Department of Energy Announces $110M for Carbon Capture, Utilization, and Storage

DOE CCUS Funding advances carbon capture, utilization, and storage with FEED studies, regional deployment, and CarbonSAFE site characterization, leveraging 45Q tax credits to scale commercial CO2 reduction across fossil energy sectors.

 

Key Points

DOE CCUS Funding are federal FOAs for commercial carbon capture, storage, and utilization via FEED and CarbonSAFE.

✅ $110M across FEED, Regional, and CarbonSAFE FOAs

✅ Supports Class VI permits, NEPA, and site characterization

✅ Enables 45Q credits and enhanced oil recovery utilization

 

The U.S. Department of Energy’s (DOE’s) Office of Fossil Energy (FE) has announced approximately $110 million in federal funding for cost-shared research and development (R&D) projects under three funding opportunity announcements (FOAs), alongside broader carbon-free electricity investments across the power sector.

Approximately $75M is for awards selected under two FOAs announced earlier this fiscal year; $35M is for a new FOA.

These FOAs further the Administration’s commitment to strengthening coal while protecting the environment. Carbon capture, utilization, and storage (CCUS) is increasingly becoming widely accepted as a viable option for fossil-based energy sources—such as coal- or gas-fired power plants under new EPA power plant rules and other industrial sources—to lower their carbon dioxide (CO2) emissions.

DOE’s program has successfully deployed various large-scale CCUS pilot and demonstration projects, and it is imperative to build upon these learnings to test, mature, and prove CCUS technologies at the commercial scale. A recent study by Science of the Total Environment found that DOE is the most productive organization in the world in the carbon capture and storage field.

“This Administration is committed to providing cost-effective technologies to advance CCUS around the world,” said Secretary Perry. “CCUS technologies are vital to ensuring the United States can continue to safely use our vast fossil energy resources, and we are proud to be a global leader in this field.”

“CCUS technologies have transformative potential,” said Assistant Secretary for Fossil Energy Steven Winberg. “Not only will these technologies allow us to utilize our fossil fuel resources in an environmentally friendly manner, but the captured CO2 can also be utilized in enhanced oil recovery and emerging CO2-to-electricity concepts, which would help us maximize our energy production.”

Under the first FOA award, Front-End Engineering Design (FEED) Studies for Carbon Capture Systems on Coal and Natural Gas Power Plants, DOE has selected nine projects to receive $55.4 million in federal funding for cost-shared R&D. The selected projects will support FEED studies for commercial-scale carbon capture systems. Find project descriptions HERE. 

Under the second FOA award, Regional Initiative to Accelerate CCUS Deployment, DOE selected four projects to receive up to $20 million in federal funding for cost-shared R&D. The projects also advance existing research and development by addressing key technical challenges; facilitating data collection, sharing, and analysis; evaluating regional infrastructure, including CO2 storage hubs and pipelines; and promoting regional technology transfer. Additionally, this new regional initiative includes newly proposed regions or advanced efforts undertaken by the previous Regional Carbon Sequestration Partnerships (RCSP) Initiative. Find project descriptions HERE. 

Elsewhere in North America, provincial efforts such as Quebec's and industry partners like Cascades are investing in energy efficiency projects to complement emissions-reduction goals.

Under the new FOA, Carbon Storage Assurance Facility Enterprise (CarbonSAFE): Site Characterization and CO2 Capture Assessment, DOE is announcing up to $35 million in federal funding for cost-shared R&D projects that will accelerate wide-scale deployment of CCUS through assessing and verifying safe and cost-effective anthropogenic CO2 commercial-scale storage sites, and carbon capture and/or purification technologies. These types of projects have the potential to take advantage of the 45Q tax credit, bolstered by historic U.S. climate legislation, which provides a tax credit for each ton of CO2 sequestered or utilized. The credit was recently increased to $35/metric ton for enhanced oil recovery and $50/metric ton for geologic storage.

Projects selected under this new FOA shall perform the following key activities: complete a detailed site characterization of a commercial-scale CO2 storage site (50 million metric tons of captured CO2 within a 30 year period); apply and obtain an underground injection control class VI permit to construct an injection well; complete a CO2capture assessment; and perform all work required to obtain a National Environmental Policy Act determination for the site.

 

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Updated Germany hydrogen strategy sees heavy reliance on imported fuel

Germany Hydrogen Import Strategy outlines reliance on green hydrogen imports, expanded electrolysis capacity, IPCEI-funded pipelines, and industrial decarbonization for steel and chemicals to reach climate-neutral goals by 2045, meeting 2030 demand of 95-130 TWh.

 

Key Points

A plan to import 50-70% of hydrogen by 2030, backing green hydrogen, electrolysis, pipelines, and decarbonization.

✅ Imports cover 50-70% of 2030 hydrogen demand

✅ 10 GW electrolysis target with state aid and IPCEI

✅ 1,800 km H2 pipelines to link hubs by 2030

 

Germany will have to import up to 70% of its hydrogen demand in the future as Europe's largest economy aims to become climate-neutral by 2045, an updated government strategy published on Wednesday showed.

The German cabinet approved a new hydrogen strategy, setting guidelines for hydrogen production, transport infrastructure and market plans.

Germany is seeking to expand reliance on hydrogen as a future energy source to bolster energy resilience and cut greenhouse emissions for highly polluting industrial sectors that cannot be electrified such as steel and chemicals and cut dependency on imported fossil fuel.

Produced using solar and wind power, green hydrogen is a pillar of Berlin's plan to build a sustainable electric planet and transition away from fossil fuels.

But even with doubling the country's domestic electrolysis capacity target for 2030 to at least 10 gigawatts (GW), Germany will need to import around 50% to 70% of its hydrogen demand, forecast at 95 to 130 TWh in 2030, the strategy showed.

"A domestic supply that fully covers demand does not make economic sense or serve the transformation processes resulting from the energy transition and the broader global energy transition overall," the document said.

The strategy underscores the importance of diversifying future hydrogen sources, including potential partners such as Canada's clean hydrogen sector, but the government is working on a separate strategy for hydrogen imports whose exact date is not clear, a spokesperson for the economy ministry said.

"Instead of relying on domestic potential for the production of green hydrogen, the federal government's strategy is primarily aimed at imports by ship," Simone Peter, the head of Germany's renewable energy association, said.

Under the strategy, state aid is expected to be approved for around 2.5 GW of electrolysis projects in Germany this year and the government will earmark 700 million euros ($775 million) for hydrogen research to optimise production methods, research minister Bettina Stark-Watzinger said.

But Germany's limited renewable energy space will make it heavily dependent on imported hydrogen from emerging export hubs such as Abu Dhabi hydrogen exports gaining scale, experts say.

"Germany is a densely populated country. We simply need space for wind and photovoltaic to be able to produce the hydrogen," Philipp Heilmaier, an energy transition researcher at Germany energy agency, told Reuters.

The strategy allows the usage of hydrogen produced through fossil energy sources preferably if the carbon is split off, but said direct government subsidies would be limited to green hydrogen.

Funds for launching a hydrogen network with more than 1,800 km of pipelines in Germany are expected to flow by 2027/2028 through the bloc's Important Projects of Common European Interest (IPCEI) financing scheme, as the EU plans to double electricity use by 2050 could raise future demand, with the goal of connecting all major generation, import and storage centres to customers by 2030.

Transport Minister Volker Wissing said his ministry was working on plans for a network of hydrogen filling stations and for renewable fuel subsidies.

Environmental groups said the strategy lacked binding sustainability criteria and restriction on using hydrogen for sectors that cannot be electrified instead of using it for private heating or in cars, calling for a plan to eventually phase-out blue hydrogen which is produced from natural gas.

Germany has already signed several hydrogen cooperation agreements with countries such as clean energy partnership with Canada and Norway, United Arab Emirates and Australia.

 

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Why subsidies for electric cars are a bad idea for Canada

EV Subsidies in Canada influence greenhouse-gas emissions based on electricity grid mix; in Ontario and Quebec they reduce pollution, while fossil-fuel grids blunt benefits. Compare costs per tonne with carbon tax and renewable energy policies.

 

Key Points

Government rebates for electric vehicles, whose emissions impact and cost-effectiveness depend on provincial grid mix.

✅ Impact varies by grid emissions; clean hydro-nuclear cuts CO2.

✅ MEI estimates up to $523 per tonne vs $50 carbon price.

✅ Best value: tax carbon; target renewables, efficiency, hybrids.

 

Bad ideas sometimes look better, and sell better, than good ones – as with the proclaimed electric-car revolution that policymakers tout today. Not always, or else Canada wouldn’t be the mostly well-run place that it is. But sometimes politicians embrace a less-than-best policy – because its attractive appearance may make it more likely to win the popularity contest, right now, even though it will fail in the long run.

The most seasoned political advisers know it. Pollsters too. Voters, in contrast, don’t know what they don’t know, which is why bad policy often triumphs. At first glance, the wrong sometimes looks like it must be right, while better and best give the appearance of being bad and worst.

This week, the Montreal Economic Institute put out a study on the costs and benefits of taxpayer subsidies for electric cars. They considered the logic of the huge amounts of money being offered to purchasers in the country’s two largest provinces. In Quebec, if you buy an electric vehicle, the government will give you up to $8,000; in Ontario, buying an electric car or truck entitles you to a cheque from the taxpayer of between $6,000 and $14,000. The subsidies are rich because the cars aren’t cheap.

Will putting more electric cars on the road lower greenhouse-gas emissions? Yes – in some provinces, where they can be better for the planet when the grid is clean. But it all depends on how a province generates electricity. In places like Alberta, Saskatchewan, Nova Scotia and Nunavut territory, where most electricity comes from burning fossil fuels, an electric car may actually generate more greenhouse gases than one running on traditional gasoline. The tailpipe of an electric vehicle may not have any emissions. But quite a lot of emissions may have been generated to produce the power that went to the socket that charged it.

A few years ago, University of Toronto engineering professor Christopher Kennedy estimated that electric cars are only less polluting than the gasoline vehicles they replace when the local electrical grid produces a good chunk of its power from renewable sources – thereby lowering emissions to less than roughly 600 tonnes of CO2 per gigawatt hour.

Unfortunately, the electricity-generating systems in lots of places – from India to China to many American states – are well above that threshold. In those jurisdictions, an electric car will be powered in whole or in large part by electricity created from the burning of a fossil fuel, such as coal. As a result, that car, though carrying the green monicker of “electric,” is likely to be more polluting than a less costly model with an internal combustion or hybrid engine.

The same goes for the Canadian juridictions mentioned above. Their electricity is dirtier, so operating an electric car there won’t be very green. Alberta, for example, is aiming to generate 30 per cent of its electricity from renewable sources by 2030 – which means that the other 70 per cent of its electricity will still come from fossil fuels. (Today, the figure is even higher.) An Albertan trading in a gasoline car for an electric vehicle is making a statement – just not the one he or she likely has in mind.

In Ontario and Quebec, however, most electricity is generated from non-polluting sources, even though Canada still produced 18% from fossil fuels in 2019 overall. Nearly all of Quebec’s power comes from hydro, and more than 90 per cent of Ontario’s electricity is from zero-emission generation, mainly hydro and nuclear. British Columbia, Manitoba and Newfoundland and Labrador also produce the bulk of their electricity from hydro. Electric cars in those provinces, powered as they are by mostly clean electricity, should reduce emissions, relative to gas-powered cars.

But here’s the rub: Electric cars are currently expensive, and, as a recent survey shows, consequently not all that popular. Ontario and Quebec introduced those big subsidies in an attempt to get people to buy them. Those subsidies will surely put more electric cars on the road and in the driveways of (mostly wealthy) people. It will be a very visible policy – hey, look at all those electrics on the highway and at the mall!

However, that result will be achieved at great cost. According to the MEI, for Ontario to reach its goal of electrics constituting 5 per cent of new vehicles sold, the province will have to dish out up to $8.6-billion in subsidies over the next 13 years.

And the environmental benefits achieved? Again, according to the MEI estimate, that huge sum will lower the province’s greenhouse-gas emissions by just 2.4 per cent. If the MEI’s estimate is right, that’s far too many bucks for far too small an environmental bang.

Here’s another way to look at it: How much does it cost to reduce greenhouse-gas emissions by other means? Well, B.C.’s current carbon tax is $30 a tonne, or a little less than 7 cents on a litre of gasoline. It has caused GHG emissions per unit of GDP to fall in small but meaningful ways, thanks to consumers and businesses making millions of little, unspectacular decisions to reduce their energy costs. The federal government wants all provinces to impose a cost equivalent to $50 a tonne – and every economic model says that extra cost will make a dent in greenhouse-gas emissions, though in ways that will not involve politicians getting to cut any ribbons or hold parades.

What’s the effective cost of Ontario’s subsidy for electric cars? The MEI pegs it at $523 per tonne. Yes, that subsidy will lower emissions. It just does so in what appears to be the most expensive and inefficient way possible, rather than the cheapest way, namely a simple, boring and mildly painful carbon tax.

Electric vehicles are an amazing technology. But they’ve also become a way of expressing something that’s come to be known as “virtue signalling.” A government that wants to look green sees logic in throwing money at such an obvious, on-brand symbol, or touting a 2035 EV mandate as evidence of ambition. But the result is an off-target policy – and a signal that is mostly noise.

 

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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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