Feds intent on prison for Wittig

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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Atlantic Canada EV adoption lags, a new poll finds, as fewer buyers consider electric vehicles amid limited charging infrastructure, lower provincial rebates, and affordability pressures in Nova Scotia and Newfoundland compared to B.C. and Quebec.

Key Points

Atlantic Canada EV adoption reflects demand, shaped by rebates, charging access, costs, and the regional energy mix.

✅ Poll shows lowest purchase intent in Atlantic Canada

✅ Lack of rebates and charging slows EV consideration

✅ Income and energy mix affect affordability and benefits

Atlantic Canadians are the least likely to buy a car, truck or SUV in the next year and the most skittish about going electric, according to a new poll. 

Only 31 per cent of Nova Scotians are looking at buying a new or used vehicle before December 2021 rolls around. And just 13 per cent of Newfoundlanders who are planning to buy are considering an electric vehicle. Both those numbers are the lowest in the country. Still, 47 per cent of Nova Scotians considering buying in the next year are thinking about electric options, according to the numbers gathered online by Logit Group and analyzed by Halifax-based Narrative Research. That compares to 41 per cent of Canadians contemplating a vehicle purchase within the next year, with 54 per cent of them considering going electric. 

“There’s still a high level of interest,” said Margaret Chapman, chief operating officer at Narrative Research.  

“I think half of people who are thinking about buying a vehicle thinking about electric is pretty significant. But I think it’s a little lower in Atlantic Canada compared to other parts of the country probably because the infrastructure isn’t quite what it might be elsewhere. And I think also it’s the availability of vehicles as well. Maybe it just hasn’t quite caught on here to the extent that it might have in, say, Ontario or B.C., where the highest level of interest is.” 

Provincial rebates
Provincial rebates also serve to create more interest, she said, citing New Brunswick's rebate program as an example in the region. 

“There’s a $7,500 rebate on top of the $5,000 you get from the feds in B.C. But in Nova Scotia there’s no provincial rebate,” Chapman said. “So I think that kind of thing actually is significant in whether you’re interested in buying an electric vehicle or not.” 

The survey was conducted online Nov. 11–13 with 1,231 Canadian adults. 

Of the people across Canada who said they were not considering an electric vehicle purchase, 55 per cent said a provincial rebate would make them more likely to consider one, she said.  

In Nova Scotia, that number drops to 43 per cent. 

Nova Scotia families have the lowest median after-tax income in the country, according to numbers released earlier this year.  

The national median in 2018 was $61,400, according to Statistics Canada. Nova Scotia was at the bottom of the pack with $52,200, up from $51,400 in 2017. 

So big price tags on electric vehicles might put them out of reach for many Nova Scotians, and a recent cost-focused survey found similar concerns nationwide. 

“I think it’s probably that combination of cost and infrastructure,” Chapman said. 

“But you saw this week in the financial update from the federal government that they’re putting $150 million into new charging station, so were some of that cash to be spread in Atlantic Canada, I’m sure there would be an increase in interest … The more charging stations around you see, you think ‘Alright, it might not be so hard to ensure that I don’t run out of power for my car.’ All of that stuff I think will start to pick up. But right now it is a little bit lagging in Atlantic Canada, and in Labrador infrastructure still lags despite a government push in N.L. to expand EVs.” 

'Simple dollars and cents'
The lack of a provincial government rebate here for electric vehicles definitely factors into the equation, said Sean O’Regan, president and chief executive officer of O'Regan's Automotive Group.  

“Where you see the highest adoption are in the provinces where there are large government rebates,” he said. “It’s a simple dollars and cents (thing). In Quebec, when you combine the rebates it’s up to over $10,000, if not $12,000, towards the car. If you can get that kind of a rebate on a car, I don’t know that it would matter much what it was – it would help sell it.” 

A lot of people who want to buy electric cars are trying to make a conscious decision about the environment, O’Regan said. 

While Nova Scotia Power is moving towards renewable energy, he points out that much of our electricity still comes from burning coal and other fossil fuels, and N.L. lags in energy efficiency as the region works to improve.  

“So the power that you get is not necessarily the cleanest of power,” O’Regan said. “The green advantage is not the same (in Nova Scotia as it is in provinces that produce a lot of hydro power).” 

Compared to five years ago, the charging infrastructure here is a lot better, he said. But it doesn’t compare well to provinces including Quebec and B.C., though Newfoundland recently completed its first fast-charging network for electric car owners. 

“Certainly (with) electric cars – we're selling more and more and more of them,” O'Regan said, noting the per centage would be in the single digits of his overall sales. “But you're starting from zero a few years ago.” 

The highest number of people looking at buying electric cars was in B.C., with 57 per cent of those looking at buying a car saying they’d go electric, and even in southern Alberta interest is growing; like Bob Dylan in 1965 at the Newport Folk Festival.  

“The trends move from west to east across Canada,” said Jeff Farwell, chief executive officer of the All EV Canada electric car store in Burnside.  

“I would use the example of the craft beer market. It started in B.C. about 15 years before it finally went crazy in Nova Scotia. And if you look at Vancouver right now there’s (electric vehicles) everywhere.” 

Expectations high
Farwell expects electric vehicle sales to take off faster in Atlantic Canada than the craft beer market. “A lot faster.” 

His company also sells used electric vehicles in Prince Edward Island and is making moves to set up in Moncton, N.B. 

He’s been talking to Nova Scotia’s Department of Energy and Mines about creating rebates here for new and used electric vehicles. 

 “I guess they’re interested, but nothing’s happened,” Farwell said.  

Electric vehicles require “a bit of a lifestyle change,” he said. 

“The misconception is it takes a lot longer to charge a vehicle if it’s electric and gas only takes me 10 minutes to fill up at the gas station,” Farwell said.  

“The reality is when I go home at night, I plug my vehicle in,” he said. “I get up in the morning and I unplug it and I never have to think about it. It takes two seconds.”  
 

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Germany nuclear phase-out underscores a high-stakes energy transition, trading reactors for renewables, LNG imports, and grid resilience to secure supply, cut emissions, and navigate climate policy, public opinion shifts, and post-Ukraine supply shocks.

Key Points

Germany's nuclear phase-out retires reactors, shifting to renewables, LNG, and grid upgrades for low-carbon power.

✅ Last three reactors: Neckarwestheim, Isar 2, and Emsland closed

✅ Supply secured via LNG imports, renewables, and grid flexibility

✅ Policy accelerated post-Fukushima; debate renewed after Ukraine war

The German government is phasing out nuclear power despite the energy crisis. The country is pulling the plug on its last three reactors, betting it will succeed in its green transition without nuclear power.

On the banks of the Neckar River, not far from Stuttgart in south Germany, the white steam escaping from the nuclear power plant in Baden-Württemberg will soon be a memory.

The same applies further east for the Bavarian Isar 2 complex and the Emsland complex, at the other end of the country, not far from the Dutch border.

While many Western countries depend on nuclear power, Europe's largest economy is turning the page, even if a possible resurgence of nuclear energy is debated until the end.

Germany is implementing the decision to phase out nuclear power taken in 2002 and accelerated by Angela Merkel in 2011, after the Fukushima disaster.

Fukushima showed that "even in a high-tech country like Japan, the risks associated with nuclear energy cannot be controlled 100 per cent", the former chancellor justified at the time.

The announcement convinced public opinion in a country where the powerful anti-nuclear movement was initially fuelled by fears of a Cold War conflict, and then by accidents such as Chernobyl.

The invasion of Ukraine on 24 February 2022 brought everything into question. Deprived of Russian gas, the flow of which was essentially interrupted by Moscow, Germany found itself exposed to the worst possible scenarios, from the risk of its factories being shut down to the risk of being without heating in the middle of winter.

With just a few months to go before the initial deadline for closing the last three reactors on 31 December, the tide of public opinion began to turn, and talk of a U-turn on the nuclear phaseout grew louder. 

"With high energy prices and the burning issue of climate change, there were of course calls to extend the plants," says Jochen Winkler, mayor of Neckarwestheim, where the plant of the same name is in its final days.

Olaf Scholz's government, which the Green Party - the most hostile to nuclear power - is part of, finally decided to extend the operation of the reactors to secure the supply until 15 April.

"There might have been a new discussion if the winter had been more difficult if there had been power cuts and gas shortages nationwide. But we have had a winter without too many problems," thanks to the massive import of liquefied natural gas, notes Mr Winkler.

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Medicine Hat Bitcoin Mining Deal delivers 42 MW electricity to Hut 8, enabling blockchain data centres, cryptocurrency mining expansion, and economic diversification in Alberta with low-cost power, land lease, and rapid construction near Unit 16.

Key Points

A pact to supply 42 MW and lease land, enabling Hut 8's blockchain data centres and crypto mining growth in Alberta.

✅ 42 MW electricity from city; land lease near Unit 16

✅ Hut 8 expands to 60.7 MW; blockchain data centres

✅ 100 temporary jobs; 42 ongoing roles in Alberta

The City of Medicine Hat has agreed to supply electricity and lease land to a Toronto-based cryptocurrency mining company, at a time when some provinces are pausing large new crypto loads in a deal that will see $100 million in construction spending in the southern Alberta city.

The city will provide electric energy capacity of about 42 megawatts to Hut 8 Mining Corp., which will construct bitcoin mining facilities near the city's new Unit 16 power plant.

The operation is expected to be running by September and will triple the company's operating power to 60.7 megawatts, Hut 8 said, amid broader investments in new turbines across Canada.

#google#

"The signing of the electricity supply agreement and the land lease represents a key component in achieving our business plan for the roll-out of our BlockBox Data Centres in low-cost energy jurisdictions," said the company's board chairman, Bill Tai, in a release.

"[Medicine Hat] offers stable, cost-competitive utility rates and has been very welcoming and supportive of Hut 8's fast-paced growth plans."

In bitcoin mining operations, rows upon rows of power-consuming computers are used to solve mathematical puzzles in exchange for bitcoins and confirm crytopcurrency transactions. The verified transactions are then added to the public ledger known as the blockchain.

Hut 8's existing 18.7-megawatt mining operation at Drumheller, Alta. — a gated compound filled with rows of shipping containers housing the computers — has so far mined 750 bitcoins. Bitcoin was trading Tuesday morning for about $11,180.

Medicine Hat Mayor Ted Clugston says the deal is part of the city's efforts to diversify its economy.

We've made economic development a huge priority down here because we were hit very, very hard by the oil and gas decline," he said, noting that being the generator and vendor of its own electricity puts the city in a uniquely good position.

"Really we're just turning gas into electricity and they're taking that electricity and turning it into blockchain, or ones and zeroes."

Elsewhere in Canada, using more electricity for heat has been urged by green energy advocates, reflecting broader electrification debates.

Hut 8 says construction of the facility is starting right away and will create about 100 temporary jobs. The project is expected to be finished by the third-quarter of this year.

The Medicine Hat mining operation will generate 42 ongoing jobs for electricians, general labourers, systems technicians and security staff.

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PJM and MISO Electricity-Market Reforms promise consumer savings by enabling renewables, wind, solar, and storage participation in wholesale markets, enhancing grid flexibility, reliability services, and real-time pricing across the Midwest, Great Lakes, and Mid-Atlantic.

Key Points

Market rule updates enabling renewables and storage, improving reliability and lowering consumer costs.

✅ Removes barriers to renewables, storage, demand response

✅ Improves intermarket links and real-time price signals

✅ Rewards flexible resources and reliability services

Electricity-market reforms to enable more renewables generation and storage in the Midwest, Great Lakes, and Mid-Atlantic could save consumers in the US and Canada more than $6.9 billion a year, according to a new report.

The findings may have major implications for consumer groups, large industrial companies, businesses, and homeowners in those regions, said the Wind-Solar Alliance, (WSA), which commissioned the Customer Focused and Clean report.

The WSA is a non-profit organisation supporting the growth of renewables. American Wind Energy Association CEO Tom Kiernan is listed as WSA secretary, amid ongoing debates about the US wind market today.

"Consumers are looking for clean energy, affordable and reliable energy that will keep their monthly electricity bills low," said Kristin Munsch, president of the Board of the Consumer Advocates of the PJM States, which represents over 65 million consumers in 13 states.

"There is great potential to achieve those goals with the cost-effective integration of wind, solar and battery storage plants into our wholesale power markets."

The report found the average residential customer in the PJM and Midcontinent Independent System Operator (MISO) regions, covering 29 US states and the Canadian province of Manitoba, could each save up to $48 a year as lower wholesale electricity prices materialize with significantly more wind, solar and storage on the grid.

The average annual home electricity, for example in New Jersey, in the PJM region, was just over $106 in 2018, according to the US Energy Information Administration.

The latest report quantifies the findings of a previous one for the WSA, published in November 2018, which found that outdated wholesale market rules in the US were preventing full participation by renewable energy, including wind power.

Outdated rules

"The existing wholesale power market rules were largely developed for slower-to-react conventional generators, such as coal and nuclear plants," said Michael Milligan, president of Milligan Grid Solutions and co-author of the new report.

"This report demonstrates the benefits of updating the rules to better accommodate the characteristics and potential contributions of wind and solar and other newer sources of low-cost generation."

With more renewables generation on the grid, customers would benefit the most from increasing power-system flexibility through market structures, the new report concluded. It called for the removal of artificial barriers preventing renewables, storage and demand response from participating in markets.

The report also advocated improving the connections between markets, thereby lowering transaction costs of imports and exports between neighbouring systems.

"There are currently artificial barriers that are preventing the full participation of renewables, storage and other new technologies in the PJM and MISO markets," said Michael Goggin, vice president of Grid Strategies and co-author of the report.

"Providing consumers with a real-time price signal that allows them to adjust their demand, rewarding flexible resources for their capabilities through improved market design, and allowing renewable and storage resources to participate in reliability-services markets would yield the greatest consumer benefits," he said.

PJM and MISO, which incorporate some of the windiest areas of the country, are currently reviewing their market designs as part of a broader grid overhaul underway.

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Rosatom-RAS Cooperation drives joint R&D in nuclear energy, nuclear medicine, fusion, particle accelerators, laser technologies, fuel cycle safety, radioactive waste management, and supercomputing, aligning strategic planning and standards to accelerate innovation across Russia's nuclear sector.

Key Points

A pact uniting Rosatom and RAS on nuclear R&D, fusion, and medicine to advance nuclear technologies across Russia.

✅ Joint R&D in fusion, accelerators, lasers, and new materials

✅ Focus on fuel cycle closure, safety, and waste management

✅ Shared strategic planning, standards, and expert evaluation

Russian state atomic energy corporation Rosatom and the Russian State Academy of Sciences are to cooperate on joint scientific, technical and innovative activities in areas including nuclear energy, nuclear medicine and other areas of the electricity sector under an agreement signed in Moscow on 7 February.

The cooperation agreement was signed by Rosatom Director General Alexei Likhachov and President of the Russian Academy of Sciences Alexander Sergeev during a joint meeting to mark Russian Science Day. Under its terms, the partners will cooperate in organising research and development activities aimed at providing technological advantages in various sectors of the domestic industry, as well as creating and developing interdisciplinary scientific and technological centres and organisations supporting energy sector training and innovation. They will also jointly develop strategic planning documents, improve the technical and scientific regulatory and legal framework, and carry out expert evaluations of scientific and technical projects and scientific consultations.

Rosatom said the main areas of cooperation in the agreement are: the development of laser technologies and particle accelerators; the creation of modern diagnostic equipment, nuclear medicine and radiation therapy; controlled thermonuclear fusion; nuclear energy of the future; new materials; the nuclear fuel cycle and its closure; safety of nuclear energy and power sector pandemic response preparedness; environmental aspects of radioactive waste management; modern supercomputers, databases, application packages, and import-substituting codes; and also X-ray astronomy and nuclear planetology.

Likhachov said joint activities between Rosatom and the Academy would strengthen the Russian nuclear industry's "leadership" in the world and allow the creation of new technologies that would shape the future image of the nuclear industry in Russia. "Within the framework of the Agreement, we intend to expand work on the entire spectrum of advanced scientific research. The most important direction of our cooperation will be the integration of fundamental, exploratory and applied scientific research, including in the interests of the development of the nuclear industry. We will work together to form the nuclear energy industry of the future, and enhance grid resilience, to create new materials, new radiation technologies,” he said.

Sergeyev noted the "rich history" of cooperation between the Academy of Sciences and the nuclear industry, including modern safety practices such as arc flash training that support operations. “All major projects in the field of military and peaceful nuclear energy were carried out jointly by scientists and specialists of our organisations, which largely ensured their timeliness and success," he said.

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