South Carolina refuses to block nuclear plant

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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Alberta Utility Rate Rider will add a modest fee to electricity bills and natural gas charges as the AUC recovers outstanding debt from the COVID-19 deferral program via AESO and the Balancing Pool.

Key Points

A temporary surcharge on Alberta power and gas bills to recover unpaid COVID-19 deferral debt, administered by the AUC.

✅ Applies per kWh and per GJ based on consumption

✅ Recovers unpaid balances from 2020-21 bill deferrals

✅ Collected via AESO and the Balancing Pool under AUC oversight

The province says Alberta ratepayers should expect to see an extra fee on their utility bills in the coming months.

That fee is meant to recover the outstanding debt owed to gas and electricity providers resulting from last year's three-month utility deferral program offered to struggling Albertans during the pandemic.

The provincial government announced the utility deferral program in March 2020 then formalized it with legislation, alongside a consumer price cap on power bills that shaped later policy decisions.

The program allowed residential, farm and small commercial customers who used less than 250,000 kilowatt hours of electricity per year — or consumed less than 2,500 gigajoules per year — to postpone their bills amid the COVID-19 pandemic.

According to the province, 350,000 customers, or approximately 13 per cent of the natural gas and electricity consumer base, took advantage of the program.

Customers had a year to repay providers what they owed. That deadline ended June 18, 2021.

The Alberta Utilities Commission (AUC), which regulates the utilities sector and natural gas and electricity markets and oversees a rate of last resort framework, said the vast majority of consumers have squared up.

But for those who didn't, provincial legislation dictates that Alberta ratepayers must cover any unpaid debt. The legislation exempts Medicine Hat utility customers for electricity and gas co-operative customers for gas.

"When the program was announced, it was very clear that it was a deferral program and that the monies would need to be paid back," said Geoff Scotton, a spokesperson with the Alberta Utilities Commission.

"Now we're in the situation where the providers, in good faith, who enabled those payment deferrals, need to be made whole. That's really the goal here."

Amount to be determined
Margeaux Maron, a spokesperson for Associate Minister of Natural Gas and Electricity Dale Nally, said based on early estimates, $13 to $16 million of $92 million in deferred payments remain outstanding.

As a result, the province expects the average Albertan will end up paying, unlike jurisdictions offering a lump-sum credit, a fraction of a dollar extra per monthly gas and electricity bill over a handful of months.

Scotton said at this point, there are too many unknown factors to know the exact size of the rate rider. However, he said he expects it to be modest.

Scotton said affected parties first have until the end of this week to notify the AUC exactly how much they are still owed.

Those parties include the Alberta Electric System Operator and the Balancing Pool, who essentially acted as bankers with respect to the distribution and transmission of the utilities to customers who deferred their payments.

Regulated service providers may also seek reimbursement on administrative and carrying costs, even as issues like a BC Hydro fund surplus spark debate elsewhere.

Then, Scotton said, once the outstanding amounts are known, the AUC will hold a public proceeding, similar to a Nova Scotia rate case, to determine the amount and the duration of the rate rider to be applied to each natural gas and electricity bill.

The amount will be based on consumption: per kilowatt hour for electricity and per gigajoule for natural gas.

That means larger businesses will end up paying more than the average Albertan.

Scotton said the AUC will expedite the hearing process and it expects to have a decision by the end of the summer.

Rate rider a 'surprise'
Joel MacDonald with Energyrates.ca — an organization which compares energy rates across the country — said it's not the amount of the rate rider that bothers him, but the fact that the repayment process wasn't made clear at the onset of the program.

"It came to us as a bit of a surprise," MacDonald said.

He said what was sold as a deferral program seems more like an electricity rebate program, or an "ability to pay" program.

"As opposed to the retailers looking into collection methods, anything that wasn't paid is basically just being forced upon all Alberta consumers," MacDonald said.

The expectation set out in the deferral legislation and regulations state utility providers such as Enmax and Epcor are expected to use reasonable efforts to try to collect the unpaid balances. It must then detail those reasonable efforts to the AUC.

A spokesperson for Enmax said it first works with its customers to find manageable payment arrangements and connects them with support services if they are unable to pay.

Then, if payment can't be arranged, it said it will work with a collection agency, which may even result in disconnection of service.

The spokesperson said only after all efforts have failed would Enmax seek reimbursement through this program.

Use tax revenues?
MacDonald also questioned why a government program isn't being paid for through general tax revenues.

He compared the utility deferral program to a mortgage subsidy program.

"Imagine that [Canada Mortgage And Housing Corporation] said, 'Hey, we had to give mortgage deferrals and some of these people never paid back their deferrals, so we're going to add an extra $300 to everyone's mortgage,'" he said.

"You'd expect that to come off of some sort of general taxation — not being assigned to other people's mortgages, right?"

In response, Maron said due to the current fiscal challenges facing the government — and the expected minimal costs to consumers, and even as a consumer price cap on electricity remains in place — it was determined that a rate rider would be an appropriate mechanism to repay bad debt associated with the program.

Scotton said rate riders aren't unusual — they're used to fine-tune rates for a set period of time.

He said under normal circumstances, regulated service providers can apply to the AUC to impose a rate rider to recover unexpected costs. And in some instances, they can provide a credit.

But in this situation, he said the debt is aggregated and, in turn, being collected more broadly.

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Floating Rotating Eco Hotel harnesses renewable energy via VAWTAU, recycles rainwater for greywater, and follows zero-waste principles. This mobile, off-grid, Qatar-based resort generates electricity by slow 360-degree rotation while offering luxury amenities.

Key Points

A mobile, off-grid hotel that rotates to generate power, uses VAWTAU, recycles greywater, and targets zero-waste.

✅ Rotates 360 deg in 24 hours to produce electricity

✅ VAWTAU system: vertical-axis turbine and sun umbrella

✅ Rain capture and greywater recycling minimize waste

A new eco-friendly, floating hotel plans to generate its own electricity by rotating while guests relax on board, echoing developments like the solar Marriott hotel in sustainable hospitality.

Led by Hayri Atak Architectural Design Studio (HAADS), the structure will be completely mobile, meaning it can float from place to place, never sitting in a permanent position. Building began in March 2020 and the architects aim for it to be up and running by 2025.

It will be based in Qatar, but has the potential to be located in different areas due to its mobility, and it sits within a region advancing projects such as solar hydrogen production that signal a broader clean-energy shift.

The design includes minimum energy loss and a zero waste principle at its core, aligning with progress in wave energy research that aims to power a clean future. As it will rotate around all day long, this will generate electrical energy to power the whole hotel.

But guests won’t feel too dizzy, as it takes 24 hours for the hotel to spin 360 degrees.

The floating hotel will stay within areas with continuous currents, to ensure that it is always rotating, drawing on ideas from ocean and river power systems that exploit natural flows. This type of green energy production is called ‘vawtau’ (vertical axis wind turbine and umbrella) which works like a wind turbine on the vertical axis, while alternative approaches like kite-based wind energy target stronger, high-altitude currents as well, and functions as a sun umbrella on the coastal band.

Beyond marine-current concepts such as underwater kites, the structure will also make use of rainwater to create power. A cover on the top of the hotel will collect rain to be used for greywater recycling. This is when wastewater is plumbed straight back into toilets, washing machines or outside taps to maximise efficiency.

The whole surface area is around 35,000 m², comparable in scale to emerging floating solar plants that demonstrate modular, water-based infrastructure, and there are a total of 152 rooms. It will have three different entrances so that there is access to the land at any time of the day, thanks to the 140-degree pier that surrounds it.

There will also be indoor and outdoor swimming pools, a sauna, spa, gym, mini golf course and other activity areas.

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MidAmerican Energy Wind XI expands Iowa wind power with the Beaver Creek and Prairie farms, 169 turbines and 338 MW, delivering renewable energy, grid reliability, rural jobs, and long-term tax revenue through major investment.

Key Points

MidAmerican Energy Wind XI is a $3.6B Iowa wind buildout adding 2,000 MW to enhance reliability, jobs, and tax revenue.

✅ 169 turbines at Beaver Creek and Prairie deliver 338 MW.

✅ Wind supplies 36.6 percent of Iowa electricity generation.

✅ Projects forecast $62.4M in property taxes over 20 years.

Power company MidAmerican Energy recently announced the beginning of operations at two huge wind farms in the US state of Iowa.

The two projects, called Beaver Creek and Prairie, total 169 turbines and have a combined capacity of 338 megawatts (MW), enough to meet the annual electricity needs of 140,000 homes in the state.

“We’re committed to providing reliable service and outstanding value to our customers, and wind energy accomplishes both,” said Mike Fehr, vice president of resource development at MidAmerican. “Wind energy is good for our customers, and it’s an abundant, renewable resource that also energizes the economy.”

The wind farms form part of MidAmerican Energy’s major Wind XI project, which will see an extra 2,000MW of wind power built, and $3.6 billion invested amid notable wind farm acquisitions shaping the market by the end of 2019. The company estimates it is the largest economic development project in Iowa’s history.

Iowa is something of a hidden powerhouse in American wind energy. The technology provides an astonishing 36.6 percent of the state’s entire electricity generation and plays a growing role in the U.S. electricity mix according to the American Wind Energy Association (AWEA). It also has the second largest amount of installed capacity in the nation at 6917MW; Texas is first with over 21,000MW.

Along with capital investment, wind power brings significant job opportunities and tax revenues for the state. An estimated 9,000 jobs are supported by the industry, something a U.S. wind jobs forecast stated could grow to over 15,000 within a couple of years.

MidAmerican Energy is also keen to stress the economic benefits of its new giant projects, claiming that they will bring in $62.4 million of property tax revenue over their 20-year lifetime.

Tom Kiernan, AWEA’s CEO, revealed last year that, as the most-used source of renewable electricity in the U.S., wind energy is providing more than five states in the American Midwest with over 20 percent of electricity generation, “a testament to American leadership and innovation”.

“For these states, and across America, wind is welcome because it means jobs, investment, and a better tomorrow for rural communities”, he added.

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Coinmint Plattsburgh Dispute spotlights cryptocurrency mining, hydropower electricity rates, a $1M security deposit, Public Service Commission rulings, municipal utility policies, and seasonal migration to Massena data centers as Bitcoin price volatility pressures operations.

Key Points

Legal and energy-cost dispute over crypto mining, a $1,019,503 deposit, and operations in Plattsburgh and Massena.

✅ PSC allows higher rates and requires large security deposits.

✅ Winter electricity spikes drove a $1M deposit calculation.

✅ Coinmint shifted capacity to Massena data centers.

A few years ago, there was a lot of buzz about the North Country becoming the next Silicon Valley of cryptocurrency, even as Maine debated a 145-mile line that could reshape regional power flows. One of the companies to flock here was Coinmint. The cryptomining company set up shop in Plattsburgh in 2017 and declared its intentions to be a good citizen.

Today, Coinmint is fighting a legal battle to avoid paying the city’s electric utility more than $1 million owed for a security deposit. In addition to that dispute, a local property manager says the firm was evicted from one of its Plattsburgh locations.

Companies like Coinmint chose to come to the North Country because of the relatively low electricity prices here, thanks in large part to the hydropower dam on the St. Lawrence River in Massena, and regionally, projects such as the disputed electricity corridor have drawn attention to transmission costs and access. Coinmint operates its North Country Data Center facilities in Plattsburgh and Massena. In both locations, racks of computer servers perform complex calculations to generate cryptocurrency, such as bitcoin.

When cryptomining began to take off in Plattsburgh, the cost of one bitcoin was skyrocketing. That brought hype around the possibility of big business and job creation in the North Country. But cryptomininers like Coinmint were using massive amounts of energy in the winter of 2017-2018, and that season, electric bills of everyday Plattsburgh residents spiked.

Many cryptomining firms operate in a state of flux, beholden to the price of Bitcoin and other cryptocurrencies, even as the end to the 'war on coal' declaration did little to change utilities' choices. When the price of one bitcoin hit $20,000 in 2017, it fell by 30% just days later. That’s one reason why the price of electricity is so critical for companies like Coinmint to turn a profit. 

Plattsburgh puts the brakes on “cryptocurrency mining”
In early 2018, Plattsburgh passed a moratorium on cryptocurrency mining operations, after residents complained of higher-than-usual electric bills.

“Your electric bill’s $100, then it’s at $130. Why? It’s because these guys that are mining the bitcoins are riding into town, taking advantage of a situation,” said resident Andrew Golt during a 2018 public hearing.

Coinmint aimed to assuage the worries of residents and other businesses. “At the end of the day we want to be a good citizen in whatever communities we’re in,” Coinmint spokesman Kyle Carlton told NCPR at that 2018 meeting.

“We’re open to working with those communities to figure out whatever solutions are going to work.”

The ban was lifted in Feb. 2019. However, since it didn’t apply to companies that were already mining cryptocurrency in Plattsburgh, Coinmint has operated in the city all along.

Coinmint challenges attempt to protect ratepayers
New rules passed by the New York Public Service Commission in March 2018 allow municipal power authorities including Plattsburgh’s to charge big energy users such as Coinmint higher electricity rates, amid customer backlash in other utility deals. The new rules also require them to put down a security deposit to ensure their bills get paid.

But Coinmint disputes that deposit charge. The company has been embroiled in a legal fight for nearly a year against Plattsburgh Municipal Lighting Department (PMLD) in an attempt to avoid paying the electric utility’s security deposit bill of $1,019,503. That bill is based on an estimate of what would cover two months of electricity use if a company were to leave town without paying its electric bills.

Coinmint would not discuss the dispute on the record with NCPR. Legal documents show the firm argues the deposit charge is inflated, based on a flawed calculation resulting in a charge hundreds of thousands of dollars higher than what it should be.

“Essentially they’re arguing that they should only have to put up some average of their monthly bills without accounting for the fact that winter bills are significantly higher than the average,” said Ken Podolny, an attorney representing the Plattsburgh utility.

The company took legal action in February 2019 against PMLD in the hopes New York’s energy regulator, the Public Service Commission, would agree with Coinmint that the deposit charge was too high. An informal commission hearing officer disagreed, and ruled in October the charge was calculated correctly.

Coinmint appealed the ruling in November and a hearing on the appeal could come as soon as February.

Less than a week after Coinmint lost its initial challenge of the deposit charge, the company made a splashy announcement trumpeting its plans to “migrate its Plattsburgh, New York infrastructure to its Massena, New York location for the 2019-2020 winter season.”

The announcement made no mention of the appeal or the recent ruling against Coinmint. The company attributed its new plan to “exceptionally-high” electricity rates in Plattsburgh, as hydropower transmission projects elsewhere in New England faced their own controversies. 

"We recognize some in the Plattsburgh community have blamed our operation for pushing rates higher for everyone so, while we disagree with that assessment, we hope this seasonal migration will have a positive impact on rates for all our neighbors,” said Coinmint cofounder Prieur Leary in the press statement.

“In the event that doesn't happen, we trust the community will look for the real answers for these high costs." Prieur Leary has since been removed from the corporate team page on the company’s website.

The company still operates in Plattsburgh at one of its locations in the city. As for staff, while at least two Coinmint employees have moved from Plattsburgh to Massena, where the company operates a data center inside a former Alcoa aluminum plant, it is unclear how many people in total have made the move.

Coinmint left its second Plattsburgh location in 2019. The company would not discuss that move on the record, yet the circumstances of the departure are murky.

The local property manager of the industrial park site told NCPR, “I have no comment on our evicted tenant Coinmint.” The property owner, California’s Karex Property Management Services, also would not comment regarding the situation, noting that “all staff have been told to not discuss anything regarding our past tenant Coinmint.”

Today, Bitcoin and other cryptocurrencies are worth a fraction of what they were back in 2017 when Coinmint came to the North Country, and now, amid a debate over Bitcoin's electricity use shaping market sentiment, the future of the entire industry here remains uncertain.

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Texas Deep Freeze Energy Crisis strains grids as polar vortex triggers rolling blackouts, record natural gas and electricity prices, refinery shutdowns, WTI gains, and scarcity pricing across Texas, Oklahoma, SPP, and Mexico.

Key Points

A polar vortex slamming Texas energy: outages, record power prices, gas spikes, and reduced oil output.

✅ Record gas trades near $500/mmBtu; power hits $6,000/MWh

✅ WTI tops $60 as Texas shuts in ~1 million bpd

✅ Rolling blackouts across SPP; ERCOT scarcity pricing

A deep freeze is roiling electricity markets in more than a dozen U.S. states, leading to record-setting prices for electricity and natural gas, knocking oil production off line and shutting down some of North America’s largest refineries.

“It’s freakishly cold,” said Eric Fell, a senior natural gas analyst with Wood Mackenzie in Houston, where record cold temperatures and snow have blanketed the city, caused rolling power outages, shut down refineries and sent both natural gas and electricity prices soaring.

'It’s freakishly cold': Deep freeze slams North American energy sector

The polar vortex has led to freezing temperatures in every county in Texas, the largest energy-producing state in the U.S., and caused massive disruptions across the North American energy complex, triggering Texas power outages as far south as Mexico.

As the plunge in temperatures forced oil companies to shut in an estimated one million barrels of oil production in Texas on Monday, the West Texas Intermediate benchmark price rose above the US$60 per barrel threshold for the first time in a year to settle up 1 per cent, or US65 cents, at US$60.12 per barrel.

President Joe Biden declared an emergency on Monday, unlocking federal assistance to Texas.

People carry groceries from a local gas station on Monday in Austin, Texas. Winter storm Uri has brought historic cold weather to Texas, causing traffic delays and power outages. 

Frozen wind farms are just a small piece of Texas’s power grid woes right now.

Fell said regional natural gas and electricity prices in Oklahoma and Texas broke U.S. records over the weekend.

On Friday, Oklahoma gas transmission prices averaged US$350 per million British thermal units and Fell said one trade went as high as US$600 per mmBtu. In parts of the Texas panhandle and elsewhere, prices jumped to US$200, “all of which individually would have been new records,” Fell said, noting the previous record was US$160.

On Monday, natural gas for physical delivery in the U.S. was trading for as much as US$500 per mmBtu as demand for the heating and power plant fuel soared.  Spot gas has been trading for hundreds of dollars across the central U.S. since Thursday with a surge in heating demand triggering widespread blackouts and sending electricity prices soaring. The fuel normally trades in the region for less than US$3 per mmBtu.

Similarly, electricity prices in Texas surged to US$6,000 per megawatt hour on Monday, as U.S. power companies grapple with supply-chain constraints, which Fell said is “100 times the normal price.”

“You’re seeing scarcity pricing in power and gas. The only thing that’s different this time is it’s staying there – it’s not just an hour or two hours, it’s the whole day,” he said.

The blast of Arctic cold, which has blanketed Canada and much of the U.S., has created a massive draw on natural gas supplies, used both for home heating and industrial uses like electricity generation.

Little Rock, Ark.-based Southwest Power Pool, which coordinates electricity distribution for parts of 14 states including Oklahoma Kansas, Nebraska and even as far north as North Dakota, announced rolling blackouts across its network on Monday as a result of the power outages.

“In our history as a grid operator, this is an unprecedented event and marks the first time SPP has ever had to call for controlled interruptions of service” SPP’s executive vice-president and chief operating officer Lanny Nickell said in a release, adding the move was “a last resort” to “prevent circumstances from getting worse.”

The frigid conditions have led to a surge in natural gas prices across the continent, including in Alberta where the AECO benchmark price jumped to a seven-year high of $6.36 per thousand cubic feet last week, a price not seen since 2014.

Energy systems in Texas and Oklahoma, which are major energy exporters to other U.S. states, are built to withstand severe heat – not extreme cold. The result is a disruption to the gas supply at exactly the time the U.S. energy system is demanding those molecules.

“Given how far south it’s gone into Texas, this is where you have a lot of gas production that isn’t properly winterized,” said Jeremy McCrea, an analyst with Raymond James covering the natural gas industry.

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