CoalÂ’s hidden costs $345 billion: study

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.
 

Related News

• Electricity Forum News

• Energy Policy News

UK Coal-Free Electricity Record highlights rapid growth in renewables as National Grid phases out coal; wind, solar, and offshore projects surge, green tariffs expand, and energy comparison helps consumers switch to cheaper, cleaner deals.

Key Points

Britain's longest coal-free run, enabled by renewables, lower demand, and grid shifts for cheaper, greener tariffs.

✅ Record set after two months without coal-fired generation

✅ Renewables outpace fossil fuels; wind and solar dominate

✅ Green tariffs expand; prices at three-year lows

On Wednesday 10 June, Britain hit a significant landmark: the UK went for two full months without burning coal to generate power – that's the longest period since the 1880s, following earlier milestones such as a full week without coal power in the recent past.

According to the National Grid, Britain has now run its electricity network without burning coal since midnight on the 9 April. This coal-free period has beaten the country’s previous record of 18 days, six hours and 10 minutes, which was set in June 2019, even though low-carbon generation stalled in 2019 according to analyses.

With such a shift in Britain’s drive for renewables and lower electricity demand following the coronavirus lockdown, as Britain recorded its cleanest electricity during lockdown to date, now may be the perfect time to do an online energy comparison and switch to a cheaper, greener deal.

Only a decade ago, around 40 per cent of Britain’s electricity came from coal generation, but since then the country has gradually shifted towards renewable energy, with the coal share at record lows in the system today. When Britain was forced into lockdown in response to the coronavirus pandemic, electricity demand dropped sharply, and the National Grid took the four remaining coal-fired plants off the network.

Over the past 10 years, Britain has invested heavily in renewable energy. Back in 2010, only 3 per cent of the country's electricity came from wind and solar, and many people remained sceptical. However, now, the UK has the biggest offshore wind industry in the world. Plus, last year, construction of the world’s single largest wind farm was completed off the coast of Yorkshire.

At the same time, Drax – Britain’s biggest power plant – has started to switch from burning coal to burning compressed wooden pellets instead, reflecting the UK's progress as it keeps breaking its coal-free energy record again across the grid. By this time next year, the plant hopes to have phased out coal entirely.

So far this year, renewables have generated more power than all fossil fuels put together, the BBC reports, and the energy dashboard shows the current mix in real time. Renewables have been responsible for 37 per cent of electricity supplied to the network, with wind and solar surpassing nuclear for the first time, while fossil fuels have accounted for 35 per cent. During the same period, nuclear accounted for 18 per cent and imports made up the remaining 10 per cent.

What does this mean for consumers?

As the country’s electricity supply moves more towards renewables, customers have more choice than ever before. Most of the ‘Big Six’ energy companies now have tariffs that offer 100 per cent green electricity. On top of this, specialist green energy suppliers such as Bulb, Octopus and Green Energy UK make it easier than ever to find a green energy tariff.

The good news is that our energy comparison research suggests that green energy doesn’t have to cost you more than a traditional fixed-price energy contract would. In fact, some of the cheapest energy suppliers are actually green companies.

At present, energy bills are at three-year lows, which means that now is the perfect time to switch supplier. As prices remain low and renewables begin to dominate the marketplace, more switchers will be drawn to green energy deals than ever before.

However, if you’re interested in choosing a green energy supplier, make sure that you look at the company's fuel mix. This way, you’ll be able to see whether they are guaranteeing the usage of green energy, or whether they’re just offsetting your usage. All suppliers must report how their energy is generated to Ofgem, so you’ll easily be able to compare providers.

You may find that you pay more for a supplier that generates its own energy from renewables, or pay less if the supplier simply matches your usage by buying green energy. You can decide which option is right for you after comparing the prices.

Related News

• Electricity Forum News

• Power Generation News

B.C. Hydro Salary Continuance Payout spotlights executive compensation, severance, and governance at a Crown corporation after a firing, citing financial disclosure reports, Site C dam ties, and a leadership change under a new government.

Key Points

Severance-style pay for B.C. Hydro's fired CEO, via salary continuance and disclosed in public filings.

✅ $541,615 total compensation without working days

✅ Salary continuance after NDP firing; financial disclosures

✅ Later named Canada Post interim CEO amid strike

Former B.C. Hydro president and chief executive officer Jessica McDonald received a total of $541,615 in compensation during the 2017-2018 fiscal year, a figure that sits amid wider debates over executive pay at utilities such as Hydro One CEO pay at the provincial utility, without having worked a single day for the Crown corporation.

She earned this money under a compensation package after the in-coming New Democratic government of John Horgan fired her, a move comparable to Ontario's decision when the Hydro One CEO and board exit amid share declines. The previous B.C. Liberal government named her president and CEO of B.C. Hydro in 2014, and McDonald was a strong supporter of the controversial Site C dam project now going ahead following a review.

The current New Democratic government placed her on what financial disclosure documents call “salary continuance” effective July 21, 2017 — the day the government announced her departure — at a utility scrutinized in a misled regulator report that raised oversight concerns.

According to financial disclosure statements, McDonald remained on “salary continuance” until Sept. 21 of this year, and the utility has also been assessed in a deferred operating costs report released by the auditor general. During this period, she earned $272,659, a figure that includes benefits, pension and other compensation.

McDonald — who used to be the deputy minister to former premier Gordon Campbell — is now working for Canada Post, which appointed her as interim president and chief executive officer in March, while developments at Manitoba Hydro highlight broader political pressures on Crown utilities.

She started in her new role on April 2, 2018, and now finds herself in the middle of managing a postal carrier strike.

Related News

• Electricity Forum News

• T&D Business News

Texas Electricity Market Bailout proposes securitization bonds and ERCOT-backed fees after Winter Storm Uri, spreading costs via ratepayer charges on power bills to stabilize generators, co-ops, and retailers and avert bankruptcies and investor flight.

Key Points

State plan to securitize storm debts via ERCOT fees, adding bill charges to stabilize Texas power firms.

✅ Securitization bonds finance unpaid ancillary services and energy costs

✅ ERCOT fee spreads Winter Storm Uri debts across ratepayers statewide

✅ Aims to prevent bankruptcies, preserve grid reliability, reassure investors

An approximately $2.5 billion plan to bail out Texas’ distressed electricity market from the financial crisis caused by Winter Storm Uri in February has been approved by the Texas House.

The legislation would impose a fee — likely for the next decade or longer — on electricity companies, which would then get passed on to residential and business customers in their power bills, even as some utilities waived certain fees earlier in the crisis.

House lawmakers sent House Bill 4492 to the Senate on Thursday after a 129-15 vote. A similar bill is advancing in the Senate.

Some of the state’s electricity providers and generators are financially underwater in the aftermath of the February power outages, which left millions without power and killed more than 100 people. Electricity companies had to buy whatever power was available at the maximum rate allowed by Texas regulations — $9,000 per megawatt hour — during the week of the storm (the average price for power in 2020 was $22 per megawatt hour). Natural gas fuel prices also spiked more than 700% during the storm.

Several companies are nearing default on their bills to the Electric Reliability Council of Texas, which manages the Texas power grid that covers most of the state and facilitates financial transactions in it.

Rural electric cooperatives were especially hard hit; Brazos Electric Power Cooperative, which supplies electricity to 1.5 million customers, filed for bankruptcy citing a $1.8 billion debt to ERCOT.

State Rep. Chris Paddie, R-Marshall, the bill’s author, said a second bailout bill will be necessary during the current legislative session for severely distressed electric cooperatives.

“This is a financial crisis, and it’s a big one,” James Schaefer, a senior managing director at Guggenheim Partners, an investment bank, told lawmakers at a House State Affairs Committee hearing in early April. He warned that more bankruptcies would cause higher costs to customers and hurt the state’s image in the eyes of investors.

“You’ve got to free the system,” Schaefer said. “It’s horrible that a bunch of folks have to pay, but it’s a system-wide failure. If you let a bunch of folks crash, it’s not a good look for your state.”

If approved by the Senate and Gov. Greg Abbott, a newly-created Texas Electric Securitization Corp. would use the money raised from the fees for bonds to help pay the companies’ debts, including costs for ancillary services, a financial product that helps ensure power is continuously generated and improve electricity reliability across the grid.

Paddie told his colleagues Wednesday that he could not yet estimate how long the new fee would be imposed, but during committee hearings lawmakers estimated it’s likely to be at least a decade. Several other bills to spread out the costs of the winter storm and consider market reforms are also moving through the Legislature.

ERCOT’s independent market monitor recommended in March that energy sold during that period be repriced at a lower rate, which would have allowed ERCOT to claw back about $4.2 billion in payments to power generators, but the Public Utility Commission declined to do so, even as a court ruling on plant obligations in emergencies drew scrutiny among market participants.

Instead, lawmakers are pushing for bailouts that several energy experts have said is needed, both to ensure distressed companies don’t pass enormous costs on to their customers and to prevent electricity investors and companies from leaving the state if it’s viewed as too risky to continue doing business.

Becky Klein, an energy consultant in Austin and former chair of the Public Utility Commission who played a key role in de-regulating Texas’ electricity market two decades ago, said during a retail electricity panel hosted by Integrate that legislation is necessary to provide “some kind of backstop during a crazy market crisis like this to show the financial market that we’re willing to provide some relief.”

Still, some lawmakers are concerned with how they will win public support, including potential voter-approved funding measures, for bills to bail out the state’s electricity market.

“I have to go back to Laredo and say, ‘I know you didn’t have electricity for several days, but now I’m going to make you pay a little more for the next 20 years,’” state Rep. Richard Peña Raymond, D-Laredo, said during an early April discussion on the plan in the House State Affairs Committee. He said he voted for the bill because it’s in the best interest of the state.

Paddie, during the same committee hearing, acknowledged that “none of us want to increase fees or taxes.” However, he said, “We have to deal with the reality set before us.”

Related News

• Electricity Forum News

• Energy Policy News

BC-Alberta Electricity Restrictions spotlight interprovincial energy tensions, limiting power exports and affecting grid reliability, energy sharing, and climate goals, while raising questions about federal-provincial coordination, smart grids, and storage investments.

Key Points

Policies limiting Alberta's power exports to provinces like BC, prioritizing local demand and affecting grid reliability.

✅ Prioritizes Alberta load over interprovincial power exports

✅ Risks to BC peak demand support and outage resilience

✅ Pressures for federal-provincial coordination and smart-grid investment

In a move that underscores the complexities of Canada's interprovincial energy relationships, the government of British Columbia (B.C.) has formally expressed concerns over recent electricity restrictions imposed by Alberta after it suspended electricity purchase talks with B.C., amid ongoing regional coordination challenges.

Background: Alberta's Electricity Restrictions

Alberta, traditionally reliant on coal and natural gas for electricity generation, has been undergoing a transition towards more sustainable energy sources as it pursues a path to clean electricity in the province.

In response, Alberta introduced restrictions on electricity exports, aiming to prioritize local consumption and stabilize its energy market and has proposed electricity market changes to address structural issues.

B.C.'s Position: Ensuring Energy Reliability and Cooperation

British Columbia, with its diverse energy portfolio and commitment to sustainability, has historically relied on the ability to import electricity from Alberta, especially during periods of high demand or unforeseen shortfalls. The recent restrictions threaten this reliability, prompting B.C.'s government to take action amid an electricity market reshuffle now underway.

B.C. officials have articulated that access to Alberta's electricity is crucial, particularly during outages or times when local generation does not meet demand. The ability to share electricity among provinces ensures a stable and resilient energy system, benefiting consumers and supporting economic activities, including critical minerals operations, that depend on consistent power supply.

Moreover, B.C. has expressed concerns that Alberta's restrictions could set a precedent that might affect future interprovincial energy agreements. Such a precedent could complicate collaborative efforts aimed at achieving national energy goals, including sustainability targets and infrastructure development.

Broader Implications: National Energy Strategy and Climate Goals

The dispute between B.C. and Alberta over electricity exports highlights the absence of a cohesive national energy strategy, as external pressures, including electricity exports at risk, add complexity. While provinces have jurisdiction over their energy resources, the interconnected nature of Canada's power grids necessitates coordinated policies that balance local priorities with national interests.

This situation also underscores the challenges Canada faces in meeting its climate objectives. Transitioning to renewable energy sources requires not only technological innovation but also collaborative policies that ensure energy reliability and affordability across provincial boundaries, as rising electricity prices in Alberta demonstrate.

Potential Path Forward: Dialogue and Negotiation

Addressing the concerns arising from Alberta's electricity restrictions requires a nuanced approach that considers the interests of all stakeholders. Open dialogue between provincial governments is essential to identify solutions that uphold the principles of energy reliability, economic cooperation, and environmental sustainability.

One potential avenue is the establishment of a federal-provincial task force dedicated to energy coordination. Such a body could facilitate discussions on resource sharing, infrastructure investments, and policy harmonization, aiming to prevent conflicts and promote mutual benefits.

Additionally, exploring technological solutions, such as smart grids and energy storage systems, could enhance the flexibility and resilience of interprovincial energy exchanges. Investments in these technologies may reduce the dependency on traditional export mechanisms, offering more dynamic and responsive energy management strategies.

The tensions between British Columbia and Alberta over electricity restrictions serve as a microcosm of the broader challenges facing Canada's energy sector. Balancing provincial autonomy with national interests, ensuring equitable access to energy resources, and achieving climate goals require collaborative efforts and innovative solutions. As the situation develops, stakeholders across the political, economic, and environmental spectrums will need to engage constructively, fostering a Canadian energy landscape that is resilient, sustainable, and inclusive.

Related News

• Electricity Forum News

• Energy Policy News

BC Hydro COVID-19 Bill Relief offers pandemic support with bill credits, rate cuts, and deferred payments for residential, small business, and industrial customers across B.C., easing utilities costs during COVID-19 economic hardship.

Key Points

COVID-19 bill credits, a rate cut, and deferred payments for eligible B.C. homes, small businesses, and industrial customers.

✅ Non-repayable credits equal to 3 months of average bills.

✅ Small businesses closed can skip bills for three months.

✅ Large industry may defer 50% of electricity costs.

B.C. residents who have lost their jobs or had their wages cut will get a three-month break on BC Hydro bills, while small businesses, amid commercial consumption plummets during COVID-19, are also eligible to apply for similar relief.

Premier John Horgan said Wednesday the credit for residential customers will be three times a household’s average monthly bill over the past year and does not have to be repaid as part of the government’s support package during the COVID-19 pandemic, as BC Hydro demand down 10% highlights the wider market pressures.

He said small businesses that are closed will not have to pay their power bills for three months, and in Ontario an Ontario COVID-19 hydro rebate complemented similar relief, and large industrial customers, including those operating mines and pulp mills, can opt to have 50 per cent of their electricity costs deferred, though a deferred costs report warned of long-term liabilities.

BC Hydro rates will be cut for all customers by one per cent as of April 1, a move similar to Ontario 2021 rate reductions that manufacturers supported lower rates at the time, after the B.C. Utilities Commission provided interim approval of an application the utility submitted last August.

Eligible residential customers can apply for bill relief starting next week and small business applications will be accepted as of April 14, while staying alert to BC Hydro scam attempts during this period, with the deadline for both categories set at June 30.

Related News

• Electricity Forum News

• T&D Business News