Britons could save on soaring bills as ministers plan to end link between gas and electricity prices

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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EDF Nuclear Power Price Deal sets a 70 euros/MWh reference price, adds consumer protection if wholesale electricity prices exceed 110 euros/MWh, and outlines taxation mechanisms to shield bills while funding nuclear investment.

Key Points

A government-EDF deal setting 70 euros/MWh with safeguards above 110 euros/MWh to protect consumers.

✅ Reference price fixed at 70 euros/MWh, near EDF costs.

✅ Consumer shield above 110 euros/MWh; up to 90% extra-revenue tax.

✅ Review clauses maintain 70 euros/MWh through market swings.

State-controlled power group EDF and the French government have reached a tentative deal on future nuclear power prices, echoing a new electricity pricing scheme France has floated, a source close to the government said on Monday, ending months of tense negotiations.

The two sides agreed on 70 euros per megawatt hour (MWH) as a reference level for power prices, aligning with EU plans for more fixed-price contracts for consumers, the source said, cautioning that details of the deal are still being finalised.

The negotiations aimed to find a compromise between EDF, which is eager to maximise revenues to fund investments, and the government, keen to keep electricity bills for French households and businesses as low as possible, amid ongoing EU electricity reform debates across the bloc.

EDF declined to comment.

The preliminary deal sets out mechanisms that would protect consumers if power market prices rise above 110 euros/MWH, similar to potential emergency electricity measures being weighed in Europe, the source said, adding that the deal also includes clauses that would provide a price guarantee for EDF.

The 70 euros/MWH agreed reference price level is close to EDF's nuclear production costs, as Europe moves to revamp its electricity market more broadly. The nuclear power produced by the company provides 70% of France's electricity.

The agreement would allow the government to tax EDF's extra revenues at 90% if prices surpass 110 euros/MWH, in order to offset the impact on consumers. It would also enable a review of conditions in case of market fluctuations to safeguard the 70 euro level for EDF, reflecting how rolling back electricity prices is tougher than it appears, the source said.

French wholesale electricity prices are still above 100 euros/MWH, after climbing to 1,200 euros during last year's energy crisis, even as diesel prices have returned to pre-conflict levels.

A final agreement should be officially announced on Tuesday after a meeting between Finance Minister Bruno Le Maire, Energy Transition Minister Agnes Pannier-Runacher and EDF chief Luc Remont.

That meeting will work out the final details on price thresholds and tax rates between the reference level and the upper limit, the source said.

Negotiations between the two sides were so fraught that at one stage they raised questions about the future of EDF chief Luc Remont, who was appointed by President Emmanuel Macron a year ago to turn around EDF.

The group ended 2022 with a 18 billion-euro loss and almost 65 billion euros of net debt, hurt by a record number of reactor outages that coincided with soaring energy prices in the wake of Russia's invasion of Ukraine.

With its output at a 30-year low, EDF was forced to buy electricity on the market to supply customers. The government, meanwhile, imposed a cap on electricity prices, leaving EDF selling power at a discount.

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Jersey Electricity Standby Charge proposes a grid-backup fee for commercial self-generators of renewable energy, with a review delaying implementation; potential tariff impacts include 10-15 percent price rises, cost recovery, and network reliability.

Key Points

A grid-backup fee for Jersey self-generating businesses to share network costs fairly and curb electricity price rises.

✅ Applies to commercial self-generation using renewables or not

✅ Excludes full exporters and pre-charge installations

✅ Aims to recover grid costs and avoid 10-15% price rises

Electricity prices could rise by ten to 15 per cent if a standby charge for some commercial customers is not implemented, the chief executive of Jersey Electricity has warned.

Jersey Electricity has proposed extending a monthly fee to commercial customers who generate their own power through renewable means but still wish to be connected to Jersey’s grid as a back-up, echoing Ontario energy storage efforts to shore up reliability.

The States recently unanimously backed a proposal lodged by Deputy Carolyn Labey to delay administering the levy until a review could be carried out, as seen in the UK grid's net-zero transformation debates influencing policy. The charge, was due to be implemented next month but will now not be introduced until May, or later if the review has not concluded.

But Chris Ambler, JE chief executive, warned that failing to implement the standby charge could lead to additional costs for customers.

Some of JE’s commercial customers have already been charged a standby fee after generating their own power through non-renewable means.

The charge does not apply to businesses which export all of their electricity back into the system as part of a buy-back scheme or those which install self-generation facilities before the charge is implemented.

Deputy Labey argued that the Island had done ‘absolutely nothing’ to support the use of renewable energies and instead were discouraging locally generated power by allowing JE to set a standby charge.

She added that she was pleased that the Council of Ministers had already starting reviewing the charges but the debate needed to go ahead to ensure the work continued after the May election.

During a States debate last month, she said: ‘It is increasingly concerning that we, as an island in the 21st century, are happy for our electricity to be provided to us by an unregulated, publicly listed for-profit company with a monopoly on energy.

‘I also think that introducing a charge on renewables at a time when the world is experiencing a revolution in renewable energies, including offshore vessel charging solutions, which are becoming increasingly economic, is something that needs to be investigated.

‘Jersey should be looking to diversify our electricity production and supply, to help protect us from price and currency fluctuations and to ensure that we, as an island, receive the best deal possible for Islanders.’

Mr Ambler said that any price increase would be dependent on the future take-up and use of renewable-energy technology in Jersey.

He said: ‘The cost impact would not be significant in the short term but in the long term it could be significant. I think that we are obliged to let our customers know that.

‘It is very difficult to assess but if we are not able to levy a fair charge, then, as electricity shortages in Canada have shown, we could see prices rise by ten to 15 per cent over time.’

Mr Ambler added that his company was in favour of the use of renewable energy, with a third of the company’s electricity being generated by hydroelectric sources, but that the costs of implementing it needed to be fairly distributed, given how big battery rule changes can affect project viability elsewhere in the market.

And he said that, while it was difficult to quantify how much could be lost if the standby charge was not implemented, it could cost the company over £10 million.

‘In 2014, we only increased our prices by one per cent,’ he said. ‘We are reviewing our prices at the moment but if we did put an increase in place it would be modest and it would not be linked to the standby charge.’

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Costa Rica Renewable Energy Record highlights 99.99% clean power in May 2019, driven by hydropower, wind, solar, geothermal, and biomass, enabling ICE REM electricity exports and reduced rates from optimized generation totaling 984.19 GWh.

Key Points

May 2019 benchmark: Costa Rica generated 99.99% of 984.19 GWh from renewables, shifting from imports to regional exports.

✅ 99.99% renewable share across hydro, wind, solar, geothermal, biomass

✅ 984.19 GWh generated; ICE suspended imports and exported via REM

✅ Geothermal output increased to offset dry-season hydropower variability

During the whole month of May 2019, Costa Rica generated a total of 984.19 gigawatt hours of electricity, the highest in the country’s history. What makes this feat even more impressive is the fact that 99.99% of this energy came from a portfolio of renewable sources such as hydropower, wind, biomass, solar, and geothermal.

With such a high generation rate, the state power company Instituto Costariccense de Electricidad (ICE) were able to suspend energy imports from the first week of May and shifted to exports, while U.S. renewable electricity surpassed coal in 2022 domestically. To date, the power company continues to sell electricity to the Regional Electricity Market (REM) which generates revenues and is likely to reduce local electricity rates, a trend echoed in places like Idaho where a vast majority of electricity comes from renewables.

The record-breaking power generation was made possible by optimization of the country’s renewable sources, much as U.S. wind capacity surpassed hydro capacity at the end of 2016 to reshape portfolios. As the period coincided with the tail end of the dry season, the geothermal quota had to be increased.

Costa Rica remains a leader in renewable power generation, whereas U.S. wind generation has become the most-used renewable source in recent years. In 2015, more than 98% of the country’s electrical generation came from renewable sources, while U.S. renewables hit a record 28% in April in one recent benchmark. Through the years, this figure has remained fairly constant despite dry bouts caused by the El Niño phenomenon, and U.S. solar generation also continued to rise.

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Energy Justice Program drives a renewables-based transition, challenging utility monopolies with legal action, promoting rooftop solar, distributed energy, public power, and climate justice to decarbonize the grid and protect communities and wildlife nationwide.

Key Points

A climate justice initiative advancing renewables, legal action, and public power to challenge utility monopolies.

✅ Challenges utility barriers to rooftop solar and distributed energy

✅ Advances state and federal policies for equitable, public power

✅ Uses litigation to curb fossil fuel dependence and protect communities

The Center for Biological Diversity on Monday rolled out a new program to push back against the nation's community- and wildlife-harming energy system that the climate advocacy group says is based on fossil fuels and a "centralized monopoly on power."

The goal of the new effort, the Energy Justice Program, is to help forge a path towards a just and renewables-based energy future informed by equitable regulation principles.

"Our broken energy system threatens our climate and our future," said Jean Su, the Energy Justice Program's new director, in a statement. "Utilities were given monopolies to ensure public access to electricity, but these dinosaur corporations are now hurting the public interest by blocking the clean energy transition, including via coal and nuclear subsidy schemes that profit off the fossil fuel era."

"In this era of climate catastrophe," she continued, "we have to stop these outdated monopolies and usher in a new electricity future that works for people and the planet."

To meet those goals, the new program will pursue a number of avenues, including using legal action to fight utilities' obstruction of clean energy efforts, helping communities advance local solar programs through energy freedom strategies in the South, and crafting energy policies on the state, federal, and international levels in step with commitments from major energy buyers to achieve a 90% carbon-free goal by 2030.

Some of that work is already underway. In June the Center filed a brief with a federal court in a bid to block Arizona power utility Salt River Project from slapping a 60-percent electricity rate hike on rooftop solar customers—amid federal efforts to reshape electricity pricing that critics say are being rushed—a move the group described (pdf) as an obstacle to achieving "the energy transition demanded by climate science."

The Center is among the groups in Energy Justice NC. The diverse coalition seeks to end the energy stranglehold in North Carolina held by Duke Energy, which continues to invest in fossil fuel projects even as it touts clean energy and grid investments in the region.

The time for a new energy system, says the Energy Justice Program, is now, as climate change impacts increasingly strain the grid.

"Amid this climate and extinction emergency," said Su, "the U.S. can't afford to stick with the same centralized, profit-driven electricity system that drove us here in the first place. We have to seize this once-in-a-generation opportunity to design a new system of accountable, equitable, truly public power."

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Home Energy Independence reduces electricity costs and outage risks with solar panels, EV charging, battery storage, net metering, and smart inverters, helping homeowners offset tiered rates and improve grid resilience and reliability.

Key Points

Home Energy Independence pairs solar, batteries, and smart EV charging to lower bills and keep power on during outages.

✅ Offset rising electricity rates via solar and net metering

✅ Add battery storage for backup power and peak shaving

✅ Optimize EV charging to avoid tiered rate penalties

The Department of Energy recently warned that two-thirds of the U.S. is at risk of losing power this summer. It’s an increasingly common refrain: Homeowners want to be less reliant on the aging power grid and don’t want to be at the mercy of electric utilities due to rising energy costs and dwindling faith in the power grid’s reliability.

And it makes sense. While the inflated price of eggs and butter made headlines earlier this year, electricity prices quietly increased at twice the rate of overall inflation in 2022, even as studies indicate renewables aren’t making power more expensive overall, and homeowners have taken notice. In fact, according to Aurora Solar’s Industry Snapshot, 62% expect energy prices will continue to rise.

Homeowners aren’t just frustrated that electricity is pricey when they need it, they’re also worried it won’t be available at all when they feel the most vulnerable. Nearly half (48%) of homeowners are concerned about power outages stemming from weather events, or grid imbalances from excess solar in some regions, followed closely by outages due to cyberattacks on the power grid.

These concerns around reliability and cost are creating a deep lack of confidence in the power grid. Yet, despite these growing concerns, homeowners are increasingly using electricity to displace other fuel sources.

The electrification of everything
From electric heat pumps to electric stoves and clothes dryers, homeowners are accelerating the electrification of their homes. Perhaps the most exciting example is electric vehicle (EV) adoption and the need for home charging. With major vehicle makers committing to ambitious electric vehicle targets and even going all-electric in the future, EVs are primed to make an even bigger splash in the years to come.

The by-product of this electrification movement is, of course, higher electric bills because of increased consumption. Homeowners also risk paying more for every unit of energy they use if they’re part of a tiered pricing utility structure, where energy-insecure households often pay 27% more on electricity because customers are charged different rates based on the total amount of energy they use. Many new electric vehicle owners don’t realize this until they are deep into purchasing their new vehicle, or even when they open that first electric bill after the car is in their driveway.

Sure, this electrification movement can feel counterintuitive given the power grid concerns. But it’s actually the first step toward energy independence, and emerging models like peer-to-peer energy sharing could amplify that over time.

Balancing conflicting movements
The fact is that electrification is moving forward quickly, even among homeowners who are concerned about electricity prices and power grid reliability, and about why the grid isn’t yet 100% renewable in the U.S. This has the potential to lead to even more discontent with electric utilities and growing anxiety over access to electricity in extreme situations. There is a third trend, though, that can help reconcile these two conflicting movements: the growth of solar.

The popularity of solar is likely higher than you think: Nearly 77% of homeowners either have solar panels on their homes or are interested in purchasing solar. The Aurora Solar Industry Snapshot report also showed a nearly 40% year-over-year increase in residential solar projects across the U.S. in 2022, as the country moves toward 30% power from wind and solar overall, aligning with the Solar Energy Industries Association’s (SEIA) Solar Market Insight Report, which found, “Residential solar had a record year [in 2022] with nearly 6 GWdc of installations, representing 40% growth over 2021.”

It makes sense that finding ways to tamp down—even eliminate—growing bills caused by the electrification of homes is accelerating interest in solar, as more households weigh whether residential solar is worth it for their budgets, and residential solar installers are seeing this firsthand. The link between EVs and solar is a great proof point: Almost 80% of solar professionals said EV adoption often drives new interest in solar. 

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