TransAlta, Alstom to develop carbon capture and storage

UK Nuclear Energy Ten Point Plan outlines support for large reactors, SMRs, and AMRs, funding Sizewell C, hydrogen production, and industrial heat to reach net zero, decarbonize transport and heating, and expand clean electricity capacity.

Key Points

A UK plan backing large, small, and advanced reactors to drive net zero via clean power, hydrogen, and industrial heat.

✅ Funds large plants (e.g., Sizewell C) under value-for-money models

✅ Invests in SMRs for factory-built, modular, lower-cost deployment

✅ Backs AMRs for high-temperature heat, hydrogen, and industry

The UK government has just announced its “Ten Point Plan for a Green Industrial Revolution”, in which it lays out a vision for the future of energy, transport and nature in the UK. As researchers into nuclear energy, my colleagues and I were pleased to see the plan is rather favourable to new nuclear power.

It follows the advice from the UK’s Nuclear Innovation and Research Advisory Board, pledging to pursue large power plants based on current technology, and following that up with financial support for two further waves of reactor technology (“small” and “advanced” modular reactors).

This support is an important part of the plan to reach net-zero emissions by 2050, as in the years to come nuclear power will be crucial to decarbonising not just the electricity supply but the whole of society.

This chart helps illustrate the extent of the challenge faced:

Electricity generation is only responsible for a small percentage of UK emissions. William Bodel. Data: UK Climate Change Committee

Efforts to reduce emissions have so far only partially decarbonised the electricity generation sector. Reaching net zero will require immense effort to also decarbonise heating, transport, as well as shipping and aviation. The plan proposes investment in hydrogen production and electric vehicles to address these three areas – which will require, as advocates of nuclear beyond electricity argue, a lot more energy generation.

Nuclear is well-placed to provide a proportion of this energy. Reaching net zero will be a huge challenge, and industry leaders warn it may be unachievable without nuclear energy. So here’s what the announcement means for the three “waves” of nuclear power.

Who will pay for it?
But first a word on financing. To understand the strategy, it is important to realise that the reason there has been so little new activity in the UK’s nuclear sector since the 1990s is due to difficulty in financing. Nuclear plants are cheap to fuel and operate and last for a long time. In theory, this offsets the enormous upfront capital cost, and results in competitively priced electricity overall.

But ever since the electricity sector was privatised, governments have been averse to spending public money on power plants. This, combined with resulting higher borrowing costs and cheaper alternatives (gas power), has meant that in practice nuclear has been sidelined for two decades. While climate change offers an opportunity for a revival, these financial concerns remain.

Large nuclear
Hinkley Point C is a large nuclear station currently under construction in Somerset, England. The project is well-advanced, with its first reactor installed and due to come online in the middle of this decade. While the plant will provide around 7% of current UK electricity demand, its agreed electricity price is relatively expensive.

Under construction: Hinkley Point C. Ben Birchall/PA

The government’s new plan states: “We are pursuing large-scale new nuclear projects, subject to value-for-money.” This is likely a reference to the proposed Sizewell C in Suffolk, on which a final decision is expected soon. Sizewell C would be a copy of the Hinkley plant – building follow-up identical reactors achieves capital cost reductions, and setbacks at Hinkley Point C have sharpened delivery focus as an alternative funding model will likely be implemented to reduce financing costs.

Other potential nuclear sites such as Wylfa and Moorside (shelved in 2018 and 2019 respectively for financial reasons) are also not mentioned, their futures presumably also covered by the “subject to value-for-money” clause.

Small nuclear
The next generation of nuclear technology, with various designs under development worldwide are smaller, cheaper, safer Small Modular Reactors (SMRs), such as the Rolls Royce “UK SMR”.

Reactors small enough to be manufactured in factories and delivered as modules can be assembled on site in much shorter times than larger designs, which in contrast are constructed mostly on site. In so doing, the capital costs per unit (and therefore borrowing costs) could be significantly lower than current new-builds.

The plan states “up to £215 million” will be made available for SMRs, Phase 2 of which will begin next year, with anticipated delivery of units around a decade from now.

Advanced nuclear
The third proposed wave of nuclear will be the Advanced Modular Reactors (AMRs). These are truly innovative technologies, with a wide range of benefits over present designs and, like the small reactors, they are modular to keep prices down.

Crucially, advanced reactors operate at much higher temperatures – some promise in excess of 750°C compared to around 300°C in current reactors. This is important as that heat can be used in industrial processes which require high temperatures, such as ceramics, which they currently get through electrical heating or by directly burning fossil fuels. If those ceramics factories could instead use heat from AMRs placed nearby, it would reduce CO₂ emissions from industry (see chart above).

High temperatures can also be used to generate hydrogen, which the government’s plan recognises has the potential to replace natural gas in heating and eventually also in pioneering zero-emission vehicles, ships and aircraft. Most hydrogen is produced from natural gas, with the downside of generating CO₂ in the process. A carbon-free alternative involves splitting water using electricity (electrolysis), though this is rather inefficient. More efficient methods which require high temperatures are yet to achieve commercialisation, however if realised, this would make high temperature nuclear particularly useful.

The government is committing “up to £170 million” for AMR research, and specifies a target for a demonstrator plant by the early 2030s. The most promising candidate is likely a High Temperature Gas-cooled Reactor which is possible, if ambitious, over this timescale. The Chinese currently lead the way with this technology, and their version of this reactor concept is expected soon.

In summary, the plan is welcome news for the nuclear sector, even as Europe loses nuclear capacity across the continent. While it lacks some specifics, these may be detailed in the government’s upcoming Energy White Paper. The advice to government has been acknowledged, and the sums of money mentioned throughout are significant enough to really get started on the necessary research and development.

Achieving net zero is a vast undertaking, and recognising that nuclear can make a substantial contribution if properly supported is an important step towards hitting that target.

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San Juan Generating Station eyed for $1 coal-plant sale, as Farmington and Acme propose CCS retrofit, meeting emissions caps and renewable mandates by selling captured CO2 for enhanced oil recovery via a nearby pipeline.

Key Points

A New Mexico coal plant eyed for $1 and a CCS retrofit to cut emissions and sell CO2 for enhanced oil recovery.

✅ $400M-$800M CCS retrofit; 90% CO2 capture target

✅ CO2 sales for enhanced oil recovery; 20-mile pipeline gap

✅ PNM projects shutdown savings; renewable and emissions mandates

One dollar. That’s how much an aging New Mexico coal plant is worth. And by some estimates, even that may be too much.

Acme Equities LLC, a New York-based holding company, is in talks to buy the 847-megawatt San Juan Generating Station for $1, after four of its five owners decided to shut it down. The fifth owner, the nearby city of Farmington, says it’s pursuing the bargain-basement deal with Acme to avoid losing about 1,600 direct and indirect jobs in the area amid a broader just transition debate for energy workers.

We respectfully disagree with the notion that the plant is not economical

Acme’s interest comes as others are looking to exit a coal industry that’s been plagued by costly anti-pollution regulations. Acme’s plan: Buy the plant "at a very low cost," invest in carbon capture technology that will lower emissions, and then sell the captured CO2 to oil companies, said Larry Heller, a principal at the holding group.

By doing this, Acme “believes we can generate an acceptable rate of return,” Heller said in an email.

Meanwhile, San Juan’s majority owner, PNM Resources Inc., offers a distinctly different view, echoing declining coal returns reported by other utilities. A 2022 shutdown will push ratepayers to other energy alternatives now being planned, saving them about $3 to $4 a month on average, PNM has said.

“We could not identify a solution that would make running San Juan Generating Station economical,” said Tom Fallgren, a PNM vice president, in an email.

The potential sale comes as a new clean-energy bill, supported by Governor Lujan Grisham, is working its way through the state legislature. It would require the state to get half of its power from renewable sources by 2030, and 100 percent by 2045, even as other jurisdictions explore small modular reactor strategies to meet future demand. At the same time, the legislation imposes an emissions cap that’s about 60 percent lower than San Juan’s current levels.

In response, Acme is planning to spend $400 million to $800 million to retrofit the facility with carbon capture and sequestration technology that would collect carbon dioxide before it’s released into the atmosphere, Heller said. That would put the facility into compliance with the pending legislation and, at the same time, help generate revenue for the plant.

The company estimates the system would cut emissions by as much as 90 percent, and the captured gas could be sold to oil companies, which uses it to enhance well recovery. The bottom line, according to Heller: “A winning financial formula.”

It’s a tricky formula at best. Carbon-capture technology has been controversial, even as new coal plant openings remain rare, expensive to install and unproven at scale. Additionally, to make it work at the San Juan plant, the company would need to figure out how to deliver the CO2 to customers since the nearest pipeline is about 20 miles (32 kilometers) away.

Reducing costs

Acme is also evaluating ways to reduce costs at San Juan, Heller said, including approaches seen at operators extending the life of coal plants under regulatory scrutiny, such as negotiating a cheaper coal-supply contract and qualifying for subsidies.

Farmington’s stake in the plant is less than 10 percent. But under terms of the partnership, the city — population 45,000 — can assume full control of San Juan should the other partners decide to pull out, mirroring policy debates over saving struggling nuclear plants in other regions. That’s given Farmington the legal authority to pursue the plant’s sale to Acme.

At the end of the day, nobody wants the energy

“We respectfully disagree with the notion that the plant is not economical,” Farmington Mayor Nate Duckett said by email. Ducket said he’s in better position than the other owners to assess San Juan’s importance “because we sit at Ground Zero.”

The city’s economy would benefit from keeping open both the plant and a nearby coal mine that feeds it, according to Duckett, with operations that contribute about $170 million annually to the local area.

While the loss of those jobs would be painful to some, Camilla Feibelman, a Sierra Club chapter director, is hard pressed to see a business case for keeping San Juan open, pointing to sector closures such as the Three Mile Island shutdown as evidence of shifting economics. The plant isn’t economical now, and would almost certainly be less so after investing the capital to add carbon-capture systems.

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Cyprus Electricity Interconnectors link the island to the EU grid via EuroAsia and EuroAfrica projects, enabling renewable energy trade, subsea transmission, market liberalization, and stronger energy security and diplomacy across the region.

Key Points

Subsea links connecting Cyprus to Greece, Israel and Egypt for EU grid integration, renewable trade and energy security.

✅ Connects EU, Israel, Egypt via EuroAsia and EuroAfrica

✅ Enables renewables integration and market liberalization

✅ Strengthens energy security, investment, and diplomacy

Electricity interconnectors bridging Cyprus with the broader geographical region, mirroring projects like the Ireland-France grid link already underway in Europe, are crucial for its diplomacy while improving its game to become a clean energy hub.

In an interview with Phileleftheros daily, Andreas Poullikkas, chairman of the Cyprus Energy Regulatory Authority (CERA), said electricity cables such as the EuroAsia Interconnector and the EuroAfrica Interconnector, could turn the island into an energy hub, creating investment opportunities.

“Cyprus, with proper planning, can make the most of its energy potential, turning Cyprus into an electricity producer-state and hub by establishing electrical interconnections, such as the EuroAsia Interconnector and the EuroAfrica Interconnector,” said Poullikkas.

He said these electricity interconnectors, “will enable the island to become a hub for electricity transmission between the European Union, Israel and Egypt, with developments such as the Israel Electric Corporation settlement highlighting regional dynamics, while increasing our energy security”.

Poullikkas argued it will have beneficial consequences in shaping healthy conditions for liberalising the country’s electricity market and economy, facilitating the production of electricity with Renewable Energy Sources and supporting broader efforts like the UK grid transformation toward net zero.

“Electricity interconnections are an excellent opportunity for greater business flexibility in Cyprus, ushering new investment opportunities, as seen with the Lake Erie Connector investment across North America, either in electricity generation or other sectors. Especially at a time when any investment or financial opportunity is welcomed.”

He said Cyprus’ energy resources are a combination of hydrocarbon deposits and renewable energy sources, such as solar.

This combination offers the country a comparative advantage in the energy sector.

Cyprus can take advantage of the development of alternative supply routes of the EU, as more links such as new UK interconnectors come online.

Poullikkas argued that as energy networks are developing rapidly throughout the bloc, serving the ever-increasing needs for electricity, and aligning with the global energy interconnection vision highlighted in recent assessments, the need to connect Cyprus with its wider geographical area is a matter of urgency.

He argues the development of important energy infrastructure, especially electricity interconnections, is an important catalyst in the implementation of Cyprus goals, while recognising how rule changes like Australia's big battery market shift can affect storage strategies.

“It should also be a national political priority, as this will help strengthen diplomatic relations,” added Poullikkas.

Implementing the electricity interconnectors between Israel, Cyprus and Greece through Crete and Attica (EuroAsia Interconnector) has been delayed by two years.

He said the delay was brought about after Greece decided to separate the Crete-Attica section of the interconnection and treat as a national project.

Poullikkas stressed the Greek authorities are committed to ensuring the connection of Cyprus with the electricity market of the EU.

“All the required permits have been obtained from the competent authorities in Cyprus and upon the completion of the procedures with the preferred manufacturers, construction of the Cyprus-Crete electrical interconnection will begin before the end of this year. Based on current data, the entire interconnection is expected to be implemented in 2023”.

“The EuroAfrica Interconnector is in the pre-works stage, all project implementation studies have already been completed and submitted to the competent authorities, including cost and benefit studies”.

EuroAsia Interconnector is a leading EU project of common interest (PCI), also labelled as an “electricity highway” by the European Commission.

It connects the national grids of Israel, Cyprus and Greece, creating a reliable energy bridge between the continents of Asia and Europe allowing bi-directional transmission of electricity.

The cost of the entire subsea cable system, at 1,208km, the longest in the world and the deepest at 3,000m below sea level, is estimated at €2.5 bln.

Construction costs for the first phase of the Egypt-Cyprus interconnection (EuroAfrica) with a Stage 1 transmission capacity of 1,000MW is estimated at €1bln.

The Cyprus-Greece (Crete) interconnection, as well as the Egypt-Cyprus electricity interconnector, will both be commissioned by December 2023.

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EU Renewable Energy Shift is cutting gas dependence as wind and solar expand, reshaping Europe's power mix, curbing emissions, and pressuring coal use amid a supply crisis and rising natural gas prices.

Key Points

An EU trend where wind and solar growth reduce gas reliance, curb coal, and lower power-sector emissions.

✅ Wind and solar displace gas in EU power mix

✅ Coal use rises as gas prices surge

✅ Emissions fall, but not fast enough for 1.5 C target

The European Union’s renewable energy sources are helping reduce its dependence on natural gas, under the current European electricity pricing framework, that’s still costing the region dearly.

Renewables growth has helped reduce the EU’s dependence on gas, as wind and solar outpaced gas across the bloc last year, which has soared in price since the middle of last year as the region grapples with a supply crisis that’s dealt blows to industries as well as ordinary consumers’ pockets. More than half of new renewable generation since 2019 has replaced gas power, according to a study by London-based climate think tank Ember, with the rest replacing mainly nuclear and coal sources.

“These are moments and paradigm shifts when governments and businesses start taking this much more seriously,” said Charles Moore, the lead author on the study, amid Covid-19 responses accelerating the transition across Europe. “The alternatives are available, they are cheaper, and they are likely to get even cheaper and more competitive. Renewables are now an opportunity, not a cost.”

The high price of gas relative to coal has meant utilities are leaning more on coal as a back-up for renewable generation, as stunted hydro and nuclear output has constrained low-carbon alternatives in parts of Europe, which risks the trajectory of Europe’s phase-out of the dirtiest fossil fuel. Last year, the EU’s coal use jumped disproportionately high relative to the rise in power generation as high gas prices boosted the relative profitability of burning coal instead.

Europe Coal Use Jumps as Costly Gas Turns Firms to Dirty Fuel
EU power generation from renewables reached a record high in 2021 of 547 terawatt-hours last year, accounting for an 11% increase compared to two years before, according to Ember’s Europe Electricity Review. It’s more than doubled in a decade, representing a 157% increase since 2011. 

Gas use declined last year for the second year in a row, as Europe explores storing electricity in gas pipelines to leverage existing infrastructure, reaching a level 8.1% lower than 2019. By contrast, coal use fell just 3.3% in the same period. Put simply, wind and solar did a great job of replacing coal during 2011-2019 but since then renewables have mostly been nudging out gas-fired power stations.

Ember’s Moore warned that the slowing phase-out of coal might require legislation to accelerate. The International Energy Agency recommends OECD countries cease using coal by the end of the decade to ensure alignment with the Paris Agreement target of keeping the world’s temperature increase below 1.5 Celsius, with renewables poised to eclipse coal globally by the mid-2020s lending momentum. 

“Europe can accelerate the phasing out of coal by building more renewable energy and faster,” said Felicia Aminoff,  an energy-transition analyst at BloombergNEF. “Wind and solar have no fuel costs, so as soon as you have made the initial investments to build wind and solar capacity it will start replacing generation that uses any kind of fuel, whether it is coal or gas.”

Overall, EU power sector emissions fell at less than half the rate required to hit that target, Ember’s report said. Spain produced the largest emissions reduction in the last two years, with renewables adding about 25 TWh and gas falling 15 TWh, and in Germany renewables topped coal and nuclear for the first time to support the shift. In contrast, heavy use of coal dragged down the bloc’s climate progress in Poland, where coal use rose about 8 TWh and renewables gained only 4 TWh.

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Ontario Darlington SMR Expansion advances four GE Hitachi BWRX-300 reactors with OPG, adding 1,200 MW of baseload nuclear power to support electrification, grid reliability, and clean energy growth across Ontario and Saskatchewan.

Key Points

Plan to build four BWRX-300 SMRs at Darlington, delivering 1,200 MW of clean, reliable baseload power under OPG.

✅ Four GE Hitachi BWRX-300 units, 1,200 MW total

✅ Shared infrastructure cuts costs and timelines

✅ Supports electrification, grid reliability, net zero

The day after Ontario announced it would be building an additional 4,800 megawatts of nuclear reactors at Bruce Nuclear Generating Station, the province announced it would be dramatically expanding its planned rollout of small modular reactors at its Darlington Nuclear Generating Station, and confirmed plans to refurbish Pickering B as part of its broader strategy.

Ontario Power Generation OPG was always going to be the first to build the GE-Hitachi BWRX-300 small modular reactor SMR, with the U.S.’s Tennessee Valley Authority among others like SaskPower and several European nations following suit. But the OPG was originally going to build just one. On July 7, OPG and the Province of Ontario announced they would be bumping that up to four units of the BWRX-300.

The Ontario government is working with Ontario Power Generation (OPG) to commence planning and licensing for three additional small modular reactors (SMRs), for a total of four SMRs at the Darlington nuclear site. Once deployed, these four units would produce a total 1,200 megawatts (MW) of electricity, equivalent to powering 1.2 million homes, helping to meet increasing demand from electrification and fuel the province’s strong economic growth, the Ontario Ministry of Energy said in a release.

“Our government’s open for business approach has led to unprecedented investments across the province — from electric vehicles and battery manufacturing to critical minerals to green steel,” said Todd Smith, Minister of Energy. “Expanding Ontario’s world-leading SMR program will ensure we have the reliable, affordable and clean electricity we need to power the next major international investment, the new homes we are building and industries as they grow and electrify.”

For the first time since 2005, Ontario’s electricity demand is rising. While the government has implemented its plan to meet rising electricity demand this decade, the experts at Ontario’s Independent Electricity System Operator have recommended the province advance new nuclear generation and pursue life-extension at Pickering NGS to provide reliable, baseload power to meet increasing electricity needs in the 2030s and beyond.

Subject to Ontario Government and Canadian Nuclear Safety Commission (CNSC) regulatory approvals on construction, the additional SMRs could come online between 2034 and 2036. That is the same timeframe that SaskPower is looking at for its first, and possibly second, units.

The initial unit is expected to go online in 2028 following Ontario’s first SMR groundbreaking at Darlington.

The Darlington site, which already hosts four reactors, was originally considered for an expansion of “large nuclear,” which is why OPG was already well on its way for site approvals of additional nuclear power generation. The plan changed to one, singular, SMR. Now that has been updated to four.

The announcement has significant impact on Saskatchewan, and its plans to build four of its own SMRs. The timing would allow Ontario Power Generation to apply learnings from the construction of the first unit to deliver cost savings on subsequent units. This is also the strategy SaskPower is following – allow Ontario to build the first, then learn from that experience.

Building multiple units will also allow common infrastructure such as cooling water intake, transmission connection and control room to be utilized by all four units instead of just one, reducing costs even further, the Ministry said.

“A fleet of SMRs at the Darlington New Nuclear Site is key to meeting growing electricity demands and net zero goals,” said Ken Hartwick, OPG President and CEO. “OPG has proven its large nuclear project expertise through the on-time, on budget Darlington Refurbishment project. By taking a similar approach to building a fleet of SMRs, we will deliver cost and schedule savings, and power 1.2 million homes from this site by the mid-2030s.”

The Darlington SMR project is situated on the traditional and treaty territories of the seven Williams Treaties First Nations and is also located within the traditional territory of the Huron Wendat peoples. OPG is actively engaging and consulting with potentially impacted Indigenous communities, including exploring economic opportunities in the Darlington SMR project such as commercial participation and employment.

The Ministry noted, “Ontario’s robust nuclear supply chain is uniquely positioned to support SMR development and deployment in Ontario, Canada and globally. Building additional SMRs at Darlington would provide more opportunities for Ontario companies and broader economic benefits as suppliers of nuclear equipment, components, and services to make further investments to expand their operation to serve the growing SMR market both domestically and abroad.”

Supporting new SMR development and investing in nuclear power is part of the Ontario government’s larger plan, aligned with a Canadian interprovincial nuclear initiative that brings provinces together, to prepare for electricity demand in the 2030s and 2040s that will build on Ontario’s clean electricity advantage and ensure the province has the power to maintain it’s position as leader in job creation and a magnet for the industries of the future, the Ministry said.

In February, World Nuclear News (WNN) reported that Poland was considering up to 79 small modular reactors of the same design as OPG and SaskPower. And on June 5, it reported, “Canada’s Ontario Power Generation will provide operator services to Poland’s Orlen Synthos Green Energy under a letter of intent signed between the partners, extending their existing cooperation on the deployment of small modular reactors.”

WNN added, “The letter of intent is aimed at concluding future agreements under which OPG and its subsidiaries could provide operator services for SMR reactors to OSGE in connection with the deployment of SMRs in Poland and other European countries. The partnership would include a number of SMR-related activities including: development and deployment; operations and maintenance; operator training; commissioning; and regulatory support.”

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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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