Winning formula exists for sustainable mobility

By Globe and Mail


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Perhaps 30 years hence, we may reflect upon today's high oil prices as a blessing in disguise that paved the way for a reshaping of Ontario's auto sector enabled by the electric grid. The pain at the pumps for all, the anger of the auto workers at the prospect of losing their livelihoods and the relentless pressures of the global energy markets ought to focus our minds and sharpen the search for credible solutions.

We need to get beyond the overheated rhetoric and the finger-pointing to develop alternate pathways for environmentally sustainable mobility at reasonable cost.

A strategic convergence of the power and the transport sectors is a key part of the answer, achievable in the near to mid term (five to seven years). The primary limitations are a lack of clear policy focus on innovation and our collective inability to marshal resources and align strategic developments across sector interests, agencies and different levels of government. There exists an enormous potential to displace gasoline and to reduce cost to consumers by use of electricity through plug-in hybrid electric vehicles.

A conventional hybrid derives all its energy for the drive train from gasoline. The plug-in hybrid is fundamentally different. It derives most of its energy from the electricity grid and supplements any additional needs with a gasoline engine in a seamless fashion. It combines the best of both worlds – the advantages of an electric vehicle charged during “off-peak” times on the power grid and gasoline only when needed for unlimited driving range.

Given that more than half of cars are driven less than 50 kilometres a day, this flexibility offers peace of mind to the consumer and a promising path for meeting the demanding standards of reliable low-cost transportation. From a strategic perspective, electrification of the transportation sector can deliver substantial environmental benefits (low greenhouse gas emissions), lower cost to consumers and increased revenues to utilities. Reducing the dependence on oil-based transportation has the added benefit of moderating the pressures on security of long-term supply in a global marketplace driven by explosive demand from emerging economies.

The electricity infrastructure is designed to meet the highest expected “peak” demand for power. The system operates at near capacity for a few hundred hours (about 5 per cent of the time) a year. For the remainder of the time, the power system is capable of generating and delivering a substantial amount of energy needed to fuel the car batteries at “off-peak” hours.

For example, Ontario's requirements vary from day to day with a peak demand of about 26,000 MW, dropping to about half of that at night. Fuelling cars on the grid from 10 p.m. to 6 a.m. provides a lucrative opportunity to charge several million vehicles. This would also provide valuable storage capacity on the grid to help improve the overall utilization of the system and to accommodate increased penetration of intermittent renewable generation resources, such as wind power.

Southern California Edison estimates that four million vehicles could be charged without exceeding peak load. Studies show 84 per cent of cars, pickup trucks and SUVs in the United States could be supported by the existing infrastructure with a gasoline displacement potential of greater than 50 per cent of the country's oil imports. A detailed nationwide analysis of U.S. greenhouse gas emissions that takes into account emissions from the electricity sector and the plug-in hybrid vehicles, confirms significant environmental benefits – cumulative greenhouse gas reductions that range from 3.4 to 10.3 billion metric tonnes over the 2010-2050 time frame.

So what's in it for the consumer? A visit to the gas station perhaps once a month rather than once a week. (And the costs would be lower still if the “smart grid” can deliver price differentiated “off-peak” energy at a lower cost.) An electrically charged vehicle is cheaper to fuel by a factor of four over an equivalent conventional vehicle. It runs on about a dollar per gallon compared to four dollars per gallon at current prices. Higher initial costs, however, may be a barrier to consumers.

It's important, however, not to confine our thinking only to the auto sector. By increasing overall electricity consumption without a major requirement for upgrades to the existing electricity infrastructure, fixed costs could be spread over a larger base with benefits to consumers. The low carbon intensity of Canada's power sector can make it a powerful tool for de-carbonizing the economy and the transport sector in particular. Any significant use of plug-ins would help moderate the pressures on global oil demand and increase security of supply.

The low carbon intensity of Canada's power sector is a huge advantage that has not been recognized or leveraged to good effect. What we need is to develop an in-depth consideration of policy options and strategic alternatives for rapid implementation.

A century ago, Lord Selborne, the first lord of the Admiralty, dismissed the idea of fuelling the British navy with something other than coal. “The substitution of coal for oil is impossible,” he pronounced, “because oil does not exist in this world in sufficient quantities.” Winston Churchill, seven years later, saw that oil would increase speed and reduce fuelling time – strategic advantages – and committed the navy to the new fuel. Are electrons about to do the same to oil a century later?

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Hydro One reports $1.1B Q2 profit boosted by one-time gain due to court ruling

Hydro One Q2 Earnings surge on a one-time gain from a court ruling on a deferred tax asset, lifting profit, revenue, and adjusted EPS at Ontario's largest utility regulated by the Ontario Energy Board.

 

Key Points

Hydro One Q2 earnings jumped on an $867M court gain, with revenue at $1.67B and adjusted EPS improving to $0.39.

✅ One-time gain: $867M from tax appeal ruling.

✅ Revenue: $1.67B vs $1.41B last year.

✅ Adjusted EPS: $0.39 vs $0.26.

 

Hydro One Ltd., following the Peterborough Distribution sale transaction closing, reported a second-quarter profit of $1.1 billion, boosted by a one-time gain related to a court decision.

The power utility says it saw a one-time gain of $867 million in the quarter due to an Ontario court ruling on a deferred tax asset appeal that set aside an Ontario Energy Board decision earlier.

Hydro One says the profit amounted to $1.84 per share for the quarter ended June 30, amid investor concerns about uncertainties, up from $155 million or 26 cents per share a year earlier.

Shares also moved lower after the Ontario government announced leadership changes, as seen when Hydro One shares fell on the news in prior trading.

On an adjusted basis, it says it earned 39 cents per share for the quarter, despite earlier profit plunge headlines, up from an adjusted profit of 26 cents per share in the same quarter last year.

Revenue totalled $1.67 billion, up from $1.41 billion in the second quarter of 2019, while other Canadian utilities like Manitoba Hydro face heavy debt burdens.

Hydro One is Ontario’s largest electricity transmission and distribution provider, and its CEO compensation has drawn scrutiny in the province.

 

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Clorox accelerates goal of achieving 100% renewable electricity in the U.S. and Canada to 2021

Clorox Enel 70 MW VPPA accelerates renewable energy, sourcing Texas solar from the Roadrunner project to support 100% renewable electricity, Scope 2 reductions, and grid decarbonization through a virtual power purchase agreement starting in 2021.

 

Key Points

A 12-year virtual power purchase agreement for 70 MW of Texas solar to advance Clorox's 100% renewable electricity goal.

✅ 12-year contract supporting 100% renewable electricity by 2021

✅ Supplies 70 MW from Enel's Roadrunner solar project in Texas

✅ Cuts Scope 2 emissions via grid-delivered virtual PPA

 

The Clorox Company and a wholly owned subsidiary of Enel Green Power North America announced today the signing of a 12-year, 70 megawatt (MW) virtual power purchase agreement (VPPA) for the purchase of renewable energy, aligned with carbon-free electricity investments across the power sector beginning in 2021. Representing about half of Clorox's 100% renewable electricity goal in its operations in the U.S. and Canada, this agreement is expected to help Clorox accelerate achieving its goal in 2021, four years ahead of the company's original plan.

"Climate change and rising greenhouse gas emissions pose a real threat to the health of our planet and ultimately the long-term well-being of people globally. That's why we've taken action for more than 10 years to measure and reduce the carbon footprint of our operations," said Benno Dorer, chair and CEO, The Clorox Company. "Our agreement with Enel helps to expand U.S. renewable energy infrastructure, reflecting our view that companies like Clorox play an important role in addressing global climate change, as landmark policies like the U.S. climate deal further accelerate the transition. We believe this agreement will significantly contribute toward Clorox achieving our goal of 100% renewable electricity in our operations in the U.S. and Canada in 2021, four years earlier than originally planned. Our commitment to climate stewardship is an important pillar of our new IGNITE strategy and part of our overall efforts to drive Good Growth – growth that's profitable, sustainable and responsible."

The 70MW VPPA between Clorox and Enel Green Power North America for the purchase of renewable energy delivered to the electricity grid is for the second phase of Enel's Roadrunner solar project to be built in Texas, and complement global clean energy collaborations such as Canada-Germany hydrogen cooperation announced recently. Roadrunner is a 497-direct current megawatt (MWdc) solar project that is being built in two phases. The first phase, currently under construction, comprises around 252 MWdc and is expected to be completed by the end of 2019, while the remaining 245 MWdc of capacity is expected to be completed by the end of 2020. Once fully operational, the solar plant could generate up to 1.2 terawatt-hours (TWh) of electricity annually, while avoiding an estimated 800,000 metric tons of carbon dioxide emissions per year.

Based on the U.S. Environmental Protection Agency Greenhouse Gas Equivalencies Calculator[i], this VPPA is estimated to avoid approximately 140,000 metric tons of CO2 emissions each year. This is equivalent to the annual impact that 165,000 acres of U.S. forest can have in removing CO2 from the atmosphere, and illustrates why cleaning up Canada's electricity is central to emissions reductions in the power sector, or the carbon impact of the electricity needed to power more than 24,000 U.S. homes annually.

"We are proud to support Clorox on their path towards 100% renewable electricity in its operations in the U.S. and Canada by helping them achieve about half their goal through this agreement," said Georgios Papadimitriou, head of Enel Green Power North America. "This agreement with Clorox reinforces the continued significance of renewable energy as a fundamental part of any company's sustainability strategy."

Schneider Electric Energy & Sustainability Services advised Clorox on this power purchase agreement and, amid heightened investor attention exemplified by the Duke Energy climate report, supported the company in its project selection, analysis, negotiations and deal execution.

 

Clorox Commits to Scope 1, 2 and 3 Science-Based Targets

For more than 10 years, Clorox has consistently achieved its goals to reduce greenhouse gas emissions in its operations. Clorox is focused on setting emissions reduction targets in line with climate science. As a participant in the Science Based Targets Initiative, Clorox has committed to setting and achieving science-based greenhouse gas emissions reduction targets in its operations (Scopes 1 and 2) and across its value chain (Scope 3), and consistent with national pathways such as Canada's net-zero 2050 target pursued by policymakers. The targets are considered "science-based" if they are in line with what the latest climate science says is necessary to meet the goals of the 2015 Paris Agreement – a global environmental accord to address climate change and its negative impacts.

Clorox's climate stewardship goals are part of its new integrated corporate strategy called IGNITE, which includes several other environmental, social and governance (ESG) goals and reflects lessons from Canada's electricity progress in scaling clean power. More comprehensive information about Clorox's IGNITE ESG goals can be found here. Information on Clorox's 2020 ESG strategy can be found in its fiscal year 2019 annual report.

 

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Why Nuclear Fusion Is Still The Holy Grail Of Clean Energy

Nuclear fusion breakthrough signals progress toward clean energy as NIF lasers near ignition and net energy gain, while tokamak designs like ITER advance magnetic confinement, plasma stability, and self-sustaining chain reactions for commercial reactors.

 

Key Points

A milestone as lab fusion nears ignition and net gain, indicating clean energy via lasers and tokamak confinement.

✅ NIF laser shot approached ignition and triggered self-heating

✅ Tokamak path advances with ITER and stronger magnetic confinement

✅ Net energy gain remains the critical milestone for power plants

 

Just 100 years ago, when English mathematician and astronomer Arthur Eddington suggested that the stars power themselves through a process of merging atoms to create energy, heat, and light, the idea was an unthinkable novelty. Now, in 2021, we’re getting remarkably close to recreating the process of nuclear fusion here on Earth. Over the last century, scientists have been steadily chasing commercial nuclear fusion, ‘the holy grail of clean energy.’ The first direct demonstration of fusion in a lab took place just 12 years after it was conceptualized, at Cambridge University in 1932, followed by the world’s first attempt to build a fusion reactor in 1938. In 1950, Soviet scientists Andrei Sakharov and Igor Tamm propelled the pursuit forward with their development of the tokamak, a fusion device involving massive magnets which is still at the heart of many major fusion pursuits today, including the world’s biggest nuclear fusion experiment ITER in France.

Since that breakthrough, scientists have been getting closer and closer to achieving nuclear fusion. While fusion has indeed been achieved in labs throughout this timeline, it has always required far more energy than it emits, defeating the purpose of the commercial fusion initiative, and elsewhere in nuclear a new U.S. reactor start-up highlights ongoing progress. If unlocked, commercial nuclear fusion would change life as we know it. It would provide an infinite source of clean energy requiring no fossil fuels and leaving behind no hazardous waste products, and many analysts argue that net-zero emissions may be out of reach without nuclear power, underscoring fusion’s promise.

Nuclear fission, the process which powers all of our nuclear energy production now, including next-gen nuclear designs in development, requires the use of radioactive isotopes to achieve the splitting of atoms, and leaves behind waste products which remain hazardous to human and ecological health for up to tens of thousands of years. Not only does nuclear fusion leave nothing behind, it is many times more powerful. Yet, it has remained elusive despite decades of attempts and considerable investment and collaboration from both public and private entities, such as the Gates-backed mini-reactor concept, around the world.

But just this month there was an incredible breakthrough that may indicate that we are getting close. “For an almost imperceptible fraction of a second on Aug. 8, massive lasers at a government facility in Northern California re-created the power of the sun in a tiny hot spot no wider than a human hair,” CNET reported in August. This breakthrough occurred at the National Ignition Facility, where scientists used lasers to set off a fusion reaction that emitted a stunning 10 quadrillion watts of power. Although the experiment lasted for just 100 trillionths of a second, the amount of energy it produced was equal to about “6% of the total energy of all the sunshine striking Earth’s surface at any given moment.”

“This phenomenal breakthrough brings us tantalizingly close to a demonstration of ‘net energy gain’ from fusion reactions — just when the planet needs it,” said Arthur Turrell, physicist and nuclear fusion expert. What’s more, scientists and experts are hopeful that the rate of fusion breakthroughs will continue to speed up, as interest in atomic energy is heating up again across markets, and commercial nuclear fusion could be achieved sooner than ever seemed possible before. At a time when it has never been more important or more urgent to find a powerful and affordable means of producing clean energy, and as policies like the U.K.’s green industrial revolution guide the next waves of reactors, commercial nuclear fusion can’t come fast enough.

 

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Atlantic Canadians less charged up to buy electric vehicle than rest of Canada

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

 

Key Points

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

✅ Poll shows lowest purchase intent in Atlantic Canada

✅ Lack of rebates and charging slows EV consideration

✅ Income and energy mix affect affordability and benefits

 

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

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

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

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


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

 

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Alberta Carbon tax is gone, but consumer price cap on electricity will remain

Alberta Electricity Rate Cap stays despite carbon tax repeal, keeping the Regulated Rate Option at 6.8 cents/kWh. Levy funds cover market gaps as the UCP reviews NDP policies to maintain affordable utility bills.

 

Key Points

Program capping RRO power at 6.8 cents/kWh, using levy funds to offset market prices while the UCP reviews policy.

✅ RRO cap fixed at 6.8 cents/kWh for eligible customers

✅ Levy funds pay generators when market prices exceed the cap

✅ UCP reviewing NDP policies to ensure affordable rates

 

Alberta's carbon tax has been cancelled, but a consumer price cap on electricity — which the levy pays for — is staying in place for now.

June electricity rates are due out on Monday, about four days after the new UCP government did away with the carbon charge on natural gas and vehicle fuel.

Part of the levy's revenue was earmarked by the previous NDP government to keep power prices at or below 6.8 cents per kilowatt hour under new electricity rules set by the province.

"The Regulated Rate Option cap of 6.8 cents/kWh was implemented by the previous government and currently remains in effect. We are reviewing all policies put in place by the former government and will make decisions that ensure more affordable electricity rates for job-creators and Albertans," said a spokesperson for Alberta's energy ministry in an emailed statement.

Albertans with regulated rate contracts and all City of Medicine Hat utility customers only pay that amount or less, though some Alberta ratepayers have faced deferral-related arrears.

If the actual market price rises above that, the difference is paid to generators directly from levy funds, a buffer that matters as experts warn prices are set to soar later this year.

The government has paid more than $55 million to utilities over the past year ending in March 2019, due to that electricity price cap being in place.

Alberta Energy says the price gap program will continue, at least for the time being, amid electricity policy changes being considered.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

 

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

 

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

 

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