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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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Duke Energy Clean Energy Strategy targets smart grid upgrades, wind and solar expansion, efficient gas, and high-reliability nuclear, cutting CO2, boosting decarbonization, and advancing energy efficiency and reliability for the Carolinas.

Key Points

A plan investing in smart grids, renewables, gas, and nuclear to cut CO2 and enhance reliability and efficiency by 2030.

✅ US$25bn smart grid upgrades; US$11bn renewables and gas

✅ 40% CO2 reduction and >80% low-/zero-carbon generation by 2030

✅ 2017 nuclear fleet 95.64% capacity factor; ~90 TWh carbon-free

The US power group Duke Energy plans to invest US$25bn on grid modernization over the 2017-2026 period, including the implementation of smart grid technologies to cope with the development of renewable energies, along with US$11bn on the expansion of renewable (wind and solar) and gas-fired power generation capacities.

The company will modernize its fleet and expects more than 80% of its power generation mix to come from zero and lower CO2 emitting sources, aligning with nuclear and net-zero goals, by 2030. Its current strategy focuses on cutting down CO2 emissions by 40% by 2030. Duke Energy will also promote energy efficiency and expects cumulative energy savings - based on the expansion of existing programmes - to grow to 22 TWh by 2030, i.e. the equivalent to the annual usage of 1.8 million households.

#google#

Duke Energy’s 11 nuclear generating units posted strong operating performance in 2017, as U.S. nuclear costs hit a ten-year low, providing the Carolinas with nearly 90 billion kilowatt-hours of carbon-free electricity – enough to power more than 7 million homes.

Globally, China's nuclear program remains on a steady development track, underscoring broader industry momentum.

“Much of our 2017 success is due to our focus on safety and work efficiencies identified by our nuclear employees, along with ongoing emphasis on planning and executing refueling outages to increase our fleet’s availability for producing electricity,” said Preston Gillespie, Duke Energy chief nuclear officer.

Some of the nuclear fleet’s 2017 accomplishments include, as a new U.S. reactor comes online nationally:

• The 11 units achieved a combined capacity factor of 95.64 percent, second only to the fleet’s 2016 record of 95.72 percent, marking the 19th consecutive year of attaining a 90-plus percent capacity factor (a measure of reliability).
• The two units at Catawba Nuclear Station produced more than 19 billion kilowatt-hours of electricity, and the single unit at Harris Nuclear Plant generated more than 8 billion kilowatt-hours, both setting 12-month records.
• Brunswick Nuclear Plant unit 2 achieved a record operating run.
• Both McGuire Nuclear Station units completed their shortest refueling outages ever and unit 1 recorded its longest operating run.
• Oconee Nuclear Station unit 2 achieved a fleet record operating run.

The Robinson Nuclear Plant team completed the station’s 30th refueling outage, which included a main generator stator replacement and other life-extension activities, well ahead of schedule.

“Our nuclear employees are committed to providing reliable, clean electricity every day for our Carolinas customers,” added Gillespie. “We are very proud of our team’s 2017 accomplishments and continue to look for additional opportunities to further enhance operations.”

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Nuclear Power for Net-Zero Grids anchors reliable baseload, integrating renewables with grid stability as solar, wind, and battery storage scale. Advanced reactors complement hydropower, curb natural gas reliance, and accelerate deep decarbonization of electricity systems.

Key Points

Uses nuclear baseload and advanced reactors to stabilize power grids and integrate higher shares of variable renewables.

✅ Provides firm, zero-carbon baseload for renewable-heavy grids

✅ Reduces natural gas dependence and peaker emissions

✅ Advanced reactors enhance safety, flexibility, and cost

Declining solar, wind, and battery technology costs are helping to grow the share of renewables in the world’s power mix to the point that governments are pledging net-zero emission electricity generation in two to three decades to fight global warming.

Yet, electricity grids will continue to require stable baseload to incorporate growing shares of renewable energy sources and ensure lights are on even when the sun doesn’t shine, or the wind doesn’t blow. Until battery technology evolves enough—and costs fall far enough—to allow massive storage and deployment of net-zero electricity to the grid, the systems will continue to need power from sources other than solar and wind.

And these will be natural gas and nuclear power, regardless of concerns about emissions from the fossil fuel natural gas and potential disasters at nuclear power facilities such as the ones in Chernobyl or Fukushima.

As natural gas is increasingly considered as just another fossil fuel, nuclear power generation provides carbon-free electricity to the countries that have it, even as debates over nuclear power’s outlook continue worldwide, and could be the key to ensuring a stable power grid capable of taking in growing shares of solar and wind power generation.

The United States, where nuclear energy currently provides more than half of the carbon-free electricity, is supporting the development of advanced nuclear reactors as part of the clean energy strategy.

But Europe, which has set a goal to reach carbon neutrality by 2050, could find itself with growing emissions from the power sector in a decade, as many nuclear reactors are slated for decommissioning and questions remain over whether its aging reactors can bridge the gap. The gap left by lost nuclear power is most easily filled by natural gas-powered electricity generation—and this, if it happens, could undermine the net-zero goals of the European Union (EU) and the bloc’s ambition to be a world leader in the fight against climate change.

U.S. Power Grid Will Need Nuclear For Net-Zero Emissions

A 2020 report from the University of California, Berkeley, said that rapidly declining solar, wind, and storage prices make it entirely feasible for the U.S. to meet 90 percent of its power needs from zero-emission energy sources by 2035 with zero increases in customer costs from today’s levels.

Still, natural gas-fired generation will be needed for 10 percent of America’s power needs. According to the report, in 2035 it would be possible that “during normal periods of generation and demand, wind, solar, and batteries provide 70% of annual generation, while hydropower and nuclear provide 20%.” Even with an exponential rise in renewable power generation, the U.S. grid will need nuclear power and hydropower to be stable with such a large share of solar and wind.

The U.S. Backs Advanced Nuclear Reactor Technology

The U.S. Department of Energy is funding programs of private companies under DOE’s new Advanced Reactor Demonstration Program (ARDP) to showcase next-gen nuclear designs for U.S. deployment.

“Taking leadership in advanced technology is so important to the country’s future because nuclear energy plays such a key role in our clean energy strategy,” U.S. Secretary of Energy Dan Brouillette said at the end of December when DOE announced it was financially backing five teams to develop and demonstrate advanced nuclear reactors in the United States.

“All of these projects will put the U.S. on an accelerated timeline to domestically and globally deploy advanced nuclear reactors that will enhance safety and be affordable to construct and operate,” Secretary Brouillette said.

According to Washington DC-based Nuclear Energy Institute (NEI), a policy organization of the nuclear technologies industry, nuclear energy provides nearly 55 percent of America’s carbon-free electricity. That is more than 2.5 times the amount generated by hydropower, nearly 3 times the amount generated by wind, and more than 12 times the amount generated by solar. Nuclear energy can help the United States to get to the deep carbonization needed to hit climate goals.

Europe Could See Rising Emissions Without Nuclear Power

While the United States is doubling down on efforts to develop advanced and cheaper nuclear reactors, including microreactors and such with new types of technology, Europe could be headed to growing emissions from the electricity sector as nuclear power facilities are scheduled to be decommissioned over the next decade and Europe is losing nuclear power just when it really needs energy, according to a Reuters analysis from last month.

In many cases, it will be natural gas that will come to the rescue to power grids to ensure grid stability and enough capacity during peak demand because solar and wind generation is variable and dependent on the weather.

For example, Germany, the biggest economy in Europe, is boosting its renewables targets, but it is also phasing out nuclear by next year, amid a nuclear option debate over climate strategy, while its deadline to phase out coal-fired generation is 2038—more than a decade later compared to phase-out plans in the UK and Italy, for example, where the deadline is the mid-2020s.

The UK, which left the EU last year, included support for nuclear power generation as one of the ten pillars in ‘The Ten Point Plan for a Green Industrial Revolution’ unveiled in November.

The UK’s National Grid has issued several warnings about tight supply since the fall of 2020, due to low renewable output amid high demand.

“National Grid’s announcement underscores the urgency of investing in new nuclear capacity, to secure reliable, always-on, emissions-free power, alongside other zero-carbon sources. Otherwise, we will continue to burn gas and coal as a fallback and fall short of our net zero ambitions,” Tom Greatrex, Chief Executive of the Nuclear Industry Association, said in response to one of those warnings.

But it’s in the UK that one major nuclear power plant project has notoriously seen a delay of nearly a decade—Hinkley Point C, originally planned in 2007 to help UK households to “cook their 2017 Christmas turkeys”, is now set for start-up in the middle of the 2020s.

Nuclear power development and plant construction is expensive, but it could save the plans for low-carbon emission power generation in many developed economies, including in the United States.

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BC Hydro Trespassing Surge highlights risky social media stunts at dams and power stations, with restricted areas breached for selfies, electrocution hazards ignored, and safety signage violated across Buntzen Lake, Jones Lake, and Jordan River.

Key Points

A spike in illegal entries at BC Hydro sites for social media, increasing electrocution and drowning risks.

✅ 200% rise in trespassing over five years

✅ Risks: electrocution, drowning, deadly falls

✅ Obey signage; avoid restricted dam and substation areas

More and more daredevils are climbing onto dangerous dams and power stations to gain likes and social media followers, according to a new report from BC Hydro.

The power provider says it's seen a 200 per cent uptick in trespassing into restricted areas over the past five years, with many of the incidents posted onto sites like YouTube, Facebook and Instagram.

"It's concerning for us because our infrastructure has risk with it," said David Conway, a community relations manager for BC Hydro.

"There's a risk of electrocution in regards to our transmission towers and our substations ... and people can be severely injured, as seen in serious injuries cases, or killed," he said.

The company released a report Tuesday, noting specific incidents of users trespassing onto sites at Buntzen Lake in Anmore, Jones Lake in the Fraser Valley and Jordan River near Victoria; it has also been issuing Site C updates during the pandemic. The incidents ranged from climbing transmission towers to swimming in restricted areas at dam sites.

In a separate matter, an external investigation at Manitoba Hydro has examined alleged assaults by workers.

Conway says annual incidents climbed from a handful to about one dozen, but BC Hydro expects the figures to be even higher. He says many more events likely go unreported.

The report ties the increase in incidents to the pursuit of "social media glory." Between 2011 and 2017, at least 259 people were killed worldwide in selfie-related incidents, according to the Journal of Family Medicine and Primary Care, and a knowledge gap in electrical safety remains a factor. Many of the incidents involved water, electrical equipment or dangerous heights.

In 2018, three social media personalities died after falling off a cliff at Shannon Falls near Squamish, B.C.

North Shore Rescue attributes about 30 per cent of its calls to outdoor users attempting to capture content for social media.

Survey results highlighted in the BC Hydro report show that 15 per cent of British Columbians admit to putting themselves in a dangerous position "to achieve the 'perfect' shot."

Awareness also influences careers, as many young Canadians say they would work in electricity if they knew more.

The survey was conducted online by 800 B.C. residents. For comparison purposes, a probability sample of the same size would yield a margin of error of plus or minus 3.5 per cent, 19 times out of 20.

During the pandemic, the U.S. grid overseer issued a coronavirus warning to highlight operational risks.

Risky activities include standing at the edge of a cliff, knowingly disobeying safety signage or trespassing, or taking a selfie from a dangerous height.

Two per cent of British Columbians admit to injuring themselves in the name of a selfie.

"We want people to stay safe. We want to remind the public to stay a safe distance away from our infrastructure, and follow safety guidance near downed lines, as electricity and generating facilities can be dangerous," said Conway.

BC Hydro is urging all visitors to obey signage, steer clear of power-generating equipment and to stay on designated trails.

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Egypt-Huawei Smart Grid advances Egypt's energy sector with digital transformation, grid modernization, and ICT solutions, enhancing power generation, transmission, and distribution while enabling renewable integration, data analytics, cybersecurity, and scalable infrastructure nationwide.

Key Points

An Egypt-Huawei project to modernize Egypt's grid into a smart network using ICT, analytics, and scalable infrastructure.

✅ Gradual migration to a smart grid to absorb higher load

✅ Boosts generation, transmission, and distribution efficiency

✅ ICT training supports workforce and digital transformation

Egypt and China's tech giant Huawei on Thursday discussed the gradual transformation of Egypt's electricity network to a smart grid model, Egyptian Ministry of Electricity and Renewable Energy said.

Egyptian Minister of Electricity and Renewable Energy Mohamed Shaker met with Huawei's regional president Li Jiguang in Cairo, where they discussed the cooperation, the ministry said in a statement.

The meeting is part of Egypt's plans to develop its energy sector based on the latest technologies and smarter electricity infrastructure initiatives, it added.

During the meeting, Shaker hailed the existing cooperation between Egypt and China in several mega projects, citing regional efforts like the Philippines power grid upgrades, welcoming further cooperation with China to benefit from its expertise and technological progress.

"The future vision of the Egyptian electricity sector is based on the gradual transformation of the current network from a typical one to a smart grid that would help absorb the large amounts of generated power," Shaker said.

Shaker highlighted his ministry's efforts to improve its services, including power generation, transportation and grid improvements across distribution.

Li, president of Huawei Northern Africa Enterprise Business Group, commended the rapid and remarkable development of the projects implemented by the Egyptian ministry to establish a strong infrastructure along with a smart grid that supports the digital grid transformation.

The Huawei official added that despite the challenges the corporation faced in the first half of 2020, it has managed to achieve revenues growth, which shows Huawei's strength and stability amid global challenges such as cybersecurity fears in critical infrastructure.

In late February, Egypt's Ministry of Higher Education and Scientific Research and Huawei discussed plans to provide training to develop the skills of Egyptian university students talented in information and communications technology, including emerging topics like 5G energy use considerations.

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Consumers Energy Virtual Energy Coaching connects Michigan small businesses with remote efficiency experts to cut utility costs, optimize energy usage, and access rebates and incentives, delivering safe COVID-19-era support and long-term savings through tailored assessments.

Key Points

A remote coaching service helping small businesses improve energy efficiency, access rebates, and cut utility costs.

✅ Three-call virtual coaching with usage review and savings plan

✅ Connects to rebates, incentives, and financing options

✅ Eligibility: <=1,200,000 kWh, <=15,000 MCF annually

Franklin Energy, a leading provider in energy efficiency and grid optimization solutions, announced today that they will implement Consumers Energy's Small Business Virtual Energy Coaching Service in response to the COVID-19 pandemic and broader industry coordination with federal partners across the power sector.

This Michigan-wide offering to natural gas, electric and combination small business customers provides a complimentary virtual energy-coaching service to help small businesses find ways to reduce electricity bills and benefit from lower utility costs, both now during COVID-19 and into the future, informed by similar Ontario electricity bill support efforts in other regions. To be eligible for the program, small businesses must have electric usage at or below 1,200,000 kWh annually and gas usage at or below 15,000 MCF annually.

"By developing lasting customer relationships and delivering consistent solutions through conversation, the Energy Coaching Program offers the next level of support for small business customers," said Hollie Whitmire, Franklin Energy program manager. "Energy coaching is suitable for all small businesses, but it's ideal for businesses that are new to energy efficiency or for those that have had low engagement with energy efficiency offerings and emerging new utility rate designs in years past."

Through a series of three calls, eligible small businesses can speak with an energy coach to help them connect to the right program offering available through Consumers Energy's energy efficiency programs for businesses, including demand response models like the Ontario Peak Perks program that support load management. From answering questions to reviewing energy usage, conducting assessments, identifying savings opportunities, and more, the energy coach is available to help small businesses put money back into their pocket now, when it matters most.

"Consumers Energy is committed to helping Michigan's small business community prosper, now more than ever, with examples such as Entergy's COVID-19 relief fund underscoring industry support," said Lauren Youngdahl Snyder, Consumers Energy's vice president of customer experience. "We are excited to work with Franklin Energy to develop an innovative solution for our small business customers. The Virtual Energy Coaching Service lets us engage our customers in a safe and effective manner, as seen with utilities waiving fees in Texas during the crisis, and has the potential to last even past the COVID-19 pandemic."

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