Horizon disputes overbilling claims

By Hamilton Spectator


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Horizon Utilities is disputing claims its smart meters are overcharging homeowners for electricity.

The Toronto Star reported five Ontario utilities, including Horizon, are overbilling 150,000 customers who have installed smart meters.

At the heart of the dispute is a ruling by Measurement Canada that hydro bills based on measurements between two points in time don't meet federal requirements because they don't also show readings from a meter. Smart meters register not only how much power was used, but when it was used to encourage shifting to off-peak times of the day when demand in the province is lower.

"This is not a metering issue, it's a question of how customers are being billed," said Shelley Parker, Horizon's director of customer services. "You can't really compare the two methods."

Parker explained smart meters measure hydro use between midnight and midnight, allowing the utility to charge different prices depending on time of use. Traditional meters simply record how much power is used between two readings.

While time-of-use billing is said to have environmental benefits by encouraging power use when demand is lower, Measurement Canada has ordered utilities to also show traditional register readings on its bills by January 2012. Ontario utilities have formed a special group to work with the province's Independent Electricity System Operator to meet that deadline.

The 150,000 affected customers, a tiny fraction of Ontario's 4 million hydro users, might see rate difference of as little as three to five cents on their bills because of the different measurements.

In addition to Horizon, which serves Hamilton and Niagara, customers of Newmarket Hydro Veridian, which serves Pickering Ajax, Uxbridge, Bowmanville, Newcastle and Port Perry Chatham-Kent Hydro and Hydro One are also affected.

Questions about the billing system follow an announcement earlier this week that Ontario's largest industrial users will be getting a break on electricity costs. That move is expected to cost homeowners up to $48 a year more while companies such as ArcelorMittal Dofasco see reductions.

The move extends time-of-use pricing now in effect for homeowners — allowing them to use electricity cheaper at off-peak times, such as nights and weekends — to major companies, giving big power-consuming sectors an incentive to conserve energy, cut their costs and, the government hopes, keep manufacturing, mining and refining jobs in Ontario.

The policy shift means the electricity system must make up for the difference in what big power users were paying by collecting it from other customers, including millions of homeowners, thousands of businesses, hospitals, schools, municipalities and universities. Companies can save money on power by delaying production shifts, for example, on hot summer days, when the price is highest, and making up production at other times.

ArcelorMittal Dofasco spokesperson Andrew Sloan said the change will make a real difference for his company, the largest user of electricity in Ontario, which pays about $100 million a year for power.

"We think this is good public policy because it rewards us for doing what consumers do," he said. "It will allow us to be more competitive."

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Grid coordination opens road for electric vehicle flexibility

Smart EV Charging orchestrates vehicle-to-grid (V2G), demand response, and fast charging to balance the power grid, integrating renewables, electrolyzers for hydrogen, and megawatt chargers for fleets with advanced control and co-optimization.

 

Key Points

Smart EV charging coordinates EV load to stabilize the grid, cut peaks, and integrate renewable energy efficiently.

✅ Reduces peak demand via coordinated, flexible load control

✅ Enables V2G services with renewables and battery storage

✅ Supports megawatt fast charging for heavy-duty fleets

 

As electric vehicle (EV) sales continue to rev up in the United States, the power grid is in parallel contending with the greatest transformation in its 100-year history: the large-scale integration of renewable energy and power electronic devices. The expected expansion of EVs will shift those challenges into high gear, causing cities to face gigawatt-growth in electricity demand, as analyses of EV grid impacts indicate, and higher amounts of variable energy.

Coordinating large numbers of EVs with the power system presents a highly complex challenge. EVs introduce variable electrical loads that are highly dependent on customer behavior. Electrified transportation involves co-optimization with other energy systems, like natural gas and bulk battery storage, including mobile energy storage flexibility for new operational options. It could involve fleets of automated ride-hailing EVs and lead to hybrid-energy truck stops that provide hydrogen and fast-charging to heavy-duty vehicles.

Those changes will all test the limits of grid integration, but the National Renewable Energy Laboratory (NREL) sees opportunity at the intersection of energy systems and transportation. With powerful resources for simulating and evaluating complex systems, several NREL projects are determining the coordination required for fast charging, balancing electrical supply and demand, and efficient use of all energy assets.


Smart and Not-So-Smart Control
To appreciate the value of coordinated EV charging, it is helpful to imagine the opposite scenario.

"Our first question is how much benefit or burden the super simple, uncoordinated approach to electric vehicle charging offers the grid," said Andrew Meintz, the researcher leading NREL's Electric Vehicle Grid Integration team, as well as the RECHARGE project for smart EV charging. "Then we compare that to the 'whiz-bang,' everything-is-connected approach. We want to know the difference in value."

In the "super simple" approach, Meintz explained that battery-powered electric vehicles grow in market share, exemplified by mass-market EVs, without any evolution in vehicle charging coordination. Picture every employee at your workplace driving home at 5 p.m. and charging their vehicle. That is the grid's equivalent of going 0 to 100 mph, and if it does not wreck the system, it is at least very expensive. According to NREL's Electrification Futures Study, a comprehensive analysis of the impacts of widespread electrification across all U.S. economic sectors, in 2050 EVs could contribute to a 33% increase in energy use during peak electrical demand, underscoring state grid challenges that make these intervals costly when energy reserves are procured. In duck curve parlance, EVs will further strain the duck's neck.

The Optimization and Control Lab's Electric Vehicle Grid Integration bays allow researchers to determine how advanced high power chargers can be added safely and effectively to the grid, with the potential to explore how to combine buildings and EV charging. Credit: Dennis Schroeder, NREL
Meintz's "whiz-bang" approach instead imagines EV control strategies that are deliberate and serve to smooth, rather than intensify, the upcoming demand for electricity. It means managing both when and where vehicles charge to create flexible load on the grid.

At NREL, smart strategies to dispatch vehicles for optimal charging are being developed for both the grid edge, where consumers and energy users connect to the grid, as in RECHARGEPDF, and the entire distribution system, as in the GEMINI-XFC projectPDF. Both projects, funded by the U.S. Department of Energy's (DOE's) Vehicle Technologies Office, lean on advanced capabilities at NREL's Energy Systems Integration Facility to simulate future energy systems.

At the grid edge, EVs can be co-optimized with distributed energy resources—small-scale generation or storage technologies—the subject of a partnership with Eaton that brought industry perspectives to bear on coordinated management of EV fleets.

At the larger-system level, the GEMINI-XFC project has extended EV optimization scenarios to the city scale—the San Francisco Bay Area, to be specific.

"GEMINI-XFC involves the highest-ever-fidelity modeling of transportation and the grid," said NREL Research Manager of Grid-Connected Energy Systems Bryan Palmintier.

"We're combining future transportation scenarios with a large metro area co-simulationPDF—millions of simulated customers and a realistic distribution system model—to find the best approaches to vehicles helping the grid."

GEMINI-XFC and RECHARGE can foresee future electrification scenarios and then insert controls that reduce grid congestion or offset peak demand, for example. Charging EVs involves a sort of shell game, where loads are continually moved among charging stations to accommodate grid demand.

But for heavy-duty vehicles, the load is harder to hide. Electrified truck fleets will hit the road soon, creating power needs for electric truck fleets that translate to megawatts of localized demand. No amount of rerouting can avoid the requirements of charging heavy-duty vehicles or other instances of extreme fast-charging (XFC). To address this challenge, NREL is working with industry and other national laboratories to study and demonstrate the technological buildout necessary to achieve 1+ MW charging stationsPDF that are capable of fast charging at very high energy levels for medium- and heavy-duty vehicles.

To reach such a scale, NREL is also considering new power conversion hardware based on advanced materials like wide-bandgap semiconductors, as well as new controllers and algorithms that are uniquely suited for fleets of charge-hungry vehicles. The challenge to integrate 1+ MW charging is also pushing NREL research to higher power: Upcoming capabilities will look at many-megawatt systems that tie in the support of other energy sectors.


Renewable In-Roads for Hydrogen

At NREL, the drive toward larger charging demands is being met with larger research capabilities. The announcement of ARIES opens the door to energy systems integration research at a scale 10-times greater than current capabilities: 20 MW, up from 2 MW. Critically, it presents an opportunity to understand how mobility with high energy demands can be co-optimized with other utility-scale assets to benefit grid stability.

"If you've got a grid humming along with a steady load, then a truck requires 500 kW or more of power, it could create a large disruption for the grid," said Keith Wipke, the laboratory program manager for fuel cells and hydrogen technologies at NREL.

Such a high power demand could be partially served by battery storage systems. Or it could be hidden entirely with hydrogen production. Wipke's program, with support from the DOE's Hydrogen and Fuel Cell Technologies Office, has been performing studies into how electrolyzers—devices that use electricity to break water into hydrogen and oxygen—could offset the grid impacts of XFC. These efforts are also closely aligned with DOE's H2@Scale vision for affordable and effective hydrogen use across multiple sectors, including heavy-duty transportation, power generation, and metals manufacturing, among others.

"We're simulating electrolyzers that can match the charging load of heavy-duty battery electric vehicles. When fast charging begins, the electrolyzers are ramped down. When fast charging ends, the electrolyzers are ramped back up," Wipke said. "If done smoothly, the utility doesn't even know it's happening."

NREL Researchers Rishabh Jain, Kazunori Nagasawa, and Jen Kurtz are working on how grid integration of electrolyzers—devices that use electricity to break water into hydrogen and oxygen—could offset the grid impacts of extreme fast-charging. Credit: National Renewable Energy Laboratory
As electrolyzers harness the cheap electrons from off-demand periods, a significant amount of hydrogen can be produced on site. That creates a natural energy pathway from discount electricity into a fuel. It is no wonder, then, that several well-known transportation and fuel companies have recently initiated a multimillion-dollar partnership with NREL to advance heavy-duty hydrogen vehicle technologies.

"The logistics of expanding electric charging infrastructure from 50 kW for a single demonstration battery electric truck to 5,000 kW for a fleet of 100 could present challenges," Wipke said. "Hydrogen scales very nicely; you're basically bringing hydrogen to a fueling station or producing it on site, but either way the hydrogen fueling events are decoupled in time from hydrogen production, providing benefits to the grid."

The long driving range and fast refuel times—including a DOE target of achieving 10-minutes refuel for a truck—have already made hydrogen the standout solution for applications in warehouse forklifts. Further, NREL is finding that distributed electrolyzers can simultaneously produce hydrogen and improve voltage conditions, which can add much-needed stability to a grid that is accommodating more energy from variable resources.

Those examples that co-optimize mobility with the grid, using diverse technologies, are encouraging NREL and its partners to pursue a new scale of systems integration. Several forward-thinking projects are reimagining urban mobility as a mix of energy solutions that integrate the relative strengths of transportation technologies, which complement each other to fill important gaps in grid reliability.


The Future of Urban Mobility
What will electrified transportation look like at high penetrations? A few NREL projects offer some perspective. Among the most experimental, NREL is helping the city of Denver develop a smart community, integrated with electrified mobility and featuring automated charging and vehicle dispatch.

On another path to advanced mobility, Los Angeles has embarked on a plan to modernize its electricity system infrastructure, reflecting California EV grid stability goals—aiming for a 100% renewable energy supply by 2045, along with aggressive electrification targets for buildings and vehicles. Through the Los Angeles 100% Renewable Energy Study, the city is currently working with NREL to assess the full-scale impacts of the transition in a detailed analysis that integrates diverse capabilities across the laboratory.

The transition would include the Port of Long Beach, the busiest container port in the United States.

At the port, NREL is applying the same sort of scenario forecasting and controls evaluation as other projects, in order to find the optimal mix of technologies that can be integrated for both grid stability and a reliable quality of service: a mix of hydrogen fuel-cell and battery EVs, battery storage systems, on-site renewable generation, and extreme coordination among everything.

"Hydrogen at ports makes sense for the same reason as trucks: Marine applications have big power and energy demands," Wipke said. "But it's really the synergies between diverse technologies—the existing infrastructure for EVs and the flexibility of bulk battery systems—that will truly make the transition to high renewable energy possible."

Like the Port of Long Beach, transportation hubs across the nation are adapting to a complex environment of new mobility solutions. Airports and public transit stations involve the movement of passengers, goods, and services at a volume exceeding anywhere else. With the transition to digitally connected electric mobility changing how airports plan for the future, NREL projects such as Athena are using the power of high-performance computing to demonstrate how these hubs can maximize the value of passenger and freight mobility per unit of energy, time, and/or cost.

The growth in complexity for transportation hubs has just begun, however. Looking ahead, fleets of ride-sharing EVs, automated vehicles, and automated ride-sharing EV fleets could present the largest effort to manage mobility yet.


A Self-Driving Power Grid
To understand the full impact of future mobility-service providers, NREL developed the HIVE (Highly Integrated Vehicle Ecosystem) simulation framework. HIVE combines factors related to serving mobility needs and grid operations—such as a customer's willingness to carpool or delay travel, and potentially time-variable costs of recharging—and simulates the outcome in an integrated environment.

"Our question is, how do you optimize the management of a fleet whose primary purpose is to provide rides and improve that fleet's dispatch and charging?" said Eric Wood, an NREL vehicle systems engineer.

HIVE was developed as part of NREL's Autonomous Energy Systems research to optimize the control of automated vehicle fleets. That is, optimized routing and dispatch of automated electric vehicles.

The project imagines how price signals could influence dispatch algorithms. Consider one customer booking a commute through a ride-hailing app. Out of the fleet of vehicles nearby—variously charged and continually changing locations—which one should pick up the customer?

Now consider the movements of thousands of passengers in a city and thousands of vehicles providing transportation services. Among the number of agents, the moment-to-moment change in energy supply and demand, and the broad diversity in vendor technologies, "we're playing with a lot of parameters," Wood said.

But cutting through all the complexity, and in the midst of massive simulations, the end goal for vehicle-to-grid integration is consistent:

"The motivation for our work is that there are forecasts for significant load on the grid from the electrification of transportation," Wood said. "We want to ensure that this load is safely and effectively integrated, while meeting the expectations and needs of passengers."

The Port of Long Beach uses a mix of hydrogen fuel-cell and battery EVs, battery storage systems, on-site renewable generation, and extreme coordination among everything. Credit: National Renewable Energy Laboratory
True Replacement without Caveats

Electric vehicles are not necessarily helpful to the grid, but they can be. As EVs become established in the transportation sector, NREL is studying how to even out any bumps that electrified mobility could cause on the grid and advance any benefits to commuters or industry.

"It all comes down to load flexibility," Meintz said. "We're trying to decide how to optimally dispatch vehicle charging to meet quality-of-service considerations, while also minimizing charging costs."

 

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Perry presses ahead on advanced nuclear reactors

Advanced Nuclear Reactors drive U.S. clean energy with small modular reactors, a new test facility at Idaho National Laboratory, and public-private partnerships accelerating nuclear innovation, safety, and cost reductions through DOE-backed programs and university simulators.

 

Key Points

Advanced nuclear reactors are next-gen designs, including SMRs, offering safer, cheaper, low-carbon power.

✅ DOE test facility at Idaho National Laboratory

✅ Small modular reactors with passive safety systems

✅ University simulators train next-gen nuclear operators

 

Energy Secretary Rick Perry is advancing plans to shift the United States towards next-gen nuclear power reactors.

The Energy Department announced this week it has launched a new test facility at the Idaho National Laboratory where private companies can work on advanced nuclear technologies, as the first new U.S. reactor in nearly seven years starts up, to avoid the high costs and waste and safety concerns facing traditional nuclear power plants.

“[The National Reactor Innovation Center] will enable the demonstration and deployment of advanced reactors that will define the future of nuclear energy,” Perry said.

With climate change concerns growing and net-zero emissions targets emerging, some Republicans and Democrats are arguing for the need for more nuclear reactors to feed the nation’s electricity demand. But despite nuclear plants’ absence of carbon emissions, the high cost of construction, questions around what to do with the spent nuclear rods and the possibility of meltdown have stymied efforts.

A new generation of firms, including Microsoft founder Bill Gates’ Terra Power venture, are working on developing smaller, less expensive reactors that do not carry a risk of meltdown.

“The U.S. is on the verge of commercializing groundbreaking nuclear innovation, and we must keep advancing the public-private partnerships needed to traverse the dreaded valley of death that all too often stifles progress,” said Rich Powell, executive director of ClearPath, a non-profit advocating for clean energy and green industrial strategies worldwide.

The new Idaho facility is budgeted at $5 million under next year’s federal budget, even as the cost of U.S. nuclear generation has fallen to a ten-year low, which remains under negotiation in Congress.

On Thursday another advanced nuclear developer working on small modular systems, Oregon-based NuScale Power, announced it was building three virtual nuclear control rooms at Texas A&M University, Oregon State University and the University of Idaho, with funding from the Energy Department.

The simulators will be open to researchers and students, to train on the operation of smaller, modular reactors, as well as the general public.

NuScale CEO John Hopkins said the simulators would “help ensure that we educate future generations about the important role nuclear power and small modular reactor technology will play in attaining a safe, clean and secure energy future for our country.”

 

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Updated Germany hydrogen strategy sees heavy reliance on imported fuel

Germany Hydrogen Import Strategy outlines reliance on green hydrogen imports, expanded electrolysis capacity, IPCEI-funded pipelines, and industrial decarbonization for steel and chemicals to reach climate-neutral goals by 2045, meeting 2030 demand of 95-130 TWh.

 

Key Points

A plan to import 50-70% of hydrogen by 2030, backing green hydrogen, electrolysis, pipelines, and decarbonization.

✅ Imports cover 50-70% of 2030 hydrogen demand

✅ 10 GW electrolysis target with state aid and IPCEI

✅ 1,800 km H2 pipelines to link hubs by 2030

 

Germany will have to import up to 70% of its hydrogen demand in the future as Europe's largest economy aims to become climate-neutral by 2045, an updated government strategy published on Wednesday showed.

The German cabinet approved a new hydrogen strategy, setting guidelines for hydrogen production, transport infrastructure and market plans.

Germany is seeking to expand reliance on hydrogen as a future energy source to bolster energy resilience and cut greenhouse emissions for highly polluting industrial sectors that cannot be electrified such as steel and chemicals and cut dependency on imported fossil fuel.

Produced using solar and wind power, green hydrogen is a pillar of Berlin's plan to build a sustainable electric planet and transition away from fossil fuels.

But even with doubling the country's domestic electrolysis capacity target for 2030 to at least 10 gigawatts (GW), Germany will need to import around 50% to 70% of its hydrogen demand, forecast at 95 to 130 TWh in 2030, the strategy showed.

"A domestic supply that fully covers demand does not make economic sense or serve the transformation processes resulting from the energy transition and the broader global energy transition overall," the document said.

The strategy underscores the importance of diversifying future hydrogen sources, including potential partners such as Canada's clean hydrogen sector, but the government is working on a separate strategy for hydrogen imports whose exact date is not clear, a spokesperson for the economy ministry said.

"Instead of relying on domestic potential for the production of green hydrogen, the federal government's strategy is primarily aimed at imports by ship," Simone Peter, the head of Germany's renewable energy association, said.

Under the strategy, state aid is expected to be approved for around 2.5 GW of electrolysis projects in Germany this year and the government will earmark 700 million euros ($775 million) for hydrogen research to optimise production methods, research minister Bettina Stark-Watzinger said.

But Germany's limited renewable energy space will make it heavily dependent on imported hydrogen from emerging export hubs such as Abu Dhabi hydrogen exports gaining scale, experts say.

"Germany is a densely populated country. We simply need space for wind and photovoltaic to be able to produce the hydrogen," Philipp Heilmaier, an energy transition researcher at Germany energy agency, told Reuters.

The strategy allows the usage of hydrogen produced through fossil energy sources preferably if the carbon is split off, but said direct government subsidies would be limited to green hydrogen.

Funds for launching a hydrogen network with more than 1,800 km of pipelines in Germany are expected to flow by 2027/2028 through the bloc's Important Projects of Common European Interest (IPCEI) financing scheme, as the EU plans to double electricity use by 2050 could raise future demand, with the goal of connecting all major generation, import and storage centres to customers by 2030.

Transport Minister Volker Wissing said his ministry was working on plans for a network of hydrogen filling stations and for renewable fuel subsidies.

Environmental groups said the strategy lacked binding sustainability criteria and restriction on using hydrogen for sectors that cannot be electrified instead of using it for private heating or in cars, calling for a plan to eventually phase-out blue hydrogen which is produced from natural gas.

Germany has already signed several hydrogen cooperation agreements with countries such as clean energy partnership with Canada and Norway, United Arab Emirates and Australia.

 

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US Automakers Will Build 30,000 Electric Vehicle Chargers

Automaker EV Fast-Charging Network will deploy 30,000 DC fast chargers across US and Canada, supporting CCS and NACS, integrating Tesla compatibility, easing range anxiety, and expanding highway and urban charging infrastructure with amenities and uptime.

 

Key Points

A $1B joint venture by seven automakers to build 30,000 DC fast chargers with CCS and NACS across the US and Canada.

✅ 30,000 DC fast chargers by 2030 across US and Canada

✅ Supports CCS and NACS; Tesla compatibility planned

✅ Launching mid-2024; focus on highways, urban hubs, amenities

 

Seven major automakers announced a plan on Wednesday to nearly double the number of fast chargers in the United States in an effort to address one of the main reasons that people hesitate to buy electric cars, even as the age of electric cars accelerates.

The carmakers — BMW Group, General Motors, Honda, Hyundai, Kia, Mercedes-Benz Group and Stellantis — will initially invest at least $1 billion in a joint venture that will build 30,000 charging ports on major highways and other locations in the United States and Canada.

The United States and Canada have about 36,000 fast chargers — those that can replenish a drained battery in 30 minutes or less. In some sparsely populated areas, such chargers can be hundreds of miles apart. Surveys show that fear about not being able to find a charger during longer journeys is a major reason that some car buyers are reluctant to buy electric vehicles.

Sales of electric vehicles have risen quickly in the United States as the market hits an inflection point, but there are signs that demand is softening. As a result, Tesla, Ford and other carmakers have cut prices in recent months and are offering incentives. Popular models that had long waiting lists last year are now available in a few days or weeks.

Major carmakers are investing billions of dollars to manufacture electric vehicles and batteries and to establish supplier networks. Having staked their futures on the technology, they have a strong incentive to ensure that electric vehicles catch on with car buyers, even as gas-electric hybrids help bridge the transition.

The chargers installed by the joint venture will have plugs designed for the connections used by most carmakers other than Tesla, as well as the standard developed by Tesla, amid fights for control over charging, that Ford, G.M. and other companies have said they intend to switch to in 2025.

“The better experience people have, the faster E.V. adoption will grow,” Mary T. Barra, the chief executive of General Motors, said in a statement.

The seven automakers plan to formalize the joint venture and announce its name by the end of the year, Chris Martin, a Honda spokesman, said. The first chargers will begin operating around the middle of 2024, he said, with all 30,000 in place by the end of the decade.

The joint venture is open to adding other partners, he said. Among major automakers, Ford was a notable absence from the announcement on Wednesday. The company said in a statement on Wednesday that it would continue to iThe partnership also does not include Volkswagen. The company is a majority shareholder of Electrify America, one of the largest fast-charging providers.

Tesla accounts for more than half the fast chargers in the United States and has said it will open its networks to other car brands, though, so far, it has only made fewer than 100 ports available. Owners of Ford and G.M. vehicles, among others, will be able to connect to 12,000 Tesla fast chargers using an adapter beginning next year. In 2025, Ford and G.M. plan to make models designed to take the Tesla plug without an adapter.

The decision by the seven carmakers to form the joint venture is an indication that they do not intend to rely solely on Tesla, which dominates sales of electric vehicles, for charging.

The chargers being built by the joint venture will be concentrated in urban areas and along major highways, especially those used most heavily by vacationers and other travelers, the companies said in a joint statement. Charging stations will be close to restrooms, restaurants and other amenities. The partners said they would try to take advantage of federal and state funds available for charging infrastructure amid questions about whether the U.S. has the power to charge it at scale.

Most electric vehicle owners charge at home and rarely need to use public chargers. Home chargers typically replenish batteries overnight. Most public chargers, about 125,000 in the United States and Canada, also operate relatively slowly — taking four to 10 hours to do the job.nvest in its own network, which allows Ford owners to charge from a variety of providers with one mobile phone app.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

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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Advocates call for change after $2.9 million surplus revealed for BC Hydro fund

BC Hydro Customer Crisis Fund Surplus highlights unused grants, pilot program imbalance, and calls to reduce fees or expand eligibility. Ratepayers, regulators, and social agencies urge awareness, rebates, and aid for overdue electricity bills.

 

Key Points

A funding carryover from BC Hydro's crisis grants, sparking debate over fee reductions or more aid eligibility.

✅ $2.9M surplus from 25-cent monthly customer fee

✅ Only 2,250 grants issued; awareness and eligibility questioned

✅ Regulator may refund balance or adjust program design

 

BC Hydro is sitting on a surplus of about $2.9 million in its customer crisis fund, even as BC Hydro rates rise 3% across the province, leading to calls for the utility to reduce its take from the average customer or provide more money to those in need.

B.C. Liberal Energy Critic Greg Kyllo said if the imbalance continues in the year-old pilot program, amid a provincial rate freeze announced by the province, it’s time to cut the monthly 25 cent fee in half.

"If the grant requirement or the need in the province is going to remain where it is, they should look at rolling back the contribution level in the fund," he told CTV News Vancouver from Salmon Arm.

But social agencies who were part of the consultation around the fund in the beginning said it’s more likely that people in need don’t know about the fund and more time is necessary to get the word out.

"If they collect the money, then the program’s got to change to make sure more people are able to be helped," said Gudrun Langolf of the Council of Senior Citizens Organizations of BC.

The customer crisis fund was started in spring 2018 to give people short-term relief when they can’t pay their electricity bills, especially as a $2 monthly hike pressures household budgets. Customers can apply to get a grant of up to $500 to keep the lights on, and up to $600 if electricity heats their homes.

The public utility took in about 25 cents per customer per month which added up to a revenue of $4.5 million in the year since the program started, BC Hydro confirmed to CTV News.

But the agency only gave out 2,250 grants totalling $850,000.

Administration costs added up around $750,000 – leaving the $2.9 million remaining.

The news will come as a welcome relief to those who suddenly struggle to pay their hydro bills, particularly as Alberta ratepayers are on the hook under a utility deferral program elsewhere in Canada.

Some people who come into Disability Alliance B.C. are often anxious and emotional when they’re suddenly unable to pay their bills, said Shar Saremi, an advocate there.

"I’ve had people crying. I’ve had people who have experienced a loss in the family," she said. "A lot of the time people are stressed out, anxious, really upset. They are looking for assistance, and they aren’t sure what is available for them."

She said people are only eligible if their bills are under $1,000, which could be cutting out the people who are most in need. And because the program is in its first year, it could be undersubscribed, she said.

"A lot of people don’t know about the program, don’t know how to apply, or what kind of assistance is out there," Saremi said.

The fund was established thanks to an order from the B.C. Utilities Commission, the utilities regulator in the province.

The pilot program is going to be examined by the regulator at the end of its first year.

"Any remaining balance in the account at the end of the pilot would be returned to residential ratepayers," says a BCUC fact sheet, as BC Hydro rates are set to rise 3.75% over two years. The decision on exactly what to do with the money hasn’t yet been made.

In Manitoba, a similar program is by donation, and in Newfoundland and Labrador a lump-sum credit was offered to bill payers in a separate initiative. That program raised about $200,000 from customers and $60,000 in other income. It spent $199,000 on grants to applicants, but lost about $20,000 a year.

In Ontario, private utilities are expected to raise 0.12 per cent of their revenue, and Hydro One reconnections have highlighted the stakes for nonpayment there. Across the province, those utilities gave out about $7.3 million in grants. Any unused funds in one year are rolled over to the following year.

 

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