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Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

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Ukraine Electricity Exports resume as the EU grid links stabilize; ENTSO-E caps, megawatt capacity, renewables, and infrastructure repairs enable power flows to Moldova, Poland, Slovakia, and Romania despite ongoing Russian strikes.

Key Points

Resumed cross-border power sales showing grid stability under ENTSO-E limits and surplus generation.

✅ Exports restart to Moldova; Poland, Slovakia, Romania next.

✅ ENTSO-E cap limits to 400 MW; more capacity under negotiation.

✅ Revenues fund grid repairs after Russian strikes.

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine's energy system, even as it built lines to reactivate the Zaporizhzhia plant in occupied territory. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and both sides have floated a possible agreement on power plant attacks amid mounting civilian harm, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.

Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, and across Europe initiatives like virtual power plants for homes are helping balance grids. Nationwide consumption was already down at least 30% due to the war, Halushchenko said, with many industries having to operate with less power.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may hobble recovery efforts. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.

“Even if it’s 20 (million euros) it’s still good money. We need financial resources now to restore generation and transmission lines,” he said.

Ukraine has the ability to export more than the 400 megawatt capacity limit imposed by the European Network of Transmission System Operators for Electricity, or ENTSO-E, and rising EU wind and solar output is reshaping cross-border flows. “We are in negotiations to increase this cap because today we can export even more, we have the necessary reserves in the system,” the minister said.

The current capacity limit is in line with what Ukraine was exporting in September 2022 before Ukraine diverted resources to meet domestic needs amid the Russian onslaught.

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Northern Ireland No-Deal Power Contingency outlines Whitehall plans to deploy thousands of generators on barges in the Irish Sea, safeguard the electricity market, and avert blackouts if Brexit disrupts imports from the Republic of Ireland.

Key Points

A UK Whitehall plan to prevent NI blackouts by deploying generators and protecting cross-border electricity flows.

✅ Barges in Irish Sea to host temporary power generators

✅ Mitigates loss of EU market access in a no-deal Brexit

✅ Ensures NI supply if Republic cuts electricity exports

Such a scenario could see thousands of electricity generators being requisitioned at short notice and positioned on barges in the Irish Sea, even as Great Britain's generation mix shapes wider supply dynamics, to help keep the region going, a Whitehall document quoted by the Financial Times states.

An emergency operation could see equipment being brought back from places like Afghanistan, where the UK still has a military presence, the newspaper said.

The extreme situation could arise because Northern Ireland shares a single energy market with the Irish Republic, where Irish grid price spikes have heightened concern about stability.

The region relies on energy imports from the Republic because it does not have enough generating capacity itself, and the UK is aiming to negotiate a deal to allow that single electricity market on the island of Ireland to continue post-EU withdrawal, while virtual power plant proposals for UK homes are explored to avoid outages, the FT stated.

However, if no Brexit deal is agreed Whitehall fears suppliers in the Irish Republic could cut off power because the UK would no longer be part of the European electricity market, and a recent short supply warning from National Grid underscores the risk.

In a bid to prevent blackouts in Northern Ireland in a worse case situation the Government would need to put thousands of generators into place, even as an emergency energy plan has reportedly not gone ahead nationwide, according to the report.

And officials fear they may need to commandeer some generators from the military in such a scenario, the FT reports.

An official was quoted by the newspaper as saying the preparations were “gob-smacking”.

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H2 Gateway Hydrogen Network accelerates clean energy in B.C., building electrolysis plants and hydrogen fueling stations for zero-emission vehicles, heavy-duty trucks, and long-haul transit, supporting decarbonization, green hydrogen supply, and infrastructure investment.

Key Points

A $900M B.C. initiative by HTEC to build electrolysis plants and 20 hydrogen fueling stations for zero-emission transport.

✅ $900M project with HTEC, CIB, and B.C. government

✅ 3 electrolysis plants plus byproduct liquefaction in North Vancouver

✅ Up to 20 stations; 14 for heavy-duty vehicles in B.C. and Alberta

British Columbia is taking a significant step towards a cleaner future with a brand new $900 million project. This initiative, spearheaded by hydrogen company HTEC and supported by the CIB in B.C. and the B.C. government, aims to establish a comprehensive hydrogen network across the province. This network will encompass both hydrogen production plants and fueling stations, marking a major leap in developing hydrogen infrastructure in B.C.

The project, dubbed "H2 Gateway," boasts several key components. At its core lies the construction of three brand new electrolysis hydrogen production plants. These facilities will be strategically located in Burnaby, Nanaimo, and Prince George, ensuring a wide distribution of hydrogen fuel. An additional facility in North Vancouver will focus on liquefying byproduct hydrogen, maximizing resource efficiency.

The most visible aspect of H2 Gateway will undoubtedly be the network of hydrogen fueling stations. The project envisions up to 20 stations spread across British Columbia and Alberta, complementing the province's Electric Highway build-out, with 18 being situated within B.C. itself. This extensive network will significantly enhance the accessibility of hydrogen fuel, making it a more viable option for motorists. Notably, 14 of these stations will be designed to handle heavy-duty vehicles, catering to the transportation sector's clean energy needs.

The economic and environmental benefits of H2 Gateway are undeniable. The project is expected to generate nearly 300 jobs, aligning with recent grid job creation efforts, providing a much-needed boost to the B.C. economy. More importantly, the widespread adoption of hydrogen fuel promises significant reductions in greenhouse gas emissions. Hydrogen-powered vehicles produce zero tailpipe emissions, making them a crucial tool in combating climate change.

British Columbia's investment in hydrogen infrastructure aligns with a global trend. As countries strive to achieve ambitious climate goals, hydrogen is increasingly viewed as a promising clean energy source. Hydrogen fuel cells offer several advantages over traditional electric vehicles, and while B.C. leads the country in going electric, they boast longer driving ranges and shorter refueling times, making them particularly attractive for long-distance travel and heavy-duty applications.

While H2 Gateway represents a significant step forward, challenges remain. The production of clean hydrogen, often achieved through electrolysis using renewable energy sources, faces power supply challenges and requires substantial initial investment. Additionally, the number of hydrogen-powered vehicles on the road is still relatively low.

However, projects like H2 Gateway are crucial in overcoming these hurdles. By creating a robust hydrogen infrastructure, B.C. is sending a strong signal to the industry and, alongside BC Hydro's EV charging expansion across southern B.C., is building a comprehensive clean transportation network. This investment will not only benefit the environment but also incentivize the development and adoption of hydrogen-powered vehicles. As the technology matures and production costs decrease, hydrogen fuel has the potential to revolutionize transportation and play a key role in a sustainable future.

The road ahead for hydrogen may not be entirely smooth, but British Columbia's commitment to H2 Gateway demonstrates a clear vision. By investing in clean energy infrastructure, the province is not only positioning itself as a leader in the fight against climate change, with Canada and B.C. investing in green energy solutions to accelerate progress, but also paving the way for a more sustainable transportation landscape.

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Toronto Flood Cleanup details the citywide response to storm damage after heavy rain, stressing drainage system upgrades, emergency services, transit disruptions, infrastructure repair, financial aid, insurance claims, and climate resilience planning for future weather.

Key Points

Toronto Flood Cleanup is the city's flood response, restoring infrastructure, aiding residents, and upgrading drainage.

✅ Emergency services and public works lead debris removal.

✅ Repairs to roads, bridges, transit, and utilities underway.

✅ Aid, insurance claims, and drainage upgrades prioritized.

Toronto is grappling with significant cleanup efforts following severe storms that unleashed heavy rains and caused widespread flooding across the city. The storms, which hit the area over the past week, have left a trail of damage and disruption, prompting both immediate response measures and longer-term recovery plans.

The intense rainfall began with a powerful storm system that moved through southern Ontario, with Sudbury Hydro crews working to reconnect service as the system pressed toward the GTA, delivering an unprecedented volume of water in a short period. The resulting downpours overwhelmed the city's drainage systems, leading to severe flooding in multiple neighborhoods. Streets, basements, and parks were inundated, with many areas experiencing water levels not seen in recent memory.

Emergency services were quickly mobilized to address the immediate impact of the floods. Toronto’s Fire Services, along with other first responders and skilled utility teams, as Ontario recently sent 200 workers to Florida to help restore power, were deployed to assist residents affected by the rising waters. Rescue operations were carried out to help people trapped in their homes or vehicles, and temporary shelters were set up for those displaced by the flooding.

The storm's impact was felt across various sectors of the city. Public transportation services were disrupted, as strong gusts led to significant power outages in parts of the region, with numerous subway stations and bus routes affected by the high water levels. Major roads were closed due to flooding, causing significant traffic delays and affecting daily commutes for many residents. Local businesses also faced challenges, with some forced to close their doors as a result of the water damage.

The city's infrastructure bore the brunt of the storm's fury. Several key infrastructure components, including roads, bridges, and utilities, suffered damage. The city's water treatment plants and sewage systems were stressed by the volume of water, raising concerns about potential contamination and the need for extensive maintenance and repair work.

In the wake of the flooding, the Toronto Municipal Government has launched a comprehensive cleanup and recovery effort. The city's Public Works Department is spearheading the operation, focusing on clearing debris, repairing damaged infrastructure, and restoring essential services, as Hydro One crews restore power to hundreds of thousands across Ontario. Teams of workers are diligently addressing the damage to roads and bridges, ensuring that they are safe for use and functioning properly.

Efforts are also underway to assist residents and businesses affected by the flooding. Financial aid and support programs are being implemented to help those who have suffered property damage or loss, including customers affected by Toronto power outages as repairs continue. The city is working closely with insurance companies to facilitate claims and provide relief to those in need.

In addition to the immediate cleanup, there is a heightened focus on evaluating and improving the city's flood management systems. The recent storms have highlighted vulnerabilities in Toronto’s infrastructure, prompting calls for enhanced flood prevention measures. City officials and urban planners are assessing the current drainage systems and exploring ways to bolster their capacity to handle future extreme weather events.

The storms have also sparked discussions about the broader implications of climate change and its impact on urban areas. Experts suggest that increasingly severe weather events, including heavy rainfall and flooding, may become more common, as seen with Houston's extended power outage after severe storms, as global temperatures rise. This has led to a call for more resilient and adaptable infrastructure to better withstand such events.

Community organizations and volunteers have played a vital role in the recovery process. Local groups have come together to support their neighbors, providing assistance with cleanup efforts, distributing supplies, and offering emotional support to those affected by the disaster. Their contributions underscore the importance of community solidarity in times of crisis.

As Toronto works towards recovery, there is a clear recognition of the need for a comprehensive strategy to address both the immediate and long-term challenges posed by severe weather events. The city’s response will involve not only repairing the damage caused by this storm but also investing in infrastructure improvements, drawing lessons from London power outage disruption cases to harden critical systems, and adopting measures to mitigate the impact of future floods.

In summary, the severe storms that recently struck Toronto have led to widespread flooding and significant disruption across the city. The immediate response has involved extensive cleanup efforts, damage assessment, and support for affected residents and businesses. Looking ahead, Toronto faces the challenge of enhancing its flood management systems and preparing for the potential impacts of climate change. The collective efforts of emergency services, city officials, and community members will be crucial in ensuring a swift recovery and building resilience against future storms.

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BCER Renewable Energy Permitting streamlines single-window approvals for wind, solar, and transmission projects in BC, cutting red tape, aligning with CleanBC, and accelerating investment, Indigenous partnerships, and low-carbon infrastructure growth provincewide.

Key Points

BC's single-window framework consolidates approvals for wind, solar, and transmission to accelerate energy projects.

✅ Single-window permits via BC Energy Regulator (BCER)

✅ Covers wind, solar, and high-voltage transmission lines

✅ Aligns with CleanBC, supports Indigenous partnerships

In a decisive move to bolster clean energy initiatives, the government of British Columbia (B.C.) has announced plans to overhaul the regulatory framework governing renewable energy projects. This initiative aims to expedite the development of wind, solar, and other renewable energy sources, positioning B.C. as a leader in sustainable energy production.

Transitioning Regulatory Authority to the BC Energy Regulator (BCER)

Central to this strategy is the proposed legislation, set to be introduced in spring 2025, which will transfer the permitting and regulatory oversight of renewable energy projects, aligning with offshore wind regulation plans at the federal level, from multiple agencies to the BC Energy Regulator (BCER). This transition is designed to create a "single-window" permitting process, simplifying approvals and reducing bureaucratic delays for developers.

Expanding BCER's Mandate

Historically known as the British Columbia Oil and Gas Commission, the BCER's mandate has evolved to encompass a broader range of energy projects. The upcoming legislation will empower the BCER to oversee renewable energy projects, including wind and solar, as well as high-voltage transmission lines like the North Coast Transmission Line (NCTL), in step with renewable transmission planning efforts elsewhere in North America. This expansion aims to streamline the regulatory process, providing developers with a single point of contact throughout the project lifecycle.

Economic and Environmental Implications

The restructuring is expected to unlock significant economic opportunities. Projections suggest that the streamlined process could attract between $5 billion and $6 billion in private investment and complement recent federal grid modernization funding initiatives, generating employment opportunities and fostering economic growth. Moreover, by facilitating the rapid deployment of renewable energy projects, B.C. aims to enhance its clean energy capacity, contributing to global sustainability goals.

Strengthening Partnerships with Indigenous Communities

A pivotal aspect of this initiative is the emphasis on collaboration with Indigenous communities. The government has highlighted the importance of engaging First Nations in the development process, ensuring that projects are not only environmentally sustainable but also socially responsible. This approach seeks to honor Indigenous rights and knowledge, fostering partnerships that benefit all stakeholders.

Supporting Infrastructure Development

The acceleration of renewable energy projects necessitates corresponding infrastructure enhancements. The NCTL, for instance, is crucial for meeting the increased electricity demand from sectors such as mining, port electrification, and hydrogen production, and for addressing regional grid constraints that limit renewable integration. By improving the transmission infrastructure, B.C. aims to support the growing energy needs of these industries while promoting clean energy solutions.

Aligning with CleanBC Objectives

This regulatory overhaul aligns seamlessly with B.C.'s CleanBC initiative, which sets ambitious targets for reducing greenhouse gas emissions and promoting energy efficiency, and supports Canada's goal of zero-emissions electricity by 2035 under active consideration. By removing regulatory barriers and expediting project approvals, the government aims to accelerate the transition to a low-carbon economy, positioning B.C. as a hub for clean energy innovation.

Addressing Potential Challenges

While the initiative has been lauded for its potential, experts caution that careful consideration must be given to environmental assessments and Indigenous consultation processes, as well as to lessons from Alberta's solar expansion challenges on land use and grid impacts. Ensuring that projects meet environmental standards and respect Indigenous rights is crucial for the long-term success and acceptance of renewable energy developments.

The proposed changes mark a significant shift in B.C.'s approach to energy development, reflecting a commitment to sustainability and economic growth. As the legislation moves through the legislative process, stakeholders across the energy sector are closely monitoring developments, particularly as Alberta ends its renewables moratorium and resumes project approvals across the Prairies, anticipating a more efficient and transparent regulatory environment that supports the rapid expansion of renewable energy projects.

B.C.'s plan to streamline the regulatory process for clean energy projects represents a bold step toward a sustainable and prosperous energy future. By consolidating regulatory authority under the BCER, fostering Indigenous partnerships, and aligning with broader environmental objectives, the province is setting a precedent for effective governance in the transition to renewable energy.

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