Bill would halt new coal-fired plants

By Topeka Capital Journal


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The discussion over global climate change found its way into the Statehouse when more than a dozen people testified on a proposed two-year moratorium on the construction of new coal-fired power plants.

The majority of those who testified were for the short-term ban, but one representative said the potential increased cost to consumers and energy companies' efforts to curb environmental risks would probably doom the bill.

For the first hour of a House Energy and Utilities Committee's meeting, legislators heard from those concerned about coal plants as they referenced scientists who say carbon dioxide, caused by burning coal, is one of the key contributors to global warming.

"We should not wait for everyone to get on board before we do the right thing right now," said Wes Jackson, president of The Land Institute, a group that seeks to develop ecologically stable agricultural systems.

But energy companies said the right thing to do would be to vote against any ban.

Wayne Penrod, executive manager of Sunflower Electric Power Corp., said the plants will meet Environmental Protection Agency requirements for carbon emissions and go beyond EPA mandates for mercury pollutants.

The company says the $8 billion project would create 2,000 temporary jobs during construction and another 400 permanent jobs once completed.

"If you pass this bill, you won't simply delay this project we've been working on for years to bring to Kansas, you will kill it," said Earl Watkins, president of Sunflower.

Rep. Oletha Faust-Goudeau, D-Wichita, said her constituency included many low-income residents and asked if a moratorium would cost ratepayers.

Watkins answered without hesitation: "Yes."

Tom Thompson, with the Kansas chapter of the Sierra Club, said other measures, such as energy efficient home improvements, could be used to meet energy needs.

He said that energy companies aren't thinking broadly enough.

"It is not a 'not in my backyard' issue; it is a 'not on my planet' issue," Thompson said.

The old Supreme Court room in the Statehouse was filled with more than 50 people, many of whom wore stickers reading, "Sustainable energy for Kansas. Now is the time."

The 700-megawatt generators proposed by Sunflower would create enough energy to power 775,000 homes.

They would be built near Sunflower's 360-megawatt plant south of Holcomb.

Rep. Tom Sloan, R-Lawrence, said the bill probably won't get through the committee.

"Sunflower's presentation on curbing carbon and mercury emissions make a difference to the community as does Westar and Midwest Energy's testimony about higher costs for ratepayers," he said.

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3 Reasons Why Cheap Abundant Electricity Is Getting Closer To Reality

Renewable Energy Breakthroughs drive quantum dots solar efficiency, Air-gen protein nanowires harvesting humidity, and cellulose membranes for flow batteries, enabling printable photovoltaics, 24/7 clean power, and low-cost grid storage at commercial scale.

 

Key Points

Advances like quantum dot solar, Air-gen, and cellulose flow battery membranes that improve clean power and storage.

✅ Quantum dots raise solar conversion efficiency, are printable

✅ Air-gen harvests electricity from humidity with protein nanowires

✅ Cellulose membranes cut flow battery costs, aid grid storage

 

Science never sleeps. The quest to find new and better ways to do things continues in thousands of laboratories around the world. Today, the global economy is based on the use of electricity, and one analysis shows wind and solar potential could meet 80% of US demand, underscoring what is possible. If there was a way to harness all the energy from the sun that falls on the Earth every day, there would be enough of electricity available to meet the needs of every man, woman, and child on the planet with plenty left over. That day is getting closer all the time. Here are three reasons why.

Quantum Dots Make Better Solar Panels
According to Science Daily, researchers at the University of Queensland have set a new world record for the conversion of solar energy to electricity using quantum dots — which pass electrons between one another and generate electrical current when exposed to solar energy in a solar cell device. The solar devices they developed have beaten the existing solar conversion record by 25%.

“Conventional solar technologies use rigid, expensive materials. The new class of quantum dots the university has developed are flexible and printable,” says professor Lianzhou Wang, who leads the research team. “This opens up a huge range of potential applications, including the possibility to use it as a transparent skin to power cars, planes, homes and wearable technology. Eventually it could play a major part in meeting the United Nations’ goal to increase the share of renewable energy in the global energy mix.”

“This new generation of quantum dots is compatible with more affordable and large-scale printable technologies,” he adds. “The near 25% improvement in efficiency we have achieved over the previous world record is important. It is effectively the difference between quantum dot solar cell technology being an exciting prospect and being commercially viable.” The research was published on January 20 in the journal Nature Energy.

Electricity From Thin Air
Science Daily also reports that researchers at UMass Amherst also have interesting news. They claim they created a device called an Air-gen, short for air powered generator. (Note: recently we reported on other research that makes electricity from rainwater.) The device uses protein nanowires created by a microbe called Geobacter. Those nanowires can generate electricity from thin air by tapping the water vapor present naturally in the atmosphere. “We are literally making electricity out of thin air. The Air-gen generates clean energy 24/7. It’s the most amazing and exciting application of protein nanowires yet,” researchers Jun Yao and Derek Lovely say. There work was published February 17 in the journal Nature.

The new technology developed in Yao’s lab is non-polluting, renewable, and low-cost. It can generate power even in areas with extremely low humidity such as the Sahara Desert. It has significant advantages over other forms of renewable energy including solar and wind, Lovley says, because unlike these other renewable energy sources, the Air-gen does not require sunlight or wind, and “it even works indoors,” a point underscored by ongoing grid challenges that slow full renewable adoption.

Yao says, “The ultimate goal is to make large-scale systems. For example, the technology might be incorporated into wall paint that could help power your home. Or, we may develop stand-alone air-powered generators that supply electricity off the grid, and in parallel others are advancing bio-inspired fuel cells that could complement such devices. Once we get to an industrial scale for wire production, I fully expect that we can make large systems that will make a major contribution to sustainable energy production. This is just the beginning of a new era of protein based electronic devices.”

Improved Membranes For Flow Batteries From Cellulose
Storing energy is almost as important to decarbonizing the environment as making it in the first place, with the rise of affordable solar batteries improving integration.  There are dozens if not hundreds of ways to store electricity and they all work to one degree or another. The difference between which ones are commercially viable and ones that are not often comes down to money.

Flow batteries — one approach among many, including fuel cells for renewable storage — use two liquid electrolytes — one positively charged and one negatively charged — separated by a membrane that allows electrons to pass back and forth between them. The problem is, the liquids are highly corrosive. The membranes used today are expensive — more than $1,300 per square meter.

Phys.org reports that Hongli Zhu, an assistant professor of mechanical and industrial engineering at Northeastern University, has successfully created a membrane for use in flow batteries that is made from cellulose and costs just $147.68 per square meter. Reducing the cost of something by 90% is the kind of news that gets people knocking on your door.

The membrane uses nanocrystals derived from cellulose in combination with a polymer known as polyvinylidene fluoride-hexafluoropropylene.  The naturally derived membrane is especially efficient because its cellular structure contains thousands of hydroxyl groups, which involve bonds of hydrogen and oxygen that make it easy for water to be transported in plants and trees.

In flow batteries, that molecular makeup speeds the transport of protons as they flow through the membrane. “For these materials, one of the challenges is that it is difficult to find a polymer that is proton conductive and that is also a material that is very stable in the flowing acid,” Zhu says.

Cellulose can be extracted from natural sources including algae, solid waste, and bacteria. “A lot of material in nature is a composite, and if we disintegrate its components, we can use it to extract cellulose,” Zhu says. “Like waste from our yard, and a lot of solid waste that we don’t always know what to do with.”

Flow batteries can store large amounts of electricity over long periods of time — provided the membrane between the storage tanks doesn’t break down. To store more electricity, simply make the tanks larger, which makes them ideal for grid storage applications where there is often plenty of room to install them. Slashing the cost of the membrane will make them much more attractive to renewable energy developers and help move the clean energy revolution forward.

The Takeaway
The fossil fuel crazies won’t give up easily. They have too much to lose and couldn’t care less if life on Earth ceases to exist for a few million years, just so long as they get to profit from their investments. But they are experiencing a death of a thousand cuts. None of the breakthroughs discussed above will end thermal power generation all by itself, but all of them, together with hundreds more just like them happening every day, every week, and every month, even as we confront clean energy's hidden costs across supply chains, are slowly writing the epitaph for fossil fuels.

And here’s a further note. A person of Chinese ancestry is the leader of all three research efforts reported on above. These are precisely the people being targeted by the United States government at the moment as it ratchets up its war on immigrants and anybody who cannot trace their ancestry to northern Europe. Imagine for a moment what will happen to America when researchers like them depart for countries where they are welcome instead of despised. 

 

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N.W.T. green energy advocate urges using more electricity for heat

Taltson Hydro Electric Heating directs surplus hydro power in the South Slave to space heat via discounted rates, displacing diesel and cutting greenhouse gas emissions, with rebates, separate metering, and backup systems shaping adoption.

 

Key Points

An initiative using Taltson's surplus hydro to heat buildings, discount rates replace diesel and cut emissions.

✅ 6.3 cents/kWh heating rate needs separate metering, backup heat

✅ 4-6 MW surplus hydro; outages require diesel; rebates available

✅ Program may be curtailed if new mines or mills demand power

 

A Northwest Territories green energy advocate says there's an obvious way to expand demand for electricity in the territory's South Slave region without relying on new mining developments — direct it toward heating.

One of the reasons the N.W.T. has always had some of the highest electricity rates in Canada is that a small number of people have to shoulder the huge costs of hydro facilities and power plants.

But some observers point out that residents consume as much energy for heat as they do for conventional uses of electricity, such as lighting and powering appliances. Right now almost all of that heat is generated by expensive oil imported from the United States.

The Northwest Territories Power Corporation says the 18-megawatt Taltson hydro system that serves the South Slave typically has four to six megawatts of excess generating capacity, even as record demand in Yukon is reported. It says using some of that to generate heat is a government priority.

But renewable energy advocate and former N.W.T. MP Dennis Bevington, who lives in the South Slave and heats his home using electricity, says the government is not making it easy for people to tap into that surplus to heat their homes and businesses, a debate that some say would benefit from independent planning at the national level.

Discount rate for heating, but there are catches
The power corporation offers hydro electricity from Taltson to use for heating at a much lower price than it charges for electricity generally. The discounted rate is not available to residential customers.

According to the corporation, consumers pay only 6.3 cents per kilowatt hour compared to the regular rate of just under 24 cents, while Manitoba Hydro financial pressures highlight the risks of expanding demand without new generation.

But to distinguish between the two, users are required to cover the cost of installing a separate power meter. Bevington, who developed the N.W.T.'s first energy strategy, says that is an unnecessary expense.

Taltson expansion key to reducing N.W.T.'s greenhouse gas emissions, says gov't
"The billing is how you control that," he said. "You establish an average electrical use in the winter months. That could be the base rate. Then, if you use power in the winter months above that, you get the discount."

Users are also required to have a back-up heating system. Taltson hydro power offers heating on the understanding that when the hydro system is down — such as during power outages or annual summer maintenance of the hydro system — electricity is not available for heating.
The president and CEO of the power corporation says there's a good reason for that. "The diesels are more expensive to run and they're actually greenhouse gas emitting," said Noel Voykin. "The whole idea of this [electric heat] program is to provide clean energy that is not otherwise being used."

According to the corporation, there have been huge savings for the few who have tapped into the hydro system to heat their buildings, and across Canada utilities are exploring novel generation such as NB Power's Belledune seawater project to diversify supply.

It's being used to heat Aurora College's Breynat Hall, and Joseph B. Tyrrell Elementary School and the transportation department garage in Fort Smith, N.W.T. Electricity is also used to heat the Jackfish power plant in the North Slave region.

The corporation says that during a four-year period, this saved more than 600,000 litres of diesel fuel and reduced greenhouse gas emissions by about 1,700 tonnes.

Bevington says the most obvious place to expand the use of electrical heat is to government housing.

"We have a hundred public housing units in Fort Smith," he said. "The government is putting diesel into those units [for heating] and they could be putting in their own electricity."

Heating a tiny part of energy market
The corporation says it sells only about 2.5 megawatts of electricity for heating each year, which is less than four per cent of the power it sells in the region. It says with some upgrades, another two megawatts of electricity could be made available for electrical heat.

Bevington says the corporation could do more to market electricity for heating. Voykin said that's the government's job. There are three programs that offer rebates to residents and businesses converting to electric heating.

If you build it, will they come? N.W.T. gov't hopes hydro expansion will attract investment
There are better options than billion dollar Taltson expansion, say energy leaders
There may be a reason why the government and the corporation are not more aggressively promoting using surplus electricity in the Taltson system for heating, as large hydro ambitions have reopened old wounds in places like Quebec and Newfoundland and Labrador during recent debates.

It is anticipating that new industrial customers may require that excess capacity in the coming years, and experiences elsewhere show that accommodating new energy-intensive customers can be challenging for utilities. Voykin said those potential new customers include a proposed mine at Pine Point and a pellet mill in Enterprise, N.W.T., even as biomass use faces environmental pushback in some regions.

The corporation says any surplus power in the system will be sold at standard rates to any new industrial customers instead of at discount rates for heating. If that requires cutting back on the heating program, it will be cut back.

 

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BC Hydro rebate and B.C. Affordability Credit coming as David Eby sworn in as premier

BC Affordability & BC Hydro Bill Credits provide inflation relief and cost of living support, lowering electricity bills for families and small businesses through automatic utility credits and income-tested tax rebates across British Columbia.

 

Key Points

BC relief lowering electricity bills and offering rebates to help families and businesses facing inflation.

✅ $100 credit for residential BC Hydro users; applied automatically.

✅ Avg $500 bill credit for small and medium commercial customers.

✅ Income-based BC Affordability Credit via CRA in January.

 

The new B.C. premier announced on Friday morning families and small businesses in B.C. will get a one-time cost of living credit on their BC Hydro bill this fall, and a new B.C. Affordability Credit in January.

Eby focused on the issue of affordability in his speech following being sworn in as B.C.’s 37th premier, including electricity costs addressed by BC Hydro review recommendations that aim to keep power affordable.

A BC Hydro bill credit of $100 will be provided to all eligible residential and commercial electricity customers, including those who receive their electricity service indirectly from BC Hydro through FortisBC or a municipal utility.

“People and small businesses across B.C. are feeling the squeeze of global inflation,” Eby said.

“It’s a time when people need their government to continue to be there for them. That’s why we’re focused on helping people most impacted by the rising costs we’re seeing around the world – giving people a bit of extra credit, especially at a time of year when expenses can be quick to add up.”

Eby takes over as premier of the province with a growing number of concerns piling up on his plate, even as the province advances grid development and job creation projects to support long-term growth.

Economists in the province have warned of turbulent economic times ahead due to global economic pressures and power supply challenges tied to green energy ambitions.

The one-time $100 cost of living credit works out to approximately one month of electricity for a family living in a detached home or more than two months of electricity for a family living in an apartment.

Commercial ratepayers, including small and medium businesses like restaurants and tourism operators, will receive a one-time bill credit averaging $500 as B.C. expands EV charging infrastructure to accelerate electrification.

The amount will be based on their prior year’s electricity consumption.

British Columbians will have the credit automatically applied to their electricity accounts.

BC Hydro customers will have the credit applied in early December. Customers of FortisBC and municipal utilities will likely begin to see their bill credits applied early in the new year.

‘I proudly and unreservedly turn to the tallest guy in the room’: John Horgan on David Eby

The B.C. Affordability Credit is separate and will be based on income.

Eligible people and families will automatically receive the new credit through the Canada Revenue Agency, the same way the enhanced Climate Action Tax Credit was received in October.

An eligible person making an income of up to $36,901 will receive the maximum BC Affordability Credit with the credit fully phasing out at $79,376.

An eligible family of four with a household income of $43,051 will get the maximum amount, with the credit fully phasing out by $150,051.

This additional support means a family of four can receive up to an additional $410 in early January 2023 to help offset some of the added costs people are facing, while EV owners can access more rebates for home and workplace charging to reduce transportation expenses.

“Look for B.C.’s new Affordability Credit in your bank account in January 2023,” Eby said.

“We know it won’t cover all the bills, but we hope the little bit extra helps folks out this winter.”

Eby’s swearing-in marks a change at the premier’s office but not a shift in focus.

The premier expects to continue on with former premier John Horgan’s mandate with a focus on affordability issues and clean growth supported by green energy investments from both levels of government.

In a ceremony held in the Musqueam Community Centre, Eby made a commitment to make meaningful improvements in the lives of British Columbians and continue work with First Nations communities, with clean-tech growth underscored by the B.C. battery plant announcement made with the prime minister.

The ceremony was the first-ever swearing-in hosted by a First Nation in British Columbia.

“British Columbia is a wonderful place to call home,” Eby said.

“At the same time, people are feeling uncertain about the future and worried about their families. I’m proud of the work done by John Horgan and our government to put people first. And there’s so much more to do. I’m ready to get to work with my team to deliver results that people will be able to see and feel in their lives and in their communities.”

 

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Blackout-Prone California Is Exporting Its Energy Policies To Western States, Electricity Will Become More Costly And Unreliable

California Blackouts expose grid reliability risks as PG&E deenergizes lines during high winds. Mandated solar and wind displace dispatchable natural gas, straining ISO load balancing, transmission maintenance, and battery storage planning amid escalating wildfire liability.

 

Key Points

California grid shutoffs stem from wildfire risk, renewables, and deferred transmission maintenance under mandates.

✅ PG&E deenergizes lines to reduce wildfire ignition during high winds.

✅ Mandated solar and wind displace dispatchable gas, raising balancing costs.

✅ Storage, reliability pricing, and grid upgrades are needed to stabilize supply.

 

California is again facing widespread blackouts this season. Politicians are scrambling to assign blame to Pacific Gas & Electric (PG&E) a heavily regulated utility that can only do what the politically appointed regulators say it can do. In recent years this has meant building a bunch of solar and wind projects, while decommissioning reliable sources of power and scrimping on power line maintenance and upgrades.

The blackouts are connected with the legal liability from old and improperly maintained power lines being blamed for sparking fires—in hopes that deenergizing the grid during high winds reduces the likelihood of fires. 

How did the land of Silicon Valley and Hollywood come to have developing world electricity?

California’s Democratic majority, from Gov. Gavin Newsom to the solidly progressive legislature, to the regulators they appoint, have demanded huge increases in renewable energy. Renewable electricity targets have been pushed up, and policymakers are weighing a revamp of electricity rates to clean the grid, with the state expected to reach a goal of 33% of its power from renewable sources, mostly solar and wind, by next year, and 60% of its electricity from renewables by 2030.

In 2018, 31% of the electricity Californians purchased at the retail level came from approved renewables. But when rooftop solar is added to the mix, about 34% of California’s electricity came from renewables in 2018. Solar photovoltaic (PV) systems installed “behind-the-meter” (BTM) displace utility-supplied generation, but still affect the grid at large, as electricity must be generated at the moment it is consumed. PV installations in California grew 20% from 2017 to 2018, benefiting from the state’s Self-Generation Incentive Program that offers hefty rebates through 2025, as well as a 30% federal tax credit.

Increasingly large amounts of periodic, renewable power comes at a price—the more there is, the more difficult it is to keep the power grid stable and energized. Since electricity must be consumed the instant it is generated, and because wind and solar produce what they will whenever they do, the rest of the grid’s power producers—mostly natural gas plants—have to make up any differences between supply and immediate demand. This load balancing is vital, because without it, the grid will crash and widespread blackouts will ensue.

California often produces a surplus of mandated solar and wind power, generated for 5 to 8 cents per kilowatt hour. This power displaces dispatchable power from natural gas, coal and nuclear plants, resulting in reliable power plants spending less time online and driving up electricity prices as the plants operate for fewer hours of the day. Subsidized and mandated solar power, along with a law passed in California in 2006 (SB 1638) that bans the renewal of coal-fired power contracts, has placed enormous economic pressure on the Western region’s coal power plants—among them, the nation’s largest, Navajo Generating Station. As these plants go off line, the Western power grid will become increasingly unstable. Eventually, the states that share their electric power in the Western Interconnect may have to act to either subsidize dispatchable power or place a value on reliability—something that was taken for granted in the growth of the America’s electrical system and its regulatory scheme.

California law regarding electricity explicitly states that “a violation of the Public Utilities Act is a crime” and that it is “…the intent of the Legislature to provide for the evolution of the ISO (California’s Independent System Operator—the entity that manages California’s grid) into a regional organization to promote the development of regional electricity transmission markets in the western states.” In other words, California expects to dictate how the Western grid operates.

One last note as to what drives much of California’s energy policy: politics. California State Senator Kevin de León (the author served with him in the State Assembly) drafted SB 350, the Clean Energy and Pollution Reduction Act. It became law in 2015. Sen. de León followed up with SB 100 in 2018, signed into law weeks before the 2018 election. SB 100 increased California’s renewable portfolio standard to 60% by 2030 and further requires all the state’s electricity to come from carbon-free sources by 2045, a capstone of the state’s climate policies that factor into the blackout debate.  

Sen. de León used his environmental credentials to burnish his run for the U.S. Senate against Sen. Dianne Feinstein, eventually capturing the endorsements of the California Democratic Party and billionaire environmentalist Tom Steyer, now running for president. Feinstein and de León advanced to the general in California’s jungle primary, where Feinstein won reelection 54.2% to 45.8%.

De León may have lost his race for the U.S. Senate, but his legacy will live on in increasingly unaffordable electricity and blackouts, not only in California, but in the rest of the Western United States—unless federal or state regulators begin to place a value on reliability. This could be done by requiring utility scale renewable power providers to guarantee dispatchable power, as policymakers try to avert a looming shortage of firm capacity, either through purchase agreements with thermal power plants or through the installation of giant and costly battery farms or other energy storage means.

 

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Hydro One launches Ultra-Low Overnight Electricity Price Plan

Ultra-Low Overnight Price Plan delivers flexible electricity pricing from Hydro One and the Ontario Energy Board, with TOU, tiered options, off-peak EV charging savings, balanced billing, and an online calculator to optimize bills.

 

Key Points

An Ontario pricing option with ultra-low night rates, helping Hydro One customers save by shifting usage to off-peak.

✅ Four periods with ultra-low overnight rate for EV charging

✅ Compare TOU vs tiered with Hydro One's online calculator

✅ Balanced billing and due date choice support budget control

 

Hydro One has announced that customers have even more choice and flexibility when it comes to how they are billed for electricity with the company's launch of the Ontario Energy Board's new Ultra-Low Overnight Electricity Price Plan for customers. A new survey of Ontario customers, conducted by Innovative Research Group, shows that 74 per cent of Ontarians find having choice between electricity pricing plans useful.

"As their trusted energy advisor, we want our customers to know we have the insights and tools to help them make the right choice when it comes to their electricity plans," said Teri French, Executive Vice President, Safety, Operations and Customer Experience. "We know that choice and flexibility are important to our customers, and we are proud to now offer them a third option so they can select the plan that best fits their lifestyle."

The same survey revealed that fewer than half of Ontarians are familiar with either tiered or the new ultra-low overnight price plans. To better support its customers Hydro One is providing an online calculator to help them choose which pricing plan best suits their lifestyle. The company also offers additional flexibility and assistance in managing household budgets by providing customers with the ability to choose their billing due date and flatten usage spikes from temperature fluctuations through balanced billing.

During the pandemic, Ontario introduced electricity relief to support families, small businesses and farms, complementing these customer options.

"By offering families and small businesses more choice, we are putting them back in control of their energy bills," said Todd Smith, Minister of Energy. "Starting today Hydro One customers have a new option - the Ultra-Low Electricity Price Plan - which could help them save money each year, while making our province's grid more efficient."

Electricity price plan options

  • New Ultra-Low Overnight price plan (ULO): Designed for customers who use more electricity at night, such as those who charge their electric vehicle, this new price plan can help customers keep costs down and take control of their electricity bill by shifting usage to the ultra-low overnight price period and related off-peak electricity rates when province-wide electricity demand is lower.
  • This plan has four price periods that are the same in the summer as they are in the winter and includes an ultra-low overnight rate.
  • Time-of-Use price plan (TOU): TOU provides customers with more control over their electricity bill by adjusting their usage habits with time-of-use rates used in other jurisdictions as well.
  • In this plan, electricity prices change throughout each weekday, when demand is on-peak, and peak hydro rates can affect overall costs.
  • Tiered price plan (RPP): Tiered pricing provides customers with the flexibility to use electricity at any time of day at the same low price up until the threshold is exceeded during the month, after that usage is charged at a higher price.
  • For residential customers, the winter period (November 1 – April 30) threshold is 1,000 kWh per month and the summer period (May 1 – October 31) threshold is 600 kWh per month. 
  • For small business customers, the threshold is 750 kWh throughout the year, while broader stable electricity pricing supports industrial and commercial companies.

 

 

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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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