Mexican president's contentious electricity overhaul defeated in Congress

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

Key Points

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

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Inventoried Energy Program pays ISO-NE generators for fuel security to boost winter reliability, with FERC approval, covering fossil, nuclear, hydropower, and batteries, complementing capacity markets to enhance grid resilience during severe cold snaps.

Key Points

ISO-NE program paying generators to hold fuel or energy reserves for emergencies, boosting winter reliability.

✅ FERC-approved stopgap for 2023 and 2024 winter seasons

✅ Pays for on-site fuel or stored energy during cold-trigger events

✅ Open to fossil, nuclear, hydro, batteries; limited gas participation

Electricity ratepayers in New England will pay tens of millions of dollars to fossil fuel and nuclear power plants later this decade under a program that proponents say is needed to keep the lights on during severe winters but which critics call a subsidy with little benefit to consumers or the grid, even as Connecticut is pushing a market overhaul across the region.

Last week the Federal Energy Regulatory Commission said ISO-New England, which runs the six-state power grid, can create what it calls the Inventoried Energy Program or IEP. This basically will pay certain power plants to stockpile of fuel for use in emergencies during two upcoming winters as longer-term solutions are developed.

The federal commission called it a reasonable short-term solution to avoid brownouts which doesn’t favor any given technology.

Not all agree, however, including FERC Commissioner Richard Glick, who wrote a fiery dissent to the other three commissioners.

“The program will hand out tens of millions of dollars to nuclear, coal and hydropower generators without any indication that those payments will cause the slightest change in those generators’ behavior,” Glick wrote. “Handing out money for nothing is a windfall, not a just and reasonable rate.”

The program is the latest reaction by ISO-NE to the winter of 2013-14 when New England almost saw brownouts because of a shortage of natural gas to create electricity during a pair of week-long deep freezes.

ISO-New England says the situation is more critical now because of the possible retirement of the gas-fired Mystic Generating Station in Massachusetts. As with closed nuclear plants such as Vermont Yankee and Pilgrim in Massachusetts, power plant owners say lower electricity prices, partly due to cheap renewables and partly to stagnant demand, means they can’t be profitable just by selling power.

Programs like the IEP are meant to subsidize such plants – “incentivize” is the industry term – even though some argue there is no need to subsidize nuclear in deregulated markets so they’ll stay open if they are needed.

The IEP approved last week will be applied to the winters of 2023 and 2024, after a different subsidy program expires. It sets prices, despite warnings about rushing pricing changes from industry groups, for stocking certain amounts of fuel and payments during any “trigger” event, defined as a day when the average of high and low temperatures at Bradley International Airport in Connecticut is no more than 17 degrees Fahrenheit.

These payments will be made on top of a complex system of grid auctions used to decide how much various plants get paid for generating electricity at which times.

ISO-NE estimates the new program will cost between $102 million and $148 million each winter, depending on weather and market conditions.

It says the payments are open to plants that burn oil, coal, nuclear fuel, wood chips or trash; utility-scale battery storage facilities; and hydropower dams “that store water in a pond or reservoir.” Natural gas plants can participate if they guarantee to have fuel available, but that seems less likely because of winter heating contracts.

A major complaint and groups that filed petitions opposing the project is that ISO-NE presented little supporting evidence of how prices, amount and overall cost were determined. ISO-NE argued that there wasn’t time for such analysis before the Mystic shutdown, and FERC agreed.

“The proposal is a step in the right direction … while ISO-NE finishes developing a long-term market solution,” the commission said in its ruling.

The program is the latest example of complexities facing the nation’s electricity system evolves in the face of solar and wind power, which produce electricity so cheaply that they can render traditional power uneconomic but which can’t always produce power on demand, prompting discussions of Texas grid improvements among policymakers. Another major factor is climate change, which has increased the pressure to support renewable alternatives to plants that burn fossil fuels, as well as stagnant electricity demand caused by increased efficiency.

Opponents, including many environmental groups, say electricity utilities and regulators are too quick to prop up existing systems, as the 145-mile Maine transmission line debate shows, built when electricity was sent one way from a few big plants to many customers. They argue that to combat climate change as well as limit cost, the emphasis must be on developing “non-wire alternatives” such as smart systems for controlling demand, in order to take advantage of the current system in which electricity goes two ways, such as from rooftop solar back into the grid.

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SDG7 Energy Progress Report assesses global energy access, renewables, clean cooking, and efficiency, citing COVID-19 setbacks, financing needs, and UN-led action by IEA, IRENA, World Bank, and WHO to advance sustainable, reliable, affordable power.

Key Points

A joint study by IEA, IRENA, UN, World Bank, and WHO tracking energy access, renewables, efficiency, and financing gaps.

✅ Tracks disparities in electricity access amid COVID-19 setbacks

✅ Emphasizes renewables, clean cooking, and efficiency targets

✅ Calls for scaled public finance to unlock private investment

The seventh Sustainable Development Goal (SDG), SDG7, aims to ensure access to affordable, reliable, sustainable and modern energy for all.  

However, those nations which remain most off the grid, are set to enter 2030 without meeting this goal unless efforts are significantly scaled up, warns the new study entitled Tracking SDG 7: The Energy Progress Report, published by the International Energy Agency (IAE), International Renewable Energy Agency (IRENA), UN Department of Economic and Social Affairs (UN DESA), World Bank, and World Health Organization (WHO). 

“Moving towards scaling up clean and sustainable energy is key to protect human health and to promote healthier populations, particularly in remote and rural areas”, said Maria Neira, WHO Director of the Department of Environment, Climate Change and Health.  

COVID setbacks 
The report outlines significant but unequal progress on SDG7, noting that while more than one billion people globally gained access to electricity over the last decade, COVID’s financial impact so far, has made basic electricity services unaffordable for 30 million others, mostly in Africa, intensifying calls for funding for access to electricity across the region.  

“The Tracking SDG7 report shows that 90 per cent of the global population now has access to electricity, but disparities exacerbated by the pandemic, if left unaddressed, may keep the sustainable energy goal out of reach, jeopardizing other SDGs and the Paris Agreement’s objectives”, said Mari Pangestu, Managing Director of Development Policy and Partnerships at the World Bank. 

While the report also finds that the COVID-19 pandemic has reversed some progress, Stefan Schweinfest, DESA’s Director of the Statistics Division, pointed out that this has presented “opportunities to integrate SDG 7-related policies in recovery packages and thus to scale up sustainable development”. 

Modernizing renewables 
The publication examines ways to bridge gaps to reach SDG7, chief among them the scaling up of renewables, as outlined in the IRENA renewables report, which have proven more resilient than other parts of the energy sector during the COVID-19 crisis. 

While sub-Saharan Africa, facing a major electricity challenge, has the largest share of renewable sources in its energy supply, they are far from “clean” – 85 per cent use biomass, such as burning wood, crops and manure. 

“On a global path to achieving net-zero emissions by 2050, we can reach key sustainable energy targets by 2030, aligning with renewable ambition in NDCs as we expand renewables in all sectors and increase energy efficiency”, said IAE Executive Director, Fatih Birol.  

And although the private sector continues to source clean energy investments, the public sector remains a major financing source, central in leveraging private capital, particularly in developing countries, including efforts to put Africa on a path to universal electricity access, and in a post-COVID context. 

Amid the COVID-19 pandemic, which has dramatically increased investors’ risk perception and shifting priorities in developing countries, international financial flows in public investment terms, are more critical than ever to underpin a green energy recovery that can leverage the investment levels needed to reach SDG 7, according to the report.   

“Greater efforts to mobilize and scale up investment are essential to ensure that energy access progress continues in developing economies”, he added.  

Scaling up clean and sustainable energy is key to protect human health -- WHO's Maria Neira

Other key targets 
The report highlighted other crucial actions needed on clean cooking, energy efficiency and international financial flows. 

A healthy and green recovery from COVID-19 includes the importance of ensuring a quick transition to clean and sustainable energy”, said Dr. Neira. 

Feeding into autumn summit 
This seventh edition of the report formerly known as the Global Tracking Framework comes at a crucial time as Governments and others are gearing up for the UN High-level Dialogue on Energy in September 2021 aimed to examine what is needed to achieve SDG7 by 2030, including discussions on fossil fuel phase-out strategies, and mobilize voluntary commitments and actions through Energy Compacts.  

The report will inform the summit-level meeting on the current progress towards SDG 7, “four decades after the last high-level event dedicated to energy under the auspices of UN General Assembly”, said Mr. Schweinfest. 

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Fukushima Daiichi decommissioning delay highlights TEPCO's revised timeline, spent fuel removal at Units 1 and 2, safety enclosures, decontamination, fuel debris extraction by robot arm, and contaminated water management under stricter radiation control.

Key Points

A government revised schedule pushing back spent fuel removal and decommissioning milestones at Fukushima Daiichi.

✅ TEPCO delays spent fuel removal at Units 1 and 2 for safety.

✅ Enclosures, decontamination, and robotics mitigate radioactive risk.

✅ Contaminated water cut target: 170 tons/day to 100 by 2025.

The Japanese government decided Friday to delay the removal of spent fuel from the Fukushima Daiichi nuclear power plant's Nos. 1 and 2 reactors by as much as five years, casting doubt on whether it can stick to its timeframe for dismantling the crippled complex.

The process of removing the spent fuel from the units' pools had previously been scheduled to begin in the year through March 2024.

In its latest decommissioning plan, the government said the plant's operator, Tokyo Electric Power Company Holdings Inc., will not begin the roughly two-year process (a timeline comparable to major reactor refurbishment programs seen worldwide) at the No. 1 unit at least until the year through March 2028 and may wait until the year through March 2029.

Work at the No. 2 unit is now slated to start between the year through March 2025 and the year through March 2027, it said.

The delay is necessary to take further safety precautions such as the construction of an enclosure around the No. 1 unit to prevent the spread of radioactive dust, and decontamination of the No. 2 unit, even as authorities have begun reopening previously off-limits towns nearby, the government said. It is the fourth time it has revised its schedule for removing the spent fuel rods.

"It's a very difficult process and it's hard to know what to expect. The most important thing is the safety of the workers and the surrounding area," industry minister Hiroshi Kajiyama told a press conference.

The government set a new goal of finishing the removal of the 4,741 spent fuel rods across all six of the plant's reactors by the year through March 2032, amid ongoing debates about the consequences of early nuclear plant closures elsewhere.

Plant operator TEPCO has started the process at the No. 3 unit and already finished at the No. 4 unit, which was off-line for regular maintenance at the time of the disaster. A schedule has yet to be set for the Nos. 5 and 6 reactors.

While the government maintained its overarching timeframe of finishing the decommissioning of the plant 30 to 40 years from the 2011 crisis triggered by a magnitude 9.0 earthquake and tsunami, there may be further delays, even as milestones at other nuclear projects are being reached worldwide.

The government said it will begin removing fuel debris from the three reactors that experienced core meltdowns in the year through March 2022, starting with the No. 2 unit as part of broader reactor decommissioning efforts.

The process, considered the most difficult part of the decommissioning plan, will involve using a robot arm, reflecting progress in advanced reactors technologies, to initially remove small amounts of debris, moving up to larger amounts.

The government also said it will aim to reduce the pace at which contaminated water at the plant increases. Water for cooling the melted cores, mixed with underground water, amounts to around 170 tons a day. That number will be brought down to 100 tons by 2025, it said.

The water is being treated to remove the most radioactive materials and stored in tanks on the plant's grounds, but already more than 1 million tons has been collected and space is expected to run out by the summer of 2022.

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California Renewable Energy Curtailment highlights grid congestion, midday solar peaks, limited battery storage, and market constraints, with WEIM participation and demand response programs proposed to balance supply-demand and reduce wasted solar and wind generation.

Key Points

It is the deliberate reduction of solar and wind output when grid limits or low demand prevent full integration.

✅ Grid congestion restricts transmission capacity

✅ Midday solar peaks exceed demand, causing surplus

✅ Storage, WEIM, and demand response mitigate curtailment

California has long been a leader in renewable energy adoption, achieving a near-100% renewable milestone in recent years, particularly in solar and wind power. However, as the state continues to expand its renewable energy capacity, it faces a growing challenge: the curtailment of excess solar and wind energy. Curtailment refers to the deliberate reduction of power output from renewable sources when the supply exceeds demand or when the grid cannot accommodate the additional electricity.

Increasing Curtailment Trends

Recent data from the U.S. Energy Information Administration (EIA) highlights a concerning upward trend in curtailments in California. In 2024, the state curtailed a total of 3,102 gigawatt-hours (GWh) of electricity generated from solar and wind sources, surpassing the 2023 total of 2,660 GWh. This represents a 32.4% increase from the previous year. Specifically, 2,892 GWh were from solar, and 210 GWh were from wind, marking increases of 31.2% and 51.1%, respectively, compared to the first nine months of 2023.

Causes of Increased Curtailment

Several factors contribute to the rising levels of curtailment:

1. Grid Congestion: California's transmission infrastructure has struggled to keep pace with the rapid growth of renewable energy sources. This congestion limits the ability to transport electricity from generation sites to demand centers, leading to curtailment.
   
   

2. Midday Solar Peaks: Amid California's solar boom, solar energy production typically peaks during the midday when electricity demand is lower. This mismatch between supply and demand results in excess energy that cannot be utilized, necessitating curtailment.
   
   

3. Limited Energy Storage: While battery storage technologies are advancing, California's current storage capacity is insufficient to absorb and store excess renewable energy for later use. This limitation exacerbates curtailment issues.
   
   

4. Regulatory and Market Constraints: Existing market structures and regulatory frameworks may not fully accommodate the rapid influx of renewable energy, leading to inefficiencies and increased curtailment.

Economic and Environmental Implications

Curtailment has significant economic and environmental consequences. For renewable energy producers, curtailed energy represents lost revenue and undermines the economic viability of new projects. Environmentally, curtailment means that clean, renewable energy is wasted, and the grid may rely more heavily on fossil fuels to meet demand, counteracting the benefits of renewable energy adoption.

Mitigation Strategies

To address the rising curtailment levels, California is exploring several strategies aligned with broader decarbonization goals across the U.S.:

• Grid Modernization: Investing in and upgrading transmission infrastructure to alleviate congestion and improve the integration of renewable energy sources.
  
  

• Energy Storage Expansion: Increasing the deployment of battery storage systems to store excess energy during peak production times and release it during periods of high demand.
  
  

• Market Reforms: Participating in the Western Energy Imbalance Market (WEIM), a real-time energy market that allows for the balancing of supply and demand across a broader region, helping to reduce curtailment.
  
  

• Demand Response Programs: Implementing programs that encourage consumers to adjust their energy usage patterns, such as shifting electricity use to times when renewable energy is abundant.

Looking Ahead

As California continues to expand its renewable energy capacity, addressing curtailment will be crucial to ensuring the effectiveness and sustainability of its energy transition. By investing in grid infrastructure, energy storage, and market reforms, the state can reduce curtailment levels and make better use of its renewable energy resources, while managing challenges like wildfire smoke impacts on solar output. These efforts will not only enhance the economic viability of renewable energy projects but also contribute to California's 100% clean energy targets by maximizing the use of clean energy and reducing reliance on fossil fuels.

While California's renewable energy sector faces challenges related to curtailment, proactive measures and strategic investments can mitigate these issues, as scientists continue to improve solar and wind power through innovation, paving the way for a more sustainable and efficient energy future.

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Alberta Electricity Price Hikes spotlight grid reliability, renewable transition, coal phase-out, and energy poverty, as policy shifts and investor reports warn of rate increases, biomass trade-offs, and sustainability challenges impacting households and businesses.

Key Points

Projected power bill hikes from market reforms, renewables, coal phase-out, and reliability costs in Alberta.

✅ Investor report projects 3x-7x bills and $50B market transition costs

✅ Policy missteps cited in Ontario, Germany, Australia price spikes

✅ Debate: retain coal vs. speed renewables, storage, and grid upgrades

Since when did electricity become a scarce resource?

I thought all the talk about greening the grid was about having renewable, sustainable, less polluting options to fulfill our growing need for power. Yet, increasingly, we are faced with news stories that indicate using power is bad in and of itself, even as flat electricity demand worries utilities.

The implication, I guess, is that we should be using less of it. But, I don’t want to use less electricity. I want to be able to watch TV, turn my lights on when the sun sets at 4 p.m. in the winter, keep my food cold and power my devices.

We once had a consensus that a reliable supply of power was essential to a growing economy and a high quality of life, a point underscored by brownout risks in U.S. markets.

I’m beginning to wonder if we still have that consensus.

And more importantly, if our decision makers have determined electricity is a vice as opposed to an essential of life – as debates over Alberta electricity policy suggest – you know what is going to happen next. Prices are going to rise, forcing all of us to use less.

How much would it hurt your bottom line if your electricity bill went up three-fold? How about seven-fold? That is the grim picture that Todd Beasley painted for us on Tuesday’s show.

Last week, he launched a campaign on behalf of Albertans for Sustainable Electricity, called Stop the Shock. He shared the results of an internal investor report that concluded Alberta’s power market overhaul would cost an estimated $50 billion to implement and could result in a three to seven-fold increase in electricity bills.

Now, my typical power bill averages $70 a month. That would be like having it grow to $210 a month, or just over $2,500 a year. If it’s a seven-fold increase that would be more like $5,000 a year. That may be manageable for some families, but I can think of a lot of things I’d rather do with $5,000 than pay more to keep my fridge running so my food doesn’t spoil.

For low-income families that would be a real hardship.

Beasley said Ontario’s inept handling of its electricity market and the phase-out of coal power resulted in price spikes that left more than 70,000 individuals facing energy poverty.

Germany and Australia realized they made the same mistake and are returning some electricity to coal.

Beasley shared a long list of Canadian firms – including our own Canadian Pension Plan – that are investing in coal development around the world. Meanwhile, Canadian governments remain in a mad rush to phase it out here. That’s not the only hypocrisy.

Rupert Darwall, author of Green Tyranny: Exposing the Totalitarian Roots of the Climate Industrial Complex, revealed in a recent column what he calls “the scandal at the heart of the EU’s renewable policies.”

Turns out most of their expansion in renewable energy has come from biomass in the form of wood. Not only does burning wood produce more CO2, it also eliminates carbon sinks.

To meet the EU’s 2030 target would require cutting down trees equivalent to the combined harvest in Canada and the United States. As he puts it, “Whichever way you look at it, burning the world’s carbon sinks to meet the EU’s arbitrary renewable energy targets is environmentally insane.”

Beasley’s group is trying to bring some sanity back to the discussion. The goal should be to move to a greener grid while maintaining abundant, reliable and cheap power, and examples like Texas grid improvements show practical steps. He thinks to achieve all these goals, coal should remain part of the mix. What do you think?

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