Michigan utilities propose more than $20M in EV charging programs

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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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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BC Hydro EV Charging Stations expand provincewide with DC fast chargers, 80% in 30 minutes at 35 c/kWh, easing range anxiety across Vancouver, Vancouver Island, Coquihalla Highway, East Kootenay, between Kamloops and Prince George.

Key Points

Public DC fast-charging network across B.C. enabling 80% charge in 30 minutes to cut EV range anxiety.

✅ 28 new stations added; 30 launched in 2016

✅ 35 c/kWh; about $3.50 per tank equivalent

✅ Coverage: Vancouver, Island, Coquihalla, East Kootenay

B.C. Hydro is expanding its network of electric vehicle charging stations.

The Crown utility says 28 new stations complete the second phase of its fast-charging network and are in addition to the 30 stations opened in 2016.

Thirteen of the stations are in Metro Vancouver, seven are on Vancouver Island, including one at the Pacific Rim Visitor Centre near Tofino, another is in Campbell River, and two have opened on the Coquihalla segment of B.C.'s Electric Highway at the Britton Creek rest area.

A further six stations are located throughout the East Kootenay and B.C. Hydro says the next phase of its program will connect drivers travelling between Kamloops and Prince George, while stations in Prince Rupert are also being planned.

BC Hydro has also opened a fast charging site in Lillooet, illustrating expansion into smaller communities.

Hydro spokeswoman Mora Scott says the stations can charge an electric vehicle to 80 per cent in just 30 minutes, at a cost of 35 cents per kilowatt hour.

Mora Scott says that translates to roughly $3.50 for the equivalent of a full tank of gas in the average four-cylinder car.

“The number of electric vehicles on B.C. roads is increasing, there’s currently around 9,000 across the province, and we actually expect that number to rise to 300,000 by 2030,” Scott says in a news release.

In partnership with municipalities, regional districts and several businesses, B.C. Hydro has been installing charging stations throughout the province since 2012 with support from the provincial and federal governments and programs such as EV charger rebates available to residents.

Scott says the utility wants to ensure the stations are placed where drivers need them so charging options are available provincewide.

“One big thing that we know drivers of electric vehicles worry about is the concept called range anxiety, that the stations aren’t going to be where they need them,” she says.

Several models of electric vehicle are now capable of travelling up to 500 kilometres on a single charge, says Scott.

BC Hydro president Chris O’Riley says the new charging sites will encourage electric vehicle drivers to explore B.C. this summer.

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China Power Rationing disrupts the solar supply chain as coal shortages, price controls, and dual-control emissions policy curb electricity, squeezing polysilicon, aluminum, and module production and raising equipment costs amid surging post-Covid industrial demand.

Key Points

China's electricity curbs from coal shortages, price caps, and emissions targets disrupt solar output and materials.

✅ Polysilicon and aluminum output cut by power rationing

✅ Coal price spikes and power price caps squeeze generators

✅ Dual-control emissions policy triggers provincial curbs

The solar manufacturing supply chain is among the industries being affected by a combination of soaring power demand, coal shortages, and carbon emission reduction measures which have seen widespread power cuts in China.

In Yunnan province, in southwest China, producers of the silicon metal which feeds polysilicon have been operating at 10% of the output they achieved in August. They are expected to continue to do so for the rest of the year as provincial authorities try to control electricity demand with a measure that is also affecting the phosphorus industry.

Fellow solar supply chain members from the aluminum industry in Guangxi province, in the south, have been forced to operate just two days per week, alongside peers in the concrete, steel, lime, and ceramics segments. Manufacturers in neighboring Guangdong have access to normal power supplies only on Fridays and Saturdays with electricity rationed to a 15% grid security load for the rest of the time.

pv magazine USA reported that a Tier 1 solar module manufacturer warned customers in an email that energy shortages in China have forced it to reduce or stop production at its Chinese manufacturing sites. The company warned the event will also affect output from its downstream cell and module production facilities in Southeast Asia.

The memo said that in order to recover from the effects of the “potential Force Majeure event,” it may delay or stop equipment delivery or seek to renegotiate contracts to pass through higher prices.

Raw material sourcing
With reports of drastic power shortages emerging from China in recent days, the country has actually been experiencing problems since late June, and similar pressures have seen India ration coal supplies this year, but rationing is not unusual during the peak summer hours.

What has changed this time is that the outages have continued and prompted rationing measures across 19 of the nation’s provinces for the rest of the year. The problems have been caused by a combination of rising post-Covid electricity demand at a time when the politically-motivated ban on imports of Australian coal has tightened supply; and the manner in which Beijing controls power prices, with the situation further exacerbated by carbon emissions reduction policy.

Demand
Electricity demand from industry, underscoring China’s electricity appetite, was 13.5 percentage points higher in the first eight months of the year than in the same period of 2020, at 3,585 TWh. That reflected a 13.8% year-on-year rise in total consumption, following earlier power demand drops when coronavirus shuttered plants, to 5.47 PWh, according to data from state energy industry trade body the China Electricity Council.

Figures produced by the China General Administration of Customs tell the same story: a rebound driven by the global recovery from the pandemic, as global power demand surges above pre-pandemic levels, with China recording import and export trade worth RMB2.48 trillion ($385 billion) in January-to-August. That was up 23.7% on the same period of last year and 22.8% higher than in the first eight months of 2019.

With Beijing having enforced an unofficial ban on imports of Australian coal for the last year or so – as the result of an ongoing diplomatic spat with Australia – rising demand for coal (which provided around 73% of Chinese electricity in the first half of the year) has further raised prices for the fossil fuel.

The problem for Chinese coal-fired power generators is that Beijing maintains strict controls on the price of electricity. As a result, input costs cannot be passed on to consumers. The mismatch between a liberalized coal market and centrally controlled end-user prices is illustrated by the current situation in Guangdong. There, a coal price of RMB1,560 per ton ($242) has pushed the cost of coal-fired electricity up to RMB0.472 per kilowatt-hour ($0.073). With coal power companies facing an electricity price ceiling of around RMB0.463/kWh ($0.071), generators are losing around RMB0.12 for every kilowatt-hour they generate. In that situation, rationing electricity supplies is an obvious remedy.

The crisis has been worsened by the introduction of China’s “dual control” energy policy, which aims to help meet President Xi Jinping’s climate change pledge of hitting peak carbon emissions this decade and a net zero economy by 2060, and to reduce coal power production over time. Dual control refers to attempts to wind down greenhouse gas emissions at both a national level and in more local areas, such as provinces and cities.

Red status
With the finer details of the carbon reduction policy yet to be ironed out, government departments and provincial and city authorities have started to set their own emission-reduction targets. In mid-August, state planning body the China National Development and Reform Commission (NDRC) published a table of the energy control situation across the nation. With nine provinces marked red for their energy consumption, and a further 10 highlighted as yellow, officials received another motivation to introduce power rationing.

China’s solar industry is being impacted by coal shortages for electric power generation. In this 2014 photo, a thermal generating plant’s cooling towers loom over a street in Henan Province.
Image: flickr/V.T. Polywoda

The current approach of rolling blackouts seems unlikely to be a sustainable solution, as surging electricity demand strains power systems worldwide, given the damage it could inflict on industry and the resentment it would cause in parts of the nation already preparing for winter.

The choice facing China’s policymakers is whether to ramp up coal supplies to force prices down by using decommissioned domestic supplies and halting the ban on Australian imports, or to raise electricity prices to prompt generators to get the lights back on. While the drawbacks of raising household electricity bills seem obvious, the first approach of using more coal could endanger the nation’s climate change commitments on the even of the COP26 meeting in Glasgow, Scotland, in November. Sources close to the NDRC have suggested the electricity price may be set to rise soon.

GDP
What is clear is the effect the energy crisis is having on the Chinese economy and on the solar supply chain. Leading up to a  national day holiday in China, the coal price in northern China rose to around RMB2,000 per ton ($310), three times higher than at the beginning of the year.

Investment bank China International Capital Corp. blamed the dual control emission reduction policy for the electricity shortages. It predicted a 0.1-0.15 percentage point impact on economic growth in the last quarter of 2021.  Morgan Stanley has put that figure at 1% in the current quarter, if industrial output restrictions continue. And Japan’s Nomura Securities revised down its annual forecast on Chinese growth from 8.2% to 7.7%. It now expects GDP gains in the third and fourth quarters to cool from 5.1% to 4.7%, and from 4.4% to 3%, respectively.

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BC Hydro Rate Freeze Rejection details the BCUC decision enabling a 3% rate increase, citing revenue requirements, debt, and capital costs, affecting electricity bills, with NDP government proposing lifeline rates and low-income relief.

Key Points

It is the BCUC ruling allowing a 3% BC Hydro rate hike, citing cost recovery, debt, and capital needs.

✅ BCUC rejects freeze; 3% increase proceeds April 1, 2018

✅ Rationale: cost recovery, debt, capital expenditures

✅ Relief: lifeline rate, $600 grants, winter payment plan

The B.C. Utilities Commission has rejected a request by the provincial government to freeze rates at BC Hydro for the coming year, meaning a pending rate increase of three percent will come into effect as higher BC Hydro rates on April 1, 2018.

BC Hydro had asked for the three per cent increase, aligning with a rate increase proposal that would add about $2 a month, but, last year, Energy Minister Michelle Mungall directed the Crown corporation to resubmit its request in order to meet an NDP election promise.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," she said at the time.

However, the utilities commission found there was "insufficient regulatory justification to approve the zero per cent rate increase."

"Even these increases do not fully recover B.C. Hydro's forecast revenue requirement, which includes items such as operating costs, new capital expenditures and carrying costs on capital expenditures," the commission wrote in a news release.

Mungall said she was disappointed by the decision.

"We were always clear we were going to the BCUC. We need to respect the role the BCUC has here for the ratepayers and for the public. I'm very disappointed obviously with their decision."

Mungall blamed the previous government for leaving BC Hydro in a financial state where a rate freeze was ultimately not possible.

Last month, Moody's Investors Service calculated BC Hydro's total debt at $22 billion and said it was one of the province's two credit challenges going forward.

"There's quite a financial mess that is a B.C. Liberal legacy after 16 years of government. We have the responsibility as a new government to clean that up."

B.C. Liberal leader Andrew Wilkinson said it was an example of the new government not living up to its campaign promises.

"British Columbians, particularly those on fixed incomes, believed the B.C. NDP when they promised a freeze on hydro bills. They planned accordingly and are now left in the lurch and face higher expenses. This is a government that stumbles into messes that cost all of us because they put rhetoric ahead of planning," he said.

Help on the way?

With the freeze being rejected, Mungall said the government would be going forward on other initiatives to help low-income ratepayers, as advocates' call for change after a fund surplus, including:

Legislating a "lifeline rate" program, allowing people with "demonstrated need" to apply for a lower rate for electricity.

Starting in May, providing an emergency grant of $600 for customers who have an outstanding BC Hydro bill.

Hydro's annual winter payment plan also allows people the chance to spread the payment of bills from December to February out over six months, and, with a two-year rate increase on the horizon, a new pilot program to help people paying their bills begins in July.

Mungall couldn't say whether the government would apply for rate freezes in the future.

"I don't have a crystal ball, and can't predict what might happen in two or three years from now, but we need to act swiftly now," she said.

"I appreciate the [BCUC's] rationale, I understand it, and we'll be moving forward with other alternatives for making life more affordable."

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Alberta Electricity Price Surge reflects soaring wholesale rates, natural gas spikes, carbon tax pressures, and grid decarbonization challenges amid cold-weather demand, constrained supply, and Europe-style energy crisis impacts across the province.

Key Points

An exceptional jump in Alberta's power costs driven by gas price spikes, high demand, policy costs, and tight supply.

✅ Wholesale prices averaged $123/MWh in December

✅ Gas costs surged; supply constraints and outages

✅ Carbon tax and decarbonization policies raised costs

Albertans just endured the highest electricity prices in 21 years. Wholesale prices averaged $123 per megawatt-hour in December, more than triple the level from the previous year and highest for December since 2000.

The situation in Alberta mirrors the energy crisis striking Europe where electricity prices are also surging, largely due to a shocking five-fold increase in natural gas prices in 2021 compared to the prior year.

The situation should give pause to Albertans when they consider aggressive plans to “decarbonize” the electric grid, including proposals for a fully renewable grid by 2030 from some policymakers.

The explanation for skyrocketing energy prices is simple: increased demand (because of Calgary's frigid February demand and a slowly-reviving post-pandemic economy) coupled with constrained supply.

In the nitty gritty details, there are always particular transitory causes, such as disputes with Russian gas companies (in the case of Europe) or plant outages (in the case of Alberta).

But beyond these fleeting factors, there are more permanent systemic constraints on natural gas (and even more so, coal-fired) power plants.

I refer of course to the climate change policies of the Trudeau government at the federal level and some of the more aggressive provincial governments, which have notable implications for electricity grids across Canada.

The most obvious example is the carbon tax, the repeal of which Premier Jason Kenney made a staple of his government.

Putting aside the constitutional issues (on which the Supreme Court ruled in March of last year that the federal government could impose a carbon tax on Alberta), the obvious economic impact will be to make carbon-sourced electricity more expensive.

This isn’t a bug or undesired side-effect, it’s the explicit purpose of a carbon tax.

Right now, the federal carbon tax is $40 per tonne, is scheduled to increase to $50 in April, and will ultimately max out at a whopping $170 per tonne in 2030.

Again, the conscious rationale of the tax, aligned with goals for cleaning up Canada's electricity, is to make coal, oil and natural gas more expensive to induce consumers and businesses to use alternative energy sources.

As Albertans experience sticker shock this winter, they should ask themselves — do we want the government intentionally making electricity and heating oil more expensive?

Of course, the proponent of a carbon tax (and other measures designed to shift Canadians away from carbon-based fuels) would respond that it’s a necessary measure in the fight against climate change, and that Canada will need more electricity to hit net-zero according to the IEA.

Yet the reality is that Canada is a bit player on the world stage when it comes to carbon dioxide, responsible for only 1.5% of global emissions (as of 2018).

As reported at this “climate tracker” website, if we look at the actual policies put in place by governments around the world, they’re collectively on track for the Earth to warm 2.7 degrees Celsius by 2100, far above the official target codified in the Paris Agreement.

Canadians can’t do much to alter the global temperature, but federal and provincial governments can make energy more expensive if policymakers so choose, and large-scale electrification could be costly—the Canadian Gas Association warns of $1.4 trillion— if pursued rapidly.

As renewable technologies become more reliable and affordable, business and consumers will naturally adopt them; it didn’t take a “manure tax” to force people to use cars rather than horses.

As official policy continues to make electricity more expensive, Albertans should ask if this approach is really worth it, or whether options like bridging the Alberta-B.C. electricity gap could better balance costs.

Robert P. Murphy is a senior fellow at the Fraser Institute.

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