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Three Mile Island Nuclear Debate spotlights subsidies, carbon pricing, wholesale power markets, grid reliability, and zero-emissions goals as Pennsylvania weighs keeping Exelon's reactor open amid natural gas competition and flat electricity demand.

Key Points

Debate over subsidies, carbon pricing, and grid reliability shaping Three Mile Island's zero-emissions future.

✅ Zero emissions credits vs market integrity

✅ Carbon pricing to value clean baseload power

✅ Closure risks jobs, tax revenue, and reliability

Three Mile Island is at the center of a new conversation about the future of nuclear energy in the United States nearly 40 years after a partial meltdown at the Central Pennsylvania plant sparked a national debate about the safety of nuclear power.

The site is slated to close in just two years, a closure plan Exelon has signaled, unless Pennsylvania or a regional power transmission operator delivers some form of financial relief, says Exelon, the Chicago-based power company that operates the plant.

That has drawn the Keystone State into a growing debate: whether to let struggling nuclear plants shut down if they cannot compete in the regional wholesale markets where energy is bought and sold, or adopt measures to keep them in the business of generating power without greenhouse gas emissions.

""The old compromise — that in order to have a reliable, affordable electric system you had to deal with a significant amount of air pollution — is a compromise our new customers today don't want to hear about.""
-Joseph Dominguez, Exelon executive vice president
Nuclear power plants produce about two-thirds of the country's zero-emissions electricity, a role many view as essential to net-zero emissions goals for the grid.

The debate is playing out as some regions consider putting a price on planet-warming carbon emissions produced by some power generators, which would raise their costs and make nuclear plants like Three Mile Island more viable, and developments such as Europe's nuclear losses highlight broader energy security concerns.

States that allow nuclear facilities to close need to think carefully because once a reactor is powered down, there's no turning back, said Jake Smeltz, chief of staff for Pennsylvania State Sen. Ryan Aument, who chairs the state's Nuclear Energy Caucus.

"If we wave goodbye to a nuclear station, it's a permanent goodbye because we don't mothball them. We decommission them," he told CNBC.

Three Mile Island's closure would eliminate more than 800 megawatts of electricity output. That's roughly 10 percent of Pennsylvania's zero-emissions energy generation, by Exelon's calculation. Replacing that with fossil fuel-fired power would be like putting roughly 10 million cars on the road, it estimates.

A closure would also shed about 650 well-paying jobs, putting the just transition challenge in focus for local workers and communities, tied to about $60 million in wages per year. Dauphin County and Londonderry Township, a rural area on the Susquehanna River where the plant is based, stand to lose $1 million in annual tax revenue that funds schools and municipalities. The 1,000 to 1,500 workers who pack local hotels, stores and restaurants every two years for plant maintenance would stop visiting.

Pennsylvanians and lawmakers must now decide whether these considerations warrant throwing Exelon a lifeline. It's a tough sell in the nation's second-largest natural gas-producing state, which already generates more energy than it uses. And time is running out to reach a short-term solution.

"What's meaningful to us is something where we could see the results before we turn in the keys, and we turn in the keys the third quarter of '19," said Joseph Dominguez, Exelon's executive vice president for governmental and regulatory affairs and public policy.

The end of the nuclear age?

The problem for Three Mile Island is the same one facing many of the nation's 60 nuclear plants: They are too expensive to operate.

Financial pressure on these facilities is mounting as power demand remains stagnant due to improved energy efficiency, prices remain low for natural gas-fired generation and costs continue to fall for wind and solar power.

Three Mile Island is something of a special case: The 1979 incident left only one of its two reactors operational, but it still employs about as many people as a plant with two reactors, making it less efficient. In the last three regional auctions, when power generators lock in buyers for their future energy generation, no one bought power from Three Mile Island.

But even dual-reactor plants are facing existential threats. FirstEnergy Corp's Beaver Valley will sell or close its nuclear plant near the Pennsylvania-Ohio border next year as it exits the competitive power-generation business, and facilities like Ohio's Davis-Besse illustrate what's at stake for the region.

Five nuclear power plants have shuttered across the country since 2013. Another six have plans to shut down, and four of those would close well ahead of schedule. An analysis by energy research firm Bloomberg New Energy Finance found that more than half the nation's nuclear plants are facing some form of financial stress.

Today's regional energy markets, engineered to produce energy at the lowest cost to consumers, do not take into account that nuclear power generates so much zero-emission electricity. But Dominguez, the Exelon vice president, said that's out of step with a world increasingly concerned about climate change.

"What we see is increasingly our customers are interested in getting electricity from zero air pollution sources," Dominguez said. "The old compromise — that in order to have a reliable, affordable electric system you had to deal with a significant amount of air pollution — is a compromise our new customers today don't want to hear about."

Strange bedfellows

Faced with the prospect of nuclear plant closures, Chicago and New York have both allowed nuclear reactors to qualify for subsidies called zero emissions credits. Exelon lobbied for the credits, which will benefit some of its nuclear plants in those states.

Even though the plants produce nuclear waste, some environmental groups like the Natural Resources Defense Council supported these plans. That's because they were part of broader packages that promote wind and solar power, and the credits for nuclear are not open-ended. They essentially provide a bridge that keeps zero-emissions power from nuclear reactors on the grid as renewable energy becomes more viable.

Lawmakers in Pennsylvania, Ohio and Connecticut are currently exploring similar options. Jake Smeltz, chief of staff to state Sen. Aument, said legislation could surface in Pennsylvania as soon as this fall. The challenge is to get people to consider the attributes of the sources of their electricity beyond just cost, according to Smeltz.

"Are the plants worth essentially saving? That's a social choice. Do they provide us with something that has benefits beyond the electrons they make? That's the debate that's been happening in other states, and those states say yes," he said.

Subsidies face opposition from anti-nuclear energy groups like Three Mile Island Alert, as well as natural gas trade groups and power producers who compete against Exelon by operating coal and natural gas plants.

"Where we disagree is to have an out-of-market subsidy for one specific company, for a technology that is now proven and mature in our view, at the expense of consumers and the integrity of competitive markets," NRG Energy Mauricio Gutierrez told analysts during a conference call this month.

Smeltz notes that power producers like NRG would fill in the void left by nuclear plants as they continue to shut down.

"The question that I think folks need to answer is are these programs a bailout or is the opposition to the program a payout? Because at the end of the day someone is going to make money. The question is who and how much?" Smeltz said.

Changing the market

Another critic is PJM Interconnection, the regional transmission organization that operates the grid for 13 states, including Pennsylvania, and Washington, D.C.

The subsidies distort price formation and inject uncertainty into the markets, says Stu Bresler, senior vice president in charge of operations and markets at PJM.

The danger PJM sees is that each new subsidy creates a precedent for government intervention. The uncertainty makes it harder for investors to determine what sort of power generation is a sound investment in the region, Bresler explained. Those investors could simply decide to put their capital to work in other energy markets where the regulatory outlook is more stable, ultimately leading to underinvestment in places where government intervenes, he added.

Three Mile Island nuclear power plant, Londonderry Township, Pennsylvania
PJM believes longer-term, regional approaches are more appropriate. It has produced research that outlines how coal plants and nuclear energy, which provide the type of stable energy that is still necessary for reliable power supply, could play a larger role in setting prices. It is also preparing to release a report on how to put a price on carbon emissions in all or parts of the regional grid.

"If carbon emissions are the concern and that is the public policy issue with which policymakers are concerned, the simple be-all answer from a market perspective is putting a price on carbon," Bresler said.

Three Mile Island could be viable if natural gas prices rose from below $3 per million British thermal units to about $5 per mmBtu and if a "reasonable" price were applied to carbon, according to Exelon's Dominguez. He is encouraged by the fact that conversations around new pricing models and carbon pricing are gaining traction.

"The great part about this is everybody understands we have a major problem. We're losing some of the lowest-cost, cleanest and most reliable resources in America," Dominguez said.

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Calgary EV Charging for Apartments and Condos streamlines permitting for multi-unit dwellings, guiding condo boards and property managers to install EV charging stations, expand infrastructure, and advance sustainability with cleaner air and lower emissions.

Key Points

A Calgary program simplifying permits and guidance to add EV charging stations in multi-unit residential buildings.

✅ Streamlined permitting for condo boards and property managers

✅ Technical assistance to install EV charging stations

✅ Boosts property value and reduces emissions citywide

As the demand for electric vehicles (EVs) continues to rise, and as national EV targets gain traction, Calgary is taking significant strides to enhance its charging infrastructure, particularly in apartment and condominium complexes. A recent initiative has been introduced to facilitate the installation of EV charging stations in these residential buildings, addressing a critical barrier for potential EV owners living in multi-unit dwellings.

The Growing EV Market

Electric vehicles are no longer a niche market; they have become a mainstream option for many consumers. As of late 2023, EV sales have surged, with projections indicating that the trend will only continue. However, a significant challenge remains for those who live in apartments and condos, where high-rise charging can be a mixed experience and the lack of accessible charging stations persists. Unlike homeowners with garages, residents of multi-unit dwellings often rely on public charging infrastructure, which can be inconvenient and limiting.

The New Initiative

In response to this growing concern, the City of Calgary has launched a new initiative aimed at easing the process of installing EV chargers in apartment and condo buildings. This program is designed to streamline the permitting process, reduce red tape, and provide clear guidelines for property managers and condo boards, similar to strata installation rules adopted in other jurisdictions to ease installations.

The initiative includes various measures, such as providing technical assistance and resources to building owners and managers. By simplifying the installation process, the city hopes to encourage more residential complexes to adopt EV charging stations. The initiative also emphasizes practical support, such as providing technical assistance, including condo retrofit guidance, and resources to building owners and managers. This is a significant step towards creating an eco-friendly urban environment and meeting the growing demand for sustainable transportation options.

Benefits of the Initiative

The benefits of this initiative are manifold. Firstly, it supports Calgary's broader climate goals by promoting electric vehicle adoption. As more residents gain access to charging stations, the city can expect a corresponding reduction in greenhouse gas emissions, contributing to cleaner air and a healthier urban environment.

Additionally, providing charging infrastructure can enhance property values. Buildings equipped with EV chargers become more attractive to potential tenants and buyers who prioritize sustainability. As the market for electric vehicles expands, properties that offer charging facilities are likely to see increased demand, making them a sound investment for landlords and developers.

Overcoming Challenges

While this initiative marks a positive step forward, there are still challenges to address. Property managers and condo boards may face initial resistance from residents who are uncertain about the costs associated with installing and maintaining EV chargers, though rebates for home and workplace charging can offset upfront expenses and ease adoption. Clear communication about the long-term benefits, including potential energy savings and the value of sustainable living, will be essential in overcoming these hurdles.

Furthermore, the city will need to ensure that the installation of EV chargers is done in a way that is equitable and inclusive. This means considering the needs of all residents, including those who may not own an electric vehicle but would benefit from a greener community.

Looking Ahead

As Calgary moves forward with this initiative, it sets a precedent for other cities, as seen in Vancouver's EV-ready policy, facing similar challenges in promoting electric vehicle adoption. By prioritizing charging infrastructure in multi-unit residential buildings, Calgary is taking important steps towards a more sustainable future.

In conclusion, the push for EV charging stations in apartments and condos is a critical move for Calgary. It reflects a growing recognition of the role that urban planning and infrastructure play in supporting the transition to electric vehicles, which complements corridor networks like the BC Electric Highway for intercity travel. With the right support and resources, Calgary can pave the way for a greener, more sustainable urban landscape that benefits all its residents. As the city embraces this change, it will undoubtedly contribute to a broader shift towards sustainable living, ultimately helping to combat climate change and improve the quality of life for all Calgarians.

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Germany Industrial Electricity Price Subsidy weighs subsidies for energy-intensive industries to bolster competitiveness as Germany shifts to renewables, expands grid capacity, and debates free-market tax cuts versus targeted relief and long-term policies.

Key Points

Policy to subsidize power for energy-intensive industry, preserving competitiveness during the energy transition.

✅ SPD backs 5-7 cents per kWh for 10-15 years

✅ FDP prefers tax cuts and free-market pricing

✅ Scholz urges cheap renewables and grid expansion first

Germany’s three-party coalition is debating whether electricity prices for energy-intensive industries should be subsidised in a market where rolling back European electricity prices can be tougher than it appears, to prevent companies from moving production abroad.

Calls to reduce the electricity bill for big industrial producers are being made by leading politicians, who, like others in Germany, fear the country could lose its position as an industrial powerhouse as it gradually shifts away from fossil fuel-based production, amid historic low energy demand and economic stagnation concerns.

“It is in the interest of all of us that this strong industry, which we undoubtedly have in Germany, is preserved,” Lars Klingbeil, head of Germany’s leading government party SPD (S&D), told Bayrischer Rundfunk on Wednesday.

To achieve this, Klingbeil is advocating a reduced electricity price for the industry of about 5 to 7 cents per Kilowatt hour, which the federal government would subsidise. This should be introduced within the next year and last for about 10 to 15 years, he said.

Under the current support scheme, which was financed as part of the €200 billion “rescue shield” against the energy crisis, energy-intensive industries already pay 13 cents per Kilowatt hour (KWh) for 70% of their previous electricity needs, which is substantially lower than the 30 to 40 cents per KWh that private consumers pay.

“We see that the Americans, for example, are spending $450 billion on the Inflation Reduction Act, and we see what China is doing in terms of economic policy,” Klingbeil said.

“If we find out in 10 years that we have let all the large industrial companies slip away because the investments are not being made here in Germany or Europe, and jobs and prosperity and growth are being lost here, then we will lose as a country,” he added.

However, not everyone in the German coalition favours subsidising electricity prices.

Finance Minister Christian Lindner of the liberal FDP (Renew), for example, has argued against such a step, instead promoting free-market principles and, amid rising household energy costs, reducing taxes on electricity for all.

“Privileging industrial companies would only be feasible at the expense of other electricity consumers and taxpayers, for example, private households or the small trade sector,” Lindner wrote in an op-ed for Handelsblatt on Tuesday.

“Increasing competitiveness for some would mean a loss of competitiveness for others,” he added.

Chancellor Olaf Scholz, himself a member of SPD, was more careful with his words, amid ongoing EU electricity reform debates in Brussels.

Asked about a subsidised electricity price for the industry at a town hall event on Monday, Scholz said he does not “want to make any promises now”.

“First of all, we have to make sure that we have cheap electricity in Germany in the first place,” Scholz said, promoting the expansion of renewable energy such as wind and solar, as local utilities cry for help, as well as more electricity grid infrastructure.

“What we will not be able to do as an economy, even as France’s new electricity pricing scheme advances, is to subsidise everything that takes place in normal economic activity,” Scholz said. “We should not get into the habit of doing that,” he added.

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Harbour Air Electric Seaplanes pioneer sustainable aviation with battery-electric propulsion, zero-emission operations, and retrofitted de Havilland Beavers using magniX motors for regional commuter routes, cutting fuel burn, maintenance, and carbon footprints across British Columbia.

Key Points

Retrofitted floatplanes using magniX battery-electric motors to provide zero-emission, short-haul regional flights.

✅ Battery-electric magniX motors retrofit de Havilland DHC-2 Beavers

✅ Zero-emission, low-noise operations on short regional routes

✅ Lower maintenance and operating costs vs combustion engines

Aviation is one of the fastest rising sources of carbon emissions from transport, but can a small Canadian airline show the industry a way of flying that is better for the planet?

As air journeys go, it was just a short hop into the early morning sky before the de Havilland seaplane splashed back down on the Fraser River in Richmond, British Columbia. Four minutes earlier it had taken off from the same patch of water. But despite its brief duration, the flight may have marked the start of an aviation revolution.

Those keen of hearing at the riverside on that cold December morning might have been able to pick up something different amid the rumble of the propellers and whoosh of water as the six-passenger de Havilland DHC-2 Beaver took off and landed. What was missing was the throaty growl of the aircraft’s nine-cylinder radial engine.

In its place was an all-electric propulsion engine built by the technology firm magniX that had been installed in the aircraft over the course of several months. The four-minute test flight (the plane was restricted to flying in clear skies, so with fog and rain closing in the team opted for a short trip) was the first time an all-electric commercial passenger aircraft had taken to the skies.

The retrofitted de Havilland DHC-2 Beaver took off from the Fraser River in the early morning light for a four minute test flight (Credit: Diane Selkirk)

“It was the first shot of the electric aviation revolution,” says Roei Ganzarski, chief executive of magniX, which worked with Canadian airline Harbour Air Seaplanes to convert one of the aircraft in their fleet of seaplanes so it could run on battery power rather than fossil fuels.

For Greg McDougall, founder of Harbour Air and pilot during the test flight, it marked the culmination of years of trying to put the environment at the forefront of its operations, backed by research investment across the program.

Harbour Air, which has a fleet of some 40 commuter floatplanes serving the coastal regions around Vancouver, Victoria and Seattle, was the first airline in North America to become carbon-neutral through offsets in 2007. A one-acre green roof on their new Victoria airline terminal followed. Then in 2017, 50 solar panels and four beehives housing 10,000 honeybees were added, but for McDougall, a Tesla owner with an interest in disruptive technology, the big goal was to electrify the fleet, with 2023 electric passenger flights as an early target for service.

McDougall searched for alternative motor options for a couple of years and had put the plan on the backburner when Ganzarski first approached him in February 2019. “He said, ‘We’ve got a motor we want to get certified and we want to fly it before the end of the year,’” McDougall recalls.

The two companies found their environmental values and teams were a good match and quickly formed a partnership. Eleven months later, the modest Canadian airline got what McDougall refers to as their “e-plane” off the ground, pulling ahead of other electric flight projects, including those by big-name companies Airbus, Boeing and Rolls-Royce, and startups such as Eviation that later stumbled.

The test flight was followed years of work by Greg McDougall to make his airline more environmentally friendly (Credit: Diane Selkirk)

The project came together in record time considering how risk-adverse the aviation industry is, says McDougall. “Someone had to take the lead,” he says. “The reason I live in British Columbia is because of the outdoors: protecting it is in our DNA. When it came to getting the benefits from electric flight it made sense for us to step in and pioneer the next step.”

As the threat posed by the climate crisis deepens, there has been renewed interest in developing electric passenger aircraft as a way of reducing emissions
Electric flight has been around since the 1970s, but it’s remained limited to light-weight experimental planes flying short distances and solar-powered aircraft with enormous wingspans yet incapable of carrying passengers. But as the threat posed by the climate crisis deepens, there has been renewed interest in developing electric passenger aircraft as a way of reducing emissions and airline operating costs, aligning with broader Canada-U.S. collaboration on electrification across transport.

Currently there are about 170 electric aircraft projects underway internationally –up by 50% since April 2018, according to the consulting firm Roland Berger. Many of the projects are futuristic designs aimed at developing urban air taxis, private planes or aircraft for package delivery. But major firms such as Airbus have also announced plans to electrify their own aircraft. It plans to send its E-Fan X hybrid prototype of a commercial passenger jet on its maiden flight by 2021. But only one of the aircraft’s four jet engines will be replaced with a 2MW electric motor powered by an onboard battery.

This makes Harbour Air something of an outlier. As a coastal commuter airline, it operates smaller floatplanes that tend to make short trips up and down the coastline of British Columbia and Washington State, which means its aircraft can regularly recharge their batteries after a point-to-point electric flight along these routes. The company sees itself in a position to retrofit its entire fleet of floatplanes and make air travel in the region as green as possible.

This could bring some advantages. The efficiency of a typical combustion engine for a plane like this is fairly low – a large proportion of the energy from the fuel is lost as waste heat as it turns the propeller that drives the aircraft forward. Electrical motors have fewer moving parts, meaning there’s less maintenance and less maintenance cost, and comparable benefits are emerging for electric ships operating on the B.C. coast as well.

Electrical motors have fewer moving parts, meaning there’s less maintenance and less maintenance cost
Erika Holtz, Harbour Air’s engineering and quality manager, sees the move to electric as the next major aviation advancement, but warns that one stumbling block has been the perception of safety. “Mechanical systems are much better known and trusted,” she says. In contrast people see electrical systems as a bit unknown – think of your home computer. “Turning it off and on again isn’t an option in aviation,” she adds.

But it’s the possibility of spurring lasting change in aviation that’s made working on the Harbour Air/magniX project so exciting for Holtz. Aviation technology has stagnated over the past decades, she says. “Although there have been incremental improvements in certain technologies, there hasn't been a major development change in aviation in 50 years.”

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Ontario CEAP Program provides one-time electricity bill relief for residential consumers via local utilities, supports low-income households, aligns with COVID-19 recovery rates, and complements time-of-use pricing options and the winter disconnection ban.

Key Points

A one-time electricity bill credit for eligible Ontario households affected by COVID-19, available via local utilities.

✅ Apply through your local distribution company or utility

✅ One-time credit for overdue electricity bills from COVID-19

✅ Complements TOU options, OER, and winter disconnection ban

Applications for the CEAP program for Ontario residential consumers has opened. Residential customers across the province can now apply for funding through their local distribution company/utility.

On June 1st, our government announced a suite of initiatives to support Ontario’s electricity consumers amid changes for electricity consumers during the pandemic, including a $9 million investment to support low-income Ontarians through the COVID-19 Energy Assistance Program (CEAP). CEAP will provide a one-time payment to Ontarians who are struggling to pay down overdue electricity bills incurred during the COVID-19 outbreak.

These initiatives include:

• $9 million for the COVID-19 Energy Assistance Program (CEAP) to support consumers struggling to pay their energy bills during the pandemic. CEAP will provide one-time payments to consumers to help pay down any electricity bill debt incurred over the COVID19 period. Applications will be available through local utilities in the upcoming months;
• $8 million for the COVID-19 Energy Assistance Program for Small Business (CEAP-SB) to provide support to businesses struggling with bill payments as a result of the outbreak; and
• An extension of the Ontario Energy Board’s winter disconnection ban until July 31, 2020 to ensure no one is disconnected from their natural gas or electricity service during these uncertain times.

More information about applications for the CEAP for Small Business will be coming later this summer, as electricity rates are about to change across Ontario for many customers.

In addition, the government recently announced that it will continue the suspension of time-of-use (TOU) electricity rates and, starting on June 1, 2020, customers will be billed based on a new fixed COVID-19 hydro rate of 12.8 cents per kilowatt hour. The COVID-19 Recovery Rate, which some warned in analysis could lead to higher hydro bills will be in place until October 31, 2020.

Later in the pandemic, Ontario set electricity rates at the off-peak price until February 7 to provide additional relief.

“Starting November 1, 2020, our government has announced Ontario electricity consumers will have the option to choose between time-of-use and tiered electricity pricing plan, following the Ontario Energy Board’s new rate plan prices and support thresholds announcement. We are proud to soon offer Ontarians the ability to choose an electricity plan that best suits for their lifestyle,” said Jim McDonell, MPP for Stormont–Dundas–South Glengarry.

The government will continue to subsidize electricity bills by 31.8 per cent through the Ontario Electricity Rebate.

The government is providing approximately $5.6 billion in 2020-21 as part of its existing electricity cost relief programs and conservation initiatives such as the Peak Perks program to help ensure more affordable electricity bills for eligible residential, farm and small business consumers.

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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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