New England Emergency fuel stock to cost millions


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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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PG&E keeps nearly 60,000 Northern California customers in the dark to reduce wildfire risk

PG&E Public Safety Power Shutoff reduces wildfire risk during extreme winds, triggering de-energization across the North Bay and Sierra Foothills under red flag warnings, with safety inspections and staged restoration to improve grid resilience.

 

Key Points

A utility protocol to de-energize lines during extreme fire weather, reducing ignition risks and improving grid safety.

✅ Triggered by red flag warnings, humidity, wind, terrain

✅ Temporary de-energization of transmission and distribution lines

✅ Inspections precede phased restoration to minimize wildfire risk

 

PG&E purposefully shut off electricity to nearly 60,000 Northern California customers Sunday night, aiming to mitigate wildfire risks from power lines during extreme winds.

Pacific Gas and Electric planned to restore power to 70 percent of affected customers in the North Bay and Sierra Foothills late Monday night. As crews inspect lines for safety by helicopter, vehicles and on foot, the remainder will have power sometime Tuesday.

While it was the first time the company shut off power for public safety, PG&E announced its criteria and procedures for such an event in June, said spokesperson Paul Doherty. After wildfires devastated Northern California's wine country last October, he added, PG&E developed its community wildfire safety program division to make power grids and communities more resilient, and prepares for winter storm season through enhanced local response. 

Two sagging PG&E power lines caused one of those wildfires during heavy winds, killing four people and injuring a firefighter, the California Department of Forestry and Fire Protection determined earlier this month. Trees or tree branches hitting PG&E power lines started another four wildfires in October 2017. Altogether, the power company has been blamed for igniting 13 wildfires last year.

"We're adapting our electric system our operating practices to improve safety and reliability," Doherty said of the safety program. "That's really the bottom line for us."

Turning off power to so many customers was a "last resort given the extreme fire danger conditions these communities are experiencing," Pat Hogan, senior vice president of electric operations, said in a statement. Conditions that led the company to shut off power included the National Weather Service's red flag fire warnings, humidity levels, sustained winds, temperature, dry fuel and local terrain, Doherty said, amid possible rolling blackouts during grid strain.

The company de-energized more than 78 miles of transmission lines and more than 2,150 miles of distribution power lines Sunday night. Many schools in the area were closed Monday because of the planned power outage, highlighting unequal access to electricity across communities.

Late Saturday and early Sunday, PG&E warned 97,000 customers in 12 counties that the shut off might go into effect. Through automated calls, texts and emails, the company encouraged customers to have drinking water, canned food, flashlights, prescriptions and baby supplies on hand.

Power was also turned off in Southern California on Monday.

San Diego Gas & Electric turned off service to about 360 customers near Cleveland National Forest, where multiple fires have scorched large swaths of land in recent years.

SDG&E has pre-emptively shut off power to customers in the past, most recently in December when 14,000 customers went without power.

Southern California Edison, the primary electric provider across Southern California — including Los Angeles — has a similar power shutoff program. As of Monday night, SCE had yet to turn off power in any of its service areas, a spokesperson told USA TODAY.

 

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Neste increases the use of wind power at its Finnish production sites to nearly 30%

Neste wind power agreement boosts renewable electricity in Finland, partnering with Ilmatar and Fortum to supply Porvoo and Naantali sites, cutting Scope 2 emissions and advancing a 2035 carbon-neutral production target via long-term PPAs.

 

Key Points

A PPA to source wind power for sites, cutting Scope 2 emissions and supporting Neste's 2035 carbon-neutral goal.

✅ 10-year PPA with Ilmatar; + Fortum boosts renewable electricity share.

✅ Supplies ~7% of Porvoo-Naantali electricity; capacity >20 MW.

✅ Cuts Scope 2 emissions by ~55 kt CO2e per year toward 2035 neutrality.

 

Neste is committed to reaching carbon neutral production by 2035, mirroring efforts such as Olympus 100% renewable electricity commitments across industry.

As part of this effort, the company is increasing the use of renewable electricity at its production sites in Finland, reflecting trends such as Ireland's green electricity targets across Europe, and has signed a wind power agreement with Ilmatar, a wind power company. The agreement has been made together with Borealis, Neste's long-term partner in the Kilpilahti area in Porvoo, Finland.

As a result of the agreement with Ilmatar, as well as that signed with Fortum at the end of 2019, and in line with global growth such as Enel's 450 MW wind project in the U.S., nearly 30% of the energy used at Neste's production sites in Porvoo and Naantali will be renewable wind power in 2022.

'Neste's purpose is to create a healthier planet for our children. Our two climate commitments play an important role in living up to this ambition, and one of them is to reach carbon neutral production by 2035. It is an enormous challenge and requires several concrete measures and investments, including innovations like offshore green hydrogen initiatives. Wind power, including advances like UK offshore wind projects, is one of the over 70 measures we have identified to reduce our production's greenhouse gas emissions,' Neste's President and CEO Peter Vanacker says.

With the ten year contract, Neste is committed to purchase about one-third of the production of Ilmatar's two wind farms, reflecting broader market moves such as BC Hydro wind deals in Canada. The total capacity of the agreement is more than 20 MW, and the energy produced will correspond to around 7% of the electricity consumption at Neste's sites in Porvoo and Naantali. The wind power deliveries are expected to begin in 2022.

The two wind power agreements help Neste to reduce the indirect greenhouse gas emissions (Scope 2 emissions defined by the Greenhouse Gas Protocol) of electricity purchases at its Finnish production sites, a trend mirrored by Dutch green electricity growth across Europe, annually by approximately 55 kilotons. 55 kt/a CO2e equals annual carbon footprint of more than 8,500 EU citizens.

 

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5 ways Texas can improve electricity reliability and save our economy

Texas Power Grid Reliability faces ERCOT blackouts and winter storm risks; solutions span weatherization, natural gas coordination, PUC-ERCOT reform, capacity market signals, demand response, grid batteries, and geothermal to maintain resilient electricity supply.

 

Key Points

Texas Power Grid Reliability is ERCOT's ability to keep electricity flowing during extreme weather and demand spikes.

✅ Weatherize power plants and gas supply to prevent freeze-offs

✅ Merge PUC and Railroad Commission for end-to-end oversight

✅ Pay for firm capacity, demand response, and grid storage

 

The blackouts in February shined a light on the fragile infrastructure that supports modern life. More and more, every task in life requires electricity, and no one is in charge of making sure Texans have enough.

Of the 4.5 million Texans who lost power last winter, many of them also lost heat and at least 100 froze to death. Wi-Fi stopped working and phones soon lost their charges, making it harder for people to get help, find someplace warm to go or to check in on loved ones.

In some places pipes froze, and people couldn’t get water to drink or flush after power and water failures disrupted systems, and low water pressure left some health care facilities unable to properly care for patients. Many folks looking for gasoline were out of luck; pumps run on electricity.

But rather than scouting for ways to use less electricity, we keep plugging in more things. Automatic faucets and toilets, security systems and locks. Now we want to plug in our cars, so that if the grid goes down, we have to hope our Teslas have enough juice to get to Oklahoma.

The February freeze illuminated two problems with electricity sufficiency. First, power plants had mechanical failures, triggering outages for days. But also, Texans demanded a lot more electricity than usual as heaters kicked on because of the cold. The ugly truth is, the Texas power grid probably couldn’t have generated enough electricity to meet demand, even if the plants kept whirring. And that is what should chill us now.

The stories of the people who died because the electricity went out during the freeze are difficult to read. A paletero and cotton-candy vendor well known in Old East Dallas, Leobardo Torres Sánchez, was found dead in his armchair, bundled in quilts beside two heaters that had no power.

Arnulfo Escalante Lopez, 41, and Jose Anguiano Torres, 28, died from carbon monoxide poisoning after using a gas-powered generator to heat their apartment in Garland.

Pramod Bhattarai, 23, a college student from Nepal, died from carbon monoxide after using a charcoal grill to heat his home in Houston, according to news reports. And Loan Le, 75; Olivia Nguyen, 11; Edison Nguyen, 8; and Colette Nguyen, 5, died in Sugar Land after losing control of a fire they started in the fireplace to keep warm.

A 65-year-old San Antonio man with esophageal cancer died after power outages cut off supply from his oxygen machine. And local Abilene media reported that a man died in a local hospital when a loss of water pressure prevented staff from treating him.

Gloria Jones of Hillsboro, 87, was living by herself, healthy and social. According to the Houston Chronicle, as the cold weather descended, she told her friends and family she was fine. But when her children checked on her after she didn’t answer her phone, they found her on the floor beside her bed. Hospital workers tried to warm her, but they soon pronounced her dead.

Officials said in July that 210 people died because of the freezing weather, including those who died in car crashes and other weather-related causes, but that figure will be updated. The Department of State Health Services said most of those deaths were due to hypothermia.


Policy recommendation: Weatherize power plants and fuel suppliers

Texas could have avoided those deaths if power plants had worked properly. It’s mechanically possible to generate electricity in freezing temperatures; the Swedes and Finns have electricity in winter. But preparing equipment for the winter costs money, and now that the Public Utility Commission set new requirements for plant owners to weatherize equipment, we expect better reliability.

The PUC officials certainly expect better performance. Chairman Peter Lake earlier this month promised: “We go into this winter knowing that because of all these efforts the lights will stay on.”

Yet, there’s no matching requirement to weatherize key fuel supplies for natural gas-fired power plants. While the PUC and the Electric Reliability Council of Texas were busy this year coming up with standards and enforcement processes, the Texas Railroad Commission, which regulates oil and gas production, was not.

The Railroad Commission is working to ensure that natural gas producers who supply power plants have filed the proper paperwork so that they do not lose electricity in a blackout, rendering them unable to provide vital fuel. But weatherization regulations will not happen for some months, not in time for this winter.


Policy recommendation: Combine the state’s Public Utility Commission and Railroad Commission into one energy agency

Electricity and natural gas regulators came to realize the importance of natural gas suppliers communicating their electricity needs with the PUC to avoid getting cut off when the fuel is needed the most. Not last year; they realized this ten years ago, when the same thing happened and triggered a day of rolling outages.

Why did it take a decade for the companies regulated by one agency to get their paperwork in order with a separate agency? It makes more sense for a single agency to regulate the entire energy process, from wellhead to lightbulb. (Or well-to-wheel, as cars increasingly need electricity, too.)

Over the years, various legislative sunset commissions have recommended combining the agencies, with different governance suggestions, none of which passed the Legislature. We urge lawmakers in 2023 to take up the idea in earnest, hammer out the governance details, and make sure the resulting agency has the heft and resources to regulate energy in a way that keeps the industry healthy and holds it accountable.


Policy recommendation: Incentivize building more power plants

Regardless, if energy companies in February had operated their equipment exactly right, the lights likely would have still gone out. Perhaps for a shorter period, perhaps in a more shared way, allowing people to keep homes above freezing and phones charged between rolling blackouts. But Texas was heading for trouble.

Before the winter freeze, ERCOT anticipated Texas would have 74,000 MW of power generation capacity for the winter of 2021. That’s less than the usual summer fleet as some plants go down for maintenance in the winter, but sufficient to meet their wildest predictions of winter electricity demand. The power generation on hand for the winter would have met the historic record winter demand, at 65,918 MW. Even in ERCOT’s planning scenario with extreme generator failures, the grid had enough capacity.

But during the second week of February, as weather forecasts became more dire, grid operators began rapidly hiking their estimates of electricity demand. On Valentine’s Day, ERCOT estimated demand would rise to 75,573 MW in the coming week.

Clearly that is more demand than all of Texas’ winter power generation fleet of 74,000 MW could handle. Demand never reached that level because ERCOT turned off service to millions of customers when power plants failed.

This raises questions about whether the Texas grid has enough power plants to remain resilient as climate change brings more frequent bouts of extreme weather and blackout risks across the U.S. Or if we have enough power to grow, as more people and companies, more homes and businesses and manufacturing plants, move to Texas.

What a shame if the Texas Miracle, our robust and growing economy, died because we ran out of electricity.

This is no exaggeration. In November, ERCOT released its seasonal assessment of whether Texas will have enough electricity resources for the coming winter. If weather is normal, yes, Texas will be in good shape. But if extreme weather again pushes Texas to use an inordinate amount of electricity for heat, and if wind and solar output are low, there won’t be enough. In that scenario, even if power plants mostly continue to operate properly, we should brace for outages.

Further, there are few investors planning to build more power plants in Texas, other than solar and wind. Renewable plants have many good qualities, but reliability isn’t one of them. Some investors are building grid-scale batteries, a technology that promises to add reliability to the grid.

How come power plant developers aren’t building more generators, especially with flat electricity demand in many markets today?


Policy recommendation: Incentivize reliability

The Texas electrical grid, independent of the rest of the U.S., operates as a competitive market. No regulator plans a power plant; investors choose to build plants based on expectations of profit.

How it works is, power generators offer their electricity into the market at the price of their choosing. ERCOT accepts the lowest bids first, working up to higher bids as demand for power increases in the course of a day.

The idea is that Texans always get the lowest possible price, and if prices rise high, investors will build more power plants. Basic supply and demand. When the market was first set up, this worked pretty well, because the big, reliable baseload generators, the coal and nuclear industries, were the cheapest to operate and bid their power at prices that kept them online all the time. The more agile natural gas-fired plants ramped up and down to meet demand minute-by-minute, at higher prices.

Renewable energy disrupts the market in ways that are great, generating cheap, clean power that has forced some high-polluting coal plants to mothball. But the disruption also undermines reliability. Wind and solar plants are the cheapest and quickest power generation to build and they have the lowest operating cost, allowing them to bid very low prices into the power market. Wind tends to blow hardest in West Texas at night, so the abundance of wind turbines has pushed many of those old baseload plants out of the market.

That’s how markets work, and we’re not crying for coal plant operators. But ERCOT has to figure out how to operate the market differently to keep the lights on.

The PUC announced a slew of electricity market reforms last week to address this very problem, including new to market pricing and an emergency reliability service for ERCOT to contract for more back-up power. These changes cost money, but failing to make any changes could cost more lives.

Texas became the No. 1 wind state thanks in part to a smart renewable energy credit system that created financial incentives to erect wind turbines. But those credits mean that sometimes at night, wind generators bid electricity into the market at negative prices, because they will make money off of the renewable energy credits.

It’s time for the Legislature to review the credit program to determine if it’s still needed, of a similar program could be added to incentivize reliability. The market-based program worked better than anyone could have expected to produce clean energy. Why not use this approach to create what we need now: clean and reliable energy?

We were pleased that PUC commissioners discussed last week an idea that would create a market for reliable power generation capacity by adding requirements that power market participants meet a standard of reliability guarantees.

A market for reliable electricity capacity will cost more, and we hope regulators keep the requirements as modest as possible. Renewable requirements were modest, but turned out to be powerful in a competitive market.

We expect a reliability program to be flexible enough that entrepreneurs can participate with new technology, such as batteries or geothermal energy or something that hasn’t been invented yet, rather than just old reliable fossil fuels.

We also welcome the PUC’s review of pricing rules for the market. Commissioners intend for a new pricing formula to offer early price signals of pending scarcity, to allow time for industrial customers to reduce consumption or suppliers to ramp up. This is intriguing, but we hope the final implementation keeps market interventions at a minimum.

We witnessed in February a scenario in which extremely high prices on the power market did nothing to attract more electricity into the market. Power plants broke down; there was no way to generate more power, no matter how high market prices went. So the PUC was silly to intervene in the market and keep prices artificially high; the outcome was billions of dollars of debt and a proposed electricity market bailout that electricity customers will end up paying.

Nor did this PUC pricing intervention prompt power generation developers to say: “I tell you what, let’s build more plants in Texas.” In the next few years, ERCOT can expect more solar power generation to come online, but little else.

Natural gas plant operators have told the PUC that market price signals show that a new plant wouldn’t be profitable. Natural gas plants are cheaper and faster to build than nuclear reactors; if those developers cannot figure out how to make money, then the prospect of a new nuclear reactor in Texas is a fantasy, even setting aside the environmental and political opposition.


Policy proposal: Use less energy

Politicians like to imagine that technology will solve our energy problem. But the quickest, cheapest, cleanest solution to all of our energy problems is to use less. Investing some federal infrastructure money to make homes more energy efficient would cut energy use, and could help homes retain heat in an emergency.

The PUC’s plan to offer more incentives for major power users to reduce demand in a grid emergency is a good idea. Bravo – next let’s take this benefit to the masses.

Upgrading building codes to require efficiency for office buildings and apartments can help, and might have prevented the frozen pipes in so many multifamily housing units that left people without water.

When North Texas power-line utility Oncor invested in smart grid technology in past decades, part of the promise was to help users reduce demand when electricity prices rise or in emergencies. A review and upgrade of the smart technology could allow more customers to benefit from discounts in exchange for turning things off when electricity supply is tight.

Problem is, we seem to be going in the opposite direction as consumers. Forget turning off the TV and unplugging the coffee machine as we leave the house each morning; now everything is always-on and always connected to Wi-Fi. Our appliances, electronics and the services that operate them can text us when anything interesting happens, like the laundry finishes or somebody opens the patio door or the first season of Murder She Wrote is available for streaming.

As Texans plug in electric vehicles, we will need even more power generation capacity. Researchers at the University of Texas at Austin estimated that if every Texan switched to an electric vehicle, demand for electricity would rise about 30%.

Texans will need to think realistically and rationally about where that electricity is going to come from. Before we march toward a utopian vision of an all-electric world, we need to make sure we have enough electricity.

Getting this right is a matter of life and death for each of one us and for Texas.

 

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Buyer's Remorse: Questions about grid modernization affordability

Grid Modernization drives utilities to integrate DER, AMI, and battery storage while balancing reliability, safety, and affordability; regulators pursue cost-benefit analyses, new rate design, and policy actions to guide investment and protect customer-owned resources.

 

Key Points

Upgrading the grid to manage DER with digital tools, while maintaining reliability, safety, and customer affordability.

✅ Cost-benefit analyses guide prudent grid investments

✅ AMI and storage deployments enable DER visibility and control

✅ Rate design reforms support customer-owned resources

 

Utilities’ pursuit of a modern grid, including the digital grid concept, to maintain the reliability and safety pillars of electricity delivery has raised a lot of questions about the third pillar — affordability.

Utilities are seeing rising penetrations of emerging technologies, highlighted in recent grid edge trends reports, like distributed solar, behind-the-meter battery storage, and electric vehicles. These new distributed energy resources (DER) do not eliminate utilities' need to keep distribution systems safe and reliable.

But the need for modern tools to manage DER imposes costs on utilities, prompting calls to invest in smarter infrastructure even as some regulators, lawmakers and policymakers are concerned those costs could drive up electricity rates.

The result is an increasing number of legislative and regulatory grid modernization actions aimed at identifying what is necessary to serve the coming power sector transformation and address climate change risks across the grid.

 

The rise of grid modernization

Grid modernization, which is supported by both conservatives and distributed energy resources advocates, got a lot of attention last year. According to the 2017 review of grid modernization policy by the North Carolina Clean Energy Technology Center (NCCETC), 288 grid modernization policy actions were proposed, pending or enacted in 39 states.

These numbers from NCCETC's first annual review of policy activity set a benchmark against which future years' activity can be measured.

The most common type of state actions, by far, were those that focused on the deployment of advanced metering infrastructure (AMI) and battery energy storage. Those are two of the 2017 trends identified in NCCETC’s 50 States of Grid Modernization report. But deployment of those technologies, while foundational to an updated grid, only begins to prepare distribution systems for the coming power sector transformation.

Bigger advances, including the newest energy system management tools, are being held back by 2017’s other policy actions requiring more deliberation and fact-finding, even as grid vulnerability report cards underscore the risks that modernization seeks to mitigate.

Utilities’ proposals to more fully prepare their grids to deliver 21st century technologies are being met with questions about completeness and cost.

Utilities are being asked to address these questions in comprehensive, public utility commission-led cost-benefit analyses and studies. This is also one of NCCETC’s top 2017 policy action trends for grid modernization. The outcome to date appears to be an increased, but still incomplete, understanding of what is needed to build a 21st century grid.

Among the top objectives of those driving the policy actions are resolving questions about private sector participation in grid modernizaton buildouts and developing new rate designs to protect and support customer-owned distributed energy resources. Actions on those topics are also on NCCETC’s list of 2017 policy trends.

Altogether, the trend list is dominated by actions that do not lead to completion of grid modernization but to more work on it.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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Planning for Toronto?s Growing Electricity Needs

Toronto Grid Upgrade expands electricity capacity and reliability with new substations, upgraded transmission lines, and integrated renewable energy, supporting EV growth, sustainability goals, and resilient power for Toronto's growing residential and commercial sectors.

 

Key Points

A joint plan to boost grid capacity, add renewables, and improve reliability for Toronto's rising power demand.

✅ New substations and upgraded transmission lines increase capacity

✅ Integrates solar, wind, and storage for cleaner, reliable power

✅ Supports EV adoption, reduces outages, and future-proofs the grid

 

As Toronto's population and economy continue to expand, the surge in electricity demand in the city is also increasing rapidly. In response, the Ontario government, in partnership with the City of Toronto and various stakeholders, has launched an initiative to enhance the electricity infrastructure to meet future needs.

The Ontario Ministry of Energy and the City of Toronto are focusing on a multi-faceted approach that includes upgrades to existing power systems and the integration of renewable energy sources, as well as updated IoT cybersecurity standards for sector devices. This initiative is critical as Toronto looks towards a sustainable future, with projections indicating significant growth in both residential and commercial sectors.

Energy Minister Todd Smith highlighted the urgency of this project, stating, “With Toronto's growing population and dynamic economy, the need for reliable electricity cannot be overstated. We are committed to ensuring that our power systems are not only capable of meeting today's demands but are also future-proofed against the needs of tomorrow.”

The plan involves substantial investments in grid infrastructure to increase capacity and improve reliability. This includes the construction of new substations and the enhancement of old ones, along with the upgrading of transmission lines and exploration of macrogrids to strengthen reliability. These improvements are designed to reduce the frequency and severity of power outages while accommodating new developments and technologies such as electric vehicles, which are expected to place additional demands on the system.

Additionally, the Ontario government is exploring the potential for renewable energy sources, such as rooftop solar grids and wind, to be integrated into the city’s power grid. This shift towards green energy is part of a broader effort to reduce carbon emissions and promote environmental sustainability.

Toronto Mayor John Tory emphasized the collaborative nature of this initiative, stating, “This is a prime example of how collaboration between different levels of government and the private sector can lead to innovative solutions that benefit everyone. By enhancing our electricity infrastructure, we are not only improving the quality of life for our residents but also supporting Toronto's competitive edge as a global city.”

The project also includes a public engagement component, where citizens are encouraged to provide input on the planning and implementation phases. This participatory approach ensures that the solutions developed are in alignment with the needs and expectations of Toronto's diverse communities.

Experts agree that the timing of these upgrades is critical. As urban populations grow, the strain on infrastructure, especially in a powerhouse like Toronto, can lead to significant challenges. Proactive measures, such as those being implemented by Ontario and Toronto, and mirrored by British Columbia's clean energy shift underway on the west coast, are essential in avoiding potential crises and ensuring economic stability.

The success of this initiative could serve as a model for other cities facing similar challenges, highlighting the importance of forward-thinking and cooperation in urban planning and energy management. As Toronto moves forward with these ambitious plans, the eyes of the world, particularly other urban centers, will be watching and learning how to similarly tackle the dual challenges of growth and sustainability, with recent examples like London's newest electricity tunnel demonstrating large-scale grid upgrades.

This strategic approach to managing Toronto's electricity needs reflects a comprehensive understanding of the complexities involved in urban energy systems and a commitment to ensuring a resilient and sustainable future that aligns with Canada's net-zero grid by 2050 goals at the national level for all residents.

 

 

 

 

 

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