'Net Zero' Emissions Targets Not Possible Without Multiple New Nuclear Power Stations, Say Industry Leaders

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.”

Related News

• Electricity Forum News

• Energy Policy News

Manitoba Electricity Demand Drop reflects COVID-19 effects, lowering peak demand about 6% as businesses and offices close, impacting the regional grid; recession-like patterns emerge while Winnipeg water consumption stays steady and peak usage shifts later.

Key Points

An observed 6% decline in Manitoba peak electricity during COVID-19 due to closures; Winnipeg water use remains steady.

✅ Daily peak load down roughly 6% provincewide

✅ Business and office shutdowns drive lower consumption

✅ Winnipeg peak water time shifts to 9 a.m., volume steady

The COVID-19 pandemic has caused a drop in the electricity demand across the province, according to Manitoba Hydro, mirroring the Ontario electricity usage decline reported elsewhere in Canada.

On Tuesday, Manitoba Hydro said it has tracked overall electrical use, which includes houses, farms and businesses both large and small, while also cautioning customers about pandemic-related scam calls in recent weeks.

Hydro said it has seen about a six per cent reduction in the daily peak electricity demand, adding this is due to the many businesses and downtown offices which are temporarily closed, even as residential electricity use has increased in many regions.

"Currently, the impact on Manitoba electricity demand appears to be consistent with what we saw during the 2008 recession," Bruce Owen, the media relations officer for Manitoba Hydro, noting a similar Ottawa demand decline during the pandemic, said in an email to CTV News.

Owen added this trend of reduced electricity demand is being seen across North America, with BC Hydro pandemic load patterns reported and the regional grid in the American Midwest – an area where Manitoba Hydro is a member.

While electricity demand is down, BC Hydro expects holiday usage to rise and water usage in Winnipeg has remained the same.

The City of Winnipeg said it has not seen any change in overall water consumption, but as Hydro One kept peak rates in Ontario, peak demand times have moved from 7 – 8 a.m. to 9 a.m.

Related News

• Electricity Forum News

• Utility Operations News

California Heat Wave Grid Emergency sees CAISO issue Stage 3 alerts as record demand, extreme heat, and climate change strain renewable energy; conservation efforts avert rolling blackouts and protect grid reliability statewide.

Key Points

A grid emergency in California's heat wave, with CAISO Stage 3 alerts amid record demand and risk of rolling blackouts.

✅ CAISO triggered Stage 3 alerts, then downgraded by 8 pm PT

✅ Record 52,061 MW demand; conservation reduced grid stress

✅ Extreme heat and climate change heightened outage risks

California has avoided ordering rolling blackouts after electricity demand reached a record-high Tuesday night from excessive heat across the state, even as energy experts warn the U.S. grid faces mounting climate stresses. 

The California Independent System Operator, which oversees the state’s electrical grid, imposed its highest level energy emergency on Tuesday, a step that comes before ordering rolling blackouts and allows the state to access emergency power sources.

The Office of Emergency Services also sent a text alert to residents requesting them to conserve power. The operator downgraded the Stage 3 alert around 8:00 p.m. PT on Tuesday and said that “consumer conservation played a big part in protecting electric grid reliability,” and in bolstering grid resilience overall.

The state capital of Sacramento reached 116 degrees Fahrenheit on Tuesday, according to the National Weather Service, surpassing a record that was set almost 100 years ago. And nearly a half-dozen cities in the San Francisco Bay Area tied or set all-time highs, the agency said.

CAISO said peak power demand on Tuesday reached 52,061 megawatts, surpassing a previous high of 50,270 megawatts on July 24, 2006, while nearby B.C. electricity demand has also hit records during extreme weather.

While the operator did not order rolling blackouts, three Northern California cities saw brief power outages, and severe storms have caused similar disruptions statewide in recent months. As of 7:00 am PT on Wednesday, nearly 8,000 customers in California were without power, according to PowerOutage.us. 

Gov. Gavin Newsom, in a Twitter video on Tuesday, warned the temperatures across California were unprecedented and the state is headed into the worst part of the heat wave, which is on track to be the hottest and longest on record for September.

“The risk for outages is real and it’s immediate,” Newsom said. “These triple-digit temperatures throughout much of the state are leading, not surprisingly, to record demand on the energy grid.”

The governor urged residents to pre-cool their homes earlier in the day when more power is available and turn thermostats to 78 degrees or higher after 4:00 pm PT. “Everyone has to do their part to help step up for just a few more days,” Newsom said.

The possibility for widespread outages reflects how power grids in California and other states are becoming more vulnerable to climate-related disasters such as heat waves, storms and wildfires across California.

California, which has set a goal to transition to 100% carbon-free electricity by 2045, has shuttered a slew of gas power plants in the past few years, leaving the state increasingly dependent on solar energy.

At times, the state has produced a clean energy surplus during peak solar generation, underscoring the challenges of balancing supply and demand.

The megadrought in the American West has generated the driest two decades in the region in at least 1,200 years, and human-caused climate change has fueled the problem, scientists said earlier this year. Conditions will likely continue through 2022 and persist for years.

Related News

• Electricity Forum News

• Climate Change News

Ontario Electricity Demand 2020 shows a rare decline amid COVID-19, with higher residential peak load, lower commercial usage, hot-weather air conditioning, nuclear baseload constraints, and smart meter data shaping grid operations and forecasting.

Key Points

It refers to 2020 power use in Ontario: overall demand fell, while residential peaks rose and commercial loads dropped.

✅ Peak load shifted to homes; commercial usage declined.

✅ Hot summers raised peaks; overall annual demand still fell.

✅ Smart meters aid forecasting; grid must balance nuclear baseload.

Demand for electricity in Ontario last year fell to levels rarely seen in decades amid shifts in usage patterns caused by pandemic measures, with Ottawa’s electricity consumption dropping notably, new data show.

The decline came despite a hot summer that had people rushing to crank up the air conditioning at home, the province’s power management agency said, even as the government offered electricity relief to families and small businesses.

“We do have this very interesting shift in who’s using the energy,” said Chuck Farmer, senior director of power system planning with the Independent Electricity System Operator.

“Residential users are using more electricity at home than we thought they would and the commercial consumers are using less.”

The onset of the pandemic last March prompted stay-home orders, businesses to close, and a shuttering of live sports, entertainment and dining out. Social distancing and ongoing restrictions, even as the first wave ebbed and some measures eased, nevertheless persisted and kept many people home as summer took hold and morphed into winter, while the province prepared to extend disconnect moratoriums for residential customers.

System operator data show peak electricity demand rose during a hot summer spell to 24,446 megawatts _ the highest since 2013. Overall, however, Ontario electricity demand last year was the second lowest since 1988, the operator said.

In all, Ontario used 132.2 terawatt-hours of power in 2020, a decline of 2.9 per cent from 2019.

With more people at home during the lockdown, winter residential peak demand has climbed 13 per cent above pre-pandemic levels, even as Hydro One made no cut in peak rates for self-isolating customers, while summer peak usage was up 19 per cent.

“The peaks are getting higher than we would normally expect them to be and this was caused by residential customers _ they’re home when you wouldn’t expect them to be home,” Farmer said.

Matching supply and demand _ a key task of the system operator _ is critical to meeting peak usage and ensuring a stable grid, and the operator has contingency plans with some key staff locked down at work sites to maintain operations during COVID-19, because electricity cannot be stored easily. It is also difficult to quickly raise or lower the output from nuclear-powered generators, which account for the bulk of electricity in the province, as demand fluctuates.

READ MORE: Ontario government extends off-peak electricity rates to Feb. 22

Life patterns have long impacted overall usage. For example, demand used to typically climb around 10 p.m. each night as people tuned into national television newscasts. Livestreaming has flattened that bump, while more energy-efficient lighting led to a drop in provincial demand over the holiday season.

The pandemic has now prompted further intra-day shifts in usage. Fewer people are getting up in the morning and powering up at home before powering down and rushing off to work or school. The summer saw more use of air conditioners earlier than normal after-work patterns.

Weather has always been a key driver of demand for power, accounting for example for the record 27,005 megawatts of usage set on a brutally hot Aug. 1, 2006. Similarly, a mild winter and summer led to an overall power usage drop in 2017.

Still, the profound social changes prompted by the COVID-19 pandemic _ and whether some will be permanent _ have complicated demand forecasting.

“Work patterns used to be much more predictable,” the agency said. “The pandemic has now added another element of variability for electricity demand forecasting.”

Some employees sent home to work have returned to their offices and other workplaces, and many others are likely do so once the pandemic recedes. However, some larger companies have indicated that working from home will be long term.

“Companies like Facebook and Shopify have already stated their intention to make work from home a more permanent arrangement,” the operator said. “This is something our near-term forecasters would take into account when preparing for daily operation of the grid.”

Aggregated data from better smart meters, which show power usage throughout the day, is one method of improving forecasting accuracy, the operator said.

Related News

• Electricity Forum News

• Utility Operations News

Georgia Cities Clean Energy IRP Coalition unites Savannah, Atlanta, Decatur, and Athens-Clarke to shape Georgia Power's Integrated Resource Plan, accelerating renewables, energy efficiency, community solar, and coal retirements through Georgia Public Service Commission hearings.

Key Points

Georgia cities working to steer Georgia Power's IRP toward renewables, energy efficiency, and community solar.

✅ Targets coal retirements and doubling renewables by 2035

✅ Advocates data access, transparency, and energy efficiency

✅ Seeks affordable community solar options for low-income customers

Savannah is among several Georgia cities that have led the charge forward in recent years to push for clean energy. Now, several of the state's largest municipalities are banding together to demand action from Georgia's largest energy provider.

Hearings regarding Georgia Power's Integrated Resource Plan (IRP) happen every three years, but this year for the first time the cities of Savannah, Decatur, Atlanta and Athens-Clarke and DeKalb counties were at the table.

"It's pretty unprecedented. It's such an important opportunity to get to represent ourselves and our citizens," said City of Savannah Energy Analyst Alicia Brown, the Savannah representative for the Georgia Coalition for Local Governments.

The IRP, which essentially maps out how the company will use its various forms of energy over the next 20 years was filed with the Georgia Public Service Commission (GPSC) in January, the 200-page IRP outlines Georgia Power's plans to shutter nearly all Georgia Power-controlled coal units, similar to Tucson Electric Power's coal exit timelines elsewhere, which could begin later this year.

The company is also planning to double its renewable energy generation by 2035. The IRP also outlines plans for several programs, including an Income-Qualified Community Solar Pilot, reflecting momentum for community energy programs in other states as well.

During the hearings the coalition, alongside the other groups, had the ability to question Georgia Power officials about the plan to include the proposed increase per kilowatt for the company's Simple Solar program, Behind-the-Meter Solar program study and various other components, amid debates over solar strategy in the South that could impact lower income customers.

"The established and open IRP process is central to effective, long-term energy planning in Georgia and is part of our commitment to 2.7 million customers to deliver clean, safe, reliable and affordable energy. In continuing our longstanding relationship with the City of Savannah, we welcome their interest and participation in the IRP process," John Kraft, Georgia Power spokesman said in an email.

Brown said the coalition's areas of interest fall into three categories: energy efficiency and demand response, data access and transparency and renewable energy for citizens as well as the governments in the coalition.

"We have these renewable goals and just the way the current regulations are set, the way the current laws are on the books, and developments like consumer choice in California show how policy shifts can reshape utility markets, it's very challenging for us to meet those renewable energy goals without Georgia Power setting up programs that are workable for us," she said.

The city of Savannah is already taking action locally to reduce carbon emissions and move toward clean and renewable energy through the 100% Savannah Clean Energy Plan, which was adopted by Savannah City Council in December.

The plan aims to achieve 100% renewable electricity community-wide by 2035 and 100% renewable energy for all energy needs by 2050.

Council previously approved the 100% Clean Energy Resolution needed to develop the plan in March 2020, making Savannah the fifth city in the state to pledge to pursue a lower carbon future to fight climate change.

The final plan includes 45 strategies that fall into five categories: energy efficiency; renewable energy; transportation and mobility; community and economic development; and education and engagement.

Brown said the education and engagement component is central to the plan, but the pandemic has hindered community education and awareness efforts, and utilities have warned customers about pandemic-related scams that complicate outreach, something the city hopes to catapult in the coming weeks.

"With the 100% Savannah resolution passing right before the pandemic, we haven't had as many opportunities to raise awareness about the initiative and to educate the public about clean energy as we would like. This transition will present a lot of opportunities for our communities, but only if people know that they are there to be taken," she said.

"... We also want to engage the community so that they feel like they are developing this vision for a healthy, prosperous, clean community alongside us. It's not just us telling them, 'we're going to have a clean energy future and it's going to look like this,' but really helping them to develop and realize a collective vision for what 100% Savannah should be."

The final round of IRP hearings are scheduled for next month. Those hearings will allow the coalition and other groups to put witnesses on the stand who will make the case for why Georgia Power's IRP should be different, Brown said.

In June, Georgia Power, following a June bill reduction for customers, will have a chance to offer rebuttal testimony and will again be subject to cross examination. Shortly after those hearings, the parties will join together for the settlement process, a sort of compromise on the plan that the commission will vote on toward the beginning of July.

Related News

• Electricity Forum News

• Energy Policy News

India Coal Supply Rationing redirects shipments from high-inventory power plants to stations facing shortages as electricity demand surges, inventories fall, and outages persist; Coal India, NTPC imports, and smaller mines bolster domestic supply.

Key Points

A temporary policy redirecting coal from high-stock plants to shortage-hit plants amid rising demand

✅ Shipments halted 1 week to plants with >14 days coal stock

✅ Smaller mines asked to raise output; NTPC to import 270,000 tons

✅ Outages at Adani and Tata Mundra units pressure domestic supply

India will ration coal supplies to power plants with high inventories to direct more shipments to stations battling shortages, even as shortages ease in some regions, as surging demand outstrips production.

Supplies to plants with more than two weeks’ coal inventory will be halted for a week, a team headed by federal Coal Secretary Alok Kumar decided on Saturday, the Power Ministry said in a statement. The government has also requested smaller mines to raise output to supplement shipments from state miner Coal India Ltd., and is taking steps to get nuclear back on track to diversify the energy mix.

A jump in electricity consumption spurred by a reviving economy and an extended summer, after an earlier steep demand decline in India, is driving demand for coal, which helps produce about 70% of the nation’s electricity. The surge in demand complicates India’s clean-energy transition efforts amid solar supply headwinds that cloud near-term alternatives, and may bolster arguments favoring the country’s dependence on coal to fuel economic growth.

“There’s no doubt India will continue to need coal for stable power for years,” said Rupesh Sankhe, vice president at Elara Capital India Pvt. in Mumbai. “Plants that meet environmental standards and are able to produce power efficiently will see utilization rising, but I doubt we’re going to have many new coal plants.”  

Coal stockpiles at the country’s power plants had fallen to 14.7 million tons as of Aug. 24, tumbling 62% from a year earlier, according to the latest data from the Central Electricity Authority. More than 88 gigawatts of generation plants, about half the capacity monitored by the power ministry, had inventories of six days or less as of that date, the data show. Power demand jumped 10.5% in July from a year earlier, even as global electricity use dipped 15% during the pandemic, according to the government.
Outages at some large plants that run on imported coal have increased the burden on those that burn domestic supplies, aiding shortfalls.

Adani Power Ltd. had almost 2 gigawatts of capacity in outage at its Mundra plant in Gujarat at the start of the week, while Tata Power Co. Ltd. had shut 80% of its 4-gigawatt plant in the same town for maintenance, power ministry data show.

NTPC Ltd., the largest power generator, will import the 270,000 tons of coal it left out from contracts placed earlier to mitigate the fuel shortage, reflecting higher imported coal volumes this fiscal, the power ministry said in a separate statement.

Related News

• Electricity Forum News

• Power Generation News