No public details for Newfoundland electricity rate mitigation talks

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
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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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Duke Energy Clean Energy Strategy targets smart grid upgrades, wind and solar expansion, efficient gas, and high-reliability nuclear, cutting CO2, boosting decarbonization, and advancing energy efficiency and reliability for the Carolinas.

Key Points

A plan investing in smart grids, renewables, gas, and nuclear to cut CO2 and enhance reliability and efficiency by 2030.

✅ US$25bn smart grid upgrades; US$11bn renewables and gas

✅ 40% CO2 reduction and >80% low-/zero-carbon generation by 2030

✅ 2017 nuclear fleet 95.64% capacity factor; ~90 TWh carbon-free

The US power group Duke Energy plans to invest US$25bn on grid modernization over the 2017-2026 period, including the implementation of smart grid technologies to cope with the development of renewable energies, along with US$11bn on the expansion of renewable (wind and solar) and gas-fired power generation capacities.

The company will modernize its fleet and expects more than 80% of its power generation mix to come from zero and lower CO2 emitting sources, aligning with nuclear and net-zero goals, by 2030. Its current strategy focuses on cutting down CO2 emissions by 40% by 2030. Duke Energy will also promote energy efficiency and expects cumulative energy savings - based on the expansion of existing programmes - to grow to 22 TWh by 2030, i.e. the equivalent to the annual usage of 1.8 million households.

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Duke Energy’s 11 nuclear generating units posted strong operating performance in 2017, as U.S. nuclear costs hit a ten-year low, providing the Carolinas with nearly 90 billion kilowatt-hours of carbon-free electricity – enough to power more than 7 million homes.

Globally, China's nuclear program remains on a steady development track, underscoring broader industry momentum.

“Much of our 2017 success is due to our focus on safety and work efficiencies identified by our nuclear employees, along with ongoing emphasis on planning and executing refueling outages to increase our fleet’s availability for producing electricity,” said Preston Gillespie, Duke Energy chief nuclear officer.

Some of the nuclear fleet’s 2017 accomplishments include, as a new U.S. reactor comes online nationally:

• The 11 units achieved a combined capacity factor of 95.64 percent, second only to the fleet’s 2016 record of 95.72 percent, marking the 19th consecutive year of attaining a 90-plus percent capacity factor (a measure of reliability).
• The two units at Catawba Nuclear Station produced more than 19 billion kilowatt-hours of electricity, and the single unit at Harris Nuclear Plant generated more than 8 billion kilowatt-hours, both setting 12-month records.
• Brunswick Nuclear Plant unit 2 achieved a record operating run.
• Both McGuire Nuclear Station units completed their shortest refueling outages ever and unit 1 recorded its longest operating run.
• Oconee Nuclear Station unit 2 achieved a fleet record operating run.

The Robinson Nuclear Plant team completed the station’s 30th refueling outage, which included a main generator stator replacement and other life-extension activities, well ahead of schedule.

“Our nuclear employees are committed to providing reliable, clean electricity every day for our Carolinas customers,” added Gillespie. “We are very proud of our team’s 2017 accomplishments and continue to look for additional opportunities to further enhance operations.”

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UK Electricity Interconnectors secure capacity market subsidies, supporting winter reliability with seabed cables to France and Belgium via the Channel Tunnel, lowering consumer costs, squeezing coal, and challenging new gas plants through cross-border energy trading.

Key Points

High-voltage cables linking Britain to Europe, securing backup capacity, cutting costs and boosting winter reliability.

✅ Won capacity market contracts at record-low prices

✅ Cables to France and Belgium via Channel Tunnel, seabed routes

✅ Squeezes coal, challenges new gas; renewables may join market

New electricity cables across the Channel to France and Belgium will be a key part of keeping Britain’s lights on during winter amid record electricity prices across Europe in the early 2020s, after their owners won backup power subsidies in a government auction this week.

For the first time, interconnector operators successfully bid for a slice of hundreds of millions’ worth of contracts in the capacity market. That will help cut costs for consumers, given how electricity is priced in Europe today, and squeeze out old coal power plants.

Three new interconnectors are currently being built to Europe, almost doubling existing capacity, with one along the Channel Tunnel and two on the seabed: one between Kent and Zeebrugge and one from Hampshire to Normandy. 

The interconnectors were success stories in this week’s capacity auction, which saw power firms bid to provide backup electricity in the winter of 2021/22. Prices for the four-year contracts hit a record low of £8.40 per kilowatt per year, which analysts described as a shock and well below expectations.

One industry source said the figure was “miles away” from what is needed to encourage companies to build big new gas power stations, which some argue are necessary to fill the gap when the UK’s ageing nuclear reactors close as Europe loses nuclear power across the region over the next decade.

While bad news for those firms, the low price is good for consumers. The subsidies will add about £525m to energy bills, or £5.68 for the average household, compared with £11 for the year before, according to analysts Cornwall Insight.

Existing gas power stations scooped up most of the contracts, but new gas ones lost out, as did several coal plants. Battery storage plants, a standout success in the last auction, fared comparatively poorly after changes to the rules.

Experts at Bernstein bank said the the misses by coal meant that around half the UK’s remaining coal power capacity could close from October 2019, when existing capacity market contracts run out. Chaitanya Kumar, policy adviser at thinktank Green Alliance, said: “Coal’s exit from the UK’s energy system just moved a step closer as coal contracts fell by half compared with last year.”

Tom Edwards, an analyst at Cornwall Insight, said that more interconnectors were likely to bid into future rounds of the capacity market, such as the cable being laid between Norway and the UK. Relying on foreign power supplies was fine, he said, provided Brexit did not make energy trading more difficult and the interconnectors delivered at times of need, where events like Irish grid price spikes illustrate the stress points.

However, one industry source, who wants to see new gas plants built in the UK, said the results showed that the system was not working, amid UK peak power prices that have climbed in recent trading. “That self-sufficiency doesn’t seem to be a priority at a time when we’re breaking away from Europe is a bit weird,” they said.

But the prospects for new gas plants in future rounds of the capacity market look bleak. They will very likely face a new source of competition next year, if energy regulator Ofgem approves a proposal to allow renewables to compete too.

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Egypt-ENI Hydrogen MoU outlines joint feasibility studies for green and blue hydrogen using renewable energy, carbon capture, and CO2 storage, targeting domestic demand, exports, and net-zero goals within Egypt's energy transition.

Key Points

A pact to study green and blue hydrogen in Egypt, leveraging renewables, CO2 storage, and export/demand pathways.

✅ Feasibility study for green and blue hydrogen projects

✅ Uses renewables, SMR, carbon capture, and CO2 storage

✅ Targets local demand, exports, and net-zero alignment

The Egyptian Electricity Holding Company (EEHC) and the Egyptian Natural Gas Holding Company (EGAS) signed a memorandum of understanding (MoU) with the Italian energy giant Eni to assess the technical and commercial feasibility of green and blue hydrogen production projects in Egypt, which many see as central to power companies' future strategies worldwide today.

Under the MoU, a study will be conducted to assess joint projects for the production of green hydrogen using electricity generated from renewable energy and supported by regional electricity interconnections where relevant, and blue hydrogen using the storage of CO2 in depleted natural gas fields, according to a statement by the Ministry of Petroleum on Thursday.

The study will also estimate the potential local market consumption of hydrogen and export opportunities, taking cues from Ontario's hydrogen economy proposal to align electricity rates for growth.

This agreement is part of Eni's objective to achieve zero net emissions by 2050 and Egypt's strategy towards diversifying the energy mix and developing hydrogen projects in collaboration with major international companies, taking note of Italy's green hydrogen initiatives in Sicily as a comparable effort.

It signed the deal with Egyptian Natural Gas Holding (EGAS) and Egyptian Electricity Holding Co. (EEHC).

The companies will carry out a joint study on producing renewable energy powered green hydrogen, informed by electrolyzer investments in similar projects, where applicable. They will also work on blue hydrogen. This involves reforming natural gas and capturing the resulting CO2, in this instance in depleted natural gas fields.

The study will also consider domestic hydrogen use and export options, including funding models like the Hydrogen Innovation Fund now in Ontario.

Eni said the MoU was in line with its plans to eliminate net emissions and emissions cancel emission intensity by 2050. The company noted the agreement was in line with Egypt’s plan for the energy transition, in which it pursues hydrogen plans with major international companies, alongside broader clean-tech collaboration such as Tesla cooperation discussions in Dubai, to accelerate progress.

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U.S. Energy Transition Delays stem from grid bottlenecks, permitting red tape, solar tariff uncertainty, supply-chain shocks, and scarce affordable EVs, risking deeper fossil fuel lock-in despite climate targets for renewables, transmission expansion, and decarbonization.

Key Points

Delays driven by grid limits, permitting, and supply shocks that slow renewables, transmission, EVs, and decarbonization.

✅ Grid interconnection and transmission backlogs stall renewables

✅ Tariff probes and supply chains disrupt utility-scale solar

✅ Permitting, policy gaps, and EV costs sustain fossil fuel use

Big solar projects are facing major delays. Plans to adapt the grid to clean energy are confronting mountains of red tape. Affordable electric vehicles are in short supply.

The United States is struggling to squeeze opportunity out of an energy crisis that should have been a catalyst for cleaner, domestically produced power. After decades of putting the climate on the back burner, the country is finding itself unprepared to seize the moment and at risk of emerging from the crisis even more reliant on fossil fuels.

10 steps you can take to lower your carbon footprint
The problem is not entirely unique to the United States. Across the globe, climate leaders are warning that energy shortages including coal and nuclear disruptions prompted by Russia’s unprovoked invasion of Ukraine and high gas prices driven by inflation threaten to make the energy transition an afterthought — potentially thwarting efforts to keep global temperature rise under 1.5 degrees Celsius.

“The energy crisis exacerbated by the war in Ukraine has seen a perilous doubling down on fossil fuels by the major economies,” U.N. Secretary General António Guterres said at a conference in Vienna on Tuesday, according to prepared remarks. He warned governments and investors that a failure to immediately and more aggressively embrace clean energy could be disastrous for the planet.

U.S. climate envoy John F. Kerry suggested that nations are falling prey to a flawed logic that fossil fuels will help them weather this period of instability, undermining U.S. national security and climate goals, which has seen gas prices climb to a record-high national average of $5 per gallon. “You have this new revisionism suggesting that we have to be pumping oil like crazy, and we have to be moving into long-term [fossil fuel] infrastructure building,” he said at the Time100 Summit in New York this month. “We have to push back.”

Climate envoy John F. Kerry attends the Summit of the Americas in Los Angeles on June 8. Kerry has criticized the tendency to turn toward fossil fuels in times of uncertainty. (Apu Gomes/AFP/Getty Images)
In the United States — the world’s second-largest emitter of greenhouse gases after China — the hurdles go beyond the supply-chain crisis and sanctions linked to the war in Ukraine. The country’s lofty goals for all carbon pollution to be gone from the electricity sector by 2035 and for half the cars sold to be electric by 2030 are jeopardized by years of neglect of the electrical grid, regulatory hurdles that have set projects back years, and failures by Congress and policymakers to plan ahead.
The challenges are further compounded by plans to build costly new infrastructure for drilling and exporting natural gas that will make it even harder to transition away from the fossil fuel.

“We are running into structural challenges preventing consumers and businesses from going cleaner, even at this time of high oil and gas prices,” said Paul Bledsoe, a climate adviser in the Clinton administration who now works on strategy at the Progressive Policy Institute, a center-left think tank. “It is a little alarming that even now, Congress is barely talking about clean energy.”

Consumers are eager for more wind and solar. Companies looking to go carbon-neutral are facing growing waitlists for access to green energy, and a Pew Research Center poll in late January found that two-thirds of Americans want the United States to prioritize alternative energy over fossil fuel production.

But lawmakers have balked for more than a decade at making most of the fundamental economic and policy changes such as a clean electricity standard that experts widely agree are crucial to an orderly and accelerated energy transition. The United States does not have a tax on carbon, nor a national cap-and-trade program that would reorient markets toward lowering emissions. The unraveling in Congress of President Biden’s $1.75 trillion Build Back Better plan has added to the head winds that green-energy developers face, even as climate law results remain mixed.

Vice President Harris tours electric school buses at Meridian High School in Falls Church, Va., on May 20. (Mandel Ngan/AFP/Getty Images)
“There is literally nothing pushing this forward in the U.S. beyond the tax code and some state laws,” said Heather Zichal, a former White House climate adviser who is now the chief executive of the American Clean Power Association.

The effects of the U.S. government’s halting approach are being felt by solar-panel installers, who saw the number of projects in the most recent quarter fall to the lowest level since the pandemic began. There was 24 percent less solar installed in the first quarter of 2022 than in the same quarter of 2021.

The holdup largely stems from a Commerce Department investigation into alleged tariff-dodging by Chinese manufacturers. Faced with the potential for steep retroactive penalties, hundreds of industrial-scale solar projects were frozen in early April. Weak federal policies to encourage investment in solar manufacturing left American companies ill-equipped to fill the void.

“We shut down multiple projects and had to lay off dozens of people,” said George Hershman, chief executive of SOLV Energy, which specializes in large solar installations. SOLV, like dozens of other solar companies, is now scrambling to reassemble those projects after the administration announced a pause of the tariffs.

Meanwhile, adding clean electricity to the aging power grid has become an increasingly complicated undertaking, given the failure to plan for adequate transmission lines and long delays connecting viable wind and solar projects to the electricity network.

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UK Electricity Grid Investment underpins net zero, reinforcing transmission and distribution networks to integrate wind, solar, EV charging, and heat pumps, while Ofgem balances investor returns, debt risks, price controls, resilience, and consumer bills.

Key Points

Capital to reinforce grids for net zero, integrating wind, solar, EVs and heat pumps while balancing returns and bills.

✅ 170bn-210bn GBP by 2050 to reinforce cables, pylons, capacity.

✅ Ofgem to add investability metric while protecting consumers.

✅ Integrates wind, solar, EVs, heat pumps; manages grid resilience.

Prime Minister Sunak's recent upgrade to his home's electricity grid, designed to power his heated swimming pool, serves as a microcosm of a much larger challenge facing the UK: transforming the nation's entire electricity network for net zero emissions, amid Europe's electrification push across the continent.

This transition requires a monumental £170bn-£210bn investment by 2050, earmarked for reinforcing and expanding onshore cables and pylons that deliver electricity from power stations to homes and businesses. This overhaul is crucial to accommodate the planned switch from fossil fuels to clean energy sources - wind and solar farms - powering homes with electric cars, as EV demand on the grid rises, and heat pumps.

The UK government's Climate Change Committee warns of potentially doubled electricity demand by 2050, the target date for net zero, even though managing EV charging can ease local peaks. This translates to a significant financial burden for companies like National Grid, SSE, and Scottish Power who own the main transmission networks and some regional distribution networks.

Balancing investor needs for returns and ensuring affordable energy bills for consumers presents a delicate tightrope act for regulators like Ofgem. The National Audit Office criticized Ofgem in 2020 for allowing network owners excessive returns, prompting concerns about potential bill hikes, especially after lessons from 2021 reshaped market dynamics.

Think-tank Common Wealth reported that distribution networks paid out a staggering £3.6bn to their owners between 2017 and 2021, raising questions about the balance between profitability and affordability, amid UK EV affordability concerns among consumers.

However, Ofgem acknowledges the need for substantial investment to finance network upgrades, repairs, and the clean energy transition. To this end, they are considering incorporating an "investability" metric, recognizing how big battery rule changes can erode confidence elsewhere, in the next price controls for transmission networks, ensuring these entities remain attractive for equity fundraising without overburdening consumers.

This proposal, while welcomed by the industry, has drawn criticism from consumer advocacy groups like Citizens Advice, who fear it could contribute to unfairly high bills. With energy bills already hitting record highs, public trust in the net-zero transition hinges on ensuring affordability.

High debt levels and potential credit rating downgrades further complicate the picture, potentially impacting companies' ability to raise investment funds. Ofgem is exploring measures to address this, such as stricter debt structure reporting requirements for regional distribution companies.

Lawrence Slade, CEO of the Energy Networks Association, emphasizes the critical role of investment in achieving net zero. He highlights the need for "bold" policies and regulations that balance ambitious goals with investor confidence and ensure efficient resource allocation, drawing on B.C.'s power supply challenges as a cautionary example.

The challenge lies in striking a delicate balance between attracting investment, ensuring network resilience, and maintaining affordable energy bills. As Andy Manning from Citizens Advice warns, "Without public confidence, net zero won't be delivered."

The UK's journey to net zero hinges on navigating this complex landscape. By carefully calibrating regulations, fostering investor confidence, and prioritizing affordability, the country can ensure its electricity grid is not just robust enough to power heated swimming pools, but also a thriving green economy for all.

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