Fired watchdog appeals to court

By Toronto Star


NFPA 70e Training

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$199
Coupon Price:
$149
Reserve Your Seat Today
CanadaÂ’s former nuclear watchdog is seeking a judicial review into her firing by the Conservative government resulting from the shutdown of a nuclear research reactor.

Linda Keen, a long-time bureaucrat, had angered Prime Minister Stephen Harper with her handling of the Chalk River reactor shutdown that left the Conservative government scrambling and embarrassed as it coped with the shortage of medical isotopes.

The motion, submitted to the Federal Court, is the latest development in the bitter dispute between Keen and the Conservatives. She was fired as president of the Canadian Nuclear Safety Commission (CNSC) when she wouldnÂ’t okay the start-up of the aging Chalk River reactor.

“By this application for judicial review, Ms. Keen is asking the Federal Court to declare that she was unlawfully removed as president and that the November 2005 Order in Council, which reappointed her as president, remains in full force and effect,” said Ottawa lawyer Allan O’Brien.

Keen, who remains on the CNSC board, recently told ParliamentÂ’s natural resources committee that it is not the job of a nuclear regulator to ensure the production of isotopes but rather that the public is protected from nuclear accidents.

The reactor was voluntarily taken out of service by Atomic Energy Canada Ltd. because of ongoing safety concerns.

The Harper government brought in emergency legislation to override KeenÂ’s safety warnings and restart the reactor in mid-December. The CNSC is an independent quasi-judicial body meant to work at armÂ’s length from the government.

It was a month later that Natural Resources Minister Gary Lunn told Keen that the government had lost confidence in her, but when he appeared before the committee he could not cite one reason for the decision to dump Keen, who was to serve as president until 2010.

The Chalk River reactor, run by Atomic Energy of Canada Ltd., was shut down on Nov. 18 for routine maintenance, but an inspection by the regulatory staff found that mandatory safety upgrades – connecting vital cooling pumps to an emergency power supply that would work even if the area was hit with an earthquake – had not been done.

Related News

Almost 500-mile-long lightning bolt crossed three US states

Longest Lightning Flash Record confirmed by WMO: a 477.2-mile megaflash spanning Mississippi, Louisiana, and Texas, detected by satellite sensors, highlighting Great Plains supercell storms, lightning safety, and extreme weather monitoring advancements.

 

Key Points

It is the WMO-verified 477.2-mile megaflash across MS, LA, and TX, detected via satellites.

✅ Spanned 477.2 miles across Mississippi, Louisiana, and Texas

✅ Verified by WMO using space-based lightning detection

✅ Occurs in megaflash-prone regions like the U.S. Great Plains

 

An almost 500-mile long bolt of lightning that lit up the sky across three US states has set a new world record for longest flash, scientists have confirmed.

The lightning bolt, extended a total of 477.2 miles (768 km) and spread across Mississippi, Louisiana, and Texas.

The previous record was 440.6 miles (709 km) and recorded in Brazil in 2018.

Lightning rarely extends over 10 miles and usually lasts under a second, yet utilities plan for severe weather when building long-distance lines such as the TransWest Express transmission project to enhance reliability.

Another lightning flash recorded in 2020 - in Uruguay and Argentina - has also set a new record for duration at 17.1 seconds. The previous record was 16.7 seconds.

"These are extraordinary records from lightning flash events," Professor Randall Cerveny, the WMO's rapporteur of weather and climate extremes, said.

According to the WMO, both records took place in areas prone to intense storms that produce 'megaflashes', namely the Great Plains region of the United States and the La Plata basin of South America's southern cone, where utilities adapting to climate change is an increasing priority.

Professor Cerveny added that greater extremes are likely to exist and are likely to be recorded in the future thanks to advances in space-based lightning detection technology.

The WMO warned that lightning was a hazard and urged people in both regions and around the world to take caution during storms, which can lead to extensive disruptions like the Tennessee power outages reported after severe weather.

"These extremely large and long-duration lightning events were not isolated but happened during active thunderstorms," lightning specialist Ron Holle said in a WMO statement.

"Any time there is thunder heard, it is time to reach a lightning-safe place".

Previously accepted WMO 'lightning extremes' include a 1975 incident in which 21 people were killed by a single flash of a lightning as they huddled inside a tent in Zimbabwe, and modern events show how dangerous weather can also cut electricity for days, as with the Hong Kong typhoon outages that affected families.

In another incident, 469 people were killed when lightning struck the Egyptian town of Dronka in 1994, causing burning oil to flood the town, and major incidents can also disrupt infrastructure, as seen during the LA power outage following a substation fire.

The WMO notes that the only lightning-safe locations are "substantial" buildings with wiring and plumbing, and dedicated lightning protection training helps reinforce these guidelines, rather than structures such as bus stops or those found at beaches.

Fully enclosed metal-topped vehicles are also considered reliably safe, and regional storm safety tips offer additional guidance.

 

Related News

View more

The Cool Way Scientists Turned Falling Raindrops Into Electricity

Raindrop Triboelectric Energy Harvesting converts falling water into electricity using Teflon (PTFE) on indium tin oxide and an aluminum electrode, forming a transient water bridge; a low frequency nanogenerator for renewable, static electricity harvesting.

 

Key Points

A method using PTFE, ITO, and an aluminum electrode to turn raindrop impacts into low frequency electrical power.

✅ PTFE on ITO boosts charge transfer efficiency.

✅ Water bridge links electrodes for rapid discharge.

✅ Low frequency output suits continuous energy harvesting.

 

Scientists at the City University of Hong Kong have used a Teflon-coated surface and a phenomenon called triboelectricity to generate a charge from raindrops. “Here we develop a device to harvest energy from impinging water droplets by using an architecture that comprises a polytetrafluoroethylene [Teflon] film on an indium tin oxide substrate plus an aluminium electrode,” they explain in their new paper in Nature as a step toward cheap, abundant electricity in the long term.

Triboelectricity itself is an old concept. The word means “friction electricity”—from the Greek tribo, to rub or wear down, which is why a diatribe tires you out—and dates back a long, long time. Static electricity is the most famous kind of triboelectric, and related work has shown electricity from the night sky can be harvested as well in niche setups. In most naturally occurring kinds, scientists have studied triboelectric in order to avoid its effects, like explosions inside of grain silos or hospital workers touching off pure oxygen. (Blowing sand causes an electric field, and NASA even worries about static when astronauts eventually land on Mars.)

One of the most studied forms of intentional and useful triboelectric is in systems such as ocean wave generators where the natural friction of waves meets nanogenerators of triboelectric energy. These even already use Teflon, which has natural conductivity that makes it ideal for this job. But triboelectricity is chaotic, and harnessing it generally involves a bunch of complicated, intersecting variables that can vary with the hourly weather. Promises of static electricity charging devices have often been, well, so much hot, sandy wind.

The scientists at City University of Hong Kong used triboelectric ideas to turn falling raindrops into energy. They say previous versions of the same idea were not very efficient, with materials that didn’t allow for high-fidelity transfer of electrical charge. (Many sources of renewable energy aren’t yet as efficient to turn into power, both because of developing technology and because their renewability means even less efficient use could be better than, for example, fossil fuels, and advances in renewable energy storage could help.)

“[A]chieving a high density of electrical power generation is challenging,” the team explains in its paper. “Traditional hydraulic power generation mainly uses electromagnetic generators that are heavy, bulky, and become inefficient with low water supply.” Diversifying how power is generated by water sources such as oceans and rivers is good for the existing infrastructure as well as new installations.

The research team found that as simulated raindrops fell on their device, the way the water accumulated and spread created a link between their two electrodes, one Teflon-coated and the other aluminum. This watery de facto wire link closes the loop and allows accumulated energy to move through the system. Because it’s a mechanical setup, it’s not limited to salty seawater, and because the medium is already water, its potential isn’t affected by ambient humidity either.

Raindrop energy is very low frequency, which means this tech joins many other existing pushes to harvest continuously available, low frequency natural energy, including underwater 'kites' that exploit steady currents. To make an interface that increases “instantaneous power density by several orders of magnitude over equivalent devices,” as the researchers say they’ve done here, could represent a major step toward feasibility in triboelectric generation.

 

Related News

View more

Energy crisis is a 'wake up call' for Europe to ditch fossil fuels

EU Clean Energy Transition underscores the shift from fossil fuels to renewable energy, decarbonization, and hydrogen, as soaring gas prices and electricity volatility spur resilience, storage, and joint procurement across the single market.

 

Key Points

EU Clean Energy Transition shifts from fossil fuels to renewables, enhancing resilience and reducing price volatility.

✅ Cuts reliance on Russian gas and fossil imports

✅ Scales renewables, hydrogen, and energy storage

✅ Stabilizes electricity prices via market resilience

 

Soaring energy prices, described as Europe's energy nightmare, are a stark reminder of how dependent Europe is on fossil fuels and should serve to accelerate the shift towards renewable forms of energy.

"This experience today of the rising energy prices is a clear wake up call... that we should accelerate the transition to clean energy, wean ourselves off the fossil fuel dependency," a senior EU official told reporters as the European Commission unveiled a series of emergency electricity measures aimed at tackling the crisis.

The European Union is facing a sharp spike in energy prices, driven by increased global demand as the world recovers from the pandemic and lower-than-expected natural gas deliveries from Russia. Wholesale electricity prices have increased by 200% compared to the 2019 average, underscoring why rolling back electricity prices is tougher than it appears, according to the European Commission.

"Winter is coming and for many electricity costs are larger than they have been for a decade," Energy Commissioner Kadri Simson told reporters on Wednesday.

80 million European households struggle to stay warm
Wholesale gas prices — which have surged to record highs in France, Spain, Germany and Italy, amid reports of Germany's local utilities crying for help — are expected to remain high through the winter.

Prices are expected to fall in the spring, but remain higher than the average of past years, according to the Commission. Most EU countries rely on gas-fired power stations to meet electricity demand, and about 40% of that gas comes from Russia, with the EU outlining a plan to dump Russian energy to reduce this reliance, according to Eurostat.

Simson said that the Commission's initial assessment indicates that Russia's Gazprom has been fulfilling its long-term contracts "while providing little or no additional supply."
Kremlin spokesman Dmitry Peskov told journalists on Wednesday that Russia has increased gas supplies to Europe to the maximum possible level under existing contracts, but could not exceed those thresholds. "We can say that Russia is flawlessly fulfilling all contractual obligations," he said.

Measures EU states can take to help consumers and businesses cope with soaring electricity costs include emergency income support to households to help them pay their energy bills, alongside potential gas price cap strategies, state aid for companies, and targeted tax reductions. Member states can also temporarily delay bill payments and put in place processes to ensure that no one is disconnected from the grid.

Green energy the solution
The Commission also published a series of longer term measures the bloc should consider to reduce its dependence on fossil fuels and tackle energy price volatility, despite opposition from nine countries to electricity market reforms.

"Our immediate priority is to protect Europe's consumers, especially the most vulnerable," Simson said. "Second, we want to make our energy system better prepared and more resilient, so we don't have to face a similar situation in the future," she added.

Energy crisis could force more UK factories to close
This would require speeding up the green energy transition rather than slowing it down, Simson said. "We are not facing an energy price surge because of our climate policy or because renewable energy is expensive. We are facing it because the fossil fuel prices are spiking," she continued.

"The only long term remedy against demand shocks and price volatility is a transition to a green energy system."

Simson said she will propose to EU leaders a package of measures to decarbonize Europe's gas and hydrogen markets by 2050. Other measures to improve energy market stability could include increasing gas storage capacity and buying gas jointly at an EU level.

 

Related News

View more

The Banker Trying to Fix the UK's Electricity Grid

UK power grid bottleneck is stalling renewable energy, with connection queues, planning delays, and transmission infrastructure gaps raising costs, slowing decarbonization, and deterring investment as government considers reforms led by a new chief adviser.

 

Key Points

Delays and capacity gaps that hinder connecting new generation and demand, raising costs and slowing decarbonization.

✅ Connection queues delay projects for years

✅ Planning and NIMBY barriers stall transmission builds

✅ Investment costs on bills risk political pushback

 

During his three decades at investment bank Morgan Stanley, Franck Petitgas developed a reputation for solving problems that vexed others. Fixing the UK’s creaking power grid could be his most challenging task yet.

Earlier this year, Prime Minister Rishi Sunak appointed Petitgas as his chief business adviser, and the former financier has been pushing to tackle the gridlock that’s left projects waiting endlessly for a connection, an issue he sees as one of the biggest problems for industry.

But there are no easy solutions to tackle the years-long queue to get on the grid or the drawn-out planning process for building clean power generation, with the energy transition stalled by supply delays compounding the problem. And sluggish progress in expanding and improving the electricity network is preventing the construction of new housing developments and offices, as well as slowing the transition to greener power.

That transition has already taken a knock after Sunak last week controversially watered down some of the UK’s climate ambitions, citing in part the cost to consumers. He also acknowledged the issues surrounding the grid and promised the “most transformative plans” in response, drawing on lessons from Europe’s power crisis where applicable. Those are due to be unveiled within weeks. 

Shortly after his appointment, Petitgas offered reassurances to business leaders at a meeting in Downing Street that solutions were being worked on, according to people familiar with the matter. But there’s a lack of confidence across business that enough will be done.

Cost is a big factor in the expansion of the electricity grid, and some argue a state-owned generation model could ease bills over time. Improving the onshore network alone could require investment of between £100 billion and £240 billion ($122-$293 billion) by 2050, according to a government analysis last year. 

With network expansion funded through power bills, that’s a big ask, particularly with Sunak trailing in polls ahead of an election expected next year.

“It’s very difficult for politicians to say more money should be on bills,” said Emma Pinchbeck, chief executive of Energy UK, a trade body. “So you get to a situation where no one wants to pay for the infrastructure investment until it’s really sticky, and that’s where we’ve got to with the grid.”

There are huge competitive and economic implications if the UK falls further behind. With US President Joe Biden spending an estimated $370 billion on climate measures through his Inflation Reduction Act, and China already a world leader in electric vehicles, Britain’s grid inaction is holding it back in the global race to decarbonize, said Jess Ralston, an analyst at the Energy and Climate Intelligence Unit think tank.

“The UK is dithering and delaying, and not making any strategic decisions,” she said. “You can see companies just saying ‘I’m going to the US, or I’m going to China’.” 

In a statement, the government said it’s a “priority to speed up the time taken to connect new power generators and power consumers to the grid.” It added that it’s taking “significant steps to accelerate grid infrastructure,” including support for new Channel interconnectors announced this year.

The government expects demand for electricity to double by 2035 and that will mean more generation that needs to be linked up to the network by cables and pylons. Local grids will also have to expand to accommodate more connection points for electric vehicles and homes, and invest in large-scale energy storage capacity to balance supply.

But so far, the rapid rise in renewable energy investment has not been accompanied by matching spend on the power network, according to BloombergNEF, a pattern seen in Germany’s grid expansion woes as well.

“The pace and scale of what we now have to deliver is significantly different from the last few decades,” said Carl Trowell, president of UK strategic infrastructure at National Grid. “It’s a national endeavor.”

In June, Electricity Networks Commissioner Nick Winser sent the government recommendations for how to accelerate construction of more transmission infrastructure. He said efforts to decarbonize the power sector will be “wasted if we cannot get the power to homes and businesses.”

“We need a seriously stronger sense of urgency,” said Kevin O’Donovan, country manager for Statkraft UK, which is holding off investment in four wind farms and two solar projects due to grid connection delays.

In addition to cost, the other major stumbling block is planning. Politicians in the governing Conservative Party are wary of angering voters with new infrastructure in rural areas that typically vote Tory. Across the country, “Not In My Back Yard” campaigners – NIMBYs — pose a major challenge to projects.

Petitgas, 62, retired from Morgan Stanley last year after nearly 30 years at the bank, where he led its international division from London. The issues over connections and planning have been repeatedly pointed out to Petitgas by investors and trade groups over a series of meetings this year, according to people familiar with the matter, requesting anonymity discussing private talks.

Yet with a general election looming and the issue plagued by political headaches, many are skeptical that Sunak can find the solutions needed.

One business chief said Downing Street considers the issue too tricky and expensive to tackle in the short-term. Others are concerned that while Petitgas has license from Sunak, he doesn’t have influence across the relevant departments to get grids to the top of the agenda.

 

Wind Farms

Multiple parts of the UK’s climate plans are under pressure. Earlier this month, an auction for contracts to build new wind farms received zero bids from developers, even as wind leads the power mix in many regions, marking yet another green setback. 

The UK is already behind on its target of having 50 gigawatts of offshore wind built by 2030, up from 14 GW today. The challenge is accelerating development without railroading local communities.

Within Sunak’s Conservative Party, some lawmakers are pushing back on new infrastructure in their local areas. A group including Environment Secretary Therese Coffey and former Home Secretary Priti Patel is campaigning against building new pylons across a stretch of eastern England.

According to Adam Bell, director of policy at consultancy Stonehaven, backbench pressure means Sunak is unlikely to take major action on the grid in the near term. He doesn’t see the prime minister accepting Winser’s recommendations, least of all accelerating planning decisions.

“Over the last year, Sunak has favored party management over things that will benefit the country,” Bell said. 

 

Related News

View more

Electricity subsidies to pulp and paper mills to continue, despite NB Power's rising debt

NB Power Pulp and Paper Subsidies lower electricity rates for six New Brunswick mills using firm power benchmarks and interruptible discounts, while government mandates, utility debt, ratepayer impacts, and competitiveness pressures shape provincial energy policy.

 

Key Points

Provincial mandates that buy down firm electricity rates for six mills to a national average, despite NB Power's debt.

✅ Mandated buy-down to match national firm electricity rates

✅ Ignores large non-firm interruptible power discounts

✅ Raises equity concerns amid NB Power debt and rate pressure

 

An effort to fix NB Power's struggling finances that is supposed to involve a look at "all options" will not include a review of the policy that requires the utility to subsidize electricity prices for six New Brunswick pulp and paper mills, according to the Department of Natural Resources and Energy Development.

The program is meant "to enable New Brunswick's pulp and paper companies have access to competitive priced electricity,"  said the department's communications officer Nick Brown in an email Monday 

"Keeping our large industries competitive with other Canadian jurisdictions, amid Nova Scotia rate hike opposition debates elsewhere, is important," he wrote, knocking down the idea the subsidy program might be scrutinized for shortcomings like other NB Power expenses.

Figures released last week show NB Power paid out $9.7 million in rate subsidies to the mills under the program in the fiscal year ended in March 2021, even though the utility was losing $4 million for the year and falling deeper into debt, amid separate concerns about old meter issues affecting households.

Subsidies went to three mills owned by J.D. Irving Ltd. including two in Saint John and one in Lake Utopia, two owned by the AV group in Nackawic and Atholville and the Twin Rivers pulp mill in Edmundston.

The New Brunswick government has made NB Power subsidize pulp and paper mills like Twin Rivers Paper Company since 2012, and is requiring the program to continue despite financial problems at the utility. (CBC)
It was NB Power's second year in a row of financial losses, while it is supposed to pay down $500 million of its $4.9 billion debt load in the next five years to prepare for the refurbishment of the Mactaquac dam, a burden comparable to customers in Newfoundland paying for Muskrat Falls elsewhere under separate policies, under a directive issued by the province

NB Power president Keith Cronkhite said he was "very disappointed" with debt increasing last year instead of  falling and senior vice president and chief financial officer Darren Murphy said everything would be under the microscope this year to turn the utility's finances around.  

"We need to do better," said Murphy on Thursday

"We need to step back and make sure we're considering all options, including approaches like Newfoundland's ratepayer shield agreement on megaproject overruns, to achieve that objective because the objective is quickly closing in on us."

However, reviewing the subsidy program for the six pulp and paper mills is apparently off limits.

The subsidy program requires NB Power to buy down the cost of "firm" electricity bought by pulp and paper mills to a national average that is calculated by the Department of Natural Resources and Energy Development.

Last year the province declared the price mills in New Brunswick pay to be an average of  7.536 cents per kilowatt hour (kwh).  It is higher than rates in five other provinces that have mills, which the province points to as justification for the subsidies, even as Nova Scotia's 14% rate hike approval highlights broader upward pressure, although the true significance of that difference is not entirely clear.

In British Columbia, the large forest products company Paper Excellence operates five pulp and paper mills which are charged 17.2 per cent less for firm electricity than the six mills in New Brunswick.

The Paper Excellence Paper Mill in Port Alberni, B.C. pays lower electricity prices than mills in New Brunswick, a benefit largely offset by higher property taxes. It's a factor New Brunswick does not count in calculating subsidies NB Power must pay. (Paper Excellence)
However, local property taxes on the five BC mills are a combined $7.8 million higher than the six New Brunswick plants, negating much of that difference.

The province's subsidy formula does not account for differences like that or for the fact New Brunswick mills buy a high percentage of their electricity at cheap non-firm prices.

Not counting the subsidies, NB Power already sells high volumes of what it calls interruptible and surplus power to industry at deep discounts on the understanding it can be cut off and redeployed elsewhere on short notice when needed.

Actual interruptions in service are rare.  Last year there were none, but NB Power sold 837 million kilowatt hours of the discounted power to industry at an average price of 4.9 cents per kwh.   

NB Power does not disclose how much of the $22 million or more in savings went to the six mills, but the price was 35 per cent below NB Power's posted rate for the plants and rivaled firm prices big mills receive anywhere in Canada, including Quebec.

Asked why the subsidy program ignores large amounts of discounted interruptible power used by New Brunswick mills in making comparisons between provinces, Brown said regulations governing the program require a comparison of firm prices only.

"The New Brunswick average rate is based on NB Power's published large industrial rate for firm energy, as required by the Electricity from Renewable Resources regulation," he wrote.

The subsidy program itself was imposed on NB Power by the province in 2012 to aid companies suffering after years of poor markets for forest products following the 2008 financial collapse and recession.  

Providing subsidies has cost NB Power $100 million so far and has continued even as markets for pulp products improved significantly and NB Power's own finances worsened.

Report warned against subsidies
NB Power has never directly criticized the program, but in a matter currently in front the of the New Brunswick Energy and Utilities Board looking at how NB Power might restructure its rates, including proposals such as seasonal rates that could prompt backlash, an independent consultant hired by the utility suggested rate subsidies to large export oriented manufacturing facilities, like pulp and paper mills, is generally a poor idea.

"We do not recommend offering subsidies to exporters," says the report by Christensen Associates Energy Consulting of Madison, Wis.

"There are two serious economic problems with subsidizing exports. The first is that the benefits may be less than the costs. The second problem is that subsidies tend to last forever, even if the circumstances that initially justified the subsidies have disappeared."

The Christensen report did not directly assess the merits of the current subsidy for pulp and paper mills but it addressed the issue because it said in the design of new rates "one NB Power business customer has raised the possibility that their electricity-intensive business ought to be granted subsidies because of the potential to generate extra benefits for the Province through increases in their exports"

That, said Christensen, rarely benefits the public.

"The direct costs of the subsidies are the subsidies themselves, a part of which ends up in the pockets of out-of-province consumers of the exported goods," said the report.  

"But there are also indirect costs due to the fact that the subsidies are financed through higher electricity prices, which means that other electricity customers have less money to spend on services provided by local businesses, thus putting a drag on the local economy."

The province does not agree.

Asked whether it has any studies or cost-benefit reviews that show the subsidy program is a net benefit to New Brunswick, the department cited none but maintained it is an important initiative, even as elsewhere governments have offered electricity bill credit relief to ratepayers.

"The program was designed to give large industrial businesses the ability to compete on a level energy field," wrote Brown.
 

 

Related News

View more

National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.