Nuclear alert investigation won't be long and drawn out, minister says


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Pickering Nuclear False Alert Investigation probes Ontario's emergency alert system after a provincewide cellphone, radio, and TV warning, assessing human error, Pelmorex safeguards, Emergency Management Ontario oversight, and communication delays.

 

Key Points

An Ontario probe into the erroneous Pickering nuclear alert, focusing on human error, system safeguards, and oversight.

✅ Human error during routine testing suspected

✅ Pelmorex safeguards and EMO protocols under review

✅ Two-hour all-clear delay prompts communication fixes

 

An investigation into a mistaken Pickering alert warning of an incident at the Pickering Nuclear Generating Station will be completed fairly quickly, Ontario's solicitor general said.

Sylvia Jones tapped the chief of Emergency Management Ontario to investigate how the alert warning of an unspecified problem at the facility was sent in error to cellphones, radios and TVs across the province at about 7:30 a.m. Sunday.

"It's very important for me, for the people of Ontario, to know exactly what happened on Sunday morning," said Jones. "Having said that, I do not anticipate this is going to be a long, drawn-out investigation. I want to know what happened and equally important, I want some recommendations on insurances and changes we can make to the system to make sure it doesn't happen again."


Initial observations suggest human error was responsible for the alert that was sent out during routine tests of the emergency alert, Jones said.

"This has never happened in the history of the tests that they do every day, twice a day, but I do want to know exactly all of the issues related to it, whether it was one human error or whether it was a series of things."

Martin Belanger, the director of public alerting for Pelmorex, a company that operates the alert system, said there are a number of safeguards built in, including having two separate platforms for training and live alerts.

"The software has some steps and some features built in to minimize that risk and to make sure that users will be able to know whether or not they're sending an alert through the...training platform or whether they're accessing the live system in the case of a real emergency," he said.

Only authorized users have access to the system and the province manages that, Belanger said. Once in the live system, features make the user aware of which platform they are using, with various prompts and messages requiring the user's confirmation. There is a final step that also requires the user to confirm their intent of issuing an alert to cellphones, radio and TVs, Belanger said.

On Sunday, a follow-up alert was sent to cellphones nearly two hours after the original notification, and similar grid alerts in Alberta underscore timing and public expectations.

NDP energy critic Peter Tabuns is critical of that delay, noting that ongoing utility scam warnings can further erode public trust.

"That's a long time for people to be waiting to find out what's really going on," he said. "If people lose confidence in this system, the ability to use it when there is a real emergency will be impaired. That's dangerous."

Treasury Board President Peter Bethlenfalvy, who represents the riding of Pickering-Uxbridge, said getting that alert Sunday morning was "a shock to the system," and he too wants the investigation to address the reason for the all-clear delay.

"We all have a lot of questions," he said. "I think the public has every right to know exactly what went on and we feel exactly the same way."

People in the community know the facility is safe, Bethlenfalvy said.

"We have some of the safest nuclear assets in the world -- the safest -- at 60 per cent of Ontario's electricity," he said.

A poll released Monday found that 82 per cent of Canadians are concerned about spills from nuclear reactors contaminating drinking water and 77 per cent are concerned about neighbourhood safety and security risks for those living close to nuclear plants. Oraclepoll Research surveyed 2,094 people across the country on behalf of Friends of the Earth between Jan. 2 and 12, the day of the false alert. The have a margin of error of plus or minus 2.1 per cent, 19 times out of 20.

The wording of Sunday's alert caused much initial confusion, and events like a power outage in London show how morning disruptions can amplify concern, warning residents within 10 kilometres of the plant of "an incident," though there was no "abnormal" release of radioactivity and residents didn't need to take protective steps, but emergency crews were responding.

In the event of a real emergency, the wording would be different, Jones said.

"There are a number of different alerts that are already prepared and are ready to go," she said. "We have the ability to localize it to the communities that are impacted, but because this was a test, it went provincewide."

Jones said she expects the results of the probe to be made public.

The Pickering nuclear plant has been operating since 1971, and had been scheduled to be decommissioned this year, but the former Liberal government -- and the current Progressive Conservative government -- committed to keeping it open until 2024. Decommissioning is now set to start in 2028.

It operates six CANDU reactors, generates 14 per cent of Ontario's electricity and is responsible for 4,500 jobs across the region, according to OPG, and OPG's credit rating remains stable.

During the COVID-19 pandemic, Hydro One employees supported the Province of Ontario in the fight against COVID-19.

The Green party is calling on the province to use this opportunity to review its nuclear emergency response plan, including pandemic staffing contingencies, last updated in 2017 and subject to review every five years.

Toronto Mayor John Tory praised Ontario for swiftly launching an investigation, but said communication between city and provincial officials wasn't what it should have been under the circumstances.

"It was a poor showing and I think everybody involved knows that," he said. "We've got to make sure it's not repeated."

 

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Rising Electricity Prices: Inflation, Climate Change, and Clean Energy Challenges

Rising Electricity Prices are driven by inflation, climate change, and the clean energy transition, affecting energy bills, grid resilience, and supply. Renewables, storage, and infrastructure upgrades shape costs, volatility, and long-term sustainability.

 

Key Points

Rising electricity prices stem from inflation, climate risk, and costs of integrating clean energy and storage into modern grids.

✅ Inflation raises fuel, materials, and labor costs for utilities

✅ Extreme weather damages infrastructure and strains peak demand

✅ Clean energy rollout needs storage, backup, and grid upgrades

 

In recent months, consumers have been grappling with a concerning trend: rising electricity prices across the country. This increase is not merely a fluctuation but a complex issue shaped by a confluence of factors including inflation, climate change, and the transition to clean energy. Understanding these dynamics is crucial for navigating the current energy landscape and preparing for its future.

Inflation and Its Impact on Energy Costs

Inflation, the economic phenomenon of rising prices across various sectors, has significantly impacted the cost of living, including electricity and natural gas prices for households. As the price of goods and services increases, so too does the cost of producing and delivering electricity. Energy production relies heavily on raw materials, such as metals and fuels, whose prices have surged in recent years. For instance, the costs associated with mining, transporting, and refining these materials have risen, thereby increasing the operational expenses for power plants.

Moreover, inflation affects labor costs, as wages often need to keep pace with the rising cost of living. As utility companies face higher expenses for both materials and labor, these costs are inevitably passed on to consumers in the form of higher electricity bills.

Climate Change and Energy Supply Disruptions

Climate change also plays a significant role in driving up electricity prices. Extreme weather events, such as hurricanes, heatwaves, and floods, have become more frequent and severe due to climate change. These events disrupt energy production and distribution by damaging infrastructure, impeding transportation, and affecting the availability of resources.

For example, hurricanes can knock out power plants and damage transmission lines, leading to shortages and higher costs. During periods of extreme summer heat across many regions, heatwaves can strain the power grid as increased demand for air conditioning pushes the system to its limits. Such disruptions not only lead to higher immediate costs but also necessitate costly repairs and infrastructure upgrades.

Additionally, the increasing frequency of natural disasters forces utilities to invest in more resilient infrastructure, as many utilities spend more on delivery to harden grids and reduce outages, which adds to overall costs. These investments, while necessary for long-term reliability, contribute to short-term price increases for consumers.

The Transition to Clean Energy

The shift towards clean energy is another pivotal factor influencing electricity prices. While renewable energy sources like wind, solar, and hydro power are crucial for reducing greenhouse gas emissions and combating climate change, their integration into the existing grid presents challenges.

Renewable energy infrastructure requires substantial initial investment. The construction of wind farms, solar panels, and the associated grid improvements involve significant capital expenditure. These upfront costs are often reflected in electricity prices. Moreover, renewable energy sources can be intermittent, meaning they do not always produce electricity at times of high demand. This intermittency necessitates the development of energy storage solutions and backup systems, which further adds to the costs.

Utilities are also transitioning from fossil fuel-based energy production to cleaner alternatives, a process that involves both technological and operational shifts and intersects with the broader energy crisis impacts on electricity, gas, and EVs nationwide. These changes can temporarily increase costs as utilities phase out old systems and implement new ones. While the long-term benefits of cleaner energy include environmental sustainability and potentially lower operating costs, the transition period can be financially burdensome for consumers.

The Path Forward

Addressing rising electricity prices requires a multifaceted approach. Policymakers must balance the need for immediate relief, as California regulators face calls for action amid soaring bills, with the long-term goals of sustainability and resilience. Investments in energy efficiency can help reduce overall demand and ease pressure on the grid. Expanding and modernizing energy infrastructure to accommodate renewable sources can also mitigate price volatility.

Additionally, efforts to mitigate climate change through improved resilience and adaptive measures can reduce the frequency and impact of extreme weather events, thereby stabilizing energy costs.

Consumer education is vital in this process. Understanding the factors driving electricity prices can empower individuals to make informed decisions about energy consumption and conservation. Furthermore, exploring energy-efficient appliances and practices can help manage costs in the face of rising prices.

In summary, the rising cost of electricity is a multifaceted issue influenced by inflation, climate change, and the transition to clean energy, and recent developments show Germany's rising energy costs in the coming year. While these factors pose significant challenges, they also offer opportunities for innovation and improvement in how we produce, distribute, and consume energy. By addressing these issues with a balanced approach, it is possible to navigate the complexities of rising electricity prices while working towards a more sustainable and resilient energy future.

 

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P.E.I. government exploring ways for communities to generate their own electricity

P.E.I. Community Energy Independence empowers local microgrids through renewable generation, battery storage, and legislative reform, enabling community-owned power, stable electricity rates, and grid-friendly distributed generation across Island communities with wind, biomass, and net metering models.

 

Key Points

A program enabling communities to generate and store renewable power under supportive laws and grid-friendly models.

✅ Legislative review of Electric Power and Renewable Energy Acts

✅ Community microgrids with wind, biomass, and battery storage

✅ Grid integration without raising rates via Maritime Electric

 

The P.E.I. government is taking steps to review energy legislation and explore new options when it comes to generating power across Island communities.

Energy Minister Steven Myers said one of those options will be identifying ways for Island communities to generate their own energy, aligning with a federal electrification study now examining how electricity can reduce or eliminate fossil fuels. 

He said the move would provide energy independence, create jobs and economic development, and save the communities on their energy bills, as seen with an electricity bill credit in Newfoundland that eased costs for consumers.

But the move will require sweeping legislative changes, that may include the merging of the Electric Power Act and the Renewable Energy Act, similar to an electricity market overhaul in Connecticut seen in other jurisdictions.  

Myers said creating energy independence should ensure a steady supply of electricity while also ensuring costs remain reasonable for P.E.I. residents, even as a Nova Scotia electricity rate hike highlights regional cost pressures.   

"We have communities that are looking to generate their own electricity for their own needs," said Myers, adding the province will not dictate what energy sources communities can invest in. 

He also said the province wants to find new community-based models that will complement existing services.

"How do we do that in a way that we don't impact the grid, that we don't impact the service that Maritime Electric is delivering, mindful of a seasonal rate backlash in New Brunswick that illustrates consumer concerns, that we don't drive up the rates for all other Islanders."

Last fall, a group of P.E.I. MLAs traveled to Samsø, a small Danish island, where they learned about renewable and sustainable energy systems being used there.

The province is looking at storage options so it can store power generated during the day to be used in the evening when electricity use is at its highest. (CBC)
Samsø produces 100 per cent of its electricity from wind and biomass, and utilities like HECO meeting renewable goals early show how quickly transitions can occur. The P.E.I. government said the Island produces 25 per cent of its electricity from wind. 

Following the trip, Myers said he was impressed by the control the island had over its energy production and would like to see if a similar model could work on P.E.I. 

Myers said the legislative review will also look at different ways to store energy on the Island. 

He said that will allow communities to sell that excess energy into the provincial electricity grid, and those revenues could be redirected into that community's priorities. 

'For the survival and the future of their community'
"This is kind of a model that we had suggested that would be in place that would allow people in their own community to produce a revenue stream for themselves that they could then turn into projects like rinks, or parks, or tennis courts or whatever it is that community thinks is the most important thing for the survival and the future of their community," said Myers. 

Energy Minister Steven Myers says creating energy independence could create a steady supply of electricity while also ensuring costs remain reasonable for P.E.I. residents. (Randy McAndrew/CBC)
The province said Maritime Electric, Summerside Electric and the P.E.I. Energy Corporation will be involved in the review, recognizing that a Nova Scotia ruling on rate-setting powers underscores regulatory limits 

Government also wants to hear from Islanders and will be accepting written submissions beginning Monday. Myers said the province is also planning to host public consultations, but because of COVID-19, those will be held virtually in mid-June.

Myers calls this a major move, one that will take time. He said he doesn't expect the legislation to be made public until the spring of 2021.

"I want to make sure we take our time and do the proper consultation."

 

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Hydro-Quebec shocks cottage owner with $5,300 in retroactive charges

Hydro-Quebec back-billing arises from analogue meter errors and estimated consumption, leading to arrears for electricity usage; disputes over access, payment plans, and potential power diversion reviews can impact cottage owners near Gatineau.

 

Key Points

Hydro-Quebec back-billing recovers underbilled electricity from analogue meter errors or prolonged estimated use.

✅ Triggered by inaccurate analogue meters or missed readings

✅ Based on actual usage versus prior estimated consumption

✅ Payment plans may spread arrears; theft checks may adjust

 

A relaxing lakefront cottage has become a powerful source of stress for an Ottawa woman who Hydro-Quebec is charging $5,300 to cover what it says are years of undercharging for electricity usage.

The utility said an old analogue power meter is to blame for years of inaccurate electricity bills for the summer getaway near Gatineau, Que.

Separate from individual billing issues, Hydro-Quebec has also reported pandemic-related losses earlier this year.

Owner Jan Hodgins does not think she should be held responsible for the mistake, nor does she understand how her usage could have surged over the years.

“I’m very hydro conscious, because I was raised that way. When you left a room, you always turned the light out,” she told CTV Montreal on Wednesday, relating her shock after receiving some hefty bills from Hydro-Quebec on Sept. 22.

Hodgins said she mainly uses the cottage on weekends, does not heat the place when she is not there, and does not use a washer or dryer, to keep her energy footprint as small as possible. She’s owned the cottage for 14 years, during which she says her monthly bill has hovered around $40.

Hydro-Quebec said it has not had an accurate reading of her usage for several years, relying instead on consumption estimates to determine what she pays. The company recently reviewed her energy consumption back to 2014, and found their estimates were not accurate.

“In the past, she was consuming about 10 to 15 kilowatt hours per day. This summer she was more around 40 kilowatt hours per day,” Marc-Antoine Pouliot with Hydro-Quebec told CTV Ottawa.

Hodgins said that means her regular bill will now be more than twice the $200 her neighbours are paying for hydro each month, even with peak hydro rates in place.

Hydro-Quebec said it will correct the bill if its technicians discover that someone is illegally diverting power nearby.

Hodgins said it’s not her fault that technicians did not check her meter in person, and chose to rely on inaccurate estimates. Pouliot argues that reaching her cottage was too difficult.

“There was too much snow. There were conditions during the winter disconnection ban period, and the consequence was that people, our workers, were not able to reach the meter,” he said.

Hydro-Quebec said it is willing to stretch out the debt into monthly payments over a year, which Hodgins said amount to $440 per month on top of her regular bill.

Utilities also caution customers about scammers threatening shutoffs during billing disputes.

“I’m on a fixed income. I don’t have that kind of money. I’m completely distraught,” she said. “I don’t know what I’m going to do.”

 

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Opinion: Germany's drive for renewable energy is a cautionary tale

Germany Energiewende Lessons highlight climate policy tradeoffs, as renewables, wind and solar face grid constraints, coal phase-out delays, rising electricity prices, and public opposition, informing Canada on diversification, hydro, oil and gas, and balanced transition.

 

Key Points

Insights from Germany's renewable shift on costs, grid limits, and emissions to guide Canada's balanced energy policy.

✅ Evidence: high power prices, delayed coal exit, limited grid buildout

✅ Land, materials, and wildlife impacts challenge wind and solar scale-up

✅ Diversification: hydro, nuclear, gas, and storage balance reliability

 

News that Greta Thunberg is visiting Alberta should be welcomed by all Canadians.

The teenaged Swedish environmentalist has focused global attention on the climate change debate like never before. So as she tours our province, where selling renewable energy could be Alberta's next big thing, what better time for a reality check than to look at a country that is furthest ahead in already adapting steps that Greta is advocating.

That country is Germany. And it’s not a pretty sight.

Germany embraced the shift toward renewable energy before anyone else, and did so with gusto. The result?

Germany’s largest newsmagazine Der Spiegel published an article on May 3 of this year entitled “A Botched Job in Germany.” The cover showed broken wind turbines and half-finished transition towers against a dark silhouette of Berlin.

Germany’s renewable energy transition, Energiewende, is a bust. After spending and committing a total of US$580 billion to it from 2000 to 2025.

Why is that? Because it’s been a nightmare of foolish dreams based on hope rather than fact, resulting in stalled projects and dreadfully poor returns.

Last year Germany admitted it had to delay its phase-out of coal and would not meet its 2020 greenhouse gas emissions reduction commitment. Only eight per cent of the transmission lines needed to support this new approach to powering Germany have been built.

Opposition to renewables is growing due to electricity prices rising to the point they are now among the highest in the world. Wind energy projects in Germany are now facing the same opposition that pipelines are here in Canada. 

Opposition to renewables in Germany, reports Forbes, is coming from people who live in rural or suburban areas, in opposition to the “urbane, cosmopolitan elites who fetishize their solar roofs and Teslas as a sign of virtue.” Sound familiar?

So, if renewables cannot successfully power Germany, one of the richest and most technologically advanced countries in the world, who can do it better?

The biggest problem with using wind and solar power on a large scale is that the physics just don’t work. They need too much land and equipment to produce sufficient amounts of electricity.

Solar farms take 450 times more land than nuclear power plants to produce the same amount of electricity. Wind farms take 700 times more land than natural gas wells.

The amount of metal required to build these sites is enormous, requiring new mines. Wind farms are killing hundreds of endangered birds.

No amount of marketing or spin can change the poor physics of resource-intensive and land-intensive renewables.

But, wait. Isn’t Norway, Greta’s neighbour, dumping its energy investments and moving into alternative energy like wind farms in a big way?

No, not really. Fact is only 0.8 per cent of Norway’s power comes from wind turbines. The country is blessed with a lot of hydroelectric power, but that’s a historical strength owing to the country’s geography, nothing new.

And yet we’re being told the US$1-trillion Oslo-based Government Pension Fund Global is moving out of the energy sector to instead invest in wind, solar and other alternative energy technologies. According to 350.org activist Nicolo Wojewoda this is “yet another nail in the coffin of the coal, oil, and gas industry.”

Well, no.

Norway’s pension fund is indeed investing in new energy forms, but not while pulling out of traditional investments in oil and gas. Rather, as any prudent fund manager will, they are diversifying by making modest investments in emerging industries such as Alberta's renewable energy surge that will likely pay off down the road while maintaining existing investments, spreading their investments around to reduce risk. Unfortunately for climate alarmists, the reality is far more nuanced and not nearly as explosive as they’d like us to think.

Yet, that’s enough for them to spin this tale to argue Canada should exit oil and gas investment and put all of our money into wind and solar, even as Canada remains a solar power laggard according to experts.

That is not to say renewable energy projects like wind and solar don’t have a place. They do, and we must continue to innovate and research lower-polluting ways to power our societies on the path to zero-emissions electricity by 2035 in Canada.

But like it actually is in Norway, investment in renewables should supplement — not replace — fossil fuel energy systems if we aim for zero-emission electricity in Canada by 2035 without undermining reliability. We need both.

And that’s the message that Greta should hear when she arrives in Canada.

Rick Peterson is the Edmonton-based founder and Beth Bailey is a Calgary-based supporter of Suits and Boots, a national not-for-profit group of investment industry professionals that supports resource sector workers and their families.

 

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Opp Leader calls for electricity market overhaul to favor consumers over generators

Labor National Electricity Market Reform aims to rebalance NEM rules, support a fair-dinkum clean energy target, enable renewable zones, bolster storage and grid reliability, empower households, and unlock CEFC investment via the Finkel review.

 

Key Points

Labor's plan to overhaul NEM rules for households, clean energy targets, renewable zones, storage, and CEFC investment.

✅ Revises NEM rules to curb big generators' market power

✅ Backs a clean energy target informed by the Finkel review

✅ Expands renewable zones, storage, and CEFC finance

 

Australia's Labor leader Bill Shorten has called for significant changes to the rules governing the national electricity market, saying they are biased in favour of big energy generators, leaving households worse off even with measures like a WA electricity bill credit in place.

He said the national electricity market (NEM) rules are designed to help the big companies recoup the money they spent on purchasing government assets, a dynamic echoed in debates like a Calgary market overhaul dispute unfolding in Canada, rather than encourage households to generate their own power, and they need to change faster to adapt to consumer needs.

His comments hint at a possible overhaul of the NEM’s governance structure under a future Labor government, because the current rule-making process is too cumbersome and slow, with suggested rules changes taking years to be introduced.

Daniel Andrews defends claims that civil liberties a 'luxury' in fight against terrorism

Labor had promoted a similar idea in the lead-up to the 2016 election, with its call for an electricity modernization review, but now the Finkel review has been released it would be used to guide such a review.

In a speech to the Australian Financial Review’s National Energy Summit in Sydney on Monday, Shorten recommitted Labor to negotiating a “fair-dinkum” clean energy target with the Turnbull government, amid modelling that a strong clean energy target can lower electricity prices, saying “it’s time to put away the weapons of the climate change wars” and work together to find a way forward.

He said the media and business can all share the blame for Australia’s lost decade of energy policy development, with examples abroad showing how leadership steers change, such as in Alberta where Kenney's influence on power policy has been pronounced, but “we need to stop spoiling for a fight and start seeking a solution”.

“The scare campaigns and hyper-partisanship that got Australia into this mess, will not get us out of it,” he will say.

“That’s why, a bit over four months ago, before the chief scientist released his report, I wrote to the prime minister offering an olive branch.

“I said Labor was prepared to move from our preferred position of an emissions intensity scheme and negotiate a fair-dinkum clean energy target.

“That offer was greeted with some cynicism in the media. But let me be crystal clear – I made that offer in good faith, and that offer still stands.”

Shorten said Australia needs to resolve the current “gas crisis” and do more to drive investment in renewable energy that delivers more reliable electricity, a priority underscored by the IEA's warning that falling global energy investment risks shortages, and if Labor wins the next election it will organise Australia into a series of renewable energy zones – as recommended by the chief scientist, Alan Finkel – that identify wind, solar, pumped hydro and geothermal resources, and connect them to the existing network.

“These zones would be based on both existing generation and storage in the area – and the potential for future development,” he said.

Australia's politics only barrier to clean energy system, report finds

“Identifying these zones – from eastern Queensland, north-east New South Wales, west Victoria, the Eyre Peninsula in South Australia and the entire state of Tasmania – will also plant a flag for investors – signalling future sites for job-creating projects.”

Shorten also said Labor will free up the Clean Energy Finance Corporation to invest in more generation and more storage.

“Under Labor, the return benchmark for the CEFC was set at the weighted average of the Australian government bond rate.

“Under this government, it was initially increased to the weighted average plus 4% to 5% and is now set at the average plus 3% to 4%.

“Setting the return benchmark too high defeats the driving purpose of the CEFC and it holds back the crucial investment Australia needs – right now – in new generation and storage.

“This is why a Labor government would restore the original benchmark return of the Clean Energy Finance Corporation, to invest in more generation, more storage and more jobs.”

 

 

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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.

 

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