Electricity Shut-Offs in a Pandemic: How COVID-19 Leads to Energy Insecurity, Burdensome Bills


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COVID-19 Energy Burden drives higher electricity bills as income falls, intensifying energy poverty, utility shut-offs, and affordability risks for low-income households; policy moratoriums, bill relief, and efficiency upgrades are vital responses.

 

Key Points

The COVID-19 energy burden is the rising share of income spent on energy as bills increase and earnings decline.

✅ Rising home demand and lost wages increase energy cost share.

✅ Mandated shut-off moratoriums and reconnections protect health.

✅ Fund assistance, efficiency, and solar for LMI households.

 

I have asthma. It’s a private piece of medical information that I don’t normally share with people, but it makes the potential risks associated with exposure to the coronavirus all the more dangerous for me. But I’m not alone. 107 million people in the U.S. have pre-existing medical conditions like asthma and heart disease; the same pre-existing conditions that elevate their risk of facing a life-threatening situation were we to contract COVID-19. There are, however, tens of millions more house-bound Americans with a condition that is likely to be exacerbated by COVID-19: The energy burden.

The energy burden is a different kind of pre-existing condition:
In the last four weeks, 22 million people filed for unemployment. Millions of people will not have steady income (or the healthcare tied to it) to pay rent and utility bills for the foreseeable future which means that thousands, possibly millions of home-bound Americans will struggle to pay for energy.

Your energy burden is the amount of your monthly income that goes to paying for energy, like your monthly electric bill. So, when household energy use increases or income decreases, your energy burden rises. The energy burden is not a symptom of the pandemic and the economic downturn; it is more like a pre-existing condition for many Americans.

Before the coronavirus outbreak, I shared a few maps that showed how expensive electricity is for some. The energy burden in most pronounced in places already struggling economically, like in Appalachia, where residents in some counties must put more than 30 percent of their income toward their electric bills, and in the Midwest where states such as Michigan have some families spending more than 1/5 of their income on energy bills. The tragic facts are that US families living below the poverty line are far more likely to also be suffering from their energy burden.

But like other pre-existing conditions, the impacts of the coronavirus pandemic are exacerbating the underlying problems afflicting communities across the country.

Critical responses to minimize the spread of COVID-19 are social distancing, washing hands frequently, covering our faces with masks and staying at home. More time at home for most will drive up energy bills, and not by a little. Estimates on how much electricity demand during COVID-19 will increase vary but I’ve seen estimates as high as a 20% increase on average. For some families that’s a bag of groceries or a refill on prescription medication.

What happens when the power gets turned off?
Under normal conditions, if you cannot pay your electric bill your electricity can get turned off. This can have devastating consequences. Most states have protections for health and medical reasons and some states have protections during extreme heat or cold weather. But enforcement of those protections can vary by utility service area and place unnecessary burdens on the customer.

UCS
Only Florida has no protections of any kind against utility shut-offs when health or medical reasons would merit protection against it. However, when it comes to protection against extreme heat, only a few states have mandatory protections based on temperature thresholds.

The NAACP has also pointed out that utilities have unceremoniously disconnected the power of millions of people, disproportionally African-American and Latinx households.

April tends to be a mild month for most of the country, but the South already had its first heat wave at the end of March. If this pandemic lasts into the summer, utility disconnects could become deadly, and efforts to prevent summer power outages will be even more critical to public health. In the summer, during extreme summer heat families can’t turn off the A/C and go to the movies if we are following public health measures and sheltering in place. Lots of families that don’t have or can’t afford to run A/C would otherwise gather at local community pools, beaches, or in cooling centers, but with parks, pools and community groups closed to prevent the virus’s spread, what will happen to these families in July or August?

But we won’t have to wait till the summer to see how families will be hard hit by falling behind on bills and losing power. Here are a few ways electricity disconnection policies cause people harm during the pandemic:

Loss of electricity during the COVID-19 pandemic means families will lose their ability to refrigerate essential food supplies.
Child abuse guidance discusses how unsanitary household conditions are a contributing factor to child protective services involvement. Unsanitary household conditions can include, for example, rotting food (which might happen if electricity is cut off).

HUD’s handbook on federally subsidized housing includes a chapter on termination, which says that lease agreements can be terminated for repeated minor infractions including failing to pay utilities.
Airway machines used to treat respiratory ailments—pre-existing conditions in this pandemic—will not work. Our elderly neighbors in particular might rely on medicine that requires refrigeration or medical equipment that requires electricity. They too have fallen victim to utility shut-offs even during the pandemic.

Empowering solutions are available today

Decisionmakers seeking solutions can look to implement utility shut off moratoriums as a good start. Good news is that many utilities have voluntarily taken action to that effect, and New Jersey and New York have suspended shut-offs, one of the best trackers on who is taking what action has been assembled by Energy Policy Institute.

But voluntary actions do not always provide comprehensive protection, and they certainly have not been universally adopted across the country. Some utilities are waiving fees as relief measures, and some moratoriums only apply to customers directly affected by COVID-19, which will place additional onerous red tape on households that are stricken and perhaps unable to access testing. Others might only be an extension of standard medical shut off protections. Moratoriums put in place by voluntary action can also be revoked or lifted by voluntary action, which does not provide any sense of certainty to people struggling to make ends meet.

This is why the US needs mandatory moratoriums on all utility disconnections. These normally would be rendered at the state level, either by a regulatory commission, legislative act, or even an emergency executive order. But the inconsistent leadership among states in response to the COVID-19 crisis suggests that Congressional action is needed to ensure that all vulnerable utility customers are protected. That’s exactly what a coalition of organizations, including UCS, is calling for in future federal aid legislation. UCS has called for a national moratorium on utility shut-offs.

And let’s be clear, preventing new shut-offs isn’t enough. Cutting power off at residence during a pandemic is not good public policy. People who are without electricity should have it restored so residents can safely shelter in place and help flatten the curve. So far, only Colorado and Wisconsin’s leadership has taken this option.

Addressing the root causes of energy poverty
Preventing shut-offs is a good first step, but the increased bill charges will nevertheless place greater economic pressure on an incalculable number of families. Addressing the root of the problem (energy affordability) must be prioritized when we begin to recover from the health and economic ramifications of the COVID-19 pandemic.

One way policymakers can do that is to forgive outstanding balances on utility bills, perhaps with an eligibility cap based on income. Additional funds could be made available to those who are still struggling to pay their bills via capping bills, waiving late payment fees, automating payment plans or other protective measures that rightfully place consumers (particularly vulnerable consumers) at the center of any energy-related COVID-19 response. Low-and-moderate-income energy efficiency and solar programs should be funded as much as practically possible.

New infrastructure, particularly new construction that is slated for public housing, subsidized housing, or housing specifically marketed for low- and moderate-income families, should include smart thermostats, better insulation, and energy-efficient appliances.

Implementing these solutions may seem daunting, let us not forget that one of the best ways to ease people’s energy burden is to keep a utility’s overall energy costs low. That means state utility commissions must be vigilant in utility rate cases and fuel recovery cost dockets to protect people facing unfathomable economic pressures. Unscrupulous utilities have been known to hide unnecessary costs in our energy bills. Commissions and their staff are overwhelmed at this time, but they should be applying extra scrutiny during proceedings when utilities are recovering costs associated with delivering energy.

What might a utility try to get past the commission?
Well, residential demand is up, so for many people, bills will increase. However, wholesale electricity rates are low right now, in some cases at all-time lows. Why? Because industrial and commercial demand reductions (from social distancing at home) have more than offset residential demand increases. Overall US electricity demand is flat or declining, and supply/demand economics predicts that when demand decreases, prices decrease.

At the same time, natural gas prices have set record lows each month of this year and that’s a trend that is expected to hold true for a while.

Low demand plus low gas prices mean wholesale market prices are incredibly low. Utilities should be taking advantage of low market prices to ensure that they deliver electricity to customers at as low a cost as possible. Utilities must also NOT over-run coal plants uneconomically or lean on aging capacity despite disruptions in coal and nuclear that can invite brownouts because that will not only needlessly cost customers more, but it will also increase air pollution which will exacerbate respiratory issues and susceptibility to COVID-19, according to a recent study published by Harvard.

 

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Seattle City Light's Initiative Helps Over 93,000 Customers Reduce Electricity Bills

Seattle City Light Energy Efficiency Programs help 93,000 residents cut bills with rebates, home energy audits, weatherization, conservation workshops, and sustainability tools, reducing electricity use and greenhouse gas emissions across Seattle communities.

 

Key Points

They are utility programs that lower electricity use and bills via rebates, energy audits, and weatherization services.

✅ Rebates for ENERGY STAR appliances and efficient HVAC upgrades

✅ Free audits with tailored recommendations and savings roadmaps

✅ Weatherization aid for low-income households and renters

 

In a noteworthy achievement for both residents and the environment, Seattle City Light has successfully helped more than 93,000 customers reduce their electricity bills through various energy efficiency programs. This initiative not only alleviates financial burdens for many households, amid concerns about pandemic-era shut-offs that heightened energy insecurity, but also aligns with the city’s commitment to sustainability and responsible energy use.

The Drive for Energy Efficiency

Seattle City Light, the city’s publicly owned electric utility, has been at the forefront of promoting energy efficiency among its customers. Recognizing that energy costs can strain household budgets, the utility has developed a range of programs and tracks emerging utility rate designs to help residents lower their energy consumption and, consequently, their bills.

One of the main aspects of this initiative is the emphasis on education and awareness. By providing customers with tools and resources to understand their energy usage, City Light empowers residents to make informed choices that can lead to substantial savings and prepare for power outage events as well.

Key Programs and Services

Seattle City Light offers a variety of programs aimed at reducing energy consumption. Among the most popular are:

  1. Energy Efficiency Rebates: Customers can receive rebates for purchasing energy-efficient appliances, such as refrigerators, washing machines, and HVAC systems. These appliances are designed to consume less electricity than traditional models, resulting in lower energy bills over time.

  2. Home Energy Audits: Free energy audits are available for residential customers. During these audits, trained professionals assess homes for energy efficiency and provide recommendations on improvements. This personalized service allows homeowners to understand specific changes that can lead to savings.

  3. Weatherization Assistance: This program is particularly beneficial for low-income households. By improving insulation, sealing air leaks, and enhancing overall energy efficiency, residents can maintain comfortable indoor temperatures without over-relying on heating and cooling systems.

  4. Community Workshops: Seattle City Light conducts workshops that educate residents about energy conservation strategies. These sessions cover topics such as smart energy use, seasonal tips for reducing consumption, and the benefits of renewable energy sources, highlighting examples of clean energy engagement in other cities.

The Impact on Households

The impact of these initiatives is profound. By assisting over 93,000 customers in lowering their electricity bills, Seattle City Light not only provides immediate financial relief but also encourages a long-term commitment to energy conservation. This collective effort has resulted in significant reductions in overall energy consumption, contributing to a decrease in greenhouse gas emissions—a critical step in the fight against climate change.

Additionally, the programs have been particularly beneficial for low-income households. By targeting these communities, Seattle City Light ensures that the benefits of energy efficiency reach those who need them the most, promoting equity-focused regulation and access to essential resources.

Looking Ahead: Challenges and Opportunities

While the success of these initiatives is commendable, challenges remain. Fluctuating energy prices can still pose difficulties for many households, especially those on fixed incomes, as some utilities explore minimum charges for low-usage customers in their rate structures. Seattle City Light recognizes the need for ongoing support and resources to help residents navigate these financial challenges.

The utility is committed to expanding its programs to reach even more customers in the future. This includes enhancing outreach efforts to ensure that residents are aware of the available resources, even as debates like utility revenue in a free-electricity future shape planning, and potentially forming partnerships with local organizations to broaden the impact of its initiatives.

 

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Six key trends that shaped Europe's electricity markets in 2020

European Electricity Market Trends 2020 highlight decarbonisation, rising renewables, EV adoption, shifting energy mix, COVID-19 impacts, fuel switching, hydro, wind and solar growth, gas price dynamics, and wholesale electricity price increases.

 

Key Points

EU power in 2020 saw lower emissions, more renewables, EV growth, demand shifts, and higher wholesale prices.

✅ Power sector CO2 down 14% on higher renewables, lower coal

✅ Renewables 39% vs fossil 36%; hydro, wind, solar expanded

✅ EV share hit 17%; wholesale prices rose with gas, ETS costs

 

According to the Market Observatory for Energy DG Energy report, the COVID-19 pandemic and favorable weather conditions are the two key drivers of the trends experienced within the European electricity market in 2020. However, the two drivers were exceptional or seasonal.

The key trends within Europe’s electricity market include:


1. Decrease in power sector’s carbon emissions

As a result of the increase in renewables generation and decrease in fossil-fueled power generation in 2020, the power sector was able to reduce its carbon footprint by 14% in 2020. The decrease in the sector’s carbon footprint in 2020 is similar to trends witnessed in 2019 when fuel switching was the main factor behind the decarbonisation trend.

However, most of the drivers in 2020 were exceptional or seasonal (the pandemic, warm winter, high
hydro generation). However, the opposite is expected in 2021, with the first months of 2021 having relatively cold weather, lower wind speeds and higher gas prices, with stunted hydro and nuclear output also cited, developments which suggest that the carbon emissions and intensity of the power sector could rise.

The European Union is targeting to completely decarbonise its power sector by 2050 through the introduction of supporting policies such as the EU Emissions Trading Scheme, the Renewable Energy Directive and legislation addressing air pollutant emissions from industrial installations, with expectations that low-emissions sources will cover most demand growth in the coming years.

According to the European Environment Agency, Europe halved its power sector’s carbon emissions in 2019 from 1990 levels.


2. Changes in energy consumption

EU consumption of electricity fell by -4% as majority of industries did not operate at full level during the first half of 2020. Although majority of EU residents stayed at home, meaning an increase in residential energy use, rising demand by households could not reverse falls in other sectors of the economy.

However, as countries renewed COVID-19 restrictions, energy consumption during the 4th quarter was closer to the “normal levels” than in the first three quarters of 2020. 

The increase in energy consumption in the fourth quarter of 2020 was also partly due to colder temperatures compared to 2019 and signs of surging electricity demand in global markets.


3. Increase in demand for EVs

As the electrification of the transport system intensifies, the demand for electric vehicles increased in 2020 with almost half a million new registrations in the fourth quarter of 2020. This was the highest figure on record and translated into an unprecedented 17% market share, more than two times higher than in China and six times higher than in the United States.

However, the European Environment Agency (EEA)argues that the EV registrations were lower in 2020 compared to 2019. EEA states that in 2019, electric car registrations were close to 550 000 units, having reached 300 000 units in 2018.


4. Changes in the region’s energy mix and increase in renewable energy generation

The structure of the region’s energy mix changed in 2020, according to the report.

Owing to favorable weather conditions, hydro energy generation was very high and Europe was able to expand its portfolio of renewable energy generation such that renewables (39%) exceeded the share of fossil fuels (36%) for the first time ever in the EU energy mix.

Rising renewable generation was greatly assisted by 29 GW of wind and solar capacity additions in 2020, which is comparable to 2019 levels. Despite disrupting the supply chains of wind and solar resulting in project delays, the pandemic did not significantly slow down renewables’ expansion.

In fact, coal and lignite energy generation fell by 22% (-87 TWh) and nuclear output dropped by 11% (-79 TWh). On the other hand, gas energy generation was not significantly impacted owing to favorable prices which intensified coal-to-gas and lignite-to-gas switching, even as renewables crowd out gas in parts of the market.


5. Retirement of coal energy generation intensify

 As the outlook for emission-intensive technologies worsens and carbon prices rise, more and more early coal retirements have been announced. Utilities in Europe are expected to continue transitioning from coal energy generation under efforts to meet stringent carbon emissions reduction targets and as they try to prepare themselves for future business models that they anticipate to be entirely low-carbon reliant.

6. Increase in wholesale electricity prices

In recent months, more expensive emission allowances, along with rising gas prices, have driven up wholesale electricity prices on many European markets to levels last seen at the beginning of 2019. The effect was most pronounced in countries that are dependent on coal and lignite. The wholesale electricity prices dynamic is expected to filter through to retail prices.

The rapid sales growth in the EVs sector was accompanied by expanding charging infrastructure. The number of high-power charging points per 100 km of highways rose from 12 to 20 in 2020.

 

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Global push needed to ensure "clean, affordable and sustainable electricity" for all

SDG7 Energy Progress Report assesses global energy access, renewables, clean cooking, and efficiency, citing COVID-19 setbacks, financing needs, and UN-led action by IEA, IRENA, World Bank, and WHO to advance sustainable, reliable, affordable power.

 

Key Points

A joint study by IEA, IRENA, UN, World Bank, and WHO tracking energy access, renewables, efficiency, and financing gaps.

✅ Tracks disparities in electricity access amid COVID-19 setbacks

✅ Emphasizes renewables, clean cooking, and efficiency targets

✅ Calls for scaled public finance to unlock private investment

 

The seventh Sustainable Development Goal (SDG), SDG7, aims to ensure access to affordable, reliable, sustainable and modern energy for all.  

However, those nations which remain most off the grid, are set to enter 2030 without meeting this goal unless efforts are significantly scaled up, warns the new study entitled Tracking SDG 7: The Energy Progress Report, published by the International Energy Agency (IAE), International Renewable Energy Agency (IRENA), UN Department of Economic and Social Affairs (UN DESA), World Bank, and World Health Organization (WHO). 

“Moving towards scaling up clean and sustainable energy is key to protect human health and to promote healthier populations, particularly in remote and rural areas”, said Maria Neira, WHO Director of the Department of Environment, Climate Change and Health.  

COVID setbacks 
The report outlines significant but unequal progress on SDG7, noting that while more than one billion people globally gained access to electricity over the last decade, COVID’s financial impact so far, has made basic electricity services unaffordable for 30 million others, mostly in Africa, intensifying calls for funding for access to electricity across the region.  

“The Tracking SDG7 report shows that 90 per cent of the global population now has access to electricity, but disparities exacerbated by the pandemic, if left unaddressed, may keep the sustainable energy goal out of reach, jeopardizing other SDGs and the Paris Agreement’s objectives”, said Mari Pangestu, Managing Director of Development Policy and Partnerships at the World Bank. 

While the report also finds that the COVID-19 pandemic has reversed some progress, Stefan Schweinfest, DESA’s Director of the Statistics Division, pointed out that this has presented “opportunities to integrate SDG 7-related policies in recovery packages and thus to scale up sustainable development”. 

Modernizing renewables 
The publication examines ways to bridge gaps to reach SDG7, chief among them the scaling up of renewables, as outlined in the IRENA renewables report, which have proven more resilient than other parts of the energy sector during the COVID-19 crisis. 

While sub-Saharan Africa, facing a major electricity challenge, has the largest share of renewable sources in its energy supply, they are far from “clean” – 85 per cent use biomass, such as burning wood, crops and manure. 

“On a global path to achieving net-zero emissions by 2050, we can reach key sustainable energy targets by 2030, aligning with renewable ambition in NDCs as we expand renewables in all sectors and increase energy efficiency”, said IAE Executive Director, Fatih Birol.  

And although the private sector continues to source clean energy investments, the public sector remains a major financing source, central in leveraging private capital, particularly in developing countries, including efforts to put Africa on a path to universal electricity access, and in a post-COVID context. 

Amid the COVID-19 pandemic, which has dramatically increased investors’ risk perception and shifting priorities in developing countries, international financial flows in public investment terms, are more critical than ever to underpin a green energy recovery that can leverage the investment levels needed to reach SDG 7, according to the report.   

“Greater efforts to mobilize and scale up investment are essential to ensure that energy access progress continues in developing economies”, he added.  

Scaling up clean and sustainable energy is key to protect human health -- WHO's Maria Neira

Other key targets 
The report highlighted other crucial actions needed on clean cooking, energy efficiency and international financial flows. 

A healthy and green recovery from COVID-19 includes the importance of ensuring a quick transition to clean and sustainable energy”, said Dr. Neira. 

Feeding into autumn summit 
This seventh edition of the report formerly known as the Global Tracking Framework comes at a crucial time as Governments and others are gearing up for the UN High-level Dialogue on Energy in September 2021 aimed to examine what is needed to achieve SDG7 by 2030, including discussions on fossil fuel phase-out strategies, and mobilize voluntary commitments and actions through Energy Compacts.  

The report will inform the summit-level meeting on the current progress towards SDG 7, “four decades after the last high-level event dedicated to energy under the auspices of UN General Assembly”, said Mr. Schweinfest. 

 

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BC Hydro says province sleeping in, showering less in pandemic

BC Hydro pandemic electricity trends reveal weekend-like energy consumption patterns: later morning demand, earlier evenings, more cooking, streaming on smart TVs, and work-from-home routines, with tips to conserve using laptops and small appliances.

 

Key Points

Weekend-like shifts in power demand from work-from-home routines: later mornings, earlier evenings, and more streaming.

✅ Later morning electricity demand; earlier evening peaks

✅ More cooking and baking; increased streaming after dinner

✅ Conservation tips: laptops, small appliances, smart TVs

 

The latest report on electricity usage in British Columbia reveals the COVID-19 pandemic has created an atmosphere where every day feels like a Saturday, a pattern also reflected in BC electricity demand during peak seasons.

BC Hydro says overall power usage hasn't changed much, but similar Ontario electricity demand shifts suggest regional differences, while Manitoba demand fell more noticeably, and a survey of 500 people shows daily routines have shifted dramatically since mid-March when pandemic-related closures began.

The hydro report says, with nearly 40 per cent of B.C. residents working from home, trends in residential electricity use confirm almost half are sleeping in and eating breakfast later, while about a quarter say they are showering less.

Those patterns more closely resemble what hydro says is typical weekend power consumption, and could influence time-of-use rates as electricity demand occurs later in the morning and earlier in the evening.

The report also finds many people are cooking and baking more than before the pandemic, preparing the evening meal earlier, streaming or viewing more television after dinner even as Ottawa's electricity consumption dipped earlier in the pandemic, and 80 per cent are going to bed later.

Although electricity use is normal for this time of year, hydro says homebound residents can conserve by using laptops instead of desktops, small appliances such as Instant Pots instead of ovens, and streaming movies or TV shows on a smart televisions instead of game consoles, even as Hydro One peak rates continue to shape consumption patterns elsewhere.

 

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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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Financial update from N.L energy corp. reflects pandemic's impact

Nalcor Energy Pandemic Loss underscores Muskrat Falls delays, hydroelectric risks, oil price shocks, and COVID-19 impacts, affecting ratepayers, provincial debt, timelines, and software commissioning for the Churchill River project and Atlantic Canada subsea transmission.

 

Key Points

A $171M Q1 2020 downturn linked to COVID-19, oil price collapse, and Muskrat Falls delays impacting schedules and costs.

✅ Q1 2020 profit swing: +$92M to -$171M amid oil price crash

✅ Muskrat Falls timeline slips; cost may reach $13.1B

✅ Software, workforce, COVID-19 constraints slow commissioning

 

Newfoundland and Labrador's Crown energy corporation reported a pandemic-related profit loss from the first quarter of 2020 on Tuesday, along with further complications to the beleaguered Muskrat Falls hydroelectric project.

Nalcor Energy recorded a profit loss of $171 million in the first quarter of 2020, down from a $92 million profit in the same period last year, due in part to falling oil prices during the COVID-19 pandemic.

The company released its financial statements for 2019 and the first quarter of 2020 on Tuesday, and officials discussed the numbers in a livestreamed presentation that detailed the impact of the global health crisis on the company's operations.

The loss in the first quarter was caused by lower profits from electricity sales and a drop in oil prices due to the pandemic and other global events, company officials said.

The novel coronavirus also added to the troubles plaguing the Muskrat Falls hydroelectric dam on Labrador's Churchill River, amid Quebec-N.L. energy tensions that long predate the pandemic.

Work at the remote site stopped in March over concerns about spreading the virus. Operations have been resuming slowly, with a reduced workforce tackling the remaining jobs.

Officials with Nalcor said it will likely be another year before the megaproject is complete.

CEO Stan Marshall estimates the months of delays could bring the total cost to $13.1 billion including financing, up from the previous estimate of $12.7 billion -- though the total impact of the coronavirus on the project's price tag has yet to be determined.

"If we're going to shut down again, all of that's wrong," Marshall said. "But otherwise, we can just carry on and we'll have a good idea of the productivity level. I'm hoping that by September we'll have a more definitive number here."

The 824 megawatt hydroelectric dam will eventually send power to Newfoundland, and later Nova Scotia, through subsea cables, even as Nova Scotia boosts wind and solar in its energy mix.

It has seen costs essentially double since it was approved in 2012, and faced significant delays even before pandemic-forced shutdowns in North America and around the world this spring.

Cost and schedule overruns were the subject of a sweeping inquiry that held hearings last year, while broader generation choices like biomass use have drawn scrutiny as well.

The commissioner's report faulted previous governments for failing to protect residents by proceeding with the project no matter what, and for placing trust in Nalcor executives who "frequently" concealed information about schedule, cost and related risks.

Some of the latest delays have come from challenges with the development of software required to run the transmission link between Labrador and Newfoundland, where winter reliability issues have been flagged in reports.

The software is still being worked out, Marshall said Tuesday, and the four units at the dam will come online gradually over the next year.

"It's not an all or nothing thing," Marshall said of the final work stages.
Nalcor's financial snapshot follows a bleak fiscal update from the province this month. The Liberal government reported a net debt of $14.2 billion and a deficit of more than $1.1 billion, even as a recent Churchill Falls deal promised new revenues for the province, citing challenges from pandemic-related closures and oil production shutdowns.

Finance Minister Tom Osborne said at the time that help from Ottawa will be necessary to get the province's finances back on track.

Muskrat Falls represents about one-third of the province's debt, and is set to produce more power than the province of about half a million people requires. Anticipated rate increases due to the ballooning costs and questions about Muskrat Falls benefits have posed a significant political challenge for the provincial government.

Ottawa has agreed to work with Newfoundland and Labrador on a rewrite of the project's financial structure, scrapping the format agreed upon in past federal-provincial loan agreements in order to ease the burden on ratepayers, while some argue independent planning would better safeguard ratepayers.

Marshall, a former Fortis CEO who was brought in to lead Nalcor in 2016, has called the project a "boondoggle" and committed to seeing it completed within four years. Though that plan has been disrupted by the pandemic, Marshall said the end is in sight.

"I'm looking forward to a year from now. And I hope to be gone," Marshall said.

 

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