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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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Advanced Traffic Light System for Geothermal Safety models fracture growth and friction with rock physics, geophones, and supercomputers to predict induced seismicity during hydraulic stimulation, enabling real-time risk control for ETH Zurich and SED.

Key Points

ATLS uses rock physics, geophones, and HPC to forecast induced seismicity in real time during geothermal stimulation.

✅ Real-time seismic risk forecasts during hydraulic stimulation

✅ Uses rock physics, friction, and fracture modeling on HPC

✅ Supports ETH Zurich and SED field tests in Iceland and Bedretto

The Swiss Earthquake Service and ETH Zurich want to make geothermal energy safer, so news piece from Switzerland earlier this month. This is to be made possible by new software, including machine learning, and the computing power of supercomputers. The first geothermal tests have already been carried out in Iceland, and more will follow in the Bedretto laboratory.

In areas with volcanic activity, the conditions for operating geothermal plants are ideal. In Iceland, the Hellisheidi power plant makes an important contribution to sustainable energy use, alongside innovations like electricity from snow in cold regions.

Deep geothermal energy still has potential. This is the basis of the 2050 energy strategy. While the inexhaustible source of energy in volcanically active areas along fault zones of the earth’s crust can be tapped with comparatively little effort and, where viable, HVDC transmission used to move power to demand centers, access on the continents is often much more difficult and risky. Because the geology of Switzerland creates conditions that are more difficult for sustainable energy production.

Improve the water permeability of the rock

On one hand, you have to drill four to five kilometers deep to reach the correspondingly heated layers of earth in Switzerland. It is only at this depth that temperatures between 160 and 180 degrees Celsius can be reached, which is necessary for an economically usable water cycle. On the other hand, the problem of low permeability arises with rock at these depths. “We need a permeability of at least 10 millidarcy, but you can typically only find a thousandth of this value at a depth of four to five kilometers,” says Thomas Driesner, professor at the Institute of Geochemistry and Petrology at ETH Zurich.

In order to improve the permeability, water is pumped into the subsurface using the so-called “fracture”. The water acts against friction, any fracture surfaces shift against each other and tensions are released. This hydraulic stimulation expands fractures in the rock so that the water can circulate in the hot crust. The fractures in the earth’s crust originate from tectonic tensions, caused in Switzerland by the Adriatic plate, which moves northwards and presses against the Eurasian plate.

In addition to geothermal energy, the “Advanced Traffic Light System” could also be used in underground construction or in construction projects for the storage of carbon dioxide.

Quake due to water injection

The disadvantage of such hydraulic stimulations are vibrations, which are often so weak or cannot be perceived without measuring instruments. But that was not the case with the geothermal projects in St. Gallen 2013 and Basel 2016. A total of around 11,000 cubic meters of water were pumped into the borehole in Basel, causing the pressure to rise. Using statistical surveys, the magnitudes 2.4 and 2.9 defined two limit values ??for the maximum permitted magnitude of the earthquakes generated. If these are reached, the water supply is stopped.

In Basel, however, there was a series of vibrations after a loud bang, with a time delay there were stronger earthquakes, which startled the residents. In both cities, earthquakes with a magnitude greater than 3 have been recorded. Since then it has been clear that reaching threshold values ??determines the stop of the water discharge, but this does not guarantee safety during the actual drilling process.

Simulation during stimulation

The Swiss Seismological Service SED and the ETH Zurich are now pursuing a new approach that can be used to predict in real time, building on advances by electricity prediction specialists in Europe, during a hydraulic stimulation whether noticeable earthquakes are expected in the further course. This is to be made possible by the so-called “Advanced Traffic Light System” based on rock physics, a software developed by the SED, which carries out the analysis on a high-performance computer.

Geophones measure the ground vibrations around the borehole, which serve as indicators for the probability of noticeable earthquakes. The supercomputer then runs through millions of possible scenarios, similar to algorithms to prevent power blackouts during ransomware attacks, based on the number and type of fractures to be expected, the friction and tensions in the rock. Finally, you can filter out the scenario that best reflects the underground.

Further tests in the mountain

However, research is currently still lacking any real test facility for the system, because incorrect measurements must be eliminated and a certain data format adhered to before the calculations on the supercomputer. The first tests were carried out in Iceland last year, with more to follow in the Bedretto geothermal laboratory in late summer, where reliable backup power from fuel cell solutions can keep instrumentation running. An optimum can now be found between increasing the permeability of rock layers and an adequate water supply.

The new approach could make geothermal energy safer and ultimately help this energy source to become more accepted, while grid upgrades like superconducting cables improve efficiency. Research also sees areas of application wherever artificially caused earthquakes can occur, such as in underground mining or in the storage of carbon dioxide underground.

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Ford Electric Transit is an all electric cargo van for US and Canada, launching 2021, with 4G LTE hotspot, fleet telematics, GPS tracking, and driver assistance safety tech; battery, range, and performance specs TBD.

Key Points

An all electric cargo van with fleet telematics, 4G LTE, and driver assistance features for US and Canada.

✅ 4G LTE hotspot, live GPS tracking, and diagnostics

✅ Fleet telematics and management tools for operations

✅ Driver assistance: AEB, lane keeping, and collision warning

Ford is making an all-electric version of its popular Transit cargo van for the US and Canadian markets, slated to be released in 2021, aligning with Ford’s EV manufacturing plans to scale production across North America. The company did not share any specifics about the van’s battery pack size, estimated range, or performance characteristics. Ford previously announced an electric Transit for the European market in 2019.

The new cargo van will come equipped with a 4G LTE hotspot and will be outfitted with a number of tech features designed for fleet managers, like live GPS tracking and diagnostics, mirroring moves by Volvo’s electric trucks aimed at connected operations. The electric Transit van will also be equipped with a number of Ford’s safety and driver assistance features, like collision warning and assist, automatic emergency braking, pedestrian detection, and automatic lane-keeping.

Ford said it didn’t have any news to share about an electric version of its Transit passenger van “at this time,” even as the market reaches an EV inflection point for adoption.

Ford’s Transit van is the bestselling cargo van in the US, though it has seen increased competition over the last few years from Mercedes-Benz, which recently refreshed its popular Sprinter van, while others pursue electrified freight like Tesla’s electric truck plans that expand options.

Mercedes-Benz has already unveiled an electric version of the Sprinter, which comes in two configurations, targeting delivery networks where UPS’s Tesla Semi orders signal growing demand. There’s a version with a 55kWh battery pack that can travel 168 kilometers (104 miles) on a full charge, and has a payload capacity of 891 kilograms (1,964 pounds). Mercedes-Benz is making a version with a smaller 41kWh battery pack that goes 115 kilometers (72 miles), but which can carry up to 1,045 (2,304 pounds). Both versions come with 10.5 cubic meters (370.8 cubic feet) of storage space.

Mercedes-Benz also announced the EQV concept a year ago, which is an electric van aimed at slightly more everyday use, reflecting broader people-moving trends as electric bus adoption faces hurdles worldwide. The company touted more promising specs with the slightly smaller EQV, saying it will get around 249 miles out of a 100kWh battery pack. Oh, and it has 200 horsepower on offer and will be equipped with the company’s MBUX infotainment system.

Another player in the space is EV startup Rivian, which will build 100,000 electric delivery vans for Amazon over the next few years. Ford has invested $500 million in Rivian, and the startup is helping build a luxury electric SUV for the automotive giant’s Lincoln brand, though the two van projects don’t seem to be related, as Ford and others also boost gas-electric hybrid strategies in the US. Ford is also collaborating with Volkswagen on commercial vans after the two companies formed a global alliance early last year.

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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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FPL Rate Increase Proposal 2026-2029 outlines $9B base-rate hikes as Florida grows, citing residential demand, grid infrastructure investments, energy mix diversification, and Florida PSC review impacting customer bills, reliability, and fuel price volatility mitigation.

Key Points

A $9B base-rate plan FPL filed with the Florida PSC to fund growth, grid upgrades, and energy diversification through 2029.

✅ Adds 275k since 2021; +335k customers projected by 2029.

✅ Monthly bills rise to about $157 by 2029, up ~22% total.

✅ Investments in poles, wires, transformers, substations, renewables.

Florida Power & Light (FPL), the state's largest utility provider, has submitted a proposal to the Florida Public Service Commission (PSC) seeking a substantial increase in customer base rates over the next four years, amid ongoing scrutiny, including a recent hurricane surcharge controversy that heightened public attention.

Rationale Behind the Rate Increase

FPL's request is primarily influenced by Florida's robust population growth. Since 2021, the utility has added about 275,000 customers and projects an additional 335,000 by the end of 2029. This surge necessitates significant investments in transmission and distribution infrastructure, including poles, wires, transformers, and substations, to maintain reliable service. Moreover, FPL aims to diversify its energy mix to shield customers from fuel price volatility, even as the state declined federal solar incentives that could influence renewable adoption, ensuring a stable and sustainable power supply.

Impact on Customer Bills

If approved, the proposed rate increases would affect residential customers as follows:

• 2026: An estimated increase of $11.52 per month, raising the typical bill to $145.66.

• 2027: An additional $6.05 per month, bringing the bill to $151.71.

• 2028: A further increase of $3.64 per month, totaling $155.35.

• 2029: An extra $2.06 per month, resulting in a final bill of $157.41.

These adjustments represent a cumulative increase of approximately 22% over the four-year period, while in other regions some customers face sharper spikes, such as Pennsylvania's winter price increases this season.

Comparison with Previous Rate Hikes

This proposal follows a series of rate increases approved in recent years, as California electricity bills have soared and prompted calls for action in that state. For instance, Tampa Electric Co. (TECO) received approval for rate hikes totaling $287.9 million in 2025, with additional increases planned for 2026 and 2027. Consumer groups have expressed intentions to challenge these rate hikes, indicating a trend of growing scrutiny over utility rate adjustments.

Regulatory Review Process

The PSC is scheduled to review FPL's rate increase proposal in the coming months. A staff recommendation is expected by March 14, 2025, with a final decision anticipated at a commission conference on March 20, 2025. This process allows for public input and thorough evaluation of the proposed rate changes, while elsewhere some utilities anticipate stabilization, such as PG&E's 2025 outlook in California.

Customer and Consumer Advocacy Responses

The proposed rate hikes have elicited concerns from consumer advocacy groups. Organizations like Food & Water Watch have criticized the scale of the increase, labeling it as the largest rate hike request in U.S. history, amid mixed signals such as Gulf Power's one-time 40% bill decrease earlier this year. They argue that such substantial increases could place undue financial strain on households, especially those with fixed incomes.

Additionally, the Florida Public Service Commission has faced challenges in approving rate hikes for other utilities, such as TECO, and a recent Florida court decision on electricity monopolies that may influence the policy landscape, with consumer groups planning to appeal these decisions. This backdrop of heightened scrutiny suggests that FPL's proposal will undergo rigorous examination.

As Florida continues to experience rapid growth, balancing the need for infrastructure development and reliable energy services with the financial impact on consumers remains a critical challenge. The PSC's forthcoming decisions will play a pivotal role in shaping the state's energy landscape, influencing both the economy and the daily lives of Floridians.

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Self-healing grid technology automatically reroutes power to reduce outages, speed restoration, and boost reliability during storms like Hurricane Ian in Florida, leveraging smart grid sensors, automation, and grid hardening to support Duke Energy customers.

Key Points

Automated smart grid systems that detect faults and reroute power to minimize outages and accelerate restoration.

✅ Cuts outage duration via automated fault isolation

✅ Reroutes electricity with sensors and distribution automation

✅ Supports storm resilience and faster field crew restoration

As Hurricane Ian made its way across Florida, where restoring power in Florida can take weeks in hard-hit areas, Duke Energy's grid improvements were already on the job helping to combat power outages from the storm.

Smart, self-healing technology, similar to smart grid improvements elsewhere, helped to automatically restore more than 160,000 customer outages and saved nearly 3.3 million hours (nearly 200 million minutes) of total lost outage time.

"Hurricane Ian is a strong reminder of the importance of grid hardening and storm preparedness to help keep the lights on for our customers," said Melissa Seixas, Duke Energy Florida state president. "Self-healing technology is just one of many grid improvements that Duke Energy is making to avoid outages, restore service faster and increase reliability for our customers."

Much like the GPS in your car can identify an accident ahead and reroute you around the incident to keep you on your way, self-healing technology is like a GPS for the grid. The technology can quickly identify power outages and alternate energy pathways to restore service faster for customers when an outage occurs.

Additionally, self-healing technology provides a smart tool to assist crews in the field with power restoration after a major storm like Ian, helping reduce outage impacts and freeing up resources to help restore power in other locations.

Three days after Hurricane Ian exited the state, Duke Energy Florida wrapped up restoration of approximately 1 million customers. This progress enabled the company to deploy more than 550 Duke Energy workers from throughout Florida, as well as contractors from across the country, to help restore power for Lee County Electric Cooperative customers.

Crews worked in Cape Coral and Pine Island, one of the hardest-hit areas in the storm's path, as Canadian power crews have in past storms, and completed power restoration for the majority of customers on Pine Island within approximately one week after arriving to the island.

Prior to Ian in 2022, smart, self-healing technology had helped avoid nearly 250,000 extended customer outages in Florida, similar to Hydro One storm recovery efforts, saving around 285,000 hours (17.1 million minutes) of total lost outage time.

Duke Energy currently serves around 59% of customers in Florida with self-healing capabilities on its main power distribution lines, with a goal of serving around 80% over the next few years.

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