Question of utility profits is contentious

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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California Income-Based Electricity Rates propose a fixed monthly fee set by income as utilities and the CPUC weigh progressive pricing, aiming to cut low-income bills while PG&E, SCE, and SDG&E retain usage-based charges.

Key Points

CPUC plan adds income-tiered fixed fees to lower low-income bills while keeping per-kWh usage charges.

✅ Adds fixed monthly fees by income to complement per-kWh charges

✅ Cuts bills for low-income households; higher earners pay more

✅ Utilities say revenue neutral; conservation signals preserved

California’s electric bills — already some of the highest in the nation — are rising as electricity prices soar across the state, but regulators are debating a new plan to charge customers based on their income level. 

Typically what you pay for electricity depends on how much you use. But the state’s three largest electric utilities — Southern California Edison Company, Pacific Gas and Electric Company and San Diego Gas & Electric Company — have proposed a plan to charge customers not just for how much energy they use, but also based on their household income, moving toward income-based flat-fee utility bills over time. Their proposal is one of several state regulators received designed to accommodate a new law to make energy less costly for California’s lowest-income customers.

Some state Republican lawmakers are warning the changes could produce unintended results, such as weakening incentives to conserve electricity or raising costs for customers using solar energy, and some have introduced a plan to overturn the charges in the Legislature.

But the utility companies say the measure would reduce electricity bills for the lowest income customers. Those residents would save about $300 per year, utilities estimate.

California households earning more than $180,000 a year would end up paying an average of $500 more a year on their electricity bills, according to the proposal from utility companies. 

The California Public Utilities Commission’s deadline for deciding on the suggested changes is July 1, 2024, as regulators face calls for action from consumers and advocates. The proposals come at a time when many moderate and low-income families are being priced out of California by rising housing costs.  

Who wants to change the fee structure?
Lawmakers passed and Gov. Gavin Newsom signed a comprehensive energy bill last summer that mandates restructuring electricity pricing across the state. 

The Legislature passed the measure in a “trailer-bill” process that limited deliberation. Included in the 21,000-word law are a few sentences requiring the public utilities commission to establish a “fixed monthly fee” based on each customer’s household income. 

A similar idea was first proposed in 2021 by researchers at UC Berkeley and the nonprofit thinktank Next 10. Their main recommendation was to split utility costs into two buckets. Fixed charges, which everyone has to pay just to be connected to the energy grid, would be based on income levels. Variable charges would depend on how much electricity you use.

Utilities say that part of customers’ bills still will be based on usage, but the other portion will reduce costs for lower- and middle-income customers, who “pay a greater percentage of their income towards their electricity bill relative to higher income customers,” the utilities argued in a recent filing. 

They said the current billing system is unjust, regressive and fails to recognize differences in energy usage among households,

“When we were putting together the reform proposal, front and center in our mind were customers who live paycheck to paycheck, who struggle to pay for essentials such as energy, housing and food,” Caroline Winn, CEO of San Diego Gas & Electric in a statement. 

The utilities say in their proposal that the changes likely would not reduce or increase their revenues.

James Sallee, an associate professor at UC Berkeley, said the utilities’ prior system of billing customers mostly by measuring their electric use to pay for what are essentially fixed costs for power is inefficient and regressive. 

The proposed changes “will shift the burden, on average, to a more progressive system that recovers more from higher income households and less from lower income households,” he said.

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Romania Ends CGN Cernavoda Nuclear Deal, as Nuclearelectrica moves to terminate negotiations on reactors 3 and 4, citing the EU Green Deal, US partnership, NATO, and a shift to alternative nuclear capacity options.

Key Points

Romania orders Nuclearelectrica to end CGN talks on Cernavoda units 3-4 and pursue alternative nuclear options.

✅ Negotiations on Cernavoda units 3-4 to be formally terminated

✅ EU Green Deal and US partnership cited over security concerns

✅ Board to draft strategies for new domestic nuclear capacity

Romania's government has mandated the managing board of local nuclear power producer Nuclearelectrica to initiate procedures for terminating negotiations with China General Nuclear Power Group (CGN) on building two new reactors at the Cernavoda nuclear power plant, where IAEA safety reports continue to shape operations.

The government also mandated the managing board to analyse and draw up strategic options on the construction of new electricity generation capacities from nuclear sources, as other countries such as India take steps to get nuclear back on track in response to demand.

The company will negotiate the termination of the agreement signed in 2015 for developing and operating units 3 and 4 at Cernavoda, even as Germany turns away from nuclear within the European landscape. 

At the end of last month, Economy Minister Virgil Popescu said that the collaboration with the Chinese company couldn't continue as it has yielded no results in seven years, despite China's nuclear program expanding steadily elsewhere.

"We have a strategic partnership with the US, and we hold on to it, we respect our partners. We are members of the EU and Nato, even as Germany's final reactor closures unfold in Europe. Aside from that, I think that seven years since this collaboration with the Chinese company began is enough to realise that we can't move on," Popescu said at that time.

Liberal Prime Minister Ludovic Orban announced in January that the government would exit the deal with its Chinese partner. He invoked the European Union's Green Deal rather than security issues or cost concerns circulated previously as the main reason behind a potential end of the deal with CGN to expand Romania's only nuclear power plant, amid concerns that Europe is losing nuclear power when it needs energy.

In August last year, the US included CGN on a blacklist for allegedly trying to get nuclear technology from the US to be used for military purposes in China, even as nuclear cooperation with Cambodia expands in the region.

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Hydro-Quebec Crypto Mining Pause signals a temporary halt as blockchain power requests surge; energy regulator review will weigh electricity demand, winter peak constraints, tariffs, investments, and local jobs to optimize grid stability and revenues.

Key Points

A provincial halt on new miner power requests as Hydro-Quebec sets rules to safeguard demand, winter peaks, and rates.

✅ Temporary halt on new electricity sales to crypto miners

✅ Regulator to rank projects by jobs, investment, and revenue

✅ Winter peak demand and tariffs central to new framework

Major Canadian electricity provider Hydro-Québec will temporarily stop processing requests from cryptocurrency miners in order for the company to fulfil its obligations to supply energy to the entire province, while its global ambitions adjust to changing demand, according to a press release published June 7.

Hydro-Québec is experiencing “unprecedented” demand from blockchain companies, which reportedly exceeds the electric utility’s short and medium-term capacity. In this regard, the Quebec provincial government has ordered Hydro-Québec to halt electric power sales to cryptocurrency miners, and, following the New Hampshire rejection of Northern Pass announced a new framework for this category of electricity consumers.

In the coming days, Hydro-Québec will reportedly file an application to local energy regulator Régie de l'énergie, proposing a selection process for blockchain industry projects so as “not to miss the opportunities offered by this industry.” Regulators will reportedly target companies which can offer the province the most profitable economic advantages, including investments and local job creation.

#google#

Régie de l'énergie is instructed to consider “the need for a reserved block of energy for this category of consumers, the possibility of maximizing Hydro-Québec's revenues, and issues related to the winter peak period” as well as interprovincial arrangements like the Ontario-Québec electricity deal under discussion. Éric Filion, President of Hydro-Québec Distribution, said:

"The blockchain industry is a promising avenue for Hydro-Québec. Guidelines are nevertheless required to ensure that the development of this industry maximizes spinoffs for Québec without resulting in rate increases for our customers. We are actively participating in the Régie de l'énergie's process so that these guidelines can be produced as quickly as possible."

With this move, the government of Québec deviates from its decision to reportedly open the electricity market to miners at the end of last month, even as an Ontario-Quebec energy swap helps manage electricity demands. In March, the government said it was not interested in providing cheap electricity to Bitcoin miners, stating that cryptocurrency mining at a discount without any sort of “added value” for the local economy was unfavorable.

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Ukraine Winter Energy Resilience focuses on energy security, grid repairs, renewable power, EU support, heating reliability, electricity imports, and conservation measures to stabilize infrastructure and protect households amid conflict and severe cold.

Key Points

A strategy to secure heat and power via repairs, renewables, imports, and conservation during wartime winter.

✅ Grid repairs and hardening of power plants and transmission lines

✅ Diversified supply: renewables, electricity imports, fuel reserves

✅ Public conservation to cut peak demand and safeguard essential services

As winter approaches, Ukraine is bracing for a challenging season, especially in the energy sector amid global energy instability and price pressures, which has been heavily impacted by the ongoing conflict with Russia. With the weather forecast predicting colder temperatures, the Ukrainian government is ramping up efforts to secure energy supplies and bolster infrastructure, aiming to ensure that citizens have access to heating and electricity during the harsh months ahead.

The Energy Landscape in Ukraine

The conflict has severely disrupted Ukraine’s energy infrastructure, leading to widespread damage and inefficiencies. Key facilities, including power plants and transmission lines, have been targeted amid energy ceasefire violations reported by both sides, resulting in significant energy shortages. As a response, the government has implemented a series of measures aimed at stabilizing the energy sector, ensuring that the nation can withstand the winter months.

One of the primary strategies has been the repair and reinforcement of energy infrastructure. Officials have prioritized critical facilities that are essential for electricity generation and distribution. Emergency repairs and upgrades are being carried out to restore functionality and improve resilience against potential attacks.

In addition to repairing existing infrastructure, Ukraine is actively seeking to diversify its energy sources. This includes increasing reliance on renewable energy, such as wind and solar, which can be less susceptible to disruption. The shift toward renewables not only enhances energy security and supports moving away from fossil fuels in line with Ukraine's long-term environmental goals.

International Support and Collaboration

Ukraine's challenges have not gone unnoticed on the international stage. Countries and organizations around the world have pledged energy security support to help Ukraine fortify its energy sector. This assistance includes financial aid, technical expertise, and the provision of materials needed for infrastructure repairs.

The European Union, in particular, has been a key ally, providing both immediate and long-term support to Ukraine's energy efforts. The EU's commitment to helping Ukraine transition to a more sustainable energy model, including steps toward ENTSO-E synchronization to bolster grid stability, is reflected in various initiatives aimed at increasing energy efficiency and integrating renewable sources.

Furthermore, international organizations have mobilized resources to assist in the restoration of damaged infrastructure. This collaboration not only enhances Ukraine's energy capabilities but also strengthens ties with global partners, fostering a sense of solidarity amidst the ongoing conflict.

Preparing for Winter Challenges

As temperatures drop, the demand for heating will surge, putting additional pressure on an already strained energy system. To address this, the Ukrainian government is urging citizens to prepare for potential shortages. Officials are promoting energy conservation measures, encouraging households to reduce consumption and use energy more efficiently.

Public awareness campaigns are being launched to educate citizens about the importance of energy saving and the steps they can take to minimize their energy use and prevent outages during peak demand. These initiatives aim to foster a collective sense of responsibility as the nation braces for the winter ahead.

In addition to conservation efforts, the government is exploring alternative energy supplies. This includes negotiating with neighboring countries for electricity imports and enhancing domestic production where feasible. By securing a diverse range of energy sources, Ukraine aims to mitigate the risk of shortages and ensure that essential services remain operational.

The Role of Resilience and Innovation

Despite the challenges, the resilience of the Ukrainian people and their commitment to overcoming adversity shine through. Communities are coming together to support one another, sharing resources and information to help navigate the difficulties of winter.

Innovative solutions are also emerging as part of the response to the energy crisis. Local initiatives aimed at promoting energy efficiency and the use of alternative energy sources are gaining traction. From community-led solar projects to energy-efficient building practices, Ukrainians are finding ways to adapt and thrive even in the face of uncertainty.

Looking Ahead

As Ukraine prepares for the winter months, the focus remains on ensuring energy security and maintaining the functionality of critical infrastructure. While challenges loom, the collective efforts of the government, international partners, and citizens demonstrate a strong commitment to resilience and adaptation.

In conclusion, the upcoming winter presents significant challenges for Ukraine's energy sector, yet the nation's determination to secure its energy future remains unwavering. With ongoing repairs, international support, and community innovation, Ukraine is working diligently to navigate the complexities of this winter, aiming to emerge stronger and more resilient in the face of adversity. The resilience shown today will be crucial as the country continues to confront the ongoing impacts of conflict and seeks to build a sustainable future.

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U.S. Solar Generation 2017 surpassed biomass, delivering 77 million MWh versus 64 million MWh, trailing only hydro and wind; driven by PV expansion, capacity additions, and utility-scale and small-scale growth, per EIA.

Key Points

It was the year U.S. solar electricity exceeded biomass, hitting 77 million MWh and trailing only hydro and wind.

✅ Solar: 77 million MWh; Biomass: 64 million MWh (2017, EIA)

✅ PV expansion; late-year capacity additions dampen annual generation

✅ Hydro: 300 and wind: 254 million MWh; solar thermal ~3 million MWh

Electricity generation from solar resources in the United States reached 77 million megawatthours (MWh) in 2017, surpassing for the first time annual generation from biomass resources, which generated 64 million MWh in 2017. Among renewable sources, only hydro and wind generated more electricity in 2017, at 300 million MWh and 254 million MWh, respectively. Biomass generating capacity has remained relatively unchanged in recent years, while solar generating capacity has consistently grown.

Annual growth in solar generation often lags annual capacity additions because generating capacity tends to be added late in the year. For example, in 2016, 29% of total utility-scale solar generating capacity additions occurred in December, leaving few days for an installed project to contribute to total annual generation despite being counted in annual generating capacity additions. In 2017, December solar additions accounted for 21% of the annual total. Overall, solar technologies operate at lower annual capacity factors and experience more seasonal variation than biomass technologies.

Biomass electricity generation comes from multiple fuel sources, such as wood solids (68% of total biomass electricity generation in 2017), landfill gas (17%), municipal solid waste (11%), and other biogenic and nonbiogenic materials (4%).These shares of biomass generation have remained relatively constant in recent years, even as renewables' rise in 2020 across the grid.

Solar can be divided into three types: solar thermal, which converts sunlight to steam to produce power; large-scale solar photovoltaic (PV), which uses PV cells to directly produce electricity from sunlight; and small-scale solar, which are PV installations of 1 megawatt or smaller. Generation from solar thermal sources has remained relatively flat in recent years, at about 3 million MWh, even as renewables surpassed coal in 2022 nationwide. The most recent addition of solar thermal capacity was the Crescent Dunes Solar Energy plant installed in Nevada in 2015, and currently no solar thermal generators are under construction in the United States.

Solar photovoltaic systems, however, have consistently grown in recent years, as indicated by 2022 U.S. solar growth metrics across the sector. In 2014, large-scale solar PV systems generated 15 million MWh, and small-scale PV systems generated 11 million MWh. By 2017, annual electricity from those sources had increased to 50 million MWh and 24 million MWh, respectively, with projections that solar could reach 20% by 2050 in the U.S. mix. By the end of 2018, EIA expects an additional 5,067 MW of large-scale PV to come online, according to EIA’s Preliminary Monthly Electric Generator Inventory, with solar and storage momentum expected to accelerate. Information about planned small-scale PV systems (one megawatt and below) is not collected in that survey.

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