As wind power grows, a push to tear down dams

By New York Times


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For decades, most of the nationÂ’s renewable power has come from dams, which supplied cheap electricity without requiring fossil fuels. But the federal agencies running the dams often compiled woeful track records on other environmental issues.

Now, with the focus in Washington on clean power, some dam agencies are starting to go green, embracing wind power and energy conservation. The most aggressive is the Bonneville Power Administration, whose power lines carry much of the electricity in the Pacific Northwest. The agency also provides a third of the regionÂ’s power supply, drawn mostly from generators inside big dams.

The amount of wind power on the Bonneville transmission system quadrupled in the last three years and is expected to double again in another two. The turbines are making an electricity system with low carbon emissions even greener — already, in Seattle, more than 90 percent of the power comes from renewable sources.

Yet the shift of emphasis at the dam agencies is proving far from simple. It could end up pitting one environmental goal against another, a tension that is emerging in renewable-power projects across the country.

Environmental groups contend that the Bonneville Power AdministrationÂ’s shift to wind turbines buttresses their case for tearing down dams in the agencyÂ’s territory, particularly four along the lower Snake River in Washington State that helped decimate one of North AmericaÂ’s great runs of wild salmon.

Bonneville wants to keep all the dams, arguing that they not only provide cheap power but they also make an ideal complement to large-scale installation of wind power. When the wind slows and power production drops, the agency argues, it can compensate quickly by telling the Army Corps of Engineers and the Bureau of Reclamation, which operate the dams, to release more water from reservoirs to turn the huge generators.

When the wind picks up, dam operations can be slowed.

The dams help alleviate a need for natural-gas-fired power plants, which are used in other regions as a backup power source when the wind stops blowing, but which release carbon dioxide that contributes to global warming.

By balancing wind power with hydropower, the Bonneville Power Administration says it believes it can limit the use of natural gas and coal plants across the West, even as the region’s demand for electricity rises. Around the country, dams provide 6 percent of electricity generation — double the amount from other renewable sources like wind, solar power and biomass — and much of that is concentrated in the West.

The influx of wind on BonnevilleÂ’s system has come as a result of renewable power goals set by governments in the Western states, which aim to reduce their output of greenhouse gases. Bonneville says that when the wind is blowing most strongly, 18 percent of the power in its control area now comes from wind, and that number may rise to 30 percent next year. (Not all of that is consumed in the Pacific Northwest; some is sold to California.)

The rise in wind power means that the dam agency has emerged as a national test case for how to integrate large amounts of intermittent wind power into a regional electric grid. “I’ve described this as a grand experiment,” said Stephen J. Wright, the administrator of the 72-year-old Bonneville Power Administration.

The agency stresses the challenge it faces, making sure the lights stay on despite the ups and downs of the wind. Many new wind farms lie along the gusty Columbia River corridor, and their concentration means that changes in the wind can bring sudden dips and spikes in the power they generate.

“We can have periods that go from full, maximum wind output to zero across an hour,” Mr. Wright said.

Because of its erratic nature, wind power — and the need for dams or other backup systems — has become intertwined with the fate of salmon, perhaps the biggest environmental controversy in the Pacific Northwest.

For decades, environmentalists, fishermen and some local politicians, who want to save the endangered salmon, have fought Bonneville and the Army Corps of Engineers, which want to keep the lower Snake River dams. A federal judge overseeing the dispute has accused the federal agencies of not working hard enough to save the salmon and had raised the possibility of breaching those dams to aid the fish.

Wild salmon ride the river in two directions. They spawn far upstream, and the young fish swim downriver to the Pacific Ocean. They spend several years there, feeding and growing quite large, before swimming back upstream to spawn and die.

The large reservoirs created over the decades as the dams were built have slowed and complicated their journeys, and slashed survival rates. Fish ladders help on the way back upstream, but those salmon that get through in both directions end up traumatized and weakened, biologists say.

When it comes to helping salmon, Bonneville has “been dragged kicking and screaming every inch of the way,” said Bill Arthur, a Sierra Club representative in the Northwest. Mr. Arthur praised the agency’s efforts to add wind power, but he argued that the four lower Snake River dams, which are far smaller than major dams like Grand Coulee, were not needed to back up wind power.

Instead, he proposed putting wind turbines in more places, to help balance power generation by ensuring that some are always in an area where the wind is blowing, or relying more on the NorthwestÂ’s natural gas plants in combination with energy-saving measures. He also noted that if the dams came down, dismantling them could take six or more years, allowing plenty of time to plan the transition to new power sources.

Elliot Mainzer, vice president for corporate strategy at the Bonneville Power Administration, said that tearing down the Snake River dams would “unequivocally” hurt the ability of the agency to assimilate wind power into its system, because of the dams’ role in balancing up-and-down wind generation.

Even as the salmon controversy plays out, the agency is seeking to build more power lines to speed wind-farm development in remote, windy areas.

The economic stimulus package passed in February will help: it sharply increased the maximum amount that the agency can borrow from the United States Treasury to $7.7 billion, from $4.45 billion. (Another dam agency, the Western Area Power Administration, got a similar boost and also plans more transmission lines to aid wind and other renewables.)

Bonneville says that the stimulus injection will enable it to build a $246 million transmission project along the Columbia River, allowing developers to put up wind turbines in additional areas of eastern Oregon, and that more planned transmission lines will also help harness the wind.

All of that is good news for the areaÂ’s farmers, some of whom welcome a new source of income.

John Hildebrand, an animated 82-year-old wheat farmer, has allowed a Spanish developer, Iberdrola, to put wind turbines on his land in Wasco, not far from the Columbia River. Power from his turbines feeds into the Bonneville system.

He and his brother Gordon sat in the front row when Franklin D. Roosevelt dedicated the Bonneville Dam in 1937, before the region even had public power — so they have seen the future of energy, twice.

“All we had is sky out there,” John Hildebrand said, looking out toward the tall structures twirling high above his rolling land. “Now I’ve got turbines.”

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When will the US get 1 GW of offshore wind on the grid?

U.S. Offshore Wind Capacity is set to exceed 1 GW by 2024, driven by BOEM approvals, federal leases, and resilient supply chains, with eastern states scaling renewable energy, turbines, and content despite COVID-19 disruptions.

 

Key Points

Projected gigawatt-scale offshore wind growth enabled by BOEM approvals, federal leases, and East Coast state demand.

✅ 17+ GW leased; only 1,870 MW in announced first phases.

✅ BOEM approvals are critical to reach >1 GW by 2024.

✅ Local supply chains mitigate COVID-19 impacts and lower costs.

 

Offshore wind in the U.S. will exceed 1 GW of capacity by 2024 and add more than 1 GW annually by 2027, a trajectory consistent with U.S. offshore wind power trends, according to a report released last week by Navigant Research.

The report calculated over 17 GW of offshore state and federal leases for wind production, reflecting forecasts that $1 trillion offshore wind market growth is possible. However, the owners of those leases have only announced first phase plans for 1,870 MW of capacity, leaving much of the projects in early stages with significant room to grow, according to senior research analyst Jesse Broehl.

The Business Network for Offshore Wind (BNOW) believes it is possible to hit 1 GW by 2023-24, according to CEO Liz Burdock. While the economy has taken a hit from the coronavirus pandemic, she said the offshore wind industry can continue growing as "the supply chain from Asia and Europe regains speed this summer, and the administration starts clearing" plans of construction.

BNOW is concerned with the economic hardship imposed on secondary and tertiary U.S. suppliers due to the global spread of COVID-19.

Offshore wind has been touted by many eastern states and governors as an opportunity to create jobs, with U.S. wind employment expected to expand, according to industry forecasts. Analysts see the growing momentum of projects as a way to further lower costs by creating a local supply chain, which could be jeopardized by a long-term shutdown and recession.

"The federal government must act now — today, not in December — and approve project construction and operation plans," a recent BNOW report said. Approving any of the seven projects before BOEM, which has recently received new lease requests, currently would allow small businesses to get to work "following the containment of the coronavirus," but approval of the projects next year "may be too late to keep them solvent."

The prospects for maintaining momentum in the industry falls largely to the Department of the Interior's Bureau of Ocean Energy Management (BOEM). The industry cannot hit the 1 GW milestone without project approvals by BOEM, which is revising processes to analyze federal permit applications in the context of "greater build out of offshore wind capacity," according to its website.

"It is heavily dependent on the project approval success," Burdock told Utility Dive.

Currently, seven projects are awaiting determinations from BOEM on their construction operation plans in Massachusetts, New York, where a major offshore wind farm was recently approved, New Jersey and Maryland, with more to be added soon, a BNOW spokesperson told Utility Dive.

To date, only one project has received BOEM approval for development in federal waters, a 12 MW pilot by Dominion Energy and Ørsted in Virginia. The two-turbine project is a stepping stone to a commercial-scale 2.6 GW project the companies say could begin installation as soon as 2024, and gave the developers experience with the permitting process.

In the U.S., developers have the capacity to develop 16.9 GW of offshore wind in federal U.S. lease areas, even as wind power's share of the electricity mix surges nationwide, Broehl told Utility Dive, but much of that is in early stages. The Navigant report did not address any impacts of coronavirus on offshore wind, he said.

Although Massachusetts has legislation in place to require utilities to purchase 1.6 GW of wind power by 2026, and several other projects are in early development stages, Navigant expects the first large offshore wind projects in the U.S. (exceeding 200 MW) will come online in 2022 or later, and the first projects with 400 MW or more capacity are likely to be built by 2024-2025, and lessons from the U.K.'s experience could help accelerate timelines. The U.S. would add about 1.2 GW in 2027, Broehl said.

The federal leasing activities along with the involvement from Eastern states and utilities "virtually guarantees that a large offshore wind market is going to take off in the U.S.," Broehl said.

 

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Ontario Energy Board Sets New Electricity Rate Plan Prices and Support Program Thresholds

OESP Eligibility 2024 updates Ontario electricity affordability: TOU, Tiered, Ultra-Low-Overnight price plans, online bill calculator, higher income thresholds, monthly credits for low-income households, and a winter disconnection ban for residential customers.

 

Key Points

Raises income thresholds and credits to help low-income Ontarians cut electricity costs and choose suitable price plans.

✅ TOU, Tiered, and ULO price plans with online bill calculator

✅ Income eligibility thresholds raised up to 35% on March 1, 2024

✅ Winter disconnection ban for residences: Nov 15, 2023 to Apr 30, 2024

 

Residential, small business and farm customers can choose their price plan, either Time-Of-Use (TOU), Tiered or the ultra-low overnight rates price plan available to many customers. The OEB has an online bill calculator to help customers who are considering a switch in price plans and monitoring changes for electricity consumers this year. 

The Government of Ontario announced on Friday, October 19, 2023, that it is raising the income eligibility thresholds that enable Ontarians to qualify for the Ontario Electricity Support Program (OESP) by up to 35 percent. OESP is part of Ontario’s energy affordability framework and other support for electric bills meant to reduce the cost of electricity for low-income households by applying a monthly credit directly on to electricity bills.. The higher income eligibility thresholds will begin on March 1, 2024.

The amount of OESP bill credit is determined by the number of people living in a home and the household’s combined income, and can help offset typical bill increases many customers experience. The current income thresholds cap income eligibility at $28,000 for one-person households and $52,000 for five-person households, and temporary measures like the off-peak price freeze have also influenced bills in recent periods.

The new income eligibility thresholds, which will be in effect beginning March 1, 2024, will allow many more families to access the program as rates are about to change across Ontario.

In addition, under the OEB’s winter disconnection ban, which follows the Nov. 1 rate increase, electricity distributors cannot disconnect residential customers for non-payment from November 15, 2023, to April 30, 2024.

 

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Electricity Demand In The Time Of COVID-19

COVID-19 Impact on U.S. Power Demand shows falling electricity load, lower wholesale prices, and resilient utilities in competitive markets, with regional differences tied to weather, renewable energy, stay-at-home orders, and hedging strategies.

 

Key Points

It outlines reduced load and prices, while regulatory design and hedging support utility stability across regions.

✅ Load down in NY, New England, PJM; weather drives South up.

✅ Wholesale prices fall 8-10% in key markets.

✅ Decoupling, contracts, hedging support utility earnings.

 

On March 27, Bloomberg New Energy Finance (BNEF) released a report on electricity demand and wholesale market prices impact from COVID-19 fallout. The model compares expected load based largely on weather with actual observed electricity demand changes.

So far, the hardest hit power grid is New York, with load down 7 and prices off by 10 percent. That’s expected, given New York City is the current epicenter of the US health crisis.

Next is New England, with 5 percent lower demand and 8 percent reduced wholesale prices for the week from March 19-25. BNEF says the numbers could go higher following advisories and orders issued March 24 for some 70 percent of the region’s population to stay at home.

Demand on the biggest grid in the US, the PJM (Pennsylvania/Jersey/Maryland), is 4 percent lower, with prices dropping 8 percent, as recent capacity auction payouts fell sharply. BNEF believes there will be more impact as stay at home orders are ramped up in several states.

California’s power demand for March 19-25 was 5 percent below what BNEF’s model expects without COVID-19 impact. That reflects a full week of stay-at-home orders from Governor Newsom issued March 19.

Health officials in Los Angeles and elsewhere expect a spike in COVID-19 cases in coming weeks. But BNEF’s model now actually projects rising electricity load for the state, due to what it calls "freakishly mild weather a year ago."

Rounding out the report, power demand is up for a band of southern states stretching from Florida to the desert Southwest, with weather more than offsetting public response to COVID-19 so far. BNEF says the Northwest’s grid "has not yet been highly impacted," while the Southeast is "generally in line" with pre-virus expectations.

Clearly, all of this data can change quickly and radically. Only California and New York are currently in full shutdown mode. Following them are New England (70 percent), the Midwest (65 percent), Texas (50 percent), PJM (50 percent) and the Northwest (50 percent).

In contrast, only small parts of Florida, the Southeast and Southwest are restricting movement. That could mean a big future increase for shut-ins, with heightened risks of electricity shut-offs that burden households and a corresponding impact on power demand.

Also, weather will play a major role on what happens to actual electricity demand, just as it always does. A very hot summer, for example, could offset virus-related shut-ins, just as it apparently is now in states like Texas. And it should be pointed out that regions vary widely by exposure to recession-sensitive sources of demand, such as heavy industry.

Most important for investors, however, is the built in protection US utility earnings enjoy from declining power demand, even amid broader energy crisis pressures facing the sector. For one thing, US power grids in California, ERCOT (Texas), MISO (Midwest), New England, New York and PJM have wholesale power markets, where producers compete for sales and the lowest bidder sets the price.

In those states, most regulated utilities don’t produce power at all. In fact, companies’ revenue is decoupled entirely from demand in California, as well as much of New England. In the roughly three-dozen states where utilities still operate as integrated monopolies, demand does affect revenue, and in many regions flat electricity demand already persists. But the cost of electricity is passed through directly to customers, whether produced or purchased.

A number of US electric companies have invested in renewable energy facilities as part of broader electrification trends nationwide. These sell their output under long-term contracts primarily with other utilities and government entities.

This isn’t a risk free business: For the past year, generators selling electricity to bankrupt PG&E Corp (PCG) have had their cash trapped at the power plant level as surety for lenders. But even PG&E has honored its contracts. And with states continuing aggressive mandates for renewable energy adoption, growth doesn’t appear at risk to COVID-19 fallout either.

The wholesale price of power from natural gas, coal and many nuclear plants was already sliding before COVID-19, due to renewables adoption and low natural gas prices, even as coal and nuclear disruptions raise reliability concerns. But here too, big producers like Exelon Corp (EXC) and Vistra Energy (VST) have employed aggressive price hedging near term, with regulated utilities and retail businesses protecting long-term health, respectively.

Bottom line: It’s early days for the COVID-19 crisis and much can still change. But so far at least, the US power industry is absorbing the blow of reduced demand, just as it’s done in previous crises.

That means future selloffs in the ongoing bear market are buying opportunities for best in class electric utilities, not a reason to sell. For top candidates, see the Conrad’s Utility Investor Portfolios and Dream Buy List in the March issue. 

 

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New Hydro One CEO aims to repair relationship with Ontario government — and investors

Hydro One CEO Mark Poweska aims to rebuild ties with Ontario's provincial government, investors, and communities, stabilize the executive team, boost earnings and dividends, and reset strategy after the scrapped Avista deal and regulatory setbacks.

 

Key Points

He plans to mend government and investor relations, rebuild the C-suite, and refocus growth after the failed Avista bid.

✅ Rebuild ties with Ontario government and regulators

✅ Stabilize executive team and governance

✅ Refocus growth after Avista deal termination

 

The incoming chief executive officer of Hydro One Ltd. said Thursday that he aims to rebuild the relationship between the Ontario electrical utility and the provincial government, as seen in COVID-19 support initiatives, as well as ties between the company and its investors.

Mark Poweska, the former executive vice-president of operations at BC Hydro, was announced as Hydro One’s new president and CEO in March. His hiring followed a turbulent period for Toronto-based Hydro One, Ontario’s biggest distributor and transmitter of electricity, with large-scale storm restoration efforts underscoring its role.

Hydro One’s former CEO and board of directors departed last year under pressure from a new Ontario government, the utility’s biggest shareholder. Earlier this year, the company’s plan for a $6.7-billion takeover fell apart over concerns of political interference and the utility clashed with the new provincial government and Progressive Conservative Premier Doug Ford over executive compensation levels, amid rate policy debates such as no peak rate cuts for self-isolating customers.

Hydro One facing $885 million charge as regulator upholds tax decision forcing it to share savings with customers

Shares of Hydro One were up more than eight per cent year-to-date on Wednesday, closing at $21.74. However, the stock price was up only six per cent from Hydro One’s 2015 initial public offering price, something its incoming CEO seems set on changing.

“One of my first priorities will be to solidify the executive team and build relationships with the Government of Ontario, our customers, informed by customer flexibility research, and communities, indigenous leaders, investors, and our partners across the electricity sector,” Poweska said Thursday on a conference call outlining Hydro One’s first-quarter results. “At the same time, I will be working to earn the trust and confidence of the investment community.”

Hydro One reported a profit of $171 million for the three months ended March 31, while peers such as Hydro-Québec reported pandemic-related losses as the sector adapted. Net income for the first quarter was down from $222 million a year earlier, which was due to $140 million in costs related to the scrapping of Hydro One’s proposed acquisition of U.S. energy company Avista Corp.

Hydro One Ltd. appointed Mark Poweska as President and CEO.

In January, Hydro One said the proposed takeover of Spokane, Wash.-headquartered Avista, an approximately $6.7-billion deal announced in July 2017, was being called off. As a result, Hydro One said it would pay Avista a US$103 million break fee.

Revenues net of purchased power for the first quarter rose to $952 million, up by 15.4 per cent compared to last year, Hydro One said, helped by higher distribution revenues. Adjusted profit for the quarter, which removes the Avista-related costs, was $311 million, up from $210 million a year ago.

The company is hiking its quarterly dividend to 24.15 cents per share, up five per cent from the last increase in May 2018, while also launching a pandemic relief fund for customers.

Poweska is taking over for acting president and CEO Paul Dobson this month, and the new executive will be charged with revamping Hydro One’s C-suite.

The company’s chief operating officer, chief legal officer, and chief corporate development officer have all departed this year. The company’s chief human resource officer has retired as well, although Poweska did announce Thursday that he had appointed acting chief financial officer Chris Lopez as CFO.

“Hydro One’s significant bench strength and management depth will ensure stability and continuity during this period of transition, as the sector pursues Hydro-Québec energy transition as well,” the company said in its first-quarter earnings press release.

Ontario remains Hydro One’s biggest shareholder, owning approximately 47 per cent of the company.

 

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Electricity is civilization": Winter looms over Ukraine battlefront

Ukraine Power Grid Restoration accelerates across liberated Kharkiv, restoring electricity, heat, and water amid missile and drone strikes, demining operations, blackouts, and winterization efforts, showcasing resilience, emergency repairs, and critical infrastructure recovery.

 

Key Points

Ukraine's rapid push to repair war-damaged grids, restore heat and water, and stabilize key services before winter.

✅ Priority repairs restore electricity and water in liberated Kharkiv.

✅ Crews de-mine lines and work under shelling, drones, and missiles.

✅ Winterization adds generators, mobile stoves, and large firewood supplies.

 

On the freshly liberated battlefields of northeast Ukraine, a pile of smashed glass windows outside one Soviet-era block of apartments attests to the violence of six months of Russian occupation, and of Ukraine’s sweeping recent military advances.

Indoors, in cramped apartments, residents lived in the dark for weeks on end.

Now, with a hard winter looming, they marvel at the speed and urgency with which Ukrainian officials have restored another key ingredient to their survival: electric power, a critical effort to keep the lights on this winter across communities.

Among those things governments strive to provide are security, opportunity, and minimal comfort. With winter approaching, and Russia targeting Ukraine’s infrastructure, add to that list heat and light, even as Russia hammers power plants nationwide. It’s requiring a concerted effort.

“Thank God it works! Electricity is civilization – it is everything,” says Antonina Krasnokutska, a retired medical worker, looking affectionately at the lightbulb that came on the day before, and now burns again in her tiny spotless kitchen.

“Without electricity there is no TV, no news, no clothes washing, no charging the phone,” says Ms. Krasnokutska, her gray hair pulled back and a small crucifix around her neck.

“Before, it was like living in the Stone Age,” says her grown son, Serhii Krasnokutskyi, who is more than a head taller. “As soon as it got dark, everyone would go to sleep.”

He shows a picture on his phone from a few days earlier, of a tangle of phone and computer charging cables – including his – plugged in at a local shop with a generator.

“We are very grateful for the people who repaired this electricity, even with shelling continuing,” he says. “They have a very complicated job.”

Indeed, although a lack of power might have been a novel inconvenience during the warm summer season, it increasingly has become a matter of great urgency for Ukrainian citizens and officials.

Coping through Ukraine’s winter with dignity and any degree of security will require courage and perseverance, as the severity and suffering that the season can bring here are being weaponized by Russia, as it seeks to compensate for a string of battlefield losses.

In recent days, Russian attacks have specifically targeted Ukraine’s electrical and other civilian infrastructure – all with the apparent aim of making this winter as hard as possible for Ukrainians, even as Moscow employs other measures to spread the hardship across Europe, while Ukraine helps Spain amid blackouts through grid support.

Ukrainian President Volodymyr Zelenskyy said Monday that Russian barrages across the country with missiles and Iran-supplied kamikaze drones had destroyed 30% of Ukraine’s power stations in the previous eight days, including strikes on western Ukraine that caused outages. Thousands of towns have been left without electricity.

Kharkiv’s challenges
Emblematic of the national challenge is the one facing officials in the northeast Kharkiv region, where Ukraine recaptured more than 3,000 square miles in a September counteroffensive. Ukrainian forces are still making gains on that front, as well as in the south toward Kherson, where Wednesday Russia started evacuating civilians from the first major city it occupied, after launching its three-pronged invasion last February.

Across the Kharkiv region, Ukrainians are stockpiling as much wood, fuel, and food as possible while they still can, and adopting new energy solutions as they prepare, from sources as diverse as the floorboards of destroyed schools and the pine forests in Izium, which are pockmarked with abandoned Russian trenches adjacent to a mass burial site.

“Of course, we have this race against time,” says Serhii Mahdysyuk, the Kharkiv regional director in charge of housing, services, fuel, and energy. “Unfortunately, we probably stand in front of the biggest challenge in Ukraine.”

That is not only because of the scale of liberated territory, he says, but also because the Kharkiv region shares a long border with Russia, as well as with the Russian-controlled areas of the eastern Donbas.

“It’s a great mixture of all threats, and we are sure that shelling and bombings will continue, but we are ready for this,” says Mr. Mahdysyuk. “We know our weak spots that Russia can destroy, but we are prepared for what to do in these situations.”

Ukraine’s battlefield gains have meant a surging need to pick up the pieces after Russian occupation, even as electricity reserves are holding if no new strikes occur, to ensure habitable conditions as more and more surviving residents require services, and as others return to scenes of devastation.

Restoring electricity is the top priority, amid shifting international assistance such as the end of U.S. grid support, because that often restarts running water, too, says Mr. Mahdysyuk. But before that, the area beneath broken power lines must be de-mined.

Indeed, members of an electricity team reconnecting cables on the outskirts of Balakliia – one of the first towns to see power restored, at the end of September – say they lost two fellow workers in the previous two weeks. One died after stepping on an anti-personnel mine, another when his vehicle hit an anti-tank device.

Ukrainian electricity workers restore power lines damaged during six months of Russian military occupation in Balakliia, Ukraine, Sept. 29, 2022. Ukrainians in liberated territory say the restoration of the electrical grid, and with it often the water supply, is a return to civilization.
“For now, our biggest problem is mines,” says the team leader, who gave the name Andrii. “It’s fine within the cities, but in the fields it’s a disaster because it’s very difficult to see them. There is a lot of [them] around here – it will take years and years to get rid of.”

Yet officials only have a few weeks to execute plans to provide for hundreds of thousands of residents in this region, in their various states of need and distress. Some 50 field kitchens capable of feeding 200 to 300 people each have been ordered. Another 1,000 mobile stoves are on their way.

And authorities will provide nearly 200,000 cubic yards of firewood for those who have no access to it, and may have no other means of keeping warm – or where shelling continues to disrupt repairs, says Mr. Mahdysyuk.

“The level of opportunity and resources we have is not the same as the level of destruction,” he says. People in districts and buildings too destroyed to have services restored soon, such as in Saltivka in Kharkiv city, may be moved.

 

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Ontario takes constitutional challenge of its global adjustment electricity fee to Supreme Court

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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