Stop the Shock campaign seeks to bring back Canadian coal power

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

Related News

• Electricity Forum News

• Energy Policy News

California Managed Decline of Fossil Fuels aligns oil phaseout with carbon neutrality, leveraging ZEV adoption, solar and wind growth, severance taxes, drilling setbacks, fracking oversight, CARB rules, and CalGEM regulation to deliver a just transition.

Key Points

California's strategy to phase out oil and gas while meeting carbon-neutral goals through policy, regulation, and equity.

✅ Severance taxes fund clean energy and workforce transition.

✅ Setbacks restrict drilling near schools, homes, and hospitals.

✅ CARB and CalGEM tighten fracking oversight and ZEV targets.

California’s energy past is on a collision course with its future. Think of major oil-producing U.S. states, and Texas, Alaska or North Dakota probably come to mind. Although its position relative to other states has been falling for 20 years, California remains the seventh-largest oil-producing state, with 162 million barrels of crude coming up in 2018, translating to tax revenue and jobs.

At the same time, California leads the nation in solar rooftops and electric vehicles on the road by a wide margin and ranking fifth in installed wind capacity. Clean energy is the state’s future, and the state is increasingly exporting its energy policies across the West, influencing regional markets. By law, California must have 100 percent carbon-free electricity by 2045, and an executive order signed by former Governor Jerry Brown calls for economywide carbon-neutrality by the same year.

So how can the state reconcile its divergent energy path? How should clean-energy-minded lawmakers wind down California’s oil and gas sector in a way that aligns with the state’s long-term climate targets while providing a just transition for the industry’s workforce?

Any efforts to reduce fossil fuel supply must run parallel to aggressive demand-reduction measures such as California’s push to have 5 million zero-emission vehicles on the road by 2030, said Ethan Elkind, director of Berkeley Law's climate program, especially amid debates over keeping the lights on without fossil fuels in the near term. After all, if oil demand in California remains strong, crude from outside the state will simply fill the void.

“If we don’t stop using it, then that supply is going to get here, even if it’s not produced in-state,” Elkind said in an interview.

Lawmakers have a number of options for policies that would draw down and eventually phase out fossil fuel production in California, according to a new report from the Center for Law, Energy and the Environment at the UC Berkeley School of Law, co-authored by Elkind and Ted Lamm.

They could impose a higher price on California's oil production through a "severance" tax or carbon-based fee, with the revenue directed to measures that wean the state from fossil fuels. (California, alone among major oil-producing states, does not have an oil severance tax.)

Lawmakers could establish a minimum drilling setback from schools, playgrounds, homes and other sensitive sites. They could push the state's oil and gas regulator, the California Geologic Energy Management Division, to prioritize environmental and climate concerns.

A major factor holding lawmakers back is, of course, politics, including debates over blackouts and climate policy that shape public perception. Given the state’s clean-energy ambitions, it might surprise non-Californians that the oil and gas industry is one of the Golden State’s most powerful special interest groups.

Overcoming a "third-rail issue" in California politics
The Western States Petroleum Association, the sector’s trade group in California's capital of Sacramento, spent $8.8 million lobbying state policymakers in 2019, more than any other interest group. Over the last five years, the group, which cultivates both Democratic and Republican lawmakers, has spent $43.3 million on lobbying, nearly double the total of the second-largest lobbying spender.

Despite former Governor Brown’s reputation as a climate champion, critics say he was unwilling to forcefully take on the oil and gas industry. However, things may take a different turn under Brown's successor, Governor Gavin Newsom.

In May 2019, when Newsom released California's midyear budget revision (PDF), the governor's office noted the need for "careful study and planning to decrease demand and supply of fossil fuels, while managing the decline in a way that is economically responsible and sustainable.”

Related reliability concerns surfaced as blackouts revealed lapses in power supply across the state.

Writing for the advocacy organization Oil Change International, David Turnbull observed, “This may mark the first time that a sitting governor in California has recognized the need to embark upon a managed decline of fossil fuel supply in the state.”

“It is significant because typically this is one of those third-rail issues, kind of a hot potato that governors don’t even want to touch at all — including Jerry Brown, to a large extent, who really focused much more on the demand side of fuel consumption in the state,” said Berkeley Law’s Elkind.

California's revised budget included $1.5 million for a Transition to a Carbon-Neutral Economy report, which is being prepared by University of California researchers for the California Environmental Protection Agency. In an email, a CalEPA spokesperson said the report is due by the end of this year.

Winding down oil and gas production
Since the release of the revised budget last May, Newsom has taken initial steps to increase oversight of the oil and gas industry. In July 2019, he fired the state’s top oil and gas regulator for issuing too many permits to hydraulically fracture, or frack, wells.

Later in the year, he appointed new leadership to oversee oil and gas regulation in the state, and he signed a package of bills that placed constraints on fossil fuel production. The next month, Newsom halted the approval of new fracking operations until pending permits could be reviewed by a panel of scientists at Lawrence Livermore National Laboratory. The California Geologic Energy Management Division (CalGEM) did not resume issuing fracking permit approvals until April of this year.

Not all steps have been in the same direction. This month Newsom dropped a proposal to add dozens of analysts, engineers and geologists at CalGEM, citing COVID-related economic pressure. The move would have increased regulatory oversight on fossil fuel producers and was opposed by the state's oil industry.

Ultimately, more durable measures to wind down fossil fuel supply and demand will require new legislation, even as regulators weigh whether the state needs more power plants to maintain reliability.

A 2019 bill by Assemblymember Al Muratsuchi (D-Torrance), AB 345, would have codified the minimum 2,500-foot setback for new oil and gas wells. However, before the final vote in the Assembly, the bill’s buffer requirement was dropped and replaced with a requirement for CalGEM “to consider a setback distance of 2,500 feet.” The bill passed the Assembly in January over "no" votes from several moderate Democrats; it now awaits action in the Senate.

A bill previously introduced by Assemblymember Phil Ting (D-San Francisco), AB 1745, didn’t even make it that far. Ting’s bill would have required that all new passenger cars registered in the state after January 1, 2040, be zero-emission vehicles (ZEV). The bill died in committee without a vote in April 2018.

But the backing of the California Air Resources Board (CARB), one of the world's most powerful air-quality regulators, could change the political conversation. In March, CARB chair Mary Nichols said she now supports consideration of California establishing a 100 percent zero-emission vehicle sales target by 2030, as policymakers also consider a revamp of electricity rates to clean the grid.

“In the past, I’ve been skeptical about whether that would do more harm than good in terms of the backlash by dealers and others against something that sounded so un-California like,” Nichols said during an online event. “But as time has gone on, I’ve become more convinced that we need to send the longer-term signal about where we’re headed.”

Another complicating factor for California’s political leaders is the lack of a willing federal partner — at least in the short term — in winding down oil and gas production, amid warnings about a looming electricity shortage that could pressure the grid.

Under the Trump administration, the Bureau of Land Management, which oversees 15 million acres of federal land in California, has pushed to open more than 1 million acres of public and private land across eight counties in Central California to fracking. In January 2020, California filed a federal lawsuit to block the move.

Related News

• Electricity Forum News

• Energy Policy News

Iran Combined-Cycle Power Plants drive energy efficiency, cut greenhouse gases, and expand megawatt capacity by converting thermal units; MAPNA-led upgrades boost grid reliability, reduce fuel use, and accelerate electricity generation growth nationwide.

Key Points

Upgraded thermal plants that reuse waste heat to boost efficiency, cut emissions, and add capacity to Iran's grid.

✅ 27 thermal plants converted; 160 more viable units identified

✅ Adds 12,600 MW capacity via heat recovery steam generators

✅ Combined-cycle share: 31.2% of 80.509 GW capacity

Iran has turned six percent of its thermal power plans into combined cycle plants in order to reduce greenhouse gases and save energy, with potential to lift thermal plants' PLF under rising demand, IRNA reported, quoting an energy official.

According to the MAPNA Group’s Managing Director Abbas Aliabadi, so far 27 thermal power plants have been converted to combined-cycle ones, aligning with Iran’s push to transmit power to Europe as a regional hub.

“The conversion of a thermal power plant to a combined cycle one takes about one to two years, however, it is possible for us to convert all the country’s thermal power plants into combined cycle plants over a five-year period.

Currently, a total of 478 thermal power plants are operating throughout Iran, of which 160 units could be turned into combined cycle plants. In doing so, 12,600 megawatts will be added to the country’s power capacity, supporting ongoing exports such as supplying a large share of Iraq's electricity under existing arrangements.

Related cross-border work includes deals to rehabilitate Iraq's power grid that support future exchanges.

As reported by IRNA on Wednesday, Iran’s Nominal electricity generation capacity has reached 80,509 megawatts (80.509 gigawatts), and it is deepening energy cooperation with Iraq to bolster regional reliability. The country increased its electricity generation capacity by 500 megawatts (MW) compared to the last year (ended on March 20).

Currently, with a total generation capacity of 25,083 MW (31.2 percent) combined cycle power plants account for the biggest share in the country’s total power generation capacity followed by gas power plants generating 29.9 percent, amid global trends where renewables are set to eclipse coal and regional moves such as Israel's coal reduction signal accelerating shifts. EF/MA

Related News

• Electricity Forum News

• Power Generation News

France Electricity Crisis drives record power prices as nuclear outages squeeze supply, forcing energy imports, fuel oil and coal generation, amid gas market shocks, weak wind output, and freezing weather straining the grid.

Key Points

A French power shortfall from nuclear outages, record prices, heavy imports, and oil-fired backup amid cold weather.

✅ EDF halted reactors; 10% capacity offline, 30% by January

✅ Imports surge; fuel oil and coal units dispatched

✅ Prices spike as gas reverses flow and wind output drops

Electricity prices surged to a fresh record as France scrambled to keep its lights on, sucking up supplies from the rest of Europe.

France, usually an exporter of power, is boosting electricity imports and even burning fuel oil, and has at times limited nuclear output due to high river temperatures during heatwaves. The crunch comes after Electricite de France SA said it would halt four reactors accounting for 10% of the nation’s nuclear capacity, straining power grids already facing cold weather. Six oil-fired units were turned on in France on Tuesday morning, according to a filing with Entsoe.

“It’s illustrating how severe it is when they’re actually starting to burn fuel oil and importing from all these countries,” said Fabian Ronningen, an analyst at Rystad Energy. The unexpected plant maintenance “is reflected in the market prices,” he said

Europe is facing an energy crisis, with utilities relying on coal and oil. Almost 30% of France’s nuclear capacity will be offline at the beginning of January, leaving the energy market at the mercy of the weather. To make matters worse, Germany is closing almost half of its nuclear capacity before the end of the year, as Europe loses nuclear power just when it really needs energy.

German power for delivery next year surged 10% to 278.50 euros a megawatt-hour, while the French contract for January added 9.5% to a record 700.60 euros. Prices also gained, under Europe’s marginal pricing system, as gas jumped after shipments from Russia via a key pipeline reversed direction, flowing eastward toward Poland instead.

Neighboring countries are boosting their exports to France this week to cover for lost nuclear output, with imports from Germany rising to highest level in at least four years. In the U.K., four coal power units were operating on Tuesday with as much as 1.5 gigawatts of hourly output being sent across the channel. 

The power crisis is so severe that the French government has asked EDF to restart some nuclear reactors earlier than planned amid outage risks for nuclear-powered France. Ecology Minister Barbara Pompili said last weekend that, in addition to the early reactor restarts and past river-temperature limits, the country had contracts with some companies in which they agreed to cut production during peak demand hours in exchange for payments from the government.

Higher energy prices threaten to derail Europe’s economic recovery just as the coronavirus omicron variety is spreading. Trafigura Group’s Nyrstar will pause production at its zinc smelter in France in the first week of January because of rising electricity prices. Norwegian fertilizer producer Yara International, which curbed output earlier this year, said it would continue to monitor the situation closely and curtail production where necessary.

Freezing weather this week is also sending short-term power prices surging as renewables can’t keep up, even though wind and solar overtook gas in the EU last year. German wind output plunged to a five-week low on Tuesday.

Related News

• Electricity Forum News

• Power Generation News

PG&E power restoration continues across Butte and Yuba counties after PSPS shut-offs from high winds and dry weather, with crews patrolling overhead lines, repairing damage, and reopening community resource centers near Lake Berryessa.

Key Points

PG&E power restoration safely re-energizes lines after PSPS, using inspections and repairs to restore service.

✅ Crews patrolled 800 miles of overhead lines for hazards

✅ Repairs followed wind damage; gradual re-energization

✅ Resource centers offered water, outlets, air conditioning

Pacific Gas and Electric Co. field crews have begun restoring power to approximately 20,500 customers in Butte and Yuba counties after the utility shut off electricity to reduce wildfire risk because of gusty winds and dry weather conditions.

More than half of the affected customers had electricity again as of 1:47 p.m. Sunday, according to PG&E, and by 4 p.m. all of Yuba County power had been restored.

The utility also cut electricity for about 1,600 customers in parts of Napa, Solano and Yolo counties, primarily in the Lake Berryessa area, in a PSPS event separate from statewide grid conservation alerts that can trigger rolling blackouts. Power to those areas was switched off at 6:15 a.m. Saturday but was restored by the evening.

As the danger subsided Sunday, utility workers, as part of PG&E's local response planning for winter storms, worked throughout Butte and Yuba counties to re-energize power lines. The shut-offs affected areas including eastern Chico, Oroville and fire-ravaged Paradise.

Technicians checked lines for damage or fire hazards, like vegetation that could interfere with live wires, Pasion said, as part of broader pandemic grid preparedness that informed utility protocols.

PG&E “patrolled approximately 800 miles of overhead power lines,” the company said in a statement. “Crews found instances of damage to de-energized equipment caused by the extreme weather event and are making necessary repairs.”

While the shut-offs inconvenienced businesses and homeowners, they also highlighted energy inequality across impacted neighborhoods, and some called 911 with emergencies and confusion.

A half hour into the shut-off Saturday night, Butte County sheriff’s dispatchers received a call from a person requesting a welfare check on an individual whose care required electricity, according to department call logs. Two calls overnight from the Magalia area requested medical assistance because residents had oxygen concerns for medically sensitive spouses.

One woman requested an ambulance because her “husband was running out of oxygen,” according to the logs.

Around 4:11 a.m. Sunday, a resident of Hidden Valley Mobile Home Park in Oroville called about a tree falling into a trailer, causing a power line to fall, but noted that the electricity was off.

In a comparable storm-related outage, Sudbury Hydro crews worked to reconnect service after severe weather in Ontario.

And there were multiple calls asking for information about the shut-off, including one caller around midnight who was “demanding PG&E turn his power back on.”

The calls led the Butte County Sheriff’s Office to tweet a reminder Sunday afternoon that 911 is reserved for emergencies and requests for information about the power shutdown should be done through PG&E.

The utility opened a community resource center at Harrison Stadium in Oroville (Butte County) on Sunday morning to provide restrooms, bottled water, power outlets and air conditioning to residents. About 40 people showed up at the center in the first few hours, officials said.

“It’s a small but steady stream,” Pasion said.

Power was being restored to parts of Oroville as of 11 a.m. Sunday.

PG&E officials said it could take up to 48 hours for power to be restored in some areas.

For perspective, during severe storms in Ontario, Hydro One crews restored power to more than 277,000 customers within days.

Related News

• Electricity Forum News

• Utility Operations News

Nuclear fusion breakthrough signals progress toward clean energy as NIF lasers near ignition and net energy gain, while tokamak designs like ITER advance magnetic confinement, plasma stability, and self-sustaining chain reactions for commercial reactors.

Key Points

A milestone as lab fusion nears ignition and net gain, indicating clean energy via lasers and tokamak confinement.

✅ NIF laser shot approached ignition and triggered self-heating

✅ Tokamak path advances with ITER and stronger magnetic confinement

✅ Net energy gain remains the critical milestone for power plants

Just 100 years ago, when English mathematician and astronomer Arthur Eddington suggested that the stars power themselves through a process of merging atoms to create energy, heat, and light, the idea was an unthinkable novelty. Now, in 2021, we’re getting remarkably close to recreating the process of nuclear fusion here on Earth. Over the last century, scientists have been steadily chasing commercial nuclear fusion, ‘the holy grail of clean energy.’ The first direct demonstration of fusion in a lab took place just 12 years after it was conceptualized, at Cambridge University in 1932, followed by the world’s first attempt to build a fusion reactor in 1938. In 1950, Soviet scientists Andrei Sakharov and Igor Tamm propelled the pursuit forward with their development of the tokamak, a fusion device involving massive magnets which is still at the heart of many major fusion pursuits today, including the world’s biggest nuclear fusion experiment ITER in France.

Since that breakthrough, scientists have been getting closer and closer to achieving nuclear fusion. While fusion has indeed been achieved in labs throughout this timeline, it has always required far more energy than it emits, defeating the purpose of the commercial fusion initiative, and elsewhere in nuclear a new U.S. reactor start-up highlights ongoing progress. If unlocked, commercial nuclear fusion would change life as we know it. It would provide an infinite source of clean energy requiring no fossil fuels and leaving behind no hazardous waste products, and many analysts argue that net-zero emissions may be out of reach without nuclear power, underscoring fusion’s promise.

Nuclear fission, the process which powers all of our nuclear energy production now, including next-gen nuclear designs in development, requires the use of radioactive isotopes to achieve the splitting of atoms, and leaves behind waste products which remain hazardous to human and ecological health for up to tens of thousands of years. Not only does nuclear fusion leave nothing behind, it is many times more powerful. Yet, it has remained elusive despite decades of attempts and considerable investment and collaboration from both public and private entities, such as the Gates-backed mini-reactor concept, around the world.

But just this month there was an incredible breakthrough that may indicate that we are getting close. “For an almost imperceptible fraction of a second on Aug. 8, massive lasers at a government facility in Northern California re-created the power of the sun in a tiny hot spot no wider than a human hair,” CNET reported in August. This breakthrough occurred at the National Ignition Facility, where scientists used lasers to set off a fusion reaction that emitted a stunning 10 quadrillion watts of power. Although the experiment lasted for just 100 trillionths of a second, the amount of energy it produced was equal to about “6% of the total energy of all the sunshine striking Earth’s surface at any given moment.”

“This phenomenal breakthrough brings us tantalizingly close to a demonstration of ‘net energy gain’ from fusion reactions — just when the planet needs it,” said Arthur Turrell, physicist and nuclear fusion expert. What’s more, scientists and experts are hopeful that the rate of fusion breakthroughs will continue to speed up, as interest in atomic energy is heating up again across markets, and commercial nuclear fusion could be achieved sooner than ever seemed possible before. At a time when it has never been more important or more urgent to find a powerful and affordable means of producing clean energy, and as policies like the U.K.’s green industrial revolution guide the next waves of reactors, commercial nuclear fusion can’t come fast enough.

Related News

• Electricity Forum News

• Power Generation News