Electricity Payouts on Biggest U.S. Grid Fall 64 Per Cent in Auction


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PJM Capacity Auction Price Drop signals PJM Interconnection capacity market shifts, with $50/MW-day clearing, higher renewables and nuclear participation, declining coal, natural gas pressure, and zone impacts in ComEd and EMAAC, amid 21% reserve margins.

 

Key Points

A decline to $50 per MW-day in PJM capacity prices, shifting resource mix, zonal rates, and reserve margins.

✅ Clearing price fell to $50/MW-day from $140 in 2018

✅ Renewables and nuclear up; coal units down across PJM

✅ Zonal prices: ComEd $68.96, EMAAC $97.86; 21% reserves

 

Power-plant owners serving the biggest U.S. grid will be paid 64% less next year for being on standby to keep the lights on from New Jersey to Illinois.

Suppliers to PJM Interconnection LLC’s grid, which serves more than 65 million people, will get $50 a megawatt-day to provide capacity for the the year starting June 2022, according to the results of an auction released Wednesday. That’s down sharply from $140 in the previous auction, held in 2018. Analysts had expected the price would fall to about $85.

“Renewables, nuclear and new natural gas generators saw the greatest increases in cleared capacity, while coal units saw the largest decrease,” PJM said in a statement.

The PJM auction is the single most important event for power generators across the eastern U.S., including Calpine Corp., NRG Energy Inc. and Exelon Corp., because it dictates a big chunk of their future revenue. It also plays a pivotal role in shaping the region’s electricity mix, determining how much the region is willing to stick with coal and natural gas plants or replace them with wind and solar even as the aging grid complicates progress nationwide.

The results showed that the capacity price for the Chicago-area zone, known as ComEd, was $68.96 compared with $195.55 in the last auction. The price for the Pennsylvania and New Jersey zone, known as EMAAC, fell to $97.86 percent, from $165.73. All told, 144,477 megawatts cleared, representing a reserve margin of 21%.

Exelon shares fell 0.4% after the results were released. Vistra fell 1.5%. NRG was unchanged.

Blackouts triggered by extreme weather in Texas and California over the last year have reignited a debate over whether other regions should institute capacity systems similar to the one used by PJM, and whether to adopt measures like emergency fuel stock programs in New England as well. The market, which pays generators to be on standby in case extra power is needed, has long been a source of controversy. While it makes the grid more reliable, the system drives up costs for consumers. In the area around Chicago, for instance, these charges total more than $1.7 billion per year, accounting for 20% of customer bills, according to the Illinois Clean Jobs Coalition.

In the 2018 auction, PJM contracted supplies that were about 22% in excess of the peak demand projection at the time. This year, the grid is projected to start summer with a reserve margin of about 26%, as COVID-19 demand shifts persist, according to the market monitor -- far higher than the 16% most engineers say is needed to prevent major outages.

“This certainly doesn’t seem fair to ratepayers,” said Ari Peskoe, director of Harvard Law School’s Electricity Law Initiative.

Fossil-Fuel Advantage
Heading into the auction, analysts expected coal and gas plants to have the advantage. Nuclear reactors and renewables, they said, were poised to struggle amid coal and nuclear disruptions nationwide.

That’s because this is the first PJM auction run under a major pricing change imposed by federal regulators during the Trump administration. The new structure creates a price floor for some bidders, effectively hobbling nuclear and renewables that receive state subsidies while making it easier for fossil fuels to compete.

Those rules triggered contentious wrangling between power providers, PJM and federal regulators, delaying the auction for two years. The new system, however, may be short lived. The Biden administration is moving to overhaul the rules in time for the next auction in December.

Also See: Biden Climate Goals to Take Backseat in Biggest U.S. Power Grid

Dominion Energy Inc., one of the biggest U.S. utility owners, pulled out of the market over the rules. The Virginia-based company, which has a goal to have net-zero carbon emissions by 2050, said the new PJM format will “make renewables more expensive” than delivering clean energy through alternative markets.

Illinois, New Jersey and Maryland have also threatened to leave the capacity market unless the new price floor is eliminated, and Connecticut is leading a market overhaul in New England as well. PJM has already launched a process to do it.

PJM is already one of the most fossil-fuel intensive grids, with 60% of its electricity coming from coal and gas. Power plants that bid into the auction rely on it for the bulk of their revenue. That means plants that win contracts have an incentive to continue operating for as long as they can, even amid a supply-chain crisis this summer.

 

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Electricity Market Headed for a Reshuffle as Province Vows Overhaul

Alberta Electricity Market Overhaul will add renewables like wind and solar, curb price volatility tied to natural gas, boost competition, and reward energy efficiency, while safeguarding grid reliability and investor confidence through a transition roadmap.

 

Key Points

Alberta's 2027 market redesign adds renewables, boosts competition, and cuts volatility to protect reliability.

✅ Integrates wind and solar to meet climate and affordability goals.

✅ Increases competition and efficiency; reduces price volatility.

✅ Plans transition measures to maintain reliability and investment.

 

Alberta's electricity market is on the precipice of a significant transformation. The province, long reliant on fossil fuels for power generation, has committed to a market overhaul by 2027. This ambitious plan promises to shake up the current system, but industry players are wary of a lengthy period of uncertainty that could stifle much-needed investment in the sector.

The impetus for change stems from a confluence of factors. Soaring energy bills for consumers, reflecting rising electricity prices across the province, coupled with concerns about Alberta's environmental footprint, have pressured the government to seek a more sustainable and cost-effective electricity system. The current market, heavily influenced by natural gas prices, has been criticized for volatility and a lack of incentive for renewable energy development.

The details of the new electricity market design are still being formulated. However, the government has outlined some key objectives. One priority is to incorporate more renewable energy sources like wind and solar power into the grid. This aligns with Alberta's climate change goals and could lead to cleaner electricity generation, supporting the province's path to clean electricity in the coming years.

Another objective is to introduce more competition within the market. The current system is dominated by a few large players, and the government hopes increased competition will drive down prices for consumers, as the market needs more competition to function efficiently.

While the potential benefits of the overhaul are undeniable, industry leaders are apprehensive about the transition period, with a Calgary retailer urging the government to scrap the overhaul amid uncertainty. The lack of clarity surrounding the new market design creates uncertainty for power companies. This could discourage investment in new generation facilities, both renewable and traditional, potentially leading to supply shortages in the future.

John Kousinioris, CEO of TransAlta, a major Alberta power generator, expressed these concerns. "We need a clear roadmap for the future," he stated. "Uncertainty makes it difficult to justify significant investments in new power plants, which are essential to ensure a reliable electricity supply for Albertans."

The government acknowledges the need to minimize disruption during the transition. They have promised to engage in consultations with industry stakeholders throughout the redesign process, as the province changes how it produces and pays for electricity to support long-term stability. Additionally, measures may be implemented to ensure a smooth transition and provide some level of certainty for investors.

The success of Alberta's electricity market overhaul will depend on several factors. Striking a balance between environmental sustainability, affordability, and energy security will be crucial. The government must design a system that incentivizes investment in new, cleaner power generation while maintaining reliable electricity supply at a reasonable cost for consumers.

The role of natural gas, a dominant player in Alberta's current electricity mix, is another point of contention. While the government aims to incorporate more renewables, natural gas is likely to remain a part of the equation for some time. Determining the appropriate role for natural gas in the future market will be a critical decision.

The upcoming years will be a period of significant change for Alberta's electricity market. The province's commitment to a cleaner and more competitive system holds promise, but navigating the transition effectively will be a complex challenge. Open communication, collaboration between stakeholders, and a well-defined roadmap for the future will be essential for ensuring a successful electricity market overhaul and a brighter energy future for Alberta.

 

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Typical Ontario electricity bill set to increase nearly 2% as fixed pricing ends

Ontario Electricity Rates update: OEB sets time-of-use and tiered pricing for residential customers, with kWh charges for peak, mid-peak, and off-peak periods reflecting COVID-19 impacts on demand, supply costs, and pricing.

 

Key Points

Ontario Electricity Rates are OEB-set time-of-use and tiered prices that set per-kWh costs for residential customers.

✅ Time-of-use: 21.7 peak, 15.0 mid-peak, 10.5 off-peak cents/kWh

✅ Tiered: 12.6 cents/kWh up to 1000 kWh, then 14.6 cents/kWh

✅ Average 700 kWh home pays about $2.24 more per month

 

Energy bills for the typical Ontario home are going up by about two per cent with fixed pricing coming to an end on Nov. 1, the Ontario Energy Board says. 

The province's electricity regulator has released new time-of-use pricing and says the rate for the average residential customer using 700 kWh per month will increase by about $2.24.

The change comes as Ontario stretches into its eight month of the COVID-19 pandemic with new case counts reaching levels higher than ever seen before.

Time-of-use pricing had been scrapped for residential bills for much for the pandemic with a single fixed COVID-19 hydro rate set for all hours of the day. The move, which came into effect June 1, was meant "to support families, small business and farms while Ontario plans for the safe and gradual reopening of the province," the OEB said at the time.

Ontario later set the off-peak price until February 7 around the clock to provide additional relief.

Fixed pricing meant customers' bills reflected how much power they used, rather than when they used it. Customers were charged 12.8 cents/kWh under the COVID-19 recovery rate no matter their time of use.

Beginning November, the province says customers can choose between time-of-use and tiered pricing options. Rates for time-of-use plans will be 21.7 cents/kWh during peak hours, 15 cents/kWh for mid-peak use and 10.5 cents/kWh for off-peak use. 

Customers choosing tiered pricing will pay 12.6 cents/kWh for the first 1000 kWh each month and then 14.6 cents/kWh for any power used beyond that.

The energy board says the increase in pricing reflects "a combination of factors, including those associated with the COVID-19 pandemic, that have affected demand, supply costs and prices in the summer and fall of 2020."

Asked for his reaction to the move Tuesday, Premier Doug Ford said, "I hate it," adding the province inherited an energy "mess" from the previous Liberal government and are "chipping away at it."

 

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Ontario government wants new gas plants to boost electricity production

Ontario Gas Plant Expansion aims to boost grid reliability as nuclear refurbishments proceed, using natural gas to meet electricity demand, despite critics urging renewables, energy storage, and efficiency to reduce carbon emissions, protecting investment growth.

 

Key Points

Ontario plan to expand gas plants for reliability during nuclear outages, sparking debate on emissions and clean options.

✅ IESO data: gas share rose from 4% (2017) to 10.4% (2022).

✅ Government cites nuclear refurbishments and demand growth.

✅ Critics propose storage, wind, solar, and efficiency.

 

The Ontario government is preparing to expand gas-fired power plants in Ontario; a move critics say will make the province's electricity system dirtier and could eventually leave taxpayers on the hook.

The province is currently soliciting bids for additional gas-fired electricity generation, which means new gas plants get built, or existing gas plants get expanded. 

It's poised to be Ontario's biggest increase in the gas-fired power supply in more than a decade since the previous Liberal government scrapped two gas plants, in Mississauga and Oakville, at a cost the auditor general pegged at around $1 billion. 

Doug Ford's energy minister, Todd Smith, says Ontario needs gas plants now to help meet an expected surge in demand for electricity as the province faces a supply shortfall in the coming years and to provide power while some units of the province's nuclear stations are down for refurbishment. 

"It's really important to have natural gas as an insurance policy to keep the lights on and provide the reliability that we need," Smith said in an interview. 

"We need natural gas for the short term, especially to get us through these refurbishments."

The portion of Ontario's electricity supply that comes from natural gas matters for the environment and the province's economy. Manufacturing companies increasingly seek clean power that emits as little carbon dioxide as possible. 

The portion of Ontario's electricity supply that comes from natural gas matters for the environment and the province's economy. Manufacturing companies increasingly seek a power supply that emits as little carbon dioxide as possible. 

Increasing the amount of gas-fired generation in the electricity system puts Ontario's ability to attract such investments at risk as it complicates balancing demand and emissions across the grid, says Evan Pivnick, program manager with Clean Energy Canada, a think tank. 

"Building new natural gas (power plants) in Ontario today should be seen as an absolute last resort for meeting our energy needs," said Pivnick in an interview. 

Ontario's electricity system has among the lowest rates of CO2 emissions in North America, with roughly half of the annual supply provided by nuclear power, one-quarter from hydro dams, and one-tenth from wind turbines. 

However, Ontario's gas plants have produced a growing amount of electricity in recent years, despite an early report exploring a gas halt by the minister, and that trend will continue if new gas plants are built. 

In 2017, gas- and oil-fired generation provided just four percent of Ontario's electricity supply, according to figures from the provincial agency that manages the grid, the Independent Electricity System Operator (IESO). 

By 2022, that figure reached 10.4 percent. 

Ontario doesn't need new gas plants to meet the electricity demand, says Bryan Purcell, vice president of policy and programs at The Atmospheric Fund. This agency invests in low-carbon projects in the Greater Toronto and Hamilton Area. 

"We're quite concerned about where Ontario's electric grid is going," said Purcell. "Thankfully, there's still time to adjust course and look at other options." 

According to Purcell and Pivnick, those options to avoid gas could include power storage (in which excess generated energy is stored for later use when electricity demand rises), wind and solar projects, or energy efficiency and conservation programs.

 

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Washington County planning officials develop proposed recommendations for solar farms

Washington County solar farm incentives aim to steer projects to industrial sites with tax breaks, underground grid connections, decommissioning bonds, and wildlife corridors, balancing zoning, historic preservation, and Maryland renewable energy mandates.

 

Key Points

Policies steer solar to industrial sites with tax breaks, buried lines, and bonds, aligning with zoning and state goals.

✅ Tax breaks to favor rooftops and parking canopies

✅ Bury new grid lines to shift projects to industrial parks

✅ Require decommissioning bonds and wildlife corridors

 

Incentives for establishing solar farms at industrial spaces instead of on prime farmland are among the ideas the Washington County Planning Commission is recommending for the county to update its policies regarding solar farms.

Potential incentives would include tax breaks on solar equipment and requiring developers to put power-grid connections and line extensions underground, a move tied to grid upgrade cost debates in other regions, Planning Commission members said during a Monday meeting.

The tax break could make it more attractive for a developer to put a solar farm on a roof or over a parking lot, similar to California's building-solar requirement policies that favor rooftop generation, which could cost more than putting it on farmland, said Commission member Dave Kline, who works for FirstEnergy.

Requiring a company to bury new transmission lines could steer them to industrial or business parks where, theoretically, transmission lines are more readily available, Kline said Wednesday in a phone interview.

Chairman Clint Wiley suggested talking to industrial property owners to create a list of industrial sites that make sense for a solar site, which could generate extra income for the property owner.

Commission members also talked about requiring a wildlife corridor. Anne Arundel County requires such a corridor if a solar site is over 15 acres, according to Jill Baker, deputy director of planning and zoning. The solar site is broken into sections so animals such as deer can get through, she said.

However, that means the solar farm would take up more agricultural land, Commission member Jeremiah Weddle said. Weddle, a farmer, has repeatedly voiced concerns about solar farms using prime farmland.

County zoning law already states solar farms are prohibited in Rural Legacy Areas, Priority Preservation Areas, and within Antietam Overlay zones that preserve the Antietam National Battlefield viewshed. They also cannot be built on land with permanent preservation easements, Baker said.

However, a big reason county officials are looking to strengthen county policies for solar generating systems, or solar farms, is a recent court decision that ruled the Maryland Public Service Commission can preempt county zoning law when it comes to large solar farms.

County zoning law defines a solar energy generating system as a solar facility, with multiple solar arrays, tied into the power grid and whose primary purpose is to generate power to distribute and/or sell into the public utility grid rather than consuming that power on site.

The Maryland Court of Appeals ruled in July that the Public Service Commission can preempt local zoning regarding solar farms larger than 2 megawatts. But the ruling also stated local government is a "significant participant in the process" and the state commission must give "due consideration" to local zoning laws.

County officials are looking at recommendations for solar farms, whether they are over 2 megawatts or not.

Solar farms are a popular issue statewide, especially with Maryland solar subscriptions expanding, and were discussed at a recent Maryland Association of Counties meeting for planners, Planning and Zoning Director Stephen Goodrich said.

The thinking is the best way for counties to express their opinions about a solar project is to participate in the state commission's local public hearings, where issues like how solar owners are paid often arise, Goodrich said. Another popular idea is for the county to continue to follow its process, which requires a public hearing for a special exception to establish a solar farm. That will help the county form an opinion, on individual cases, to offer the state commission, he said.

Recommendations discussed by the Planning Commission include:

A break on personal property taxes, which is on equipment, including affordable battery storage that can firm output, to steer developers away from areas where the county doesn't want solar farms. The Board of County Commissioners have been split on tax-break agreements for solar farms, with a majority recently granting a few.

 

Protecting valuable historic sites.

Requiring a decommissioning bond for removing the equipment at the end of the solar farm's life. The bond is protection in case the company goes bankrupt. The county commissioners have been making such a bond a requirement when granting recent tax breaks.

Looking at allowing solar farms in stormwater-management areas.

Other counties, particularly in Western Maryland and on the Eastern Shore, are having issues with solar farms even as research to improve solar and wind advances, because land is cheaper and there are wide-open spaces, Goodrich said.

Many solar projects are being developed or proposed because state lawmakers passed legislation requiring 50% of electricity produced in the state to come from renewable sources by 2030, and a federal plan to expand solar is also shaping expectations. Of that 50%, 14.5% is to come from solar energy.

In Maryland, the average number of homes that can be powered by 1 megawatt of solar energy is about 110, according to the Solar Energy Industries Association's website.

 

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Canadians Support Tariffs on Energy and Minerals in U.S. Trade Dispute

Canada Tariffs on U.S. Energy and Minerals signal retaliatory tariffs amid trade tensions, targeting energy exports and critical minerals, reflecting sovereignty concerns and shifting consumer behavior, reduced U.S. purchases, and demand for Canadian-made goods.

 

Key Points

They are proposed retaliatory tariffs on energy exports and critical minerals to counter U.S. trade pressures.

✅ 75% support tariffs; 70% back dollar-for-dollar retaliation

✅ Consumer shift: fewer U.S. purchases, more Canadian-made goods

✅ Concerns over sovereignty and U.S. trade tactics intensify

 

A recent survey has revealed that a significant majority of Canadians—approximately 75%—support the implementation of tariffs on energy exports and critical minerals in response to electricity exports at risk amid trade tensions with the United States. This finding underscores the nation's readiness to adopt assertive measures to protect its economic interests amid escalating trade disputes.​

Background on Trade Tensions

The trade relationship between Canada and the United States has experienced fluctuations in recent years, with both nations navigating complex issues related to tariffs and energy tariffs and trade tensions as well as trade agreements and economic policies. The introduction of tariffs has been a contentious strategy, often leading to reciprocal measures and impacting various sectors of the economy.​

Public Sentiment Towards Retaliatory Tariffs

The survey, conducted by Leger between February 14 and 17, 2025, sampled 1,500 Canadians and found that 70% favored implementing dollar-for-dollar retaliatory tariffs against the U.S. Notably, 45% of respondents were strongly in favor, while 25% were somewhat in favor. This strong support reflects widespread dissatisfaction with U.S. trade policies and growing support for Canadian energy projects among voters, alongside a collective sentiment favoring decisive action. ​

Concerns Over U.S. Economic Strategies

The survey also highlighted that 81% of Canadians are apprehensive about potential U.S. economic tactics aimed at drawing Canada into a closer political union. These concerns are fueled by statements from U.S. President Donald Trump, who has suggested annexation and employed tariffs that could spike NY energy prices to influence Canadian sovereignty. Such sentiments have heightened fears about the erosion of Canada's political autonomy under economic duress. ​

Impact on Consumer Behavior

In response to these trade tensions, including reports that Ford threatened to cut U.S. electricity exports, many Canadians have adjusted their purchasing habits. The survey indicated that 63% of respondents are buying fewer American products in stores, and 62% are reducing online purchases from U.S. retailers. Specific declines include a 52% reduction in Amazon purchases, a 50% drop in fast-food consumption from American chains, and a 43% decrease in spending at U.S.-based retail stores. Additionally, 30% of Canadians have canceled planned trips to the United States, while 68% have increased their purchases of Canadian-made products. These shifts demonstrate a tangible impact on consumer behavior driven by nationalistic sentiments and support for retaliatory measures. ​

Economic and Political Implications

The widespread support for retaliatory tariffs and the corresponding changes in consumer behavior have significant economic and political implications. Economically, while tariffs can serve as a tool for asserting national interests, they also risk triggering trade wars that can harm various sectors, including agriculture, manufacturing, and technology, with experts cautioning against cutting Quebec's energy exports in response. Politically, the situation presents a challenge for Canadian leadership to balance assertiveness in defending national interests with the necessity of maintaining a stable and mutually beneficial relationship with the U.S., Canada's largest trading partner.​

As Canada approaches its federal elections, trade policy is emerging as a pivotal issue. Voters are keenly interested in how political parties propose to navigate the complexities of international trade, particularly with the United States and how a potential U.S. administration's stance, such as Biden's approach to the energy sector could shape outcomes. The electorate's strong stance on retaliatory tariffs may influence party platforms and campaign strategies, emphasizing the need for clear and effective policies that address both the immediate concerns of trade disputes and the long-term goal of sustaining positive international relations.​

The survey results reflect a nation deeply engaged with its trade dynamics and protective of its sovereignty. While support for retaliatory tariffs is robust, it is essential for policymakers to carefully consider the broader consequences of such actions. Striking a balance between defending national interests and fostering constructive international relationships will be crucial as Canada navigates these complex trade challenges in the coming years.

 

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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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