Rhode Island PUC approves infrastructure improvement plans

Site C Dam Injunction signals Ottawa's neutrality while B.C. reviews a hydroelectric dam project on the Peace River, amid First Nations treaty rights claims, federal approval defenses, and scrutiny of environmental assessment and Crown consultation.

Key Points

A legal request to pause Site C while courts weigh First Nations treaty rights, environmental review, and approvals.

✅ Ottawa neutral on injunction; still defends federal approvals

✅ First Nations cite treaty rights over Peace River territory

✅ B.C. jurisdiction, environmental assessment and Crown consultation at issue

The federal government is not going to argue against halting construction of the controversial Site C hydroelectric dam in British Columbia while a B.C. court decides if the project violates constitutionally protected treaty rights.

Work on Site C suspended prior to First Nations lawsuit

However a spokeswoman for Environment Minister Catherine McKenna said Monday the government will continue to defend the federal approval given for the project in December 2014, even though that approval was given using an environmental review process McKenna herself has said is fundamentally flawed.

The Site C project is an 1,100-megawatt dam and generating station on the Peace River in northern B.C. that will flood parts of the traditional territory of the West Moberly and Prophet River First Nations.

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In January, they filed a civil court case against the provincial government, B.C. Hydro and the federal government asking a judge to decide if their rights were being violated by the dam. A few weeks later, West Moberly asked the court for an injunction to halt construction pending the outcome of the rights case, similar to other contested transmission projects like the Maine electricity corridor debate in New England.

On May 11, lawyers for Attorney General Jody Wilson-Raybould filed a notice that Canada would remain neutral on the question of the injunction, meaning Canada won't argue against the idea of postponing construction for months, if not years, while the rights case winds through the court.

Wilson-Raybould has been silent on Site C since being named Canada's minister of justice in 2015, but in 2012, when she was the B.C. regional chief for the Assembly of First Nations, she said the project was "running roughshod" over treaty rights. The Justice Department on Monday directed questions to Environment and Climate Change Canada.

Defence of environmental assessment

McKenna's spokeswoman, Caroline Theriault, said the injunction request is just a procedural step regarding construction and that it is B.C. jurisdiction not federal.

However, she said Canada will defend the environmental assessment and Crown consultation processes and the federally issued permits required for construction.

B.C. auditor general set to scrutinize Site C dam project

McKenna has legislation before the House of Commons to overhaul the process for environmental assessment of major projects like hydro dams and pipelines, arguing the former government's procedures had skewed too far towards proponents. The overhaul includes requiring traditional Indigenous knowledge be taken into account, a consideration also central to the Columbia River Treaty talks underway on both sides of the border.

However, Theriault said the commitment to overhaul the process also included a promise not to revisit projects that had already been approved, such as Site C.

"The federal environmental assessment process for the Site C project has already been upheld in other court actions," said Theriault.

'It feels kind of odd'

West Moberly Chief Roland Wilson said he was both excited and yet concerned by Canada's decision last week not to oppose the injunction.

"It feels kind of odd and makes me wonder what they're up to," Wilson said.

However he said all he has ever wanted was for the project to be stopped until the question of rights can be answered. Wilson said two previous dams on the Peace River already flooded 80 per cent of the functional land within West Moberly's territory and that Site C will flood half of what's left. That land is used for fishing and hunting and there is also concern the dam will allow mercury to leak into Moberly Lake, he said.

Retiree undaunted by steep odds against his petition to stop Site C dam

Construction began in 2015 and more than $2.4 billion has already been spent on a project that will at the earliest, not be completed until 2024 and will cost an estimated $10 billion total, with cost overrun risks underscored by the Muskrat Falls ratepayer agreement in Atlantic Canada.

The province continues to argue against the injunction and will also fight the rights case, even as Alberta suspends power purchase talks with B.C. over energy disputes. Premier John Horgan campaigned on a promise to review the Site C approval. A B.C. Utilities Commission report in November found there are alternatives to building it and that it will go over budget. Nevertheless Horgan in December said he had to let construction continue because cancelling the project would be too costly both for the province and its electricity consumers, despite the B.C. rate freeze announced around the same period.

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Duke Energy Carolinas Solar RFP draws 3.9 GW of utility-scale bids, oversubscribed in DEP and DEC, below avoided cost rates, minimal battery storage, strict PPA terms, and interconnection challenges across North and South Carolina.

Key Points

Utility-scale solar procurement in DEC and DEP, evaluated against avoided cost, with few storage bids and PPA terms.

✅ 3.9 GW bids for 680 MW; DEP most oversubscribed

✅ Most projects 7-80 MWac; few include battery storage

✅ Bids must price below 20-year avoided cost estimate

Last week the independent administrator for Duke’s 680 MW solar solicitation revealed data about the projects which have bid in response to the offer, showing a massive amount of interest in the opportunity.

Overall, 18 individuals submitted bids for projects in Duke Energy Carolinas (DEC) territory and 10 in Duke Energy Progress (DEP), with a total of more than 3.9 GW of proposals – more nearly 6x the available volume. DEP was relatively more over-subscribed, with 1.2 GWac of projects vying for only 80 MW of available capacity.

This is despite a requirement that such projects come in below the estimate of Duke’s avoided cost for the next 20 years, and amid changes in solar compensation that could affect project economics. Individual projects varied in capacity from 7-80 MWac, with most coming within the upper portion of that range.

These bids will be evaluated in the spring of 2019, and as Duke Energy Renewables continues to expand its portfolio, Duke Energy Communications Manager Randy Wheeless says he expects the plants to come online in a year or two.

Lack of storage

Despite recent trends in affordable batteries, of the 78 bids that came in only four included integrated battery storage. Tyler Norris, Cypress Creek Renewables’ market lead for North Carolina, says that this reflects that the methodology used is not properly valuing storage.

“The lack of storage in these bids is a missed opportunity for the state, and it reflects a poorly designed avoided cost rate structure that improperly values storage resources, commercially unreasonable PPA provisions, and unfavorable interconnection treatment toward independent storage,” Norris told pv magazine.

“We’re hopeful that these issues will be addressed in the second RFP tranche and in the current regulatory proceedings on avoided cost and state interconnection standards and grid upgrades across the region.”

Limited volume for North Carolina?

Another curious feature of the bids is that nearly the same volume of solar has been proposed for South Carolina as North Carolina – despite this solicitation being in response to a North Carolina law and ongoing legal disputes such as a church solar case that challenged the state’s monopoly model.

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SOO Green Underground Transmission Line proposes an HVDC corridor buried along Canadian Pacific railroad rights-of-way to deliver Iowa wind energy to Chicago, enhance grid interconnection, and reduce landowner disruption from new overhead lines.

Key Points

A proposed HVDC project burying lines along a railroad to move Iowa wind power to Chicago and link two grids.

✅ HVDC link from Mason City, IA, to Plano, IL

✅ Buried in Canadian Pacific railroad right-of-way

✅ Connects MISO and PJM grids for renewable exchange

The company behind a proposed underground transmission line that would carry electricity generated mostly by wind turbines in Iowa to the Chicago area said Monday that the $2.5 billion project could be operational in 2024 if regulators approve it, reflecting federal transmission funding trends seen recently.

Direct Connect Development Co. said it has lined up three major investors to back the project. It plans to bury the transmission line in land that runs along existing Canadian Pacific railroad tracks, hopefully reducing the disruption to landowners. It's not unusual for pipelines or fiber optic lines to be buried along railroad tracks in the land the railroad controls.

CEO Trey Ward said he "believes that the SOO Green project will set the standard regarding how transmission lines are developed and constructed in the U.S."

A similar proposal from a different company for an overhead transmission line was withdrawn in 2016 after landowners raised concerns, even as projects like the Great Northern Transmission Line advanced in the region. That $2 billion Rock Island Clean Line was supposed to run from northwest Iowa into Illinois.

The new proposed line, which was first announced in 2017, would run from Mason City, Iowa, to Plano, Ill., a trend echoed by Canadian hydropower to New York projects. The investors announced Monday were Copenhagen Infrastructure Partners, Jingoli Power and Siemens Financial Services.

The underground line would also connect two different regional power operating grids, as seen with U.S.-Canada cross-border transmission approvals in recent years, which would allow the transfer of renewable energy back and forth between customers and producers in the two regions.

More than 36 percent of Iowa's electricity comes from wind turbines across the state.

Jingoli Power CEO Karl Miller said the line would improve the reliability of regional power operators and benefit utilities and corporate customers in Chicago, even amid debates such as Hydro-Quebec line opposition in the Northeast.

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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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Hydro One-Avista Acquisition secures U.S. antitrust clearance under Hart-Scott-Rodino, pending approvals from state utility commissions, the FCC, and CFIUS, with prior FERC approval and shareholder vote supporting the cross-border utility merger.

Key Points

A $6.7B cross-border utility merger cleared under HSR, still awaiting state, FCC, and CFIUS approvals; FERC approved earlier.

✅ HSR waiting period expired; U.S. antitrust clearance obtained

✅ Approvals pending: state commissions, FCC, and CFIUS

✅ FERC and Avista shareholders have approved the transaction

Hydro One Ltd. says it has received antitrust clearance in the United States for its deal to acquire U.S. energy company Avista Corp., even as it sought to redesign customer bills in Ontario.

The Ontario-based utility says the 30-day waiting period under the Hart-Scott-Rodino Antitrust Improvements Act expired Thursday night.

Hydro One announced the friendly deal to acquire Avista last summer, amid customer backlash in some service areas, in an agreement that valued the company at $6.7 billion.

The deal still requires several other approvals, including those from utility commissions in Washington, Idaho, Oregon, Montana and Alaska.

Analysts also warned of political risk for Hydro One during this period, reflecting concerns about provincial influence.

The U.S. Federal Communications Commission must also sign off on the transaction, and although U.S. regulators later rejected the $6.7B takeover following review, clearance is required by the Committee on Foreign Investment in the United States.

The agreement has received approval from the U.S. Federal Energy Regulatory Commission as well as Avista shareholders, and it mirrored other cross-border deals such as Algonquin Power's acquisition of Empire District that closed in the sector.

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Nova Scotia Biomass Energy faces scrutiny as hydropower from Muskrat Falls via the Maritime Link increases, raising concerns over carbon emissions, biodiversity, ratepayer costs, and efficiency versus district heating in the province's renewable mix.

Key Points

Electricity from wood chips and waste wood in Nova Scotia, increasingly questioned as hydropower from the Maritime Link grows.

✅ Hydropower deliveries reduce need for biomass on the grid

✅ Biomass is inefficient, costly, and impacts biodiversity

✅ District heating offers better use of forestry residuals

The Ecology Action Centre's senior wilderness coordinator is calling on the Nova Scotia government to reduce the use of biomass to generate electricity now that more hydroelectric power is flowing into the province.

In 2020, the government of the day signed a directive for Nova Scotia Power to increase its use of biomass to generate electricity, including burning more wood chips, waste wood and other residuals from the forest industry. At the time, power from Muskrat Falls hydroelectric project in Labrador was not flowing into the province at high enough levels to reach provincial targets for electricity generated by renewable resources.

In recent months, however, the Maritime Link from Muskrat Falls has delivered Nova Scotia's full share of electricity, and, in some cases, even more, as the province also pursues Bay of Fundy tides projects to diversify supply.

Ray Plourde with the Ecology Action Centre said that should be enough to end the 2020 directive.

Ray Plourde is senior wilderness coordinator for the Ecology Action Centre. (CBC)
Biomass is "bad on a whole lot of levels," said Plourde, including its affects on biodiversity and the release of carbon into the atmosphere, he said. The province's reliance on waste wood as a source of fuel for electricity should be curbed, said Plourde.

"It's highly inefficient," he said. "It's the most expensive electricity on the power grid for ratepayers."

A spokesperson for the provincial Natural Resources and Renewables Department said that although the Maritime Link has "at times" delivered adequate electricity to Nova Scotia, "it hasn't done so consistently," a context that has led some to propose an independent planning body for long-term decisions.

"These delays and high fossil fuel prices mean that biomass remains a small but important component of our renewable energy mix," Patricia Jreiga said in an email, even as the province plans to increase wind and solar projects in the years ahead.

But to Plourde, that explanation doesn't wash.

The Nova Scotia Utility and Review Board recently ruled that Nova Scotia Power could begin recouping costs of the Maritime Link project from ratepayers. As for the rising cost of fossil fuels, Ploude noted that the inefficiency of biomass means there's no deal to be had using it as a fuel source.

"Honestly, that sounds like a lot of obfuscation," he said of the government's position.

No update on district heating plans
At the time of the directive, government officials said the increased use of forestry byproducts at biomass plants in Point Tupper and Brooklyn, N.S., including the nearby Port Hawkesbury Paper mill, would provide a market for businesses struggling to replace the loss of Northern Pulp as a customer. Brooklyn Power has been offline since a windstorm damaged that plant in February, however. Repairs are expected to be complete by the end of the year or early 2023.

Ploude said a better use for waste wood products would be small-scale district heating projects, while others advocate using more electricity for heat in cold regions.

Although the former Liberal government announced six public buildings to serve as pilot sites for district heating in 2020, and a list of 100 other possible buildings that could be converted to wood heat, there have been no updates.

"Currently, we're working with several other departments to complete technical assessments for additional sites and looking at opportunities for district heating, but no decisions have been made yet," provincial spokesperson Steven Stewart said in an email.

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