Kansas responds to Sunflower lawsuit

By Associated Press


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Attorney General Steve Six's office is asking a federal court to dismiss Sunflower Electric Power Corp.'s lawsuit against the state for denying an air quality permit it needs to build two coal-fired power plants in southwest Kansas.

Sunflower filed the lawsuit last month in U.S. District Court in Wichita, saying Health and Environment Secretary Rod Bremby's decision to deny the permit violated its right to equal protection and its right to conduct interstate commerce.

It asked U.S. District Judge Eric Melgren to set aside the denial order and issue an injunction to keep the state from considering CO2 emissions in any future proceedings on Sunflower's application. No hearing date has been set.

In its response, the attorney general's office said the federal court lacks jurisdiction in the case because there's an ongoing appeal with Office of Administrative Hearings. There's also a pending case in the Kansas Supreme Court, which has postponed any action until the OAH rules.

Sunflower's lawsuit was the latest in an ongoing battle with the state over the October 2007 decision by Bremby, who cited potential carbon dioxide emissions and global warming for denying the permit. Many scientists link man-made greenhouse gas emissions to global warming.

"Even a cursory analysis of plaintiff's requested relief indicates this case constitutes nothing more than plaintiff's most recent attempt to achieve judicial review of the secretary's denial order prior to the OAH and Kansas Supreme Court completing their ongoing proceedings and the secretary issuing a final order," Six's motion said.

The motion also said both proceedings deal with the Kansas environment and its pollution permitting process "which are important state interests that, as a matter of law, are exclusively assigned to the KDHE."

KDHE spokeswoman Maggie Thompson said the agency doesn't comment on pending litigation.

"We believe the ratepayers of central and western Kansas have not received equal treatment under the law and have been denied the opportunity to benefit from interstate commerce," Clare Gustin, Sunflower vice president, said.

Gustin said Sunflower is committed to developing the power plants at Holcomb in Finney County to bring "low cost, reliable power to central and western Kansas."

In September 2007, the attorney general's office told Bremby he had the authority to deny the permit to protect the health of people or environment, even though there's no state or federal regulations setting limits for CO2 emissions.

Environmentalists opposed the $3.6 billion plants, but there was bipartisan support because many legislators, especially those from western Kansas, viewed it as economic development.

The Legislature tried three times this year to overturn Bremby's decision and allow the Hays-based Sunflower to build the plants. Each bill was vetoed by Gov. Kathleen Sebelius and legislators didn't have the votes to override her veto.

Sebelius and Lt. Gov. Mark Parkinson, along with Bremby, were named in Sunflower's lawsuit. The state's motion asks the court to remove Sebelius and Parkinson as defendants because they don't have the authority to act on Sunflower's application.

Sunflower wants to sell about 86 percent of the new power to two out-of-state electric cooperatives that are helping finance the project. They are Tri-State Generation and Transmission Association Inc. of Westminster, Colo., and Golden Spread Electric Cooperative, in Amarillo, Texas.

The new generating capacity, totaling 1,400 megawatts, would be enough to meet the peak demands of 700,000 households, according to one state estimate. Sunflower and a sister utility, Midwest Energy Inc., serve about 400,000 customers in 55 Kansas counties.

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Britain breaks record for coal-free power generation - but what does this mean for your energy bills?

UK Coal-Free Electricity Record highlights rapid growth in renewables as National Grid phases out coal; wind, solar, and offshore projects surge, green tariffs expand, and energy comparison helps consumers switch to cheaper, cleaner deals.

 

Key Points

Britain's longest coal-free run, enabled by renewables, lower demand, and grid shifts for cheaper, greener tariffs.

✅ Record set after two months without coal-fired generation

✅ Renewables outpace fossil fuels; wind and solar dominate

✅ Green tariffs expand; prices at three-year lows

 

On Wednesday 10 June, Britain hit a significant landmark: the UK went for two full months without burning coal to generate power – that's the longest period since the 1880s, following earlier milestones such as a full week without coal power in the recent past.

According to the National Grid, Britain has now run its electricity network without burning coal since midnight on the 9 April. This coal-free period has beaten the country’s previous record of 18 days, six hours and 10 minutes, which was set in June 2019, even though low-carbon generation stalled in 2019 according to analyses.

With such a shift in Britain’s drive for renewables and lower electricity demand following the coronavirus lockdown, as Britain recorded its cleanest electricity during lockdown to date, now may be the perfect time to do an online energy comparison and switch to a cheaper, greener deal.

Only a decade ago, around 40 per cent of Britain’s electricity came from coal generation, but since then the country has gradually shifted towards renewable energy, with the coal share at record lows in the system today. When Britain was forced into lockdown in response to the coronavirus pandemic, electricity demand dropped sharply, and the National Grid took the four remaining coal-fired plants off the network.

Over the past 10 years, Britain has invested heavily in renewable energy. Back in 2010, only 3 per cent of the country's electricity came from wind and solar, and many people remained sceptical. However, now, the UK has the biggest offshore wind industry in the world. Plus, last year, construction of the world’s single largest wind farm was completed off the coast of Yorkshire.

At the same time, Drax – Britain’s biggest power plant – has started to switch from burning coal to burning compressed wooden pellets instead, reflecting the UK's progress as it keeps breaking its coal-free energy record again across the grid. By this time next year, the plant hopes to have phased out coal entirely.

So far this year, renewables have generated more power than all fossil fuels put together, the BBC reports, and the energy dashboard shows the current mix in real time. Renewables have been responsible for 37 per cent of electricity supplied to the network, with wind and solar surpassing nuclear for the first time, while fossil fuels have accounted for 35 per cent. During the same period, nuclear accounted for 18 per cent and imports made up the remaining 10 per cent.

What does this mean for consumers?

As the country’s electricity supply moves more towards renewables, customers have more choice than ever before. Most of the ‘Big Six’ energy companies now have tariffs that offer 100 per cent green electricity. On top of this, specialist green energy suppliers such as Bulb, Octopus and Green Energy UK make it easier than ever to find a green energy tariff.

The good news is that our energy comparison research suggests that green energy doesn’t have to cost you more than a traditional fixed-price energy contract would. In fact, some of the cheapest energy suppliers are actually green companies.

At present, energy bills are at three-year lows, which means that now is the perfect time to switch supplier. As prices remain low and renewables begin to dominate the marketplace, more switchers will be drawn to green energy deals than ever before.

However, if you’re interested in choosing a green energy supplier, make sure that you look at the company's fuel mix. This way, you’ll be able to see whether they are guaranteeing the usage of green energy, or whether they’re just offsetting your usage. All suppliers must report how their energy is generated to Ofgem, so you’ll easily be able to compare providers.

You may find that you pay more for a supplier that generates its own energy from renewables, or pay less if the supplier simply matches your usage by buying green energy. You can decide which option is right for you after comparing the prices.

 

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Charting a path to net zero electricity emissions by the middle of the century

Clean Energy Standard charts a federal path to decarbonize the power sector, scaling renewables, wind, solar, nuclear, and carbon capture to slash emissions, create green jobs, and reach net-zero targets amid the climate crisis.

 

Key Points

A federal policy to expand clean power and cut emissions with renewables, nuclear, and carbon capture toward net-zero.

✅ Mandates annual increases in clean electricity supply

✅ Includes renewables, nuclear, hydro, and carbon capture

✅ Targets rapid emissions cuts and net-zero by mid-century

 

The world has been put on notice. Last year, both the UN Intergovernmental Panel on Climate Change and the U.S. National Climate Assessment warned that we need to slash greenhouse gas emissions to avoid disastrous impacts of global warming. Their direct language forecasting devastating effects on our health, economics, environment, and ways of life has made even more urgent the responsibility we all have to act boldly to combat the climate crisis.

This week, we’re adding one important tool for addressing the climate crisis to the national conversation.

Together, we’re taking that bold action. The Climate reports made clear that to limit the global temperature rise and stave off devastating impacts to our climate—human-caused CO2 emissions must fall rapidly by 2030 and that we, as a global community, underscored at the Katowice climate talks, must reach net-zero emissions by the middle of the century. The Clean Energy Standard is federal legislation that offers a pathway toward decarbonizing our power sector and helping our nation accomplish a goal of net-zero emissions by the 2050s.

Under this plan, any company selling retail electricity will have a mandate to increase the amount of clean energy provided to its customers. It will incentivize clean electricity investment to put the U.S. on a sustainable path.

To deal most effectively with a crisis, all tools must be on the table. Our plan focuses solely on emissions, and there is a place for all technologies that can put us on the path to net zero. That will mean drastic increases in wind and solar energy for sure, as states like California pursue a 100% carbon-free electricity mandate to accelerate deployment, but nuclear power, hydro power, and fossil fuels with carbon capture and storage all have important roles to play.

We’re doing this because the science is clear – tackling our climate crisis requires serious and rapid action to control greenhouse gas emissions, and the push for decarbonization is irreversible according to many. Inaction on the climate crisis puts our families at risk, and we’re not wasting any time. This is also an opportunity to create good-paying green jobs that can last generations and uplift the middle class.

We are doing this for the environment, but also for jobs and economic competitiveness. The green economy is the future and we’re ready to see it grow, with states like New York advancing a Green New Deal that drives innovation. The United States can lead, or we can follow, and we want our nation to lead.

And, because as a New Mexican and a Minnesotan, we know that the impacts of climate change go far beyond the headlines and political discourse. It means devastation within tamarack forests and an increase in deadly fires. It means hotter summers and shorter winters with extreme temperature swings throughout the year. It means devastating flash floods with increasingly intense rain. It’s impacting our pocketbooks when farmers and small businesses who work the land in rural communities are unable to make ends meet.

States across the country are already acting to combat the climate crisis – including Minnesota's 2050 carbon-free electricity plan and New Mexico. But in order to truly address climate change, we have to be in this together as Americans. If the problem is far-reaching, our solutions must be equally as holistic.

It's why we've worked with green groups and activists, unions, and communities across the country - from urban to rural - to create a solution that understands the different starting points communities face in reaching net zero emissions, but doesn't shrink from the absolute need to reach that standard.

There is not one solution to climate change – it will take a collective group of individuals prepared to boldly act. And we are ready to take on that fight.

In Congress, we have formed the House Select Committee on the Climate Crisis and the Senate Democrats’ Special Committee on the Climate Crisis to hear from everyday Americans how climate change is affecting them – and how we can come together to find solutions that build on the historic climate deal passed this year. We have heard the stories of young people worried about their futures. And we realize there is a sense of urgency to act.

Over the coming weeks and months, we will be building support from communities across the country to make this plan a reality. We will continue working with stakeholders to ensure every voice is heard. Most importantly, we will continue listening to you and your communities.

 

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Net-zero roadmap can cut electricity costs by a third in Germany - Wartsila

Germany net-zero roadmap charts coal phase-out by 2030, rapid renewables buildout, energy storage, and hydrogen-ready gas engines to cut emissions and lower LCOE by 34%, unlocking a resilient, flexible, low-cost power system by 2040.

 

Key Points

Plan to phase out coal by 2030 and gas by 2040, scaling renewables, storage, and hydrogen to cut LCOE and emissions.

✅ Coal out by 2030; gas phased 2040 with hydrogen-ready engines

✅ Add 19 GW/yr renewables; 30 GW storage by 2040

✅ 34% lower LCOE, 23% fewer emissions vs slower path

 

Germany can achieve significant reductions in emissions and the cost of electricity by phasing out coal in 2030 under its coal phase-out plan but must have a clear plan to ramp up renewables and pivot to sustainable fuels in order to achieve net-zero, according to a new whitepaper from Wartsila.

The modelling, published in Wärtsilä new white paper ‘Achieving net-zero power system in Germany by 2040’, compares the current plan to phase out coal by 2030 and gas by 2045 with an accelerated plan, where gas is phased out by 2040. By accelerating the path to net-zero, Germany can unlock a 34% reduction in the levelised cost of energy, as well as a 23% reduction in the total emissions, or 562 million tonnes of carbon dioxide in real terms.

The modelling offers a clear, three-step roadmap to achieve net-zero: rapidly increase renewables, energy storage and begin future-proofing gas engines in this decade; phase out coal by 2030; and phase out gas by 2040, converting remaining engines to run on sustainable fuels.

The greatest rewards are available if Germany front-loads decarbonisation. This can be done by rapidly increasing renewable capacity, adding 19 GW of wind and solar PV capacity per year. It must also add a total of 30GW of energy storage by 2040.

Håkan Agnevall, President and CEO of Wärtsilä Corporation said: “Germany stands on the precipice of a new, sustainable energy era. The new Federal Government has indicated its plans to consign coal to history by 2030. However, this is only step one. Our white paper demonstrates the need to implement a three-step roadmap to achieve net-zero. It is time to put a deadline on fossil fuels and create a clear plan to transition to sustainable fuels.”

While a rapid coal phase-out has been at the centre of recent climate policy debates, including the ongoing nuclear debate over Germany’s energy mix, the pathway to net-zero is less clear. Wärtsilä’s modelling shows that gas engines should be used to accelerate the transition by providing a short-term bridge to enable net zero and navigate the energy transition while balancing the intermittency of renewables until sustainable fuels are available at scale.

However, if Germany follows the slower pathway and reaches net-zero by 2045, it risks becoming reliant on gas as baseload power for much of the 2030s amid renewable expansion challenges that persist, potentially harming its ability to reach its climate goals. 

Creating the infrastructure to pivot to sustainable fuels is one of the greatest challenges facing the German system. The ability to convert existing capacity to run purely on hydrogen via hydrogen-ready power plants will be key to reaching net-zero by 2040 and unlocking the significant system-wide benefits on offer.

Jan Andersson, General Manager of Market Development in Germany, Wärtsilä Energy added: “To reach the 2040 target and unlock the greatest benefits, the most important thing that Germany can do is build renewables now. 19 GW is an ambitious target, but Germany can do it. History shows us that Germany has been able to achieve high levels of renewable buildout in previous years. It must now reach those levels consistently.

“Creating a clear plan which sets out the steps to net zero is essential. Renewable energy is inherently intermittent, so flexible energy capacity will play a vital role. While batteries provide effective short-term flexibility, gas is currently the only practical long-term option. If Germany is to unlock the greatest benefits from decarbonisation, it must have a clear plan to integrate sustainable fuel. From 2030, all new thermal capacity must run solely on hydrogen.”

Analysis of the last decade demonstrates that the rapid expansion of renewable energy is possible, and that renewables overtook coal and nuclear in generation. Previously, Germany has built large amounts of renewable capacity, including 8GW of solar PV in 2010 and 2011, 5.3 GW of onshore wind in 2017, and 2.5 GW of offshore wind in 2015.

The significant reductions in the cost of electricity demonstrated in the modelling are driven by the fact that renewables are far cheaper to run than coal or gas plants, even as coal still provides about a third of electricity in Germany. The initial capital investment is far outweighed by the ongoing operational expense of fossil fuel-based power.

As well as reducing emissions and costs, Germany’s rapid path to net-zero can also unlock a series of additional benefits. If coal is phased out by 2030 but capacity is not replaced by high levels of renewable energy, Germany risks becoming a significant energy importer, peaking at 162 TWh in 2035. The accelerated pathway would reduce imports by a third.

Likewise, more renewable energy will help to electrify district heating, meaning Germany can move away from carbon-intensive fuels sooner. If Germany follows the accelerated path, 57% of Germany’s heating could be electrified in 2045, compared to 10% under the slower plan.

Jan Andersson concluded: “The opportunities on offer are vast. Germany can provide the blueprint for net zero and galvanise an entire continent. Now is the time for the new government to seize the initiative.”

 

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Alberta ratepayers on the hook for unpaid gas and electricity bills from utility deferral program

Alberta Utility Rate Rider will add a modest fee to electricity bills and natural gas charges as the AUC recovers outstanding debt from the COVID-19 deferral program via AESO and the Balancing Pool.

 

Key Points

A temporary surcharge on Alberta power and gas bills to recover unpaid COVID-19 deferral debt, administered by the AUC.

✅ Applies per kWh and per GJ based on consumption

✅ Recovers unpaid balances from 2020-21 bill deferrals

✅ Collected via AESO and the Balancing Pool under AUC oversight

 

The province says Alberta ratepayers should expect to see an extra fee on their utility bills in the coming months.

That fee is meant to recover the outstanding debt owed to gas and electricity providers resulting from last year's three-month utility deferral program offered to struggling Albertans during the pandemic.

The provincial government announced the utility deferral program in March 2020 then formalized it with legislation, alongside a consumer price cap on power bills that shaped later policy decisions.

The program allowed residential, farm and small commercial customers who used less than 250,000 kilowatt hours of electricity per year — or consumed less than 2,500 gigajoules per year — to postpone their bills amid the COVID-19 pandemic.

According to the province, 350,000 customers, or approximately 13 per cent of the natural gas and electricity consumer base, took advantage of the program.

Customers had a year to repay providers what they owed. That deadline ended June 18, 2021.

The Alberta Utilities Commission (AUC), which regulates the utilities sector and natural gas and electricity markets and oversees a rate of last resort framework, said the vast majority of consumers have squared up.

But for those who didn't, provincial legislation dictates that Alberta ratepayers must cover any unpaid debt. The legislation exempts Medicine Hat utility customers for electricity and gas co-operative customers for gas.

"When the program was announced, it was very clear that it was a deferral program and that the monies would need to be paid back," said Geoff Scotton, a spokesperson with the Alberta Utilities Commission.

"Now we're in the situation where the providers, in good faith, who enabled those payment deferrals, need to be made whole. That's really the goal here."

Amount to be determined
Margeaux Maron, a spokesperson for Associate Minister of Natural Gas and Electricity Dale Nally, said based on early estimates, $13 to $16 million of $92 million in deferred payments remain outstanding.

As a result, the province expects the average Albertan will end up paying, unlike jurisdictions offering a lump-sum credit, a fraction of a dollar extra per monthly gas and electricity bill over a handful of months.

Scotton said at this point, there are too many unknown factors to know the exact size of the rate rider. However, he said he expects it to be modest.

Scotton said affected parties first have until the end of this week to notify the AUC exactly how much they are still owed.

Those parties include the Alberta Electric System Operator and the Balancing Pool, who essentially acted as bankers with respect to the distribution and transmission of the utilities to customers who deferred their payments.

Regulated service providers may also seek reimbursement on administrative and carrying costs, even as issues like a BC Hydro fund surplus spark debate elsewhere.

Then, Scotton said, once the outstanding amounts are known, the AUC will hold a public proceeding, similar to a Nova Scotia rate case, to determine the amount and the duration of the rate rider to be applied to each natural gas and electricity bill.

The amount will be based on consumption: per kilowatt hour for electricity and per gigajoule for natural gas.

That means larger businesses will end up paying more than the average Albertan.

Scotton said the AUC will expedite the hearing process and it expects to have a decision by the end of the summer.

Rate rider a 'surprise'
Joel MacDonald with Energyrates.ca — an organization which compares energy rates across the country — said it's not the amount of the rate rider that bothers him, but the fact that the repayment process wasn't made clear at the onset of the program.

"It came to us as a bit of a surprise," MacDonald said.

He said what was sold as a deferral program seems more like an electricity rebate program, or an "ability to pay" program.

"As opposed to the retailers looking into collection methods, anything that wasn't paid is basically just being forced upon all Alberta consumers," MacDonald said.

The expectation set out in the deferral legislation and regulations state utility providers such as Enmax and Epcor are expected to use reasonable efforts to try to collect the unpaid balances. It must then detail those reasonable efforts to the AUC.

A spokesperson for Enmax said it first works with its customers to find manageable payment arrangements and connects them with support services if they are unable to pay.

Then, if payment can't be arranged, it said it will work with a collection agency, which may even result in disconnection of service.

The spokesperson said only after all efforts have failed would Enmax seek reimbursement through this program.

Use tax revenues?
MacDonald also questioned why a government program isn't being paid for through general tax revenues.

He compared the utility deferral program to a mortgage subsidy program.

"Imagine that [Canada Mortgage And Housing Corporation] said, 'Hey, we had to give mortgage deferrals and some of these people never paid back their deferrals, so we're going to add an extra $300 to everyone's mortgage,'" he said.

"You'd expect that to come off of some sort of general taxation — not being assigned to other people's mortgages, right?"

In response, Maron said due to the current fiscal challenges facing the government — and the expected minimal costs to consumers, and even as a consumer price cap on electricity remains in place — it was determined that a rate rider would be an appropriate mechanism to repay bad debt associated with the program.

Scotton said rate riders aren't unusual — they're used to fine-tune rates for a set period of time.

He said under normal circumstances, regulated service providers can apply to the AUC to impose a rate rider to recover unexpected costs. And in some instances, they can provide a credit.

But in this situation, he said the debt is aggregated and, in turn, being collected more broadly.

 

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BC Hydro activates "winter payment plan"

BC Hydro Winter Payment Plan lets customers spread electricity bills over six months during cold weather, easing costs amid colder-than-average temperatures in British Columbia, with low-income conservation support, energy-saving kits, and insulation upgrades.

 

Key Points

Allows BC Hydro customers to spread winter electricity bills over six months, with added low-income efficiency support.

✅ Spread Dec-Mar bills across six months

✅ Eases costs during colder-than-average temperatures

✅ Includes low-income conservation and energy-saving kits

 

As colder temperatures set in across the province again this weekend, BC Hydro says it is activating its winter payment plan to give customers the opportunity to spread out their electricity bills as demand can reach record levels during extreme cold periods.

"Our meteorologists are predicting colder-than-average temperatures will continue over the next of couple of months and we want to provide customers with help to manage their payments," said Chris O'Riley, BC Hydro's president.

All BC Hydro customers will be able to spread payments from the billing period spanning Dec. 1, 2017 to March 31, 2018 over a six-month period.

Cold weather in the second half of December 2017 led to surging electricity demand that was higher than the previous 10-year average and has at times hit all-time highs during peak usage periods, according to BC Hydro.

Hydro operations also respond to summer conditions, as drought and low rainfall can force adjustments in power generation strategies.

People who heat their homes with electricity — about 40 per cent of British Columbians —  have the highest overall bills in the province, $197 more in December than in July, when air conditioning use can affect energy costs.

This is the second year the Crown corporation has activated a cold-weather payment plan, part of broader customer assistance programs it offers.  

BC Hydro has also increased funding for its low-income conservation programs by $2.2 million for a total of $10 million over the next three years. 

The low-income program provides energy-saving kits that include things like free energy assessments, insulation upgrades and weather stripping. 

 

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Solar farm the size of 313 football fields to be built at Edmonton airport

Airport City Solar Edmonton will deliver a 120-megawatt, 627-acre photovoltaic, utility-scale renewable energy project at EIA, creating jobs, attracting foreign investment, and supplying clean power to Fortis Alberta and airport distribution systems.

 

Key Points

A 120 MW, 627-acre photovoltaic solar farm at EIA supplying clean power to Fortis Alberta and airport systems.

✅ 120 MW utility-scale project over 627 acres at EIA

✅ Feeds Fortis Alberta and airport distribution networks

✅ Drives jobs, investment, and regional sustainability

 

A European-based company is proposing to build a solar farm bigger than 300 CFL football fields at Edmonton's international airport, aligning with Alberta's red-hot solar growth seen across the province.

Edmonton International Airport and Alpin Sun are working on an agreement that will see the company develop Airport City Solar, a 627-acre, 120-megawatt solar farm that reflects how renewable power developers combine resources for stronger projects on what is now a canola field on the west side of the airport lands.

The solar farm will be the largest at an airport anywhere in the world, EIA said in a news release Tuesday, in a region that also hosts the largest rooftop solar array at a local producer.

"It's a great opportunity to drive economic development as well as be better for the environment," Myron Keehn, vice-president, commercial development and air service at EIA, told CBC News, even as Alberta faces challenges with solar expansion that require careful planning.

"We're really excited that [Alpin Sun] has chosen Edmonton and the airport to do it. It's a great location. We've got lots of land, we're geographically located north, which is great for us, because it allows us to have great hours of sunlight.

"As everyone knows in Edmonton, you can golf early in the morning or golf late at night in the summertime here. And in wintertime it's great, because of the snow, and the reflective [sunlight] off the snow that creates power as well."

Airport official Myron Keehn says the field behind him will become home to the world's largest solar farm at an airport. (Scott Neufeld/CBC)

The project will "create jobs, provide sustainable solar power for our region and show our dedication to sustainability," Tom Ruth, EIA president and CEO, said in the news release, while complementing initiatives by Ermineskin First Nation to expand Indigenous participation in electricity generation.

Construction is expected to begin in early 2022, as new solar facilities in Alberta demonstrate lower costs than natural gas. The solar farm would be operational by the end of that year, the release said. 

Alpin Sun says the project will bring in $169 million in foreign investment to the Edmonton metro region amid federal green electricity contracts that are boosting market certainty. 

Power generated by Airport City Solar will feed into Fortis Alberta and airport distribution systems.

 

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