ENMAX gets green light for major generation projects

Columbia River Treaty Negotiations involve Canada-U.S. talks on B.C. dams, flood control, hydropower sharing, and downstream benefits, prioritizing ecosystem health, First Nations rights, and salmon restoration while balancing affordable electricity for northwest consumers.

Key Points

Talks to update flood control, hydropower, and ecosystem terms for fair benefits to B.C. and U.S. communities.

✅ Public consultations across B.C.'s Columbia Basin

✅ First Nations priorities include salmon restoration

✅ U.S. seeks cheaper power; B.C. defends downstream benefits

With talks underway between Canada and the U.S. on the future of the Columbia River Treaty, the B.C. New Democrats have launched public consultations in the region most affected by the high-stakes negotiation.

“We want to ensure Columbia basin communities are consulted, kept informed and have their voices heard,” said provincial cabinet minister Katrine Conroy via a press release announcing meetings this month in Castlegar, Golden, Revelstoke, Nakusp, Nelson and other communities.

As well as having cabinet responsibility for the talks, Conroy’s Kootenay West riding includes several places that were inundated under the terms of the 1964 flood control and power generation treaty.

“We will continue to work closely with First Nations affected by the treaty, to ensure Indigenous interests are reflected in the negotiations,” she added by way of consolation to Indigenous people who’ve been excluded from the negotiating teams on both sides of the border.

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The stakes are also significant for the province as a whole. The basics of the treaty saw B.C. build dams to store water on this side of the border, easing the flood risk in the U.S. and allowing the flow to be evened out through the year. In exchange, B.C. was entitled to a share of the additional hydro power that could be generated in dams on the U.S. side.

B.C.’s sale of those downstream benefits to the U.S has poured almost $1.4 billion into provincial coffers over the past 10 years, albeit at a declining rate these days amid scrutiny from a regulator report on BC Hydro that raised concerns, because of depressed prices for cross-border electricity sales.

Politicians on the U.S. side have long sought to reopen the treaty, believing there was now a case for reducing B.C.’s entitlement.

They did not get across the threshold under President Barack Obama.

Then, last fall his successor Donald Trump served notice of intent, initiating the formal negotiations that commenced with a two day session last week in Washington, D.C. The next round is set for mid-August in B.C.

American objectives in the talks include “continued, careful management of flood risk; ensuring a reliable and economical power supply; and better addressing ecosystem concerns,” with recognition of recent BC Hydro demand declines during the pandemic.

“Economical power supply,” being a diplomatic euphemism for “cheaper electricity for consumers in the northwest states,” achievable by clawing back most of B.C.’s treaty entitlement.

On taking office last summer, the NDP inherited a 14-point statement of principles setting out B.C. hopes for negotiations to “continue the treaty” while “seeking improvements within the existing framework” of the 54-year-old agreement.

The New Democrats have endorsed those principles in a spirit of bipartisanship, even as Manitoba Hydro governance disputes play out elsewhere in Canada.

“Those principles were developed with consultation from throughout the region,” as Conroy advised the legislature this spring. “So I was involved, as well, in the process and knew what the issues were, right as they would come up.”

The New Democrats did chose to put additional emphasis on some concerns.

“There is an increase in discussion with Canada and First Nations on the return of salmon to the river,” she advised the house, recalling how construction of the enormous Grand Coulee Dam on the U.S. side in the 1930s wiped out salmon runs on the upper Columbia River.

“There was no consideration then for how incredibly important salmon was, especially to the First Nations people in our region. We have an advisory table that is made up of Indigenous representation from our region, and also we are discussing with Canada that we need to see if there’s feasibility here.”

As to feasibility, the obstacles to salmon migration in the upper reaches of the Columbia include the 168-metre high Grand Coulee and the 72-metre Chief Joseph dams on the U.S. side, plus the Keenleyside (52 metres), Revelstoke (175 metres) and Mica (240 metres) dams on the Canadian side.

Still, says Conroy “the First Nations from Canada and the tribes from the United States, have been working on scientific and technical documents and research to see if, first of all, the salmon can come up, how they can come up, and what the things are that have to be done to ensure that happens.”

The New Democrats also put more emphasis on preserving the ecosystem, aligning with clean-energy efforts with First Nations that support regional sustainability.

“I know that certainly didn’t happen in 1964, but that is something that’s very much on the minds of people in the Columbia basin,” said Conroy. “If we are going to tweak the treaty, what can we do to make sure the voices of the basin are heard and that things that were under no consideration in the ’60s are now a topic for consideration?”

With those new considerations, there’s still the status quo concern of preserving the downstream benefits as a trade off for the flooding and other impacts on this side of the border.

The B.C. position on that score is the same under the New Democrats as it was under the Liberals, despite a B.C. auditor general report on deferred BC Hydro costs.

“The level of benefits to B.C., which is currently solely in the form of the (electricity) entitlement, does not account for the full range of benefits in the U.S. or the impacts in B.C.,” says the statement of principle.

“All downstream U.S. benefits such as flood risk management, hydropower, ecosystems, water supply (including municipal, industrial and agricultural uses), recreation, navigation and other related benefits should be accounted for and such value created should be shared equitably between the two countries.”

No surprise if the Americans do not see it the same way.  But that is a topic for another day.

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Earth Hour BC highlights BC Hydro data on electricity use, energy savings, and participation in the Lower Mainland and Vancouver Island amid climate change and hydroelectric power dynamics.

Key Points

BC observance tracking BC Hydro electricity use and conservation during Earth Hour, amid hydroelectric power dominance.

✅ BC Hydro reports rising electricity use during Earth Hour 2018

✅ Savings fell from 2% in 2008 to near zero province-wide

✅ Hydroelectric grid yields low GHG emissions in BC

For the first time since it began tracking electricity use in the province during Earth Hour, BC Hydro said customers used more power during the 60-minute period when lights are expected to dim, mirroring all-time high electricity demand seen recently.

The World Wildlife Fund launched Earth Hour in Sydney, Australia in 2007. Residents and businesses there turned off lights and non-essential power as a symbol to mark the importance of combating climate change.

The event was adopted in B.C. the next year and, as part of that, BC Hydro began tracking the megawatt hours saved.

#google#

In 2008, residents and businesses achieved a two per cent savings in electricity use. But since then, BC Hydro says the savings have plummeted.

The event was adopted in B.C. the next year and, as part of that, BC Hydro began tracking the megawatt hours saved.

In 2008, residents and businesses achieved a two per cent savings in electricity use. But since then, BC Hydro says the savings have plummeted, as record-breaking demand in 2021 and beyond changed consumption patterns.

Lights on

For Earth Hour this year, which took place 8:30-9:30 p.m. on March 24, BC Hydro says electricity use in the Lower Mainland increased by 0.5 per cent, even as it activated a winter payment plan to help customers manage bills. On Vancouver Island it increased 0.6 per cent.

In the province's southern Interior and northern Interior, power use remained the same during the event.

On Friday, the utility released a report called: "lights out". Why Earth Hour is dimming in BC. which explores the decline of energy savings related to Earth Hour in the province.

The WWF says the way in which hydro companies track electricity savings during Earth Hour is not an accurate measure of participation, and tracking of emerging loads like crypto mining electricity use remains opaque, and noted that more countries than ever are turning off lights for the event.

For 2018, the WWF shifted the focus of Earth Hour to the loss of wildlife across the globe.

BC Hydro says in its report that the symbolism of Earth Hour is still important to British Columbians, but almost all power generation in B.C. is hydroelectric, though recent drought conditions have required operational adjustments, and only accounts for one per cent of greenhouse gas emissions.

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eRex Biomass Power Plant will deliver 300 MW in Japan, offering stable baseload renewable energy, coal-cost parity, and feed-in tariff independence through economies of scale, efficient fuel procurement, and utility-scale operations supporting RE100 demand.

Key Points

A 300 MW Japan biomass project targeting coal-cost parity and FIT-free, stable baseload renewable power.

✅ 300 MW capacity; enough for about 700,000 households

✅ Aims to skip feed-in tariff via economies of scale

✅ Targets coal-cost parity with stable, dispatchable output

Power supplier eRex will build its largest biomass power plant to date in Japan, hoping the facility's scale will provide healthy margins, a strategy increasingly seen among renewable developers pursuing diverse energy sources, and a means of skipping the government's feed-in tariff program.

The Tokyo-based electric company is in the process of selecting a location, most likely in eastern Japan. It aims to open the plant around 2024 or 2025 following a feasibility study. The facility will cost an estimated 90 billion yen ($812 million) or so, and have an output of 300 megawatts -- enough to supply about 700,000 households. ERex may work with a regional utility or other partner

The biggest biomass power plant operating in Japan currently has an output of 100 MW. With roughly triple that output, the new facility will rank among the world's largest, reflecting momentum toward 100% renewable energy globally that is shaping investment decisions.

Nearly all biomass power facilities in Japan sell their output through the government-mediated feed-in tariff program, which requires utilities to buy renewable energy at a fixed price. For large biomass plants that burn wood or agricultural waste, the rate is set at 21 yen per kilowatt-hour. But the program costs the Japanese public more than 2 trillion yen a year, and is said to hamper price competition.

ERex aims to forgo the feed-in tariff with its new plant by reaping economies of scale in operation and fuel procurement. The goal is to make the undertaking as economical as coal energy, which costs around 12 yen per kilowatt-hour, even as solar's rise in the U.S. underscores evolving benchmarks for competitive renewables.

Much of the renewable energy available in Japan is solar power, which fluctuates widely according to weather conditions, though power prediction accuracy has improved at Japanese PV projects. Biomass plants, which use such materials as wood chips and palm kernel shells as fuel, offer a more stable alternative.

Demand for reliable sources of renewable energy is on the rise in the business world, as shown by the RE100 initiative, in which 100 of the world's biggest companies, such as Olympus, have announced their commitment to get 100% of their power from renewable sources. ERex's new facility may spur competition.

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New Brunswick Small Modular Reactors promise clean energy, jobs, and economic growth, say NB Power, ARC Nuclear, and Moltex Energy; critics cite cost overruns, nuclear waste risks, market viability, and reliance on government funding.

Key Points

Compact reactors proposed in NB to deliver low-carbon power and jobs; critics warn of costs, waste, and market risks.

✅ Promised jobs, exports, and net-zero support via NB Power partnerships

✅ Critics cite cost overruns, nuclear waste, and weak market demand

✅ Government funding pivotal; ARC and Moltex advance licensing

When Mike Holland talks about small modular nuclear reactors, he sees dollar signs.

When the Green Party hears about them, they see danger signs.

The loquacious Progressive Conservative minister of energy development recently quoted NB Power's eye-popping estimates of the potential economic impact of the reactors: thousands of jobs and a $1 billion boost to the provincial economy.

"New Brunswick is positioned to not only participate in this opportunity, but to be a world leader in the SMR field," Holland said in the legislature last month.

'Huge risk' nuclear deal could let Ontario push N.B. aside, says consultant
'Many issues' with modular nuclear reactors says environmental lawyer
Green MLAs David Coon and Kevin Arseneau responded cheekily by ticking off the Financial and Consumer Services Commission's checklist on how to spot a scam.

Is the sales pitch from a credible source? Is the windfall being promised by a reputable institution? Is the risk reasonable?

For small nuclear reactors, they said, the answer to all those questions is no. 

"The last thing we need to do is pour more public money down the nuclear-power drain," Coon said, reminding MLAs of the Point Lepreau refurbishment project that went $1 billion over budget.

The Greens aside, New Brunswick politicians have embraced small modular reactors as part of a broader premiers' nuclear initiative to develop SMR technology, which they say can both create jobs and help solve the climate crisis.

Smaller and cheaper, supporters say
They're "small" because, depending on the design, they would generate from three to 300 megawatts of electricity, less than, for example, Point Lepreau's 660 megawatts.

It's the modular design that is supposed to make them more affordable, as explained in next-gen nuclear guides, with components manufactured elsewhere, sometimes in existing factories, then shipped and assembled. 

Under Brian Gallant, the Liberals handed $10 million to two Saint John companies working on SMRs, ARC Nuclear and Moltex Energy.

Greens point to previous fiascoes
The Greens and other opponents of nuclear power fear SMRS are the latest in a long line of silver-bullet fiascoes, from the $23 million spent on the Bricklin in 1975 to $63.4 million in loans and loan guarantees to the Atcon Group a decade ago.

"It seems that [ARC and Moltex] have been targeting New Brunswick for another big handout ... because it's going to take billions of dollars to build these things, if they ever get off the drawing board," said Susan O'Donnell, a University of New Brunswick researcher.

O'Donnell, who studies technology adoption in communities, is part of a small new group called the Coalition for Responsible Energy Development formed this year to oppose SMRs.

"What we really need here is a reasonable discussion about the pros and cons of it," she said.

Government touts economic spinoffs
According to the Higgs government's throne speech last month, if New Brunswick companies can secure just one per cent of the Canadian market for small reactors, the province would see $190 million in revenue. 

The figures come from a study conducted for NB Power by University of Moncton economist Pierre-Marcel Desjardins.

But a four-page public summary does not include any sales projections and NB Power did not provide them to CBC News. 

"What we didn't see was a market analysis," O'Donnell said. "How viable is the market? … They're all based on a hypothetical market that probably doesn't exist."

O'Donnell said her group asked for the full report but was told it's confidential because it contains sensitive commercial information.

Holland said he's confident there will be buyers. 

"It won't be hard to find communities that will be looking for a cost effective, affordable, safe alternative to generate their electricity and do it in a way that emits zero emissions," he said.

SMRs come in different sizes and while some proponents talk about using "micro" reactors to provide electricity to remote northern First Nations communities, ARC and Moltex plan larger models to sell to power utilities looking to shift away from coal and gas.

"We have utilities and customers across Canada, where Ontario's first SMR groundbreaking has occurred already, across the United States, across Asia and Europe saying they desperately want a technology like this," said Moltex's Saint John-based CEO for North America Rory O'Sullivan. 

"The market is screaming for this product," he said, adding "all of the utilities" in Canada are interested in Moltex's reactors

ARC's CEO Norm Sawyer is more specific, guessing 30 per cent of his SMR sales will be in Atlantic Canada, 30 per cent in Ontario, where Darlington SMR plans are advancing, and 40 per cent in Alberta and Saskatchewan — all provincial power grids.

O'Donnell said it's an important question because without a large number of guaranteed sales, the high cost of manufacturing SMRs would make the initiative a money-loser. 

The cost of building the world's only functioning SMR, in Russia, was four times what was expected. 

An Australian government agency said initial cost estimates for such major projects "are often initially too low" and can "overrun." 

Up-front costs can be huge
University of British Columbia physicist M.V. Ramana, who has authored studies on the economics of nuclear power, said SMRs face the same financial reality as any large-scale manufacturing.

"You're going to spend a huge amount of money on the basic fixed costs" at the outset, he said, with costs per unit becoming more viable only after more units are built and sold. 

He estimates a company would have to build and sell more than 700 SMRs to break even, and said there are not enough buyers for that to happen. 

But Sawyer said those estimates don't take into account technological advances.

"A lot of what's being said ... is really based on old technology," he said, estimating ARC would be viable even if it sold an amount of reactors in the low double digits. 

O'Sullivan agrees.

"In fact, just the first one alone looks like it will still be economical," he said. "In reality, you probably need a few … but you're talking about one or two, maximum three [to make a profit] because you don't need these big factories."

'Paper designs' prove nothing, says expert
Ramana doesn't buy it. 

"These are all companies that have been started by somebody who's been in the nuclear industry for some years, has a bright idea, finds an angel investor who's given them a few million dollars," he said.

"They have a paper design, or a Power Point design. They have not built anything. They have not tested anything. To go from that point … to a design that can actually be constructed on the field is an enormous amount of work." 

Both CEOs acknowledge the skepticism about SMRs.

'The market is screaming for this product,' said Moltex’s Saint John-based CEO for North America, Rory O’Sullivan. (Brian Chisholm, CBC)
"I understand New Brunswick has had its share of good investments and its share of what we consider questionable investments," said Sawyer, who grew up in Rexton.

But he said ARC's SMR is based on a long-proven technology and is far past the on-paper design stage "so you reduce the risk." 

Moltex is now completing the first phase of the Canadian Nuclear Safety Commission's review of its design, a major hurdle. ARC completed that phase last year.

But, Ramana said there are problems with both designs. Moltex's molten salt model has had "huge technical challenges" elsewhere while ARC's sodium-cooled system has encountered "operational difficulties."

Ottawa says nuclear is needed for climate goals
The most compelling argument for looking at SMRs may be Ottawa's climate change goals, and international moves like the U.K.'s green industrial revolution plan point to broader momentum.  

The national climate plan requires NB Power to phase out burning coal at its Belledune generating station by 2030. It's scrambling to find a replacement source of electricity.

The Trudeau government's throne speech in October promised to "support investments in renewable energy and next-generation clean energy and technology solutions."

And federal Natural Resources Minister Seamus O'Regan told CBC earlier this year that he's "very excited" about SMRs and has called nuclear key to climate goals in Canada as well.

"We have not seen a model where we can get to net-zero emissions by 2050 without nuclear,"  he said.

O'Donnell said while nuclear power doesn't emit greenhouse gases, it's hardly a clean technology because of the spent nuclear fuel waste. 

Government support is key 
She also wonders why, if SMRs make so much sense, ARC and Moltex are relying so much on government money rather than private capital.

Holland said "the vast majority" of funding for the two companies "has to come from private sector investments, who will be very careful to make sure they get a return on that investment."

Sawyer said ARC has three dollars for every dollar it has received from the province, and General Electric has a minority ownership stake in its U.S.-based parent company.

O'Sullivan said Moltex has attracted $5 million from a European engineering firm and $6 million from "the first-ever nuclear crowdfunding campaign." 

But he said for new technologies, including nuclear power, "you need government to show policy support.

"Nuclear technology has always been developed by governments around the world. This is a very new change to have an industry come in and lead this, so private investors can't take the risk to do that on their own," he said. 

So far, Ottawa hasn't put up any funding for ARC or Moltex. During the provincial election campaign, Higgs implied federal money was imminent, but there's been no announcement in the almost three months since then.

Last month the federal government announced $20 million for Terrestrial Energy, an Ontario company working on SMRs, alongside OPG's commitment to SMRs in the province, underscoring momentum.

"We know we have the best technology pitch," O'Sullivan said. "There's others that are slightly more advanced than us, but we have the best overall proposition and we think that's going to win out at the end of the day."

But O'Donnell said her group plans to continue asking questions about SMRs. 

"I think what we really need is to have an honest conversation about what these are so that New Brunswickers can have all the facts on the table," she said.

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Hydrogen Fuel Cell Crane Port of Vancouver showcases zero-emission RTG technology by DP World, TCA Electric, and partners, using hydrogen-electric fuel cells, battery energy storage, and regenerative capture to decarbonize container handling operations.

Key Points

A retrofitted RTG crane powered by hydrogen fuel cells, batteries, and regeneration to cut diesel use and CO2 emissions.

✅ Dual fuel cell system charges high-voltage battery

✅ Regenerative capture reduces energy demand and cost

✅ Pilot targets zero-emission RTG fleets by 2040

In a groundbreaking move toward sustainable logistics, TCA Electric, a Chilliwack-based industrial electrical contractor, is at the forefront of a pioneering hydrogen fuel cell crane project at the Port of Vancouver. This initiative, led by DP World in collaboration with TCA Electric and other partners, marks a significant step in decarbonizing port operations and showcases the potential of hydrogen technology in heavy-duty industrial applications.

A Vision for Zero-Emission Ports

The Port of Vancouver, Canada's largest port, has long been a hub for international trade. However, its operations have also contributed to substantial greenhouse gas emissions, even as DP World advances an all-electric berth in the U.K., primarily from diesel-powered Rubber-Tired Gantry (RTG) cranes. These cranes are essential for container handling but are significant sources of CO₂ emissions. At DP World’s Vancouver terminal, 19 RTG cranes account for 50% of diesel consumption and generate over 4,200 tonnes of CO₂ annually. 

To address this, the Vancouver Fraser Port Authority and the Province of British Columbia have committed to transforming the port into a zero-emission facility by 2050, supported by provincial hydrogen investments that accelerate clean energy infrastructure across B.C. This ambitious goal has spurred several innovative projects, including the hydrogen fuel cell crane pilot. 

TCA Electric’s Role in the Hydrogen Revolution

TCA Electric's involvement in this project underscores its expertise in industrial electrification and commitment to sustainable energy solutions. The company has been instrumental in designing and implementing the electrical systems that power the hydrogen fuel cell crane. This includes integrating the Hydrogen-Electric Generator (HEG), battery energy storage system, and regenerative energy capture technologies. The crane operates using compressed gaseous hydrogen stored in 15 pressurized tanks, which feed a dual fuel cell system developed by TYCROP Manufacturing and H2 Portable. This system charges a high-voltage battery that powers the crane's electric drive, significantly reducing its carbon footprint. 

The collaboration between TCA Electric, TYCROP, H2 Portable, and HTEC represents a convergence of local expertise and innovation. These companies, all based in British Columbia, have leveraged their collective knowledge to develop a world-first solution in the industrial sector, while regional pioneers like Harbour Air's electric aircraft illustrate parallel progress in aviation. TCA Electric's leadership in this project highlights its role as a key enabler of the province's clean energy transition. 

Demonstrating Real-World Impact

The pilot project began in October 2023 with the retrofitting of a diesel-powered RTG crane. The first phase included integrating the hydrogen-electric system, followed by a one-year field trial to assess performance metrics such as hydrogen consumption, energy generation, and regenerative energy capture rates. Early results have been promising, with the crane operating efficiently and emitting only steam, compared to the 400 kilograms of CO₂ produced by a comparable diesel unit. 

If successful, this project could serve as a model for decarbonizing port operations worldwide, mirroring investments in electric trucks at California ports that target landside emissions. DP World plans to consider converting its fleet of RTG cranes in Vancouver and Prince Rupert to hydrogen power, aligning with its global commitment to achieve carbon neutrality by 2040.

Broader Implications for the Industry

The success of the hydrogen fuel cell crane pilot at the Port of Vancouver has broader implications for the shipping and logistics industry. It demonstrates the feasibility of transitioning from diesel to hydrogen-powered equipment in challenging environments, and aligns with advances in electric ships on the B.C. coast. The project's success could accelerate the adoption of hydrogen technology in other ports and industries, contributing to global efforts to reduce carbon emissions and combat climate change.

Moreover, the collaboration between public and private sectors in this initiative sets a precedent for future partnerships aimed at advancing clean energy solutions. The support from the Province of British Columbia, coupled with the expertise of companies like TCA Electric and utility initiatives such as BC Hydro's vehicle-to-grid pilot underscore the importance of coordinated efforts in achieving sustainability goals.

Looking Ahead

As the field trial progresses, stakeholders are closely monitoring the performance of the hydrogen fuel cell crane. The data collected will inform decisions on scaling the technology and integrating it into broader port operations. The success of this project could pave the way for similar initiatives in other regions, complementing the province's move to electric ferries with CIB support, promoting the widespread adoption of hydrogen as a clean energy source in industrial applications.

TCA Electric's leadership in this project exemplifies the critical role of skilled industrial electricians in driving the transition to sustainable energy solutions. Their expertise ensures the safe and efficient implementation of complex systems, making them indispensable partners in the journey toward a zero-emission future.

The hydrogen fuel cell crane pilot at the Port of Vancouver represents a significant milestone in the decarbonization of port operations. Through innovative partnerships and local expertise, this project is setting the stage for a cleaner, more sustainable future in global trade and logistics.

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Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

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