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Site C Dam Court Ruling could halt hydroelectric project near Fort St. John, as First Nations cite Treaty 8 rights in B.C. Supreme Court against BC Hydro, reservoir flooding, and Peace River Valley impacts.

Key Points

Potential B.C. Supreme Court stop to Site C, grounded in Treaty 8 rights claims by First Nations against BC Hydro.

✅ Trial expected in 2022 before planned 2023 reservoir flooding

✅ Treaty 8 rights and Peace River Valley impacts at issue

✅ Talks ongoing among B.C., BC Hydro, West Moberly, Prophet River

The Site C dam could still be stopped by an "eleventh hour" court ruling, according to the lawyer representing B.C. First Nations opposed to the massive hydroelectric project near Fort St. John.

The B.C. government, BC Hydro and West Moberly and Prophet River First Nations were in B.C. Supreme Court Feb. 28 to set a 120-day trial, expected to begin in March 2022.

That date means a ruling would come prior to the scheduled flooding of the dam's reservoir area in 2023 said Tim Thielmann, legal counsel for the West Moberly First Nation.

"The court has left itself the opportunity for an eleventh hour cancellation of the project," he said.

Construction continues

At the core of the case is First Nations arguments the multi-billion dollar BC Hydro dam will cause irreparable harm to its territory and way of life — even as drought strains hydro production elsewhere — rights protected under Treaty 8.

The West Moberly have previously warned it believes Site C constitutes a $1 billion treaty violation.

​In 2018, the First Nations lost a bid for an injunction order, meaning construction of the dam is continuing despite warnings that delays could cost $600 million to the project.

First Nations 'deeply frustrated' after B.C. Supreme Court dismisses Site C injunction

The judge in the case said the ruling was made because if the First Nations lost the challenge, the project would be needlessly put into disarray.

Province, Nations enter talks to avoid litigation

Also this week the B.C. government announced it has entered into talks with BC Hydro and the two First Nations in an attempt to avoid the court process altogether, amid broader energy debates such as bridging the Alberta-B.C. electricity gap for climate goals.

Thielmann said the details of the talk are confidential, but his clients are willing to pursue all avenues in order to stop the dam from moving forward.

"They are trying to save what little is left [of the Peace River Valley]", he said.

Tim Thielmann of Sage Legal is representing the West Moberly First Nation in its lawsuit aimed at stopping Site C. (Sage Legal)

In the meantime, the parties will continue to prepare for the 2022 court dates.

The latest figure on the cost of the dam is $10.7 billion, in a billions-over-budget project that the premier says will proceed. When complete, it would power the equivalent of 450,000 homes a year, though use of Site C's electricity remains a point of debate.

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Michigan EV time-of-use charging helps DTE Energy and Consumers Energy manage off-peak demand, expand smart charger rebates, and build DC fast charging infrastructure, lowering grid costs, emissions, and peak load impacts across Michigan's distribution networks.

Key Points

Michigan utility programs using time-based EV rates to shift charging off-peak and ease grid load via charger rebates.

✅ Off-peak rates cut peak load and distribution transformer stress.

✅ Rebates support home smart chargers and DC fast charging sites.

✅ DTE Energy and Consumers Energy invest to expand EV infrastructure.

The two largest utilities in the state of Michigan, DTE Energy and Consumers Energy, are looking at time-of-use charging rates in two proposed electric vehicle (EV) charging programs, aligned with broader EV charging infrastructure trends among utilities, worth a combined $20.5 million of investments.

DTE Energy last month proposed a $13 million electric vehicle (EV) charging program, which would include transformer upgrades/additions, service drops, labor and contractor costs, materials, hardware and new meters to provide time-of-use charging rates amid evolving charging control dynamics in the market. The Charging Forward program aims to address customer education and outreach, residential smart charger support and charging infrastructure enablement, DTE told regulators in its 1,100-page filing. The utility requested that rebates provided through the program be deferred as a regulatory asset.

Consumers Energy in 2017 withdrew a proposal to install 800 electric vehicle charging ports in its Michigan service territory after questions were raised over how to pay for the $15 million plan. According to Energy News Network, the utility has filed a modified proposal building on the former plan and conversations over the last year that calls for approximately half of the original investment.

Utilities across the country are viewing new demand from EVs as a potential boon to their systems, a shift accelerated by the Model 3's impact on utility planning, potentially allowing greater utilization and lower costs. But that will require the vehicles to be plugged in when other demand is low, to avoid the need for extensive upgrades and more expensive power purchases. Michigan utilities' proposal focuses on off-peak EV charging, as well as on developing new EV infrastructure.

While adoption has remained relatively low nationally, last year the Edison Electric Institute and the Institute for Electric Innovation forecast 7 million EVs on United States' roads by the end of 2025. But unless those EVs can be coordinated, state power grids could face increased stress, the National Renewable Energy Laboratory has said distribution transformers may need to be replaced more frequently and peak load could push system limits — even with just one or two EVs on a neighborhood circuit. 

In its application, DTE told regulators that electrification of transportation offers a range of benefits including "reduced operating costs for EV drivers and affordability benefits for utility customers."

"Most EV charging takes place overnight at home, effectively utilizing distribution and generation capacity in the system during a low load period," the utility said. "Therefore, increased EV adoption puts downward pressure on rates by spreading fixed costs over a greater volume of electric sales."

DTE added that other benefits include reduced carbon emissions, improved air quality, increased expenditures in local economies and reduced dependency on foreign oil for the public at large.

A previous proposal from Consumers Energy included 60 fast charging DC stations along major highways in the Lower Peninsula and 750 240-volt AC stations in metropolitan areas. Consumers' new plan will offer rebates for charger installation, as U.S. charging networks jostle for position amid federal electrification efforts, including residential and DC fast-charging stations.

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Germany Solar Cap Removal would accelerate photovoltaics, storage, and renewables, replacing coal and nuclear during phaseout with 10GW per year toward 162GW by 2030, boosting grid resilience, O&M jobs, and domestic clean energy growth.

Key Points

A policy change to scrap the 52GW limit, enabling 10GW/year PV and storage to replace coal and nuclear capacity.

✅ Scrap 52GW cap to prevent post-2020 market slump

✅ Add 10GW PV annually; scale residential, commercial, grid storage

✅ Create jobs in planning, installation, and O&M through 2030

The German Solar Association (BSW) has called on the government to remove barriers to the development of new solar power capacity in Germany and storage capacity needed to replace coal and nuclear generation that is being phased out.

A 52GW cap should be scrapped, otherwise there is a risk that a market slump will occur in the solar industry after 2020, BSW said, especially as U.S. solar expansion plans signal accelerating global demand.

BSW managing director Carsten Körnig said: “Time is running out, and further delays are irresponsible. The 52GW mark will already be reached within a few months.”
A new report from BSW, in cooperation with Bonn-based marketing and social research company EuPD Research and The smarter E Europe initiative, said 10GW a year is needed as well as an increase in battery storage capacity.

This would lead to cumulative photovoltaic capacity of 162GW and 15GW residential, commercial and grid storage systems by 2030, in line with global renewable records being set, leading to new job opportunities.

The number of jobs in the domestic photovoltaic and storage industries could increase to 78,000 by the end of the next decade from today’s level of 26,400, aligning with forecasts of wind and solar reaching 50% by mid-century, said 'The Energy Transition in the Context of the Nuclear and Coal Phaseout – Perspectives in the Electricity Market to 2040' study.

Job growth would take place for the most part in the fields of planning, installation and operations and maintenance of PV systems, as solar uptake in Poland increases, the report said.

In maintenance alone, employment would increase from 9,200 to 26,000, with additional opened up by tapping into the market potential of medium- to long-term storage systems, alongside changing electricity prices in Northern Europe that favor flexibility, it said.

The report added that industry revenue could grow from €5bn to €12.5bn in the coming decade.

The report was supported by BayWa Re E3/DC, Fronius, Goldbeck Solar, IBC Solar, Panasonic, Sharp, Siemens, Sonnen, Suntech, Tesvolt and Varta.

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Ontario Nuclear Expansion aims to meet rising electricity demand and decarbonization goals, complementing renewables with energy storage, hydroelectric, and SMRs, while reducing natural gas reliance and safeguarding grid reliability across the province.

Key Points

A plan to add large nuclear capacity to meet demand, support renewables, cut gas reliance, and maintain grid reliability

✅ Adds firm, low-carbon baseload to complement renewables

✅ Reduces reliance on natural gas during peak and outages

✅ Requires public and Indigenous engagement on siting

Ontario is exploring the possibility of building new, large-scale nuclear plants in order to meet increasing demand for electricity and phase out natural gas generation.

A report late last year by the Independent Electricity System Operator found that the province could fully eliminate natural gas from the electricity system by 2050, starting with a moratorium in 2027, but it will require about $400 billion in capital spending and more generation including new, large-scale nuclear plants.

Decarbonizing the grid, in addition to new nuclear, will require more conservation efforts, more renewable energy sources and more wind and solar power sources and more energy storage, the report concluded.

The IESO said work should start now to assess the reliability of new and relatively untested technologies and fuels to replace natural gas, and to set up large, new generation sources such as nuclear plants and hydroelectric facilities.

The province has not committed to a natural gas moratorium or phase-out, or to building new nuclear facilities other than its small modular reactor plans, but it is now consulting on the prospect.

A document recently posted to the government’s environmental registry asks for input on how best to engage the public and Indigenous communities on the planning and location of new generation and storage facilities.

Building new nuclear plants is “one pathway” toward a fully electrified system, Energy Minister Todd Smith said in an interview.

“It’s a possibility, for sure, and that’s why we’re looking for the feedback from Ontarians,” he said. “We’re considering all of the next steps.”

Environmental groups such as Environmental Defence oppose new nuclear builds, as well as the continued reliance on natural gas.

“The IESO’s report is peddling the continued use of natural gas under the guise of a decarbonization plan, and it takes as a given the ramping up of gas generation and continues to rely on gas generated electricity until 2050, which is embarrassingly late,” said Lana Goldberg, Environmental Defence’s Ontario climate program manager.

“Building new nuclear is absurd when we have safe and much cheaper alternatives such as wind and solar power.”

The IESO has said the flexibility natural gas provides, alongside new gas plants, is needed to keep the system stable while new and relatively untested technologies are explored and new infrastructure gets built, but also as an electricity supply crunch looms.

Ontario is facing a shortfall of electricity with the Pickering nuclear station set to be retired, others being refurbished, and increasing demands including from electric vehicles, new electric vehicle and battery manufacturing, electric arc furnaces for steelmaking, and growth in the greenhouse and mining industries.

The government consultation also asks whether “additional investment” should be made in clean energy in the short term in order to decrease reliance on natural gas, “even if this will increase costs to the electricity system and ratepayers.”

But Smith indicated the government isn’t keen on higher costs.

“We’re not going to sacrifice reliability and affordability,” he said. “We have to have a reliable and affordable system, otherwise we won’t have people moving to electrification.”

The former Liberal government faced widespread anger over high hydro bills _ highlighted often by the Progressive Conservatives, then in Opposition — driven up in part by long-term contracts at above-market rates with clean power producers secured to spur a green energy transition.

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Manitoba Hydro Rate Increase sets electricity rates up 2.5% annually for three years via Bill 35, bypassing PUB hearings, citing Crown utility debt and pandemic impacts, with legislature debate and a multi-year regulatory review ahead.

Key Points

A government plan to lift electricity rates 2.5% annually over three years via Bill 35, bypassing PUB hearings.

✅ 2.5% annual hikes for three years set in legislation

✅ Bypasses PUB rate hearings during pandemic recovery

✅ Targets Crown utility debt; multi-year review planned

The Manitoba government is planning to raise electricity rates, with Manitoba Hydro scaling back next year, by 2.5 per cent a year over the next three years.

Finance Minister Scott Fielding says the increases, to be presented in a bill before the legislature, are the lowest in a decade and will help keep rates among the lowest in Canada, even as SaskPower's 8% hike draws scrutiny in a neighbouring province.

Crown-owned Manitoba Hydro had asked for a 3.5 per cent increase this year, similar to BC Hydro's 3% rise, to help pay off billions of dollars in debt.

“The way we figured this out, we looked at the rate increases that were approved by PUB (Public Utilities Board) over the last ten years, (and) we went to 75 per cent of that,” Fielding said during a Thursday morning press conference.

“It’s a pandemic, we know that there’s a lot of people that are unemployed, that are struggling, we know that businesses need to recharge after the business (sic), so this will provide them an appropriate break.”

Electricity rates are normally set by the Public Utilities Board, a regulatory body that holds rate hearings and examines the Crown corporation’s finances.

The Progressive Conservative government has temporarily suspended the regulatory process and has set rates itself, while Ontario rate legislation to lower rates moved forward in its jurisdiction.

Manitoba Liberal leader Dougald Lamont was quick to condemn the move, noting parallels to Ontario price concerns before saying in a news release the PCs “are abusing their power and putting Hydro’s financial future at risk by fixing prices in the hope of buying some political popularity.”

“Hydro’s rates should be set by the PUB after public hearings, not figured out on the back of a napkin in the Premier’s office,” Lamont wrote.

Fielding noted the increase would appear as an amendment to Bill 35, which will appear in the legislature this fall, as BC Hydro plans multi-year increases proceed elsewhere.

“All members of the legislative assembly will vote and debate this rate increase on Bill 35,” Fielding said.

“This will give the PUB time to implement reforms, and allow the utilities to prepare a more rigorous, multi-year review application process.”

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Canada Power Grid Climate Resilience integrates extreme weather planning, microgrids, battery storage, renewable energy, vegetation management, and undergrounding to reduce outages, harden infrastructure, modernize utilities, and safeguard reliability during storms, ice events, and wildfires.

Key Points

Canada's grid resilience hardens utilities against extreme weather using microgrids, storage, renewables, and upgrades.

✅ Grid hardening: microgrids, storage, renewable integration

✅ Vegetation management reduces storm-related line contact

✅ Selective undergrounding where risk and cost justify

The increasing intensity of storms that lead to massive power outages highlights the need for Canada’s electrical utilities to be more robust and innovative, climate change scientists say.

“We need to plan to be more resilient in the face of the increasing chances of these events occurring,” University of New Brunswick climate change scientist Louise Comeau said in a recent interview.

The East Coast was walloped this week by the third storm in as many days, with high winds toppling trees and even part of a Halifax church steeple, underscoring the value of storm-season electrical safety tips for residents.

Significant weather events have consistently increased over the last five years, according to the Canadian Electricity Association (CEA), which has tracked such events since 2003.

#google#

Nearly a quarter of total outage hours nationally in 2016 – 22 per cent – were caused by two ice storms, a lightning storm, and the Fort McMurray fires, which the CEA said may or may not be classified as a climate event.

“It (climate change) is putting quite a lot of pressure on electricity companies coast to coast to coast to improve their processes and look for ways to strengthen their systems in the face of this evolving threat,” said Devin McCarthy, vice president of public affairs and U.S. policy for the CEA, which represents 40 utilities serving 14 million customers.

The 2016 figures – the most recent available – indicate the average Canadian customer experienced 3.1 outages and 5.66 hours of outage time.

McCarthy said electricity companies can’t just build their systems to withstand the worst storm they’d dealt with over the previous 30 years. They must prepare for worse, and address risks highlighted by Site C dam stability concerns as part of long-term planning.

“There needs to be a more forward looking approach, climate science led, that looks at what do we expect our system to be up against in the next 20, 30 or 50 years,” he said.

Toronto Hydro is either looking at or installing equipment with extreme weather in mind, Elias Lyberogiannis, the utility’s general manager of engineering, said in an email.

That includes stainless steel transformers that are more resistant to corrosion, and breakaway links for overhead service connections, which allow service wires to safely disconnect from poles and prevents damage to service masts.

Comeau said smaller grids, tied to electrical systems operated by larger utilities, often utilize renewable energy sources such as solar and wind as well as battery storage technology to power collections of buildings, homes, schools and hospitals.

“Capacity to do that means we are less vulnerable when the central systems break down,” Comeau said.

Nova Scotia Power recently announced an “intelligent feeder” pilot project, which involves the installation of Tesla Powerwall storage batteries in 10 homes in Elmsdale, N.S., and a large grid-sized battery at the local substation. The batteries are connected to an electrical line powered in part by nearby wind turbines.

The idea is to test the capability of providing customers with back-up power, while collecting data that will be useful for planning future energy needs.

Tony O’Hara, NB Power’s vice-president of engineering, said the utility, which recently sounded an alarm on copper theft, was in the late planning stages of a micro-grid for the western part of the province, and is also studying the use of large battery storage banks.

“Those things are coming, that will be an evolution over time for sure,” said O’Hara.

Some solutions may be simpler. Smaller utilities, like Nova Scotia Power, are focusing on strengthening overhead systems, mainly through vegetation management, while in Ontario, Hydro One and Alectra are making major investments to strengthen infrastructure in the Hamilton area.

“The number one cause of outages during storms, particularly those with high winds and heavy snow, is trees making contact with power lines,” said N.S. Power’s Tiffany Chase.

The company has an annual budget of $20 million for tree trimming and removal.

“But the reality is with overhead infrastructure, trees are going to cause damage no matter how robust the infrastructure is,” said Matt Drover, the utility’s director for regional operations.

“We are looking at things like battery storage and a variety of other reliability programs to help with that.”

NB Power also has an increased emphasis on tree trimming and removal, and now spends $14 million a year on it, up from $6 million prior to 2014.

O’Hara said the vegetation program has helped drive the average duration of power outages down since 2014 from about three hours to two hours and 45 minutes.

Some power cables are buried in both Nova Scotia and New Brunswick, mostly in urban areas. But both utilities maintain it’s too expensive to bury entire systems – estimated at $1 million per kilometre by Nova Scotia Power.

The issue of burying more lines was top of mind in Toronto following a 2013 ice storm, but that’s city’s utility also rejected the idea of a large-scale underground system as too expensive – estimating the cost at around $15 billion, while Ontario customers have seen Hydro One delivery rates rise in recent adjustments.

“Having said that, it is prudent to do so for some installations depending on site specific conditions and the risks that exist,” Lyberogiannis said.

Comeau said lowering risks will both save money and disruption to people’s lives.

“We can’t just do what we used to do,” said Xuebin Zhang, a senior climate change scientist at Environment and Climate Change Canada.

“We have to build in management risk … this has to be a new norm.”

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