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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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Cabin Creek Solar Project Montana delivers 150 MW of utility-scale solar under a Power Purchase Agreement, with Basin Electric and Clenera supplying renewable energy, enhancing grid reliability, and reducing carbon emissions for 30,000 homes.

Key Points

A 150 MW solar PPA near Baker by Basin Electric and Clenera, delivering reliable renewable power and carbon reduction.

✅ 150 MW across two 75 MW sites near Baker, Montana

✅ PPA supports Basin Electric's diverse, cost-effective portfolio

✅ Cuts 265,000 tons CO2 and powers 30,000 homes

A new solar project in Montana will provide another 150 megawatts (MW) of affordable, renewable power to Basin Electric customers and co-op members across the region.

Basin Electric Power Cooperative (Basin Electric) and Clenera Renewable Energy, announced today the execution of a Power Purchase Agreement (PPA) for the Cabin Creek Solar Project. Cabin Creek is Basin Electric's second solar PPA, and the result of the cooperative's continuing goal of providing a diverse mix of energy sources that are cost-effective for its members.

When completed, Cabin Creek will consist of two, 75-MW projects in southeastern Montana, five miles west of Baker. According to Clenera, the project will eliminate 265,000 tons of carbon dioxide per year and power 30,000 homes, while communities such as the Ermineskin First Nation advance their own generation efforts.

"Renewable technology has advanced dramatically in recent years, with rapid growth in Alberta underscoring broader trends, which means even more affordable power for Basin Electric's customers," said Paul Sukut, CEO and general manager of Basin Electric. "Basin Electric is excited to purchase the output from this project to help serve our members' growing energy needs. Adding solar further promotes our all-of-the-above energy solution as we generate energy using a diverse resource portfolio including coal, natural gas, and other renewable resources to provide reliable, affordable, and environmentally safe generation.

"Clenera is proud to partner with Basin Electric Power Cooperative to support the construction of the Cabin Creek Solar projects in Montana," said Jared McKee, Clenera's director of Business Development. "We truly believe that Basin Electric will be a valuable partner as we aim to deliver today's new era of reliable, battery storage increasingly enabling round-the-clock service, affordable, and clean energy."

"We're pleased that Southeast Electric will be home to the Cabin Creek Solar Project," said Jack Hamblin, manager of Southeast Electric Cooperative, a Basin Electric Class C member headquartered in Ekalaka, Montana. "This project is one more example of cooperatives working together to use economies of scale to add affordable generation for all their members - similar to what was done 70 years ago when cooperatives were first built."

Basin Electric Class A member Upper Missouri Power Cooperative, headquartered in Sidney, Montana, provides wholesale power to Southeast Electric and 10 other distribution cooperatives in western North Dakota and eastern Montana. "It is encouraging to witness the development of cost-competitive energy, including projects in Alberta contracted at lower cost than natural gas that demonstrate market shifts, like the Cabin Creek Solar Project, which will be part of the energy mix we purchase from Basin Electric for our member systems, said Claire Vigesaa, Upper Missouri's general manager. "The energy needs in our region are growing and this project will help us serve both our members, and our communities as a whole."

Cabin Creek will bring significant economic benefits to the local area. According to Clenera, the project will contribute $8 million in property taxes to Fallon County and $5 million for the state of Montana over 35 years. They say it will also create approximately 300 construction jobs and two to three full-time jobs.

"This project underscores the efforts by Montana's electric cooperatives to continue to embrace more carbon-free technology," said Gary Wiens, CEO of Montana Electric Cooperatives' Association. "It also demonstrates Basin Electric's commitment to seek development of renewable energy projects in our state. It's exciting that these two projects combined are 50 times larger than our current largest solar array in Montana."

Cabin Creek is anticipated to begin operations in late 2023.

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Ukraine Electricity Market Price Caps empower the regulator, the National Commission, to set marginal prices on day-ahead, intraday, and balancing markets, stabilize competition, support thermal plants, and sustain the heating season via green tariff obligations.

Key Points

Regulatory limits set by the National Commission to curb price spikes, ensure competition, and secure heat supply.

✅ Sets marginal prices for day-ahead, intraday, balancing markets

✅ Mitigates collusion risks; promotes effective competition

✅ Ensures TPP operation and heat supply during heating season

The Verkhovna Rada, Ukraine's parliament, has adopted at first reading a draft law that proposes giving the National Commission for State Regulation of Energy and Public Utilities the right to set marginal prices in the electricity market, amid EU market revamp plans that aim to reshape pricing, until 2023.

A total of 259 MPs voted for the document at a parliament meeting on Tuesday, November 12, amid electricity import pressures that have tested the grid, according to an Ukrinform correspondent.

Bill No. 2233 introducing amendments to the law on the electricity market provides for the legislative regulation of the mechanism for fulfilling special obligations for the purchase of electricity at a "green" tariff, preventing the uncontrolled growth of electricity prices due to the lack of effective competition, including recent price-fixing allegations that have raised concerns, ensuring heat supply to consumers during the heating period by regulating the issue of the functioning of thermal power plants in the new electricity market.

It is proposed to introduce respective amendments to the law of Ukraine on the electricity market, alongside steps toward synchronization with ENTSO-E to enhance system stability.

In particular, the draft law gives the regulator the right for the period until July 1, 2023 to set marginal prices on the day-ahead market, the intraday market and the balancing market for each trade zone, reflecting similar EU fixed-price contract initiatives being discussed, and to decide on the obligation for producers to submit proposals (applications) for the sale of electricity on the day-ahead market.

Lawmakers think that the adoption of the bill and empowering the regulator to set marginal prices in the relevant segments of the electricity market will prevent, even as rolling back prices in Europe remains difficult for policymakers, "an uncontrolled increase in electricity prices due to the lack of effective competition or collusion between market players, as well as regulate the issue of the functioning of thermal power plants during the autumn and winter period, which is a necessary prerequisite for providing heat to consumers during the heating period."

The new model of the electricity market was launched on July 1 as the UK weighs decoupling gas and power prices to shield consumers, in accordance with the provisions of the law on the electricity market, adopted in 2017.

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NT Power OEB Compliance Penalty highlights a $75,000 fine for improper disconnection notices, 14-day rule violations, process oversight failures, refunds, LEAP support, and corrective training to strengthen consumer protection and regulatory adherence in Ontario areas.

Key Points

A $75,000 OEB fine to NT Power for improper disconnection notices; refunds, LEAP support, and improved compliance.

✅ $75k administrative monetary penalty; $25k LEAP donation; refunds

✅ 870 notices misdated; 14-day rule training implemented

✅ 10 disconnects reconnected; $100 goodwill credits

The Ontario Energy Board recently ruled against Newmarket-Tay Power Distribution Ltd. (NT Power), fining them $75,000 for failing to issue timely disconnection notices to 870 customers between April and August 2022. These notices did not comply with the Ontario Energy Board's distribution system code, similar to standards reaffirmed in the OEB decision on Hydro One rates earlier this year, which mandates a minimum 14-day notice period before disconnection.

Out of the affected customers, ten had their electricity services disconnected, and six were additionally charged reconnection fees. However, NT Power has since reconnected all disconnected customers and refunded the reconnection fees, as confirmed by the Ontario Energy Board.

In response to these issues, NT Power has voluntarily accepted an assurance of compliance. This agreement stipulates that NT Power will pay a $75,000 administrative monetary penalty. Furthermore, they will make an additional payment of $25,000 to the Salvation Army's Northridge Community Church, which administers the Low-income Energy Assistance Program (LEAP) within NT Power's service area, aligning with broader efforts to reduce costs for industry highlighted by Canadian Manufacturers & Exporters recently, according to the association.

This is not the first time NT Power has faced compliance issues in this regard. The utility company admitted that this incident marks the second instance in three years where they failed to adhere to their disconnection-related obligations as outlined in the code, and sector governance debates, including the Manitoba Hydro board debate, underscore how oversight remains a national focus.

In a statement to NewmarketToday, NT Power acknowledged a similar issue three years ago when they were alerted to problems with their disconnection process. They promptly made adjustments to align their in-house procedures with the requirements of the Ontario Energy Board. Unfortunately, they neglected to implement a secondary check, leading to disconnect notices being dated a few days too early.

Alex Braletic, NT Power's Vice President of Engineering and Operation, clarified that no customers were actually disconnected prematurely, and debates over paying for electricity in India illustrate how enforcement challenges differ globally, but the issued letters contained inaccuracies. He added that NT Power has since instituted additional verification procedures to prevent such errors from occurring again.

The Ontario Energy Board emphasized that NT Power has assured them that corrective measures have been taken to ensure that their staff involved in the disconnection process receive proper training and management oversight, and recent market reactions such as Hydro One shares falling after leadership changes underscore the importance of strong governance to guarantee compliance with regulatory requirements.

Brian Hewson, Vice President of Consumer Protection and Industry Performance at the Ontario Energy Board, stated, referencing earlier Ontario rate reductions for businesses that complemented consumer protections, "As a result of the actions we have taken and NT Power’s assurance that it is aware of its obligations and has taken steps to improve its processes, consumers will be better protected."

Braletic encouraged NT Power's customers who are facing difficulties paying their electricity bills to reach out to their customer service department or visit their website. He emphasized that various programs and services are available to provide relief for bills, and amid ongoing Toronto Hydro impersonation scams customers should contact NT Power directly. NT Power is committed to collaborating with customers proactively and connecting them with assistance to avoid serving them with disconnection notices.

Furthermore, NT Power plans to send a letter to the ten affected customers and provide each of them with a $100 bill credit as a goodwill gesture.

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UK Energy Price Cap Cut 2024 signals relief as wholesale gas prices fall; Ofgem price cap drops per Cornwall Insight, aided by LNG supply, mild winter, despite Red Sea tensions and Ukraine conflict impacts.

Key Points

A forecast cut to Great Britain's Ofgem price cap as wholesale gas falls, easing typical annual household bills in 2024.

✅ Cap falls from £1,928 to £1,620 in April 2024

✅ Forecast £1,497 in July, then about £1,541 from October

✅ Drivers: lower wholesale gas, LNG supply, mild winter

Households in Great Britain are set to experience a significant reduction in energy costs this spring, with bills projected to drop by over £300 annually. This decrease is primarily due to a decline in wholesale gas prices, offering some respite to those grappling with the cost of living crisis.

Cornwall Insight, a well-regarded industry analyst, predicts a 16% reduction in average bills from the previous quarter, potentially reaching the lowest levels since the onset of the Ukraine conflict.

The industry’s price cap, indicative of the average annual bill for a typical household, is expected to decrease from the current £1,928, set earlier this month, to £1,620 in April – a reduction of £308 and £40 less than previously forecasted in December, as ministers consider ending the gas-electricity price link to improve market resilience.

Concerns about escalating tensions in the Red Sea, where Houthi rebels have disrupted global shipping, initially led analysts to fear an increase in wholesale oil prices and subsequent impact on household energy costs.

Contrary to these concerns, oil prices have remained relatively stable, and European gas reserves have been higher than anticipated during a mild winter, with European gas prices returning to pre-Ukraine war levels since November.

Cornwall Insight anticipates that energy prices will continue to be comparatively low through 2024. They predict a further decline to £1,497 for a typical annual bill from July, followed by a slight increase to £1,541 starting in October.

This forecast is a welcome development for Britons who have been dealing with increased expenses across various sectors, from food to utilities, amidst persistently high inflation rates, with energy-driven EU inflation hitting lower-income households hardest across member states.

Energy bills saw a steep rise in 2021, which escalated further due to the Ukraine conflict in 2022, driving up wholesale gas prices. This surge prompted government intervention to subsidize bills, with the UK price cap estimated to cost around £89bn to the public purse, capping costs to a typical household at £2,500.

Cornwall Insight noted that the supply of liquified natural gas to Europe had not been as adversely affected by the Red Sea disruptions as initially feared. Moreover, the UK has been well-supplied with gas from the US, which has become a more significant supplier since the Ukraine war, even as US electricity prices have risen to multi-decade highs. Contributing factors also include lower gas prices in Asia, mild weather, and robust gas availability.

Craig Lowrey, a principal consultant at Cornwall Insight, remarked that concerns about Red Sea events driving up energy prices have not materialized, allowing households to expect a reduction in prices.

On Monday, the next-month wholesale gas price dropped by 4% to 65p a therm.

However, Lowrey cautioned that a complete return to pre-crisis energy bill levels remains unlikely due to ongoing market impacts from shifting away from Russian energy sources and persistent geopolitical tensions, as well as policy changes such as Britain’s Energy Security Bill shaping market reforms.

Richard Neudegg, director of regulation at Uswitch, welcomed the potential further reduction of the price cap in April. However, he pointed out that this offers little solace to households currently struggling with high winter energy costs during the winter. Neudegg urged Ofgem, the energy regulator, to prompt suppliers to reintroduce more competitive and affordable fixed-price deals.

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Electricity Grid Flow Prediction leverages big data, machine learning, and weather analytics to forecast power flows across smart grids, enhancing reliability, reducing blackouts and curtailment, and optimizing renewable integration under EU Horizon 2020 innovation.

Key Points

Short-term forecasting of power flows using big data, weather inputs, and machine learning to stabilize smart grids.

✅ Uses big data, weather, and ML for 6-hour forecasts

✅ Improves reliability, cuts blackouts and energy waste

✅ Supports smart grids, renewables, and grid balancing

Three European prediction specialists have won prizes worth €2 million for developing the most accurate predictions of electricity flow through a grid

The three winners of the Big Data Technologies Horizon Prize received their awards at a ceremony on 12th November in Austria.

The first prize of €1.2 million went to Professor José Vilar from Spain, while Belgians Sofie Verrewaere and Yann-Aël Le Borgne came in joint second place and won €400,000 each.

The challenge was open to individuals groups and organisations from countries taking part in the EU’s research and innovation programme, Horizon 2020.

Carlos Moedas, Commissioner for Research, Science and Innovation, said: “Energy is one of the crucial sectors that are being transformed by the digital grid worldwide.

“This Prize is a good example of how we support a positive transformation through the EU’s research and innovation programme, Horizon 2020.

“For the future, we have designed our next programme, Horizon Europe, to put even more emphasis on the merger of the physical and digital worlds across sectors such as energy, transport and health.”

The challenge for the applicants was to create AI-driven software that could predict the likely flow of electricity through a grid taking into account a number of factors including the weather and the generation source (i.e. wind turbines, solar cells, etc).

Using a large quantity of data from electricity grids, EU smart meters, combined with additional data such as weather conditions, applicants had to develop software that could predict the flow of energy through the grid over a six-hour period.

Commissioner for Digital Economy and Society Mariya Gabriel said: “The wide range of possible applications of these winning submissions could bring tangible benefits to all European citizens, including efforts to tackle climate change with machine learning across sectors.”

The decision to focus on energy grids for this particular prize was driven by a clear market need, including expanding HVDC technology capabilities.

Today’s energy is produced at millions of interconnected and dispersed unpredictable sites such as wind turbines, solar cells, etc., so it is harder to ensure that electricity supply matches the demand at all times.

This complexity means that huge amounts of data are produced at the energy generation sites, in the grid and at the place where the energy is consumed.

Being able to make accurate, short-term predictions about power grid traffic is therefore vital to reduce the risks of blackouts or, by enabling utilities to use AI for energy savings, limit waste of energy.

Reliable predictions can also be used in fields such as biology and healthcare. The predictions can help to diagnose and cure diseases as well as to allocate resources where they are most needed.

Ultimately, the winning ideas are set to be picked up by the energy sector in the hopes of creating smarter electricity infrastructure, more economic and more reliable power grids.

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