Flip-flop on wind outrages industry

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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BC Fossil Fuel Phase-Out outlines a just transition to a green economy, meeting climate targets by mid-century through carbon budgets, ending subsidies for fracking, capping production, and investing in renewable energy, remediation, and resilient infrastructure.

Key Points

A strategic plan to wind down oil and gas, end subsidies, and achieve climate targets with a just transition in BC.

✅ End new leases, phase out subsidies, cap fossil production

✅ Carbon budgets and timelines to meet mid-century climate targets

✅ Just transition: income supports, retraining, site remediation jobs

Politicians in British Columbia aren't focused enough on phasing out fossil fuel industries, a new report says.

The report, authored by the left-leaning Canadian Centre for Policy Alternatives, says the province must move away from fossil fuel industries by mid-century in order to meet its climate targets, with B.C. projected to fall short of 2050 targets according to recent analysis, but adds that the B.C. government is ill prepared to transition to a green economy.

"We are totally moving in the wrong direction," said economist Marc Lee, one of the authors of the report, on The Early Edition Wednesday. 

He said most of the emphasis of B.C. government policy has been on slowing reductions in emissions from transportation or emissions from buildings, even though Canada will need more electricity to hit net-zero according to the IEA, while still subsidizing fossil fuel extraction, such as fracking projects, that Lee said should be phased out.

"What we are putting on the table is politically unthinkable right now," said Lee, adding that last month's provincial budget called for a 26 per cent increased gas production over the next three years, even though electrified LNG facilities could boost demand for clean power.

B.C.'s $830M in fossil fuel subsidies undermines efforts to fight climate crisis, report says
He said B.C. needs to start thinking instead about how its going to wind down its dependence on fossil fuel industries.

'Greener' job transition needed
The report said the provincial government's continued interest in expanding production and exporting fossil fuels, even as Canada's race to net-zero intensifies across the energy sector, suggests little political will to think about a plan to move away from them.

It suggests the threat of major job losses in those industries is contributing to the political inaction, but cited several examples of ways governments can help move workers into greener jobs, as many fossil-fuel workers are ready to support the transition according to recent commentary. 

Lee said early retirement provisions or income replacement for transitioning workers are options to consider.

"We actually have seen a lot of real-world policy around transition starting to happen, including in Alberta, which brought in a whole transition package for coal workers producing coal for electricity generation, and regional cooperation like bridging the electricity gap between Alberta and B.C. could further support reliability," Lee said.

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Lee also said well-paying jobs could be created by, for example, remediating old coal mines and gas wells and building green infrastructure and renewable electricity projects in affected areas.

The report also calls for a moratorium on new fossil fuel leases and ending fossil fuel subsidies, as well as creating carbon budgets and fossil fuel production limits.

"Change is coming," said Lee. "We need to get out ahead of it."

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Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

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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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Jay Grewal Manitoba Hydro Appointment marks the first woman CEO at the Crown utility, amid debt, rate increase plans, privatization debate, and Metis legal challenge, following board turmoil and Premier Pallister's strained relations.

Key Points

The selection of Jay Grewal as Manitoba Hydro's first woman CEO amid debt, rate hikes, and legal disputes.

✅ First woman CEO of Manitoba Hydro

✅ Faces debt, rate hikes, and project overruns

✅ Amid privatization debate and Metis legal action

The Manitoba government has appointed a new president and chief executive officer at its Crown-owned energy utility.

Jay Grewal becomes the first woman to head Manitoba Hydro, and takes over the top spot as the utility faces mounting financial challenges, rising electricity demand and turmoil.

Grewal has previously held senior roles at Capstone Mining Corp and B.C. Hydro, and is currently president of the Northwest Territories Power Corporation.

She will replace outgoing president Kelvin Shepherd, who recently announced he is retiring, on Feb. 4.

The utility was hit by the sudden resignations of nine of its 10 board members in March, who said they had been unable to meet with Premier Brian Pallister to discuss pressing issues like servicing energy-intensive customers facing the utility.

Manitoba Hydro is also in the middle of a battle between the Progressive Conservative government and the Manitoba Metis Federation over the cancellation of two agreements that would have given the Metis $87 million.

The federation has launched a legal challenge over one deal and says its likely going to do the same over the second agreement.

Grewal also takes over the utility at a time when it has racked up billions of dollars in debt building new generating stations and transmission lines. Manitoba Hydro has told the provincial regulatory agency it needs rate increases of nearly eight per cent a year for the next few years to help pay for the projects.

The utility also exports electricity, with deals such as SaskPower's purchase agreement expanding sales to Saskatchewan.

"Ms. Grewal is a proven leader, with extensive senior leadership experience in the utility, resource and consulting sectors," Crown Services Minister Colleen Mayer said in a written statement Thursday.

The Opposition New Democrats said Grewal's appointment is a sign the government wants to privatize Manitoba Hydro. Grewal's time at B.C. Hydro coincided with the privatization of some parts of that Crown utility, the NDP said.

The B.C. premier at the time, Gordon Campbell, was recently hired by Manitoba to review two major projects that ran over-budget and have added to the provincial debt.

NDP Leader Wab Kinew asked Pallister in the legislature Thursday to promise not to privatize Manitoba Hydro. Pallister would only point to a law that requires a referendum to be held before a Crown entity can be sold off.

"We stand by that (law)," Pallister said. "We believe Manitobans are the proper decision-makers in respect of any of the future structuring of Manitoba Hydro."

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Power Grid Attacks surge across substations and transmission lines, straining critical infrastructure as DHS and FBI cite vandalism, domestic extremists, and cybersecurity risks impacting resilience, outages, and grid reliability nationwide.

Key Points

Power Grid Attacks are deliberate strikes on substations and lines to disrupt power and weaken grid reliability.

✅ Physical attacks rose across multiple states and utilities.

✅ DHS and FBI warn of threats to critical infrastructure.

✅ Substation security and grid resilience upgrades urged.

Even before Christmas Day attacks on power substations in five states in the Pacific Northwest and Southeast, similar incidents of attacks, vandalism and suspicious activity were on the rise.

Federal energy reports through August – the most recent available – show an increase in physical attacks at electrical facilities across the nation this year, continuing a trend seen since 2017.

At least 108 human-related events were reported during the first eight months of 2022, compared with 99 in all of 2021 and 97 in 2020. More than a dozen cases of vandalism have been reported since September.

The attacks have prompted a flurry of calls to better protect the nation's power grid, with a renewed focus on protecting the U.S. power grid across sectors, but experts have warned for more than three decades that stepped-up protection was needed.

Attacks on power stations on the rise 
Twice this year, the Department of Homeland Security warned "a heightened threat environment" remains for the nation, including its critical infrastructure amid reports of suspected Russian breaches of power plant systems. 

At least 20 actual physical attacks were reported, compared with six in all of 2021. 
Suspicious-activity reports jumped three years ago, nearly doubling in 2020 to 32 events. In the first eight months of this year, 34 suspicious incidents were reported.
Total human-related incidents – including vandalism, suspicious activity and cyber events such as Russian hackers and U.S. utilities in recent years – are on track to be the highest since the reports started showing such activity in 2011.

Attacks reported in at least 5 states
Since September, attacks or potential attacks have been reported on at least 18 additional substations and one power plant in Florida, Oregon, Washington and the Carolinas. Several involved firearms.

• In Florida: Six "intrusion events" occurred at Duke Energy substations in September, resulting in at least one brief power outage, according to the News Nation television network, which cited a report the utility sent to the Energy Department. Duke Energy spokesperson Ana Gibbs confirmed a related arrest, but the company declined to comment further.
• In Oregon and Washington state: Substations were attacked at least six times in November and December, with firearms used in some cases, local news outlets reported. On Christmas Day, four additional substations were vandalized in Washington State, cutting power to more than 14,000 customers.
• In North Carolina: A substation in Maysville was vandalized on Nov. 11. On Dec. 3, shootings that authorities called a "targeted attack" damaged two power substations in Moore County, leaving tens of thousands without power amid freezing temperatures.
• In South Carolina: Days later, gunfire was reported near a hydropower plant, but police said the shooting was a "random act."

It's not yet clear whether any of the attacks were coordinated. After the North Carolina attacks, a coordinating council between the electric power industry and the federal government ordered a security evaluation.

FBI mum on its investigations
The FBI is looking into some of the attacks, including cyber intrusions where hackers accessed control rooms in past cases, but it hasn't said how many it's investigating or where. 

Shelley Lynch, a spokesperson for the FBI's Charlotte field office, confirmed the bureau was investigating the North Carolina attack. The Kershaw County Sheriff's Office reported the FBI was looking into the South Carolina incident.

Utilities in Oregon and Washington told news outlets they were cooperating with the FBI, but spokespeople for the agency's Seattle and Portland field offices said they couldn't confirm or deny an investigation.

Could domestic extremists be involved?
In January, the Department of Homeland Security said domestic extremists had been developing "credible, specific plans" since at least 2020, including a Neo-Nazi plot against power stations detailed in a federal complaint, and would continue to "encourage physical attacks against electrical infrastructure."

In February, three men who ascribed to white supremacy and Neo-Nazism pleaded guilty to federal crimes related to a scheme to attack the grid with rifles.

In a news release, Timothy Langan, assistant director of the FBI’s Counterterrorism Division, said the defendants "wanted to attack regional power substations and expected the damage would lead to economic distress and civil unrest."

Why is the power grid so hard to protect?
Industry experts, federal officials and others have warned in one report after another since at least 1990 that the power grid was at risk, and a recent grid vulnerability report card highlights dangerous weak points, said Granger Morgan, an engineering professor at Carnegie Mellon University who chaired three National Academies of Sciences reports.

The reports urged state and federal agencies to collaborate to make the system more resilient to attacks and natural disasters such as hurricanes and storms. 

"The system is inherently vulnerable, with the U.S. grid experiencing more blackouts than other developed nations in one study. It's spread all across the countryside," which makes the lines and substations easy targets, Morgan said. The grid includes more than 7,300 power plants, 160,000 miles of high-voltage power lines and 55,000 transmission substations.

One challenge is that there's no single entity whose responsibilities span the entire system, Morgan said. And the risks are only increasing as the grid expands to include renewable energy sources such as solar and wind, he said. 

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