Gas plant developers fight TrAIL power transmission

By Charleston Gazette


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Developers of two natural gas-fired power plants proposed for Virginia and Maryland are fighting plans to build a $1.3 billion electrical transmission line across Northern West Virginia.

Competitive Power Ventures Inc. argues that its plants would eliminate the need for the 500-kilovolt transmission line to ship more coal-fired power from Appalachia to Washington, D.C., and its growing suburbs.

One of CPVÂ’s projects, CPV Warren LLC, has intervened in a pending West Virginia Public Service Commission review of the Trans-Allegheny Interstate Line, or TrAIL.

CPV Warren proposes to build a 600-megawatt gas-fired plant in Warren County, Va. A sister company proposes a similar 640-megawatt plant in Charles County, Md. Both plants are expected to be in operation by 2011.

Reports from CPV Warren experts, filed with the PSC, conclude the gas-fired plants are a better solution to electrical reliability problems identified by PJM Interconnections, a private organization that maintains the regional power grid.

“If the generation resource cap is in the East, build generation resources, such as CPV Warren, in the East, not a massive transmission line such as the one proposed here to support the delivery of power and energy from existing and proposed generation in the West,” George C. Loehr, a consultant for CPV Warren, said in prepared testimony filed with the PSC.

Debate over CPV WarrenÂ’s arguments was among the issues focused on last week as the PSC began formal evidentiary hearings on the 240-mile transmission line that would carry electricity from western Pennsylvania across West Virginia and into Virginia.

Allegheny Energy wants the PSC to approve the 114 miles of the line that run through West Virginia. TrAIL would enter the state north of Morgantown and run south and east through Monongalia, Preston and Tucker counties to Mount Storm in Grant County. Then it would turn east through Hardy and Hampshire counties before entering Virginia.

Allegheny officials say the line is needed to provide cheap and reliable power to big Eastern cities and their growing suburbs. Aging infrastructure, combined with increasing power demand, could cause rolling blackouts by 2011 that would extend into eastern West Virginia, power company officials say.

The project has drawn intense opposition from hundreds of West Virginians, who fear it will mar scenic views, lower their property values and otherwise damage rural communities.

Among other opponents, the Sierra Club has intervened to fight TrAIL, arguing that increasing coal-fired power would make the climate-change problem worse.

“At a time when the overriding need, nationally and internationally, is to reduce emissions of carbon dioxide the case for any proposed increase must face an overwhelming burden of proof,” the Sierra Club said in a prepared opening statement.

“Such an evidentiary showing could never be sustained where the purported electric objective — increase net supplies of electricity in the target market — can be achieved by available regulatory tools in the target market that will, incidentally, achieve the desired objective and reduce, not increase, carbon dioxide emissions.”

In deciding the case, commissioners must decide whether the power line will “economically, adequately and reliably contribute to meeting the present and anticipated requirements for electric power of the customers served” and whether it is “desirable for present and anticipated reliability of service for electric power for its service area or region.”

The PSC also must decide whether the project “will result in an acceptable balance between reasonable power needs and reasonable environmental factors.”

The PSC already held a series of public-comment periods last year, and set aside 10 days in January — including several Saturday sessions — and four days in February for formal testimony.

A ruling is not expected until late April or early May.

The TrAIL project is the first of two new major transmission lines that the PSC is expected to be asked to approve in West Virginia over the next few years.

American Electric Power wants to build a 765-kilovolt transmission line from the John Amos Power Station near St. Albans to a substation northeast of Martinsburg.

That 250-mile project is part of a $3 billion, 550-mile line that would run to New Jersey. AEP calls that proposal PATH, for Potomac-Appalachian Transmission Highline.

During the opening hearings on TrAIL, CPV Warren lawyer Michael Engleman spent several hours grilling PJM Vice President Steven Herling about his organizationÂ’s backing of the power line.

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Cheap at Last, Batteries Are Making a Solar Dream Come True

Solar Plus Storage is accelerating across utilities and microgrids, pairing rooftop solar with lithium-ion batteries to enhance grid resilience, reduce peak costs, prevent blackouts, and leverage tax credits amid falling prices and decarbonization goals.

 

Key Points

Solar Plus Storage combines solar generation with batteries to shift load, boost reliability, and cut energy costs.

✅ Cuts peak demand charges and enhances blackout resilience

✅ Falling battery and solar costs drive nationwide utility adoption

✅ Enables microgrids and grid services like frequency regulation

 

Todd Karin was prepared when California’s largest utility shut off power to millions of people to avoid the risk of wildfires last month. He’s got rooftop solar panels connected to a single Tesla Powerwall in his rural home near Fairfield, California. “We had backup power the whole time,” Karin says. “We ran the fridge and watched movies.”

Californians worried about an insecure energy future are increasingly looking to this kind of solution. Karin, a 31-year-old postdoctoral fellow at Lawrence Berkeley National Laboratory, spent just under $4,000 for his battery by taking advantage of tax credits. He's also saving money by discharging the battery on weekday evenings, when energy is more expensive during peak demand periods. He expects to save around $1,500 over the 10 years the battery is under warranty.

The economics don’t yet work for every household, but the green-power combo of solar panels plus batteries is popping up on a much bigger scale in some unexpected places. Owners of a rice processing plant in Arkansas are building a system to generate 26 megawatts of solar power and store another 40 MW. The plant will cut its power bill by a third, and owners say they will pass the savings to local rice growers. New York’s JFK Airport is installing solar plus storage to reduce its power load by 10 percent, while Pittsburgh International Airport is building a 20-MW solar and natural gas microgrid to keep it independent from the local utility. Officials at both airports are worried about recent power shutdowns due to weather and overload-related blackouts.

And residents of the tiny northern Missouri town of Green City (pop. 608) are getting 2.5 MW of solar plus four hours of battery storage from the state’s public utility next year. The solar power won’t go directly to townspeople, but instead will back up the town’s substation, reducing the risk of a potential shutdown. It’s part of a $68 million project to improve the reliability of remote substations far from electric generating stations.

“It’s a pretty big deal for us,” says Chad Raley, who manages technology and renewables at Ameren, a Missouri utility that is building three rural solar-plus-storage projects to better manage the flow of electricity across the local grid. “It gives us so much flexibility with renewable generation. We can’t control the sun or clouds or wind, but we can have battery storage.”

The first solar-plus-storage installations started about a decade ago on a small scale in sunny states like California, Hawaii, and Arizona. Now they’re spreading across the country, driven by falling prices of both solar panels and lithium-ion batteries the size of a shipping container imported from both China and South Korea, with wind, solar, and batteries making up most of the utility-scale pipeline nationwide. These countries have ramped up production efficiencies and lowered labor costs, leaving many US manufacturers in the dust. In fact, the price of building a comparable solar-plus-storage generating facility is now cheaper than operating a coal-fired power plant, industry officials say. In certain circumstances, the cost is equal to some natural gas plants.

“This is not just a California, New York, Massachusetts thing,” says Kelly Speakes-Backman, CEO of the Energy Storage Association, an industry group in Washington. She says more than 30 states have renewable storage on the grid. Utilities have proposed and states have approved 7 gigawatts to be installed by 2030, and most new storage will be paired with solar across the US.

Speakes-Backman estimates the unit cost of electricity produced from a solar-plus-storage system will drop 10 to 15 percent each year through 2024, supporting record growth in solar and storage investments. “If you have the option of putting out a polluting or non-polluting generating source at the same price, what are you going to pick?” says Speakes-Backman.

She notes that PJM, a large Mid-Atlantic wholesale grid operator, announced it will deploy battery storage to help smooth out fluctuating power from two wind farms it operates. “When the grid fluctuates, storage can react to it quickly and can level out the supply,” she says. In the Midwest, grid-level battery storage is also being used to absorb extra wind power. Batteries hold onto the wind and put it back onto the grid when people need it.

While the solar-plus-storage trend isn’t yet putting a huge dent in our fossil fuel use, according to Paul Denholm, an energy analyst at the National Renewable Energy Laboratory in Golden, Colorado, it is a good beginning and has the side effect of cutting air pollution. By 2021, solar and other renewable energy sources will overtake coal as a source of energy, and the US is moving toward 30% electricity from wind and solar, according to a new report by the Institute for Energy Economics and Financial Analysis, a nonprofit think tank based in Cleveland.

That’s a glimmer of hope in a somewhat dreary week of news on carbon emissions. A new United Nations report released this week finds that the planet is on track to warm by 3.9 degrees Celsius (7 Fahrenheit) by 2100 unless drastic cuts are made by phasing out gas-powered cars, eliminating new coal-fired power plants, and changing how we grow and manage land, and scientists are working to improve solar and wind power to limit climate change as well.

Energy-related greenhouse gas emissions in the US rose 2.7 percent in 2018 after several years of decline. The Trump administration has rolled back climate policies from the Obama years, including withdrawing from the Paris climate accords.

There may be hope from green power initiatives outside the Beltway, though, and from federal proposals like a tenfold increase in US solar that could remake the electricity system. Arizona plans to boost solar-plus-storage from today’s 6 MW to a whopping 850 MW by 2025, more than the entire capacity of large-scale batteries in the US today. And some folks might be cheering the closing of the West’s biggest coal-fired power plant, the 2.25-gigawatt Navajo Generating Station, in Arizona, which had spewed soot and carbon dioxide over the region for 45 years until last week. The closure might help the planet and clear the hazy smog over the Grand Canyon.

 

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Ontario Providing Support for Industrial and Commercial Electricity Consumers During COVID-19

Ontario Global Adjustment Deferral provides COVID-19 relief to industrial and commercial electricity consumers, holding GA charges at pre-COVID levels, aligning Class A and Class B rates, and deferring non-RPP costs from April to June 2020.

 

Key Points

An emergency measure that defers a portion of GA charges to stabilize electricity bills for non-RPP Class A/B consumers.

✅ Holds GA near pre-COVID levels at $115/MWh for Class B.

✅ Applies equal percentage relief to Class A customers.

✅ Deferred costs recovered over 12 months from Jan 2021.

 

Through an emergency order passed today, the Ontario government is taking steps to defer a portion of Global Adjustment (GA) charges for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan for the period starting from April 2020, at a time when Toronto's growing electricity needs require careful planning. This initiative is intended to provide companies with temporary immediate relief on their monthly electricity bills, as utilities use AI to adapt to shifting electricity demands in April, May and June 2020. The government intends to keep this emergency order in place until May 31, 2020, and subsequent regulatory amendments would, if approved, provide for the deferral of these charges for June 2020 as well.

This relief will prevent a marked increase in Global Adjustment charges due to the low electricity demand caused by the COVID-19 outbreak. Without this emergency order, a small industrial or commercial consumer (i.e., Class B) could have seen bills increase by 15 per cent or more. This emergency order will hold GA rates in line with pre-COVID-19 levels, even as clean energy initiatives in British Columbia accelerate across the sector.

"Ontario's industrial and commercial electricity consumers are being impacted by COVID-19. They employ thousands of hardworking Ontarians, and we know this is a challenging time for them," said Greg Rickford, Minister of Energy, Northern Development and Mines. "This would provide immediate financial support for more than 50,000 companies when they need it most: as they do their part to stop the spread of COVID-19 and as they prepare to help get our economy moving again with Toronto preparing for a surge in electricity demand in the years ahead."

Quick Facts

  • The GA rate for smaller industrial and commercial consumers (i.e., Class B) has been set at $115 per megawatt-hour, which is roughly in line with the March 2020 value, alongside efforts to develop IoT security standards for electricity sector devices today. Large industrial and commercial consumers (i.e., Class A) will receive the same percentage reduction in GA charges as Class B consumers.
  • Subject to the approval of subsequent amendments, deferred costs would be recovered over a 12-month period beginning in January 2021, amid increasing exposure to harsh weather across Canadian grids.

 

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Calgary electricity retailer urges government to scrap overhaul of power market

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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Reliability of power winter supply puts Newfoundland 'at mercy of weather': report

Labrador Island Link Reliability faces scrutiny as Nalcor Energy and General Electric address software issues; Liberty Consulting warns of Holyrood risks, winter outages, grid stability concerns, and PUB oversight for Newfoundland and Labrador.

 

Key Points

It is the expected dependability of the link this winter, currently uncertain due to GE software and Holyrood risks.

✅ GE software delays may hinder reliable in-service by mid-November.

✅ Holyrood performance issues increase winter outage risk.

✅ PUB directs Hydro to plan contingencies and improve assets.

 

An independent consultant is questioning if the brand new Labrador Island link can be counted on to supply power to Newfoundland this coming winter.

In June, Nalcor Energy confirmed it had successfully sent power from Churchill Falls to the Avalon Peninsula through its more than 1500-kilometre link, but now the Liberty Consulting Group says it doesn't expect the link will be up and running consistently this winter.

"What we have learned supports a conclusion that the Labrador Island Link is unlikely to be reliably in commercial operation at the start of the winter," says the report dated Aug. 30, 2018.

The link relies on software provided by General Electric but Liberty says there are lingering questions about GE's ability to ensure the necessary software will be in place this fall.

"At an August meeting, company representatives did not express confidence in GE's ability to meet an in-service date for the Labrador Island Link of mid-November," says the report.

Liberty also says testing the link for a brief period this spring and fall doesn't demonstrate long-term reliability.

"The link will remain prone to the uncertainties any new major facility faces early in its operating life, especially one involving technology new to the operating company," according to the report.

Holyrood trouble

The report goes on to say island residents should also be worried about the reliability of the troubled Holyrood facility — a facility that's important when demand for energy is high during winter months.

Liberty says "poor performance at the Holyrood thermal generating station increases the risk of outages considerably."

The group's report concludes the deteriorating condition of Holyrood is a major threat to the island's power supply and Liberty says that threat "could produce very severe consequences when the Labrador Island Link is unavailable."

The consultant says questions about the Labrador Island Link's readiness combined with concerns about the reliability of Holyrood may mean power outages, and for vulnerable customers, debates over hydro disconnections policies often intensify during winter.

"This all suggests that, for at least part of this winter, the island interconnected system may be at the mercy of the weather, where severe events can test utilities' storm response efforts further."

The consultant's report also includes five recommendations to the PUB, reflecting the kind of focused nuclear alert investigation follow-up seen elsewhere.

In essence, Liberty is calling for the board to direct Newfoundland and Labrador Hydro to make plans for the possibility that the link won't be available this winter. It's also calling on hydro to do more to improve the reliability of its other assets, such as Holyrood, as some operators have even contemplated locking down key staff to maintain operations during crises.

Response to Liberty's report

Nalcor CEO Stan Marshall defended the Crown corporation's winter preparedness in an email statement to CBC.

"The right level of planning and investment has been made for our existing equipment so we can continue to meet all of our customer electricity needs for this coming winter season," he wrote.

Regarding the Labrador Island Link, Marshall called for patience.

"This is new technology for our province and integrating the new transmission assets into our current electricity system is complex work that takes time," he said.

There is also a more detailed response from Newfoundland and Labrador Hydro which was sent to the province's Public Utiltiies Board.

Hydro says it will keep testing the Labrador Island Link and increasing the megawatts that are wheeled through it. It also says in October it will begin to give the PUB regular reports on the link's anticipated in-service date.

 

 

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840 million people have no electricity – World Bank must fund more energy projects

World Bank Energy Policy debates financing for coal, oil, gas, and renewables to fight energy poverty, expand grid reliability, ensure baseload power, and balance climate goals with development finance for affordable, reliable electricity access.

 

Key Points

It outlines the bank's stance on financing fossil fuels and renewables to expand affordable, reliable electricity.

✅ Focus on energy access, baseload reliability, and poverty alleviation

✅ Debate over coal, gas, and renewables in development finance

✅ Geopolitics: China and Russia fill funding gaps, raising risks

 

Why isn’t the World Bank using all available energy resources in its global efforts to fight poverty? That’s the question I’ve asked World Bank President David Malpass. Nearly two years ago, the multilateral development bank decided to stop supporting critical coal, oil and gas projects that help people in developing countries escape poverty.

Along with 11 other senators, and as a member who votes on whether to give U.S. taxpayer dollars to the World Bank, I am pressing the bank to lift these restrictions. Developing countries desperately need access to a steady supply of affordable, reliable clean electricity to support economic growth.

The World Bank has pulled funding for critical electricity projects in poor countries, including high-efficiency power stations that are fueled by coal, even as efforts to revitalize coal communities with clean energy have grown.

Despite Kosovo having the world’s fifth-largest reserves of coal, the bank announced it would only support new energy projects from renewable sources going forward. Kosovo’s Minister of Economic Development Valdrin Lluka responded: “We don’t have the luxury to do such experiments in a poor country such as Kosovo. … It is in our national security interest to secure base energy inside our country.”

The World Bank’s misguided move comes as 840 million people worldwide are living without electricity, including 70 percent of sub-Saharan Africa, and as the fall in global energy investment may lead to shortages.

Even more troubling, nearly 3 billion people in developing countries rely on fuels like wood and other biomass for cooking and home heating, resulting in serious health problems and premature deaths, and the pandemic saw widespread electricity shut-offs that deepened energy insecurity. In 2016, household smoke killed an estimated 2.6 million people.

The World Bank’s mission is to lift people out of poverty. The bank is now compromising that mission in favor of a political agenda targeting certain energy sources.

With the World Bank blocking financing to affordable and reliable energy projects, Russia and China are stepping up their investments in order to gain geopolitical leverage.

President Vladimir Putin is pursuing Russian oil and gas projects in Mozambique, Gabon, and Angola. China’s Belt and Road Initiative is supporting traditional energy resources, with 36 percent of its power projects from 2014 to 2017 involving coal. South Africa had to turn to the China Development Bank to fund its $1.5 billion coal-fired power plant.

There are real risks for countries partnering with China and Russia on these projects. Developing countries are facing what some are calling China’s “debt trap” diplomacy. These nations have also raised concerns over safety compliance, unfair business practices, and labor standards.

As the bank’s largest contributor, the United States has a duty to make sure U.S. taxpayer dollars are used wisely and effectively. Every U.S. dollar at the World Bank should make a difference for people in the developing world.

My colleagues and I have asked the bank to pursue an all-of-the-above energy strategy as it strives to achieve its mission to end extreme poverty and promote shared prosperity. We will take the bank’s response into account during the congressional appropriations process.

The United States is a top global energy producer. And yet Democrats running for president are pursuing anti-energy policies that would hurt not only the United States but the entire world, with implications for U.S. national security as well.

Utilizing our abundant energy resources has fueled an American energy renaissance and a booming U.S. economy, even as disruptions in coal and nuclear have strained the grid, with millions of new jobs and higher wages.

People who are struggling to survive and thrive in developing countries deserve the same opportunity to access affordable and reliable sources of power.

As Microsoft founder and global philanthropist Bill Gates has noted of renewables: "Many people experiencing energy poverty live in areas without access to the kind of grids that are needed to make those technologies cheap and reliable enough to replace fossil fuels."

Ultimately, there is a role for all sources of energy to help countries alleviate poverty and improve the education, health and wellbeing of their people.

The solution to ending energy poverty does not lie in limiting options, but in using all available options. The World Bank must recommit to ending extreme poverty by helping countries use all of the world’s abundant energy resources. Let’s end energy poverty now.

 

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Site C dam could still be cancelled at '11th hour' if First Nations successful in court

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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