Veridian raises over $35,000 for United Way

By Canada News Wire


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Veridian employees have raised over $35,000 as part of the company's 2010 fund-raising campaign for the United Way.

Since Veridian's inception in 1999, almost $366,000 has been raised for the United Way - a testament to the company's commitment to helping those in need and building strong communities.

Diana Hills-Milligan, Veridian's United Way Campaign Coordinator, praised employees for another successful United Way fund-raising campaign, and for their support of individuals and families in the communities served by Veridian that are in need of assistance. "I'm very proud of the financial assistance that we continue to provide to the communities that we serve," said Hills-Milligan. "We're making a real difference to the lives of people who rely on the local agencies funded by the United Way."

Veridian's United Way fund-raising campaign was generously supported by employee contributions and various fund-raising events held at the company's offices. In addition to the company's annual budget for community building, education and hospitals, Veridian and its employees donate without hesitation to many worthwhile causes and community organizations like the United Way.

Customer Connections Representative Liz Justice played an integral role in the company's fund-raising efforts and commented on her colleagues support, saying, "a common thread among Veridian employees is our commitment to corporate social responsibility. The United Way fund-raising campaign is just one way Veridian is making our communities better."

Michael Angemeer, Veridian's President and CEO, echoed Hills-Milligan's congratulatory message and pointed to the payroll deduction program as a major contributor to the campaign's success. "We have a great team of employees who are passionate about giving back to the communities we serve, and I'm always taken aback by their generosity," commented Angemeer.

"I was particularly impressed to learn that almost 50 per cent of our employees signed-up for the payroll deduction program. For a company with just over 200 employees, Veridian made a valuable contribution to the United Way in 2010."

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For Hydro-Québec, selling to the United States means reinventing itself

Hydro-Quebec hydropower exports deliver low-carbon electricity to New England, sparking debate on greenhouse gas accounting, grid attributes, and REC-style certificates as Quebec modernizes monitoring to verify emissions, integrate renewables, and meet ambitious climate targets.

 

Key Points

Low-carbon electricity to New England, with improved emissions tracking and verifiable grid attributes.

✅ Deep, narrow reservoirs cut lifecycle GHGs in cold boreal waters

✅ Attribute certificates trace source, type, and carbon intensity

✅ Contracts require facility-level tagging for compliance

 

For 40 years, through the most vicious interprovincial battles, even as proposals for bridging the Alberta-B.C. gap aimed to improve grid resilience, Canadians could agree on one way Quebec is undeniably superior to the rest of the country.

It’s hydropower, and specifically the mammoth dam system in Northern Quebec that has been paying dividends since it was first built in the 70s. “Quebec continues to boast North America’s lowest electricity prices,” was last year’s business-as-usual update in one trade publication, even as Newfoundland's rate strategy seeks relief for consumers.

With climate crisis looming, that long-ago decision earns even more envy and reflects Canada's electricity progress across the grid today. Not only do they pay less, but Quebeckers also emit the least carbon per capita of any province.

It may surprise most Canadians, then, to hear how most of New England has reacted to the idea of being able to buy permanently into Quebec’s power grid.

​​​​​​Hydro-Québec’s efforts to strike major export deals have been rebuffed in the U.S., by environmentalists more than anyone. They question everything about Quebec hydropower, including asking “is it really low-carbon?”

These doubts may sound nonsensical to regular Quebeckers. But airing them has, in fact, pushed Hydro-Québec to learn more about itself and adopt new technology.

We know far more about hydropower than we knew 40 years ago, including whether it’s really zero-emission (it’s not), how to make it as close to zero-emission as possible, and how to account for it as precisely as new clean energies like solar and wind, underscoring how cleaning up Canada's electricity is vital to meeting climate pledges.

The export deals haven’t gone through yet, but they’ve already helped drag Hydro-Québec—roughly the fourth-biggest hydropower system on the planet—into the climate era.

Fighting to export
One of the first signs of trouble for Quebec hydro was in New Hampshire, almost 10 years ago. People there began pasting protest signs on their barns and buildings. One citizens’ group accused Hydro of planning a “monstrous extension cord” across the state.

Similar accusations have since come from Maine, Massachusetts and New York.

The criticism isn’t coming from state governments, which mostly want a more permanent relationship with Hydro-Québec. They already rely on Quebec power, but in a piecemeal way, topping up their own power grid when needed (with the exception of Vermont, which has a small permanent contract for Quebec hydropower).

Last year, Quebec provided about 15 percent of New England’s total power, plus another substantial amount to New York, which is officially not considered to be part of New England, and has its own energy market separate from the New England grid.

Now, northeastern states need an energy lynch pin, rather than a top-up, with existing power plants nearing the end of their lifespans. In Massachusetts, for example, one major nuclear plant shut down this year and another will be retired in 2021. State authorities want a hydro-based energy plan that would send $10 billion to Hydro-Québec over 20 years.

New England has some of North America’s most ambitious climate goals, with every state in the region pledging to cut emissions by at least 80 percent over the next 30 years.

What’s the downside? Ask the citizens’ groups and nonprofits that have written countless op-eds, organized petitions and staged protests. They argue that hydropower isn’t as clean as cutting-edge clean energy such as solar and wind power, and that Hydro-Québec isn’t trying hard enough to integrate itself into the most innovative carbon-counting energy system. Right as these other energy sources finally become viable, they say, it’s a step backwards to commit to hydro.

As Hydro-Québec will point out, many of these critics are legitimate nonprofits, but others may have questionable connections. The Portland Press Herald in Maine reported in September 2018 that a supposedly grassroot citizens’ group called “Stand Up For Maine” was actually funded by the New England Power Generators Association, which is based in Boston and represents such power plant owners as Calpine Corp., Vistra Energy and NextEra Energy.

But in the end, that may not matter. Arguably the biggest motivator to strike these deals comes not from New England’s needs, but from within Quebec. The province has spent more than $10 billion in the last 15 years to expand its dam and reservoir system, and in order to stay financially healthy, it needs to double its revenue in the next 10 years—a plan that relies largely on exports.

With so much at stake, it has spent the last decade trying to prove it can be an energy of the future.

“Learning as you go”
American critics, justified or not, have been forcing advances at Hydro for a long time.

When the famously huge northern Quebec hydro dams were built at James Bay—construction began in the early 1970s—the logic was purely economic. The term “climate change” didn’t exist. The province didn’t even have an environment department.

The only reason Quebec scientists started trying to measure carbon emissions from hydro reservoirs was “basically because of the U.S.,” said Alain Tremblay, a senior environmental advisor at Hydro Quebec.


Alain Tremblay, senior environmental advisor at Hydro-Québec. Photograph courtesy of Hydro-Québec
In the early 1990s, Hydro began to export power to the U.S., and “because we were a good company in terms of cost and efficiency, some Americans didn't like that,” he said—mainly competitors, though he couldn’t say specifically who. “They said our reservoirs were emitting a lot of greenhouse gases.”

The detractors had no research to back up that claim, but Hydro-Québec had none to refute it, either, said Tremblay. “At that time we didn’t have any information, but from back-of-the envelope calculations, it was impossible to have the emissions the Americans were expecting we have.”

So research began, first to design methods to take the measurements, and then to carry them out. Hydro began a five-year project with a Quebec university.

It took about 10 years to develop a solid methodology, Tremblay said, with “a lot of error and learning-as-you-go.” There have been major strides since then.

“Twenty years ago we were taking a sample of water, bringing it back to the lab and analyzing that with what we call a gas chromatograph,” said Tremblay. “Now, we have an automated system that can measure directly in the water,” reading concentrations of CO2 and methane every three hours and sending its data to a processing centre.

The tools Hydro-Québec uses are built in California. Researchers around the world now follow the same standard methods.

At this point, it’s common knowledge that hydropower does emit greenhouse gases. Experts know these emissions are much higher than previously thought.

Workers on the Eastmain-1 project environmental monitoring program. Photography courtesy of Alain Tremblay.
​But Hydro-Québec now has the evidence, also, to rebut the original accusations from the early 1990s and many similar ones today.

“All our research from Université Laval [found] that it’s about a thousand years before trees decompose in cold Canadian waters,” said Tremblay.

Hydro reservoirs emit greenhouse gases because vegetation and sometimes other biological materials, like soil runoff, decay under the surface.

But that decay depends partly on the warmth of the water. In tropical regions, including the southern U.S., hydro dams can have very high emissions. But in boreal zones like northern Quebec (or Manitoba, Labrador and most other Canadian locations with massive hydro dams), the cold, well-oxygenated water vastly slows the process.

Hydro emissions have “a huge range,” said Laura Scherer, an industrial ecology professor at Leiden University in the Netherlands who led a study of almost 1,500 hydro dams around the world.

“It can be as low as other renewable energy sources, but it can also be as high as fossil fuel energy,” in rare cases, she said.

While her study found that climate was important, the single biggest factor was “sizing and design” of each dam, and specifically its shape, she said. Ideally, hydro dams should be deep and narrow to minimize surface area, perhaps using a natural valley.

Hydro-Québec’s first generation of dams, the ones around James Bay, were built the opposite way—they’re wide and shallow, infamously flooding giant tracts of land.


Alain Tremblay, senior environmental advisor at Hydro-Québec testing emission levels. Photography courtesy of Alain Tremblay
Newly built ones take that new information into account, said Tremblay. Its most recent project is the Romaine River complex, which will eventually include four reservoirs near Quebec’s northeastern border with Labrador. Construction began in 2016.

The site was picked partly for its topography, said Tremblay.

“It’s a valley-type reservoir, so large volume, small surface area, and because of that there’s a pretty limited amount of vegetation that’s going to be flooded,” he said.

There’s a dramatic emissions difference with the project built just before that, commissioned in 2006. Called Eastmain, it’s built near James Bay.

“The preliminary results indicate with the same amount of energy generated [by Romaine] as with Eastmain, you’re going to have about 10 times less emissions,” said Tremblay.

Tracing energy to its source
These signs of progress likely won’t satisfy the critics, who have publicly argued back and forth with Hydro about exactly how emissions should be tallied up.

But Hydro-Québec also faces a different kind of growing gap when it comes to accounting publicly for its product. In the New England energy market, a sophisticated system “tags” all the energy in order to delineate exactly how much comes from which source—nuclear, wind, solar, and others—and allows buyers to single out clean power, or at least the bragging rights to say they bought only clean power.

Really, of course, it’s all the same mix of energy—you can’t pick what you consume. But creating certificates prevents energy producers from, in worst-case scenarios, being able to launder regular power through their clean-power facilities. Wind farms, for example, can’t oversell what their own turbines have produced.

What started out as a fraud prevention tool has “evolved to make it possible to also track carbon emissions,” said Deborah Donovan, Massachusetts director at the Acadia Center, a climate-focused nonprofit.

But Hydro-Québec isn’t doing enough to integrate itself into this system, she says.

It’s “the tool that all of our regulators in New England rely on when we are confirming to ourselves that we’ve met our clean energy and our carbon goals. And…New York has a tool just like that,” said Donovan. “There isn’t a tracking system in Canada that’s comparable, though provinces like Nova Scotia are tapping the Western Climate Initiative for technical support.”

Hydro Quebec Chénier-Vignan transmission line crossing the Outaouais river. Photography courtesy of Hydro-Québec
Developing this system is more a question of Canadian climate policy than technology.

Energy companies have long had the same basic tracking device—a meter, said Tanya Bodell, a consultant and expert in New England’s energy market. But in New England, on top of measuring “every time there’s a physical flow of electricity” from a given source, said Bodell, a meter “generates an attribute or a GIS certificate,” which certifies exactly where it’s from. The certificate can show the owner, the location, type of power and its average emissions.

Since 2006, Hydro-Québec has had the ability to attach the same certificates to its exports, and it sometimes does.

“It could be wind farm generation, even large hydro these days—we can do it,” said Louis Guilbault, who works in regulatory affairs at Hydro-Québec. For Quebec-produced wind energy, for example, “I can trade those to whoever’s willing to buy it,” he said.

But, despite having the ability, he also has the choice not to attach a detailed code—which Hydro doesn’t do for most of its hydropower—and to have it counted instead under the generic term of “system mix.”

Once that hydropower hits the New England market, the administrators there have their own way of packaging it. The market perhaps “tries to determine emissions, GHG content,” Guilbault said. “They have their own rules; they do their own calculations.”

This is the crux of what bothers people like Donovan and Bodell. Hydro-Québec is fully meeting its contractual obligations, since it’s not required to attach a code to every export. But the critics wish it would, whether by future obligation or on its own volition.

Quebec wants it both ways, Donovan argued; it wants the benefits of selling low-emission energy without joining the New England system of checks and balances.

“We could just buy undifferentiated power and be done with it, but we want carbon-free power,” Donovan said. “We’re buying it because of its carbon content—that’s the reason.”

Still, the requirements are slowly increasing. Under Hydro-Québec’s future contract with Massachusetts (which still has several regulatory steps to go through before it’s approved) it’s asked to sell the power’s attributes, not just the power itself. That means that, at least on paper, Massachusetts wants to be able to trace the energy back to a single location in Quebec.

“It’s part of the contract we just signed with them,” said Guilbault. “We’re going to deliver those attributes. I’m going to select a specific hydro facility, put the number in...and transfer that to the buyers.”

Hydro-Québec says it’s voluntarily increasing its accounting in other ways. “Even though this is not strictly required,” said spokeswoman Lynn St. Laurent, Hydro is tracking its entire output with a continent-wide registry, the North American Renewables Registry.

That registry is separate from New England’s, so as far as Bodell is concerned, the measure doesn’t really help. But she and others also expect the entire tracking system to grow and mature, perhaps integrating into one. If it had been created today, in fact, rather than in the 1990s, maybe it would use blockchain technology rather than a varied set of administrators, she said.

Counting emissions through tracking still has a long way to go, as well, said Donovan, and it will increasingly matter in Canada's race to net-zero as standards tighten. For example, natural gas is assigned an emissions number that’s meant to reflect the emissions when it’s consumed. But “we do not take into account what the upstream carbon emissions are through the pipeline leakage, methane releases during fracking, any of that,” she said.

Now that the search for exactitude has begun, Hydro-Québec won’t be exempt, whether or not Quebeckers share that curiosity. “We don’t know what Hydro-Québec is doing on the other side of the border,” said Donovan.

 

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BC announces grid development, job creation

BC Hydro Power Pathway accelerates electrification with clean energy investments, new transmission lines, upgraded substations, and renewable projects like wind and solar, strengthening the grid, supporting decarbonization, and creating jobs across British Columbia's growing economy.

 

Key Points

A $36B, 10-year BC Hydro plan to expand clean power infrastructure, accelerate electrification, and support jobs.

✅ $36B for new lines, substations, dam upgrades, and distribution

✅ Supports 10,500-12,500 jobs per year across B.C.

✅ Adds wind and solar, leveraging hydro to balance renewables

 

BC Hydro is gearing up for a decade of extensive construction to enhance British Columbia's electrical system, supporting a burgeoning clean economy and community growth while generating new employment opportunities.

Premier David Eby emphasized the necessity of expanding the electrical system for industrial growth, residential needs, and future advancements. He highlighted the role of clean, affordable energy in reducing pollution, securing well-paying jobs, and fostering economic growth.

At the B.C. Natural Resources Forum in Prince George, Premier Eby unveiled a $36-billion investment plan for infrastructure projects in communities and regions and green energy solutions to provide clean, affordable electricity for future generations.

The Power Pathway: Building BC’s Energy Future, BC Hydro’s revised 10-year capital plan, involves nearly $36 billion in investments across the province from 2024-25 to 2033-34. This marks a 50% increase from the previous plan of $24 billion and includes a substantial rise in electrification and emissions-reduction projects (nearly $10 billion, up from $1 billion).

These upcoming construction projects are expected to support approximately 10,500 to 12,500 jobs annually. The plan is set to bolster and sustain BC Hydro’s capital investments as significant projects like Site C are near completion.

The plan addresses the increasing demand for electricity due to population and housing growth, industrial development, such as a major hydrogen project, and the transition from fossil fuels to clean electricity. Key projects include constructing new high-voltage transmission lines from Prince George to Terrace, building or expanding substations in high-growth areas, and upgrading dams and generating facilities for enhanced safety and efficiency.

Minister of Energy, Mines, and Low Carbon Innovation Josie Osborne stated that this plan aims to build a clean energy future and support EV charging expansion while creating construction jobs. With BC Hydro’s capital plan allocating almost $4 billion annually for the next decade, it will drive economic growth and ensure access to clean, affordable electricity.

BC Hydro aims to add new clean, renewable energy sources like wind and solar, while acknowledging power supply challenges that must be managed as capacity grows. B.C.’s hydroelectric dams, functioning as batteries, enable the integration of intermittent renewables into the grid, providing reliable backup.

Chris O’Riley, president and CEO of BC Hydro, said the grid is one of the world’s cleanest. The new $36 billion capital plan encompasses investments in generation assets, large transmission infrastructure, and local distribution networks.

In partnership with BC Hydro, Premier Eby also announced a new streamlined approval process to expedite electrification for high-demand industries and support job creation, complementing measures like the BC Hydro rebate and B.C. Affordability Credit that help households.

Minister of Environment and Climate Change Strategy George Heyman highlighted the importance of rapid electrification in collaboration with the private sector to achieve CleanBC climate goals by 2030, including corridor charging via the BC's Electric Highway, and maintain the competitiveness of B.C. industries. The new process will streamline approvals for industrial electrification projects, enhancing efficiency and funding certainty.

 

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ETP 2017 maps major transformations in energy technologies

Global Energy Electrification drives IEA targets as smart grids, storage, EVs, and demand-side management scale. Paris Agreement-aligned policies and innovation accelerate decarbonization, enabling flexible, low-carbon power systems and net-zero pathways by 2060.

 

Key Points

A shift to electricity across sectors via smart grids, storage, EVs, and policy to cut CO2 and improve energy security.

✅ Smart grids, storage, DSM enable flexible, resilient power.

✅ Aligns with IEA pathways and Paris Agreement goals.

✅ Drives EV adoption, building efficiency, and net-zero by 2060.

 

The global energy system is changing, with European electricity market trends highlighting rapid shifts. More people are connecting to the grid as living standards improve around the world. Demand for consumer appliances and electronic devices is rising. New and innovative transportation technologies, such as electric vehicles and autonomous cars are also boosting power demand.

The International Energy Agency's latest report on energy technologies outlines how these and other trends as well as technological advances play out in the next four decades to reshape the global energy sector.

Energy Technology Perspectives 2017 (ETP) highlights that decisive policy actions and market signals will be needed to drive technological development and benefit from higher electrification around the world. Investments in stronger and smarter infrastructure, including transmission capacity, storage capacity and demand side management technologies such as demand response programs are necessary to build efficient, low-carbon, integrated, flexible and robust energy system. 

Still, current government policies are not sufficient to achieve long-term global climate goals, according to the IEA analysis, and warnings about falling global energy investment suggest potential supply risks as well. Only 3 out of 26 assessed technologies remain “on track” to meet climate objectives, according to the ETP’s Tracking Clean Energy Progress report. Where policies have provided clean signals, progress has been substantial. However, many technology areas suffer from inadequate policy support. 

"As costs decline, we will need a sustained focus on all energy technologies to reach long-term climate targets," said IEA Executive Director Dr Fatih Birol. "Some are progressing, but too few are on track, and this puts pressure on others. It is important to remember that speeding the rate of technological progress can help strengthen economies, boost energy security while also improving energy sustainability."

ETP 2017’s base case scenario, known as the Reference Technology Scenario (RTS), takes into account existing energy and climate commitments, including those made under the Paris Agreement. Another scenario, called 2DS, shows a pathway to limit the rise of global temperature to 2ºC, and finds the global power sector could reach net-zero CO2 emissions by 2060.

A second decarbonisation scenario explores how much available technologies and those in the innovation pipeline could be pushed to put the energy sector on a trajectory beyond 2DS. It shows how the energy sector could become carbon neutral by 2060 if known technology innovations were pushed to the limit. But to do so would require an unprecedented level of policy action and effort from all stakeholders.

Looking at specific sectors, ETP 2017 finds that buildings could play a major role in supporting the energy system transformation. High-efficiency lighting, cooling and appliances could save nearly three-quarters of today’s global electricity demand between now and 2030 if deployed quickly. Doing so would allow a greater electrification of the energy system that would not add burdens on the system. In the transportation system, electrification also emerges as a major low-carbon pathway, with clean grids and batteries becoming key areas to watch in deployment.

The report finds that regardless of the pathway chosen, policies to support energy technology innovation at all stages, from research to full deployment, alongside evolving utility trends that operators need to watch, will be critical to reap energy security, environmental and economic benefits of energy system transformations. It also suggests that the most important challenge for energy policy makers will be to move away from a siloed perspective towards one that enables systems integration.

 

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Alberta shift from coal to cleaner energy

Alberta Coal-to-Gas Transition will retire coal units, convert plants to natural gas, boost renewables, and affect electricity prices, with policy tools like a price cap and carbon tax shaping the power market.

 

Key Points

Shift retiring coal units and converting to natural gas and renewables, targeting coal elimination by 2030.

✅ TransAlta retires Sundance coal unit; more units convert to gas.

✅ Forward prices seen near $40 to low $50/MWh in 2018.

✅ 6.8-cent cap shields consumers; carbon tax backstops costs.

 

The turn of the calendar to 2018 saw TransAlta retire one of its coal power generating units at its Sundance plant west of Edmonton and mothball another as it begins the transition to cleaner sources of energy across Alberta.

The company will say goodbye to three more units over the next year and a half to prepare them for conversion to natural gas.

This is part of a fundamental shift in Alberta, which will see coal power retired ahead of schedule by 2030, replaced by a mix of natural gas and renewable sources.

“We’re going to see that transition continue right up from now until 2030, and likely beyond 2030 as wind generation starts to outpace coal and new technologies become available.”

Coal has long been the backbone of Alberta’s grid, currently providing nearly 40 per cent of the provinces power. Analysts believe removing it will come with a cost to consumers, according to a report on coal phase-out costs published recently.

“The open question over the next couple of years is whether they’re going to inch up gradually, or whether they’re going to inch up like they did in 2012 and 2013, by having periods of very high power prices.”

Albertans are currently paying historically low power prices, with generation costs last year averaging below $23/MWh, less than half of the average of the past 10 years.

A report released in mid-December by electricity consultant firm EDC Associates showed forward prices moving from the $40/MWh in the first three months of 2018, to the low $50/MWh range.

“The forwards tend to take several weeks to fully react to announcements, so its anticipated that prices will continue to gradually track upwards over the coming weeks,” the report reads.

The NDP government has taken steps to protect consumers against price surges. Last spring, a price cap of 6.8 cents/MWh was put in place until the spring of 2021, with any cost above that to be covered by carbon tax revenue.

 

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Edmonton's 1st electric bus hits city streets

Edmonton Electric Buses usher in zero-emission public transit with Proterra battery-electric vehicles, 350 km range, quiet rides, winter-ready performance, and overhead depot chargers, as ETS rolls out Canada's largest electric fleet across city routes.

 

Key Points

Battery-electric ETS vehicles from Proterra deliver zero-emission service, 350 km range, and winter-capable operation.

✅ Up to 350 km per charge; overhead depot fast chargers

✅ Quiet, smooth rides; zero tailpipe emissions

✅ Winter-tested performance across ETS routes

 

Your next trip on Edmonton transit could be a historical one as the city’s first battery-electric bus is now on city streets, marking a milestone for Edmonton Transit Service, and neighboring St. Albert has also introduced electric buses as part of regional goals.

“Transit has been around since 1908 in Edmonton. We had some really small buses, we had some trolley buses several years later. It’s a special day in history today,” Ryan Birch, acting director of transit operations, said. “It’s a fresh experience… quiet, smooth riding. It’s going to be absolutely wonderful.”

In a news release, Mayor Don Iveson called it the largest purchase of electric buses in Canadian history, while North America's largest electric bus fleet operates in Toronto today, and Metro Vancouver has buses on the road as well this year.

“Electric buses are a major component of the future of public transit in our city and across Canada.”

As of Tuesday, 21 of the 40 electric buses had arrived in the city, and the Toronto Transit Commission has introduced battery-electric buses in Toronto as well this year.

“We’re going to start rolling these out with four or five buses per day until we’ve got all the buses in stock rolled out. On Wednesday we will have three or four buses out,” Birch said.

The remaining 19 are scheduled to arrive in the fall.

The City of Edmonton ordered the battery-electric buses from Proterra, an electric bus supplier, while Montreal's STM has begun rolling out electric buses of its own recently.

The fleet can travel up to 350 kilometres on a single charge and the batteries work in all weather conditions, including Edmonton’s harsh winters, and electric school buses in B.C. have also taken to the roads in cold climates recently.

In 2015, ETS winter tested a few electric buses to see if the technology would be suitable for the city’s climate and geography amid barriers to wider adoption that many agencies consider.

“These buses are designed to handle most of our routes,” Birch said. “We are confident they will be able to stand up to what we expect of them.”

ETS is the first transit agency in North America to have overhead chargers installed inside transit facilities, which helps to save floor space.

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.