AECL sued for $1.6 billion

By Toronto Star


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Life sciences company MDS Inc. has launched a $1.6-billion lawsuit against Atomic Energy of Canada Ltd. and the federal government after a decision to cancel a 12-year-old project to build new nuclear reactors for producing medical isotopes.

MDS claims that AECL, encouraged by Ottawa, breached its contract. The company is also claiming damages for negligence and has accused the federal government of "interference with economic relations."

In May, AECL announced that it would cancel its Maple project, an effort to bring two new medical isotope reactors into service that would replace the company's half-century old NRU reactor at facilities in Chalk River.

MDS Nordion, a unit of publicly traded MDS, sells about two-thirds of the world's medical isotopes used to diagnose and treat a variety of diseases. Its primary source of supply is AECL's NRU reactor, which has given the company a near-monopoly grip on supply into the United States.

The reactor was shut down last November for routine maintenance after regulators found problems with an emergency backup system. This led to a prolonged outage that put global isotope supply at risk. In a controversial move, Ottawa bypassed the nuclear regulatory by ordering the reactor back in service.

MDS maintains it was never consulted prior to AECL's decision to cancel the problem-plagued Maple project. "We have had to resort to taking these steps to protect the interests of patients, the nuclear medicine community, our shareholders and our customers," said Stephen DeFalco, president and chief executive of MDS, in a statement.

"We are disappointed that AECL and the government decided to abandon the Maple project without establishing a clear plan for the long-term supply of critical medical isotopes."

MDS said the purpose of the lawsuit is to have AECL honour its commitment to provide a 40-year supply of isotopes.

The Maple project began in 1996 with plans to develop two new reactors to replace the NRU by 2000, at a planned cost of $145 million. MDS said by 2005 the new reactors still weren't finished even though it had invested more than $350 million in the project. This led to a lawsuit, after which AECL agreed in 2006 to have the Maple reactors operating by October 2008.

Ottawa, supporting AECL's move to cancel the project in May, said at the time that the reactors had been "plagued since its inception with problems."

The amount of damages MDS is seeking through the lawsuit far exceeds the estimated market value of AECL, which is currently under a strategy review that could result in the privatization of the crown corporation.

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Fish boom prompts energy conglomerate to spend $14.5M to bury subsea cables

Maritime Link Cable Burial safeguards 200-kV subsea cables in the Cabot Strait as Emera and Nova Scotia Power trench lines to mitigate bottom trawling risks from a redfish boom, ensuring Muskrat Falls hydro delivery.

 

Key Points

Trenching Cabot Strait subsea power cables to prevent redfish-driven bottom trawling and ensure Muskrat Falls power.

✅ $14.492M spent trenching 59 km at 400 m depth

✅ Protects 200-kV, 170-km subsea interconnects from trawls

✅ Driven by Gulf redfish boom; DFO and UARB consultations

 

The parent company of Nova Scotia Power disclosed this week to the Utility and Review Board, amid Site C dam watchdog attention to major hydro projects, that it spent almost $14,492,000 this summer to bury its Maritime Links cables lying on the floor of the Cabot Strait between Newfoundland and Cape Breton.

It's a fish story no one saw coming, at least not Halifax-based energy conglomerate Emera.

The parent company of Nova Scotia Power disclosed this week to the Utility and Review Board that it spent almost $14,492,000 this summer to bury its Maritime Link cables lying on the floor of the Cabot Strait between Newfoundland and Cape Breton.

The cables were protected because an unprecedented explosion in the redfish population in the Gulf of St Lawrence is about to trigger a corresponding boom in bottom trawling in the area.

Also known as ocean perch, redfish were not on anyone's radar when the $1.5-billion Maritime Link was designed and built to carry Muskrat Falls hydroelectricity from Newfoundland to Nova Scotia.

The two 200-kilovolt electrical submarine cables spanning the Cabot Strait are the longest in North America, compared with projects like the New England Clean Power Link planned further south. They are each 170 kilometres long and weigh 5,500 tonnes.

Nova Scotia Power customers are paying for the Maritime Link in return for a minimum of 20 per cent of the electricity generated by Muskrat Falls over 35 years.

The electricity is supposed to start sending first electricity through the Maritime Link in mid-2020.

First time cost disclosed
In August, the company buried 59 kilometres of subsea cables one metre below the bottom at depths of 400 metres.

"These cables had not been previously trenched due to the absence of fishing activities at those depths when the cables were originally installed," spokesperson Jeff Myrick wrote in an email to CBC News in October.

Ratepayers will get the bill next year, as utilities also face risks like copper theft that can drive costs in the region. Until now, the company had declined to release costs relating to protecting the Maritime Link.

The bill will be presented to regulators, a process that has affected projects such as a Manitoba Hydro line to Minnesota, when the company applies to recover Maritime Link costs from Nova Scotia Power ratepayers in 2020.

Myrick said the company was acting after consultation with the Department of Fisheries and Oceans.

Unexpected consequences
After years of overfishing in the 1980s and early 1990s, redfish quotas were slashed and a moratorium imposed on some redfish.

Confusingly, there are actually two redfish species in the Gulf of St. Lawrence.

But very strong recent year classes, that have coincided with warming waters in the gulf, as utilities adapt to climate change considerations grow, have produced redfish in massive numbers.

After years of overfishing, the redfish population is now booming in the Gulf of St. Lawrence. (Submitted by Marine Institute)
There is now believed to be three-million tonnes of redfish in the Gulf of St Lawrence.

The Department of Fisheries and Oceans is expected to increase quotas in the coming years and the fishing industry is gearing up in a big way.

Earlier this month, Scotia Harvest announced it will begin construction of a new $14-million fish plant in Digby next spring in part to process increased redfish catches.

 

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Ermineskin First Nation soon to become major electricity generator

Ermineskin First Nation Solar Project delivers a 1 MW distributed generation array with 3,500 panels, selling power to Alberta's grid, driving renewable energy revenue, jobs, and regional economic development with partner SkyFire Energy.

 

Key Points

A 1 MW, 3,500-panel distributed generation plant selling power to Alberta's grid to support revenue and jobs.

✅ 1 MW array, 3,500 panels; grid-tied distributed generation

✅ Annual revenue projected at $80k-$150k, scalable

✅ Built with SkyFire Energy; expansion planned next summer

 

The switch will soon be flipped on a solar energy project that will generate tens of thousands of dollars for Ermineskin First Nation, while energizing economic development across Alberta, where selling renewables is emerging as a promising opportunity.

Built on six acres, the one-megawatt generator and its 3,500 solar panels will produce power to be sold into the province’s electrical grid, providing annual revenues for the band of $80,000 to $150,000, depending on energy demand and pricing.

The project cost $2.7 million, including connection costs and background studies, said Sam Minde, chief executive officer of the band-owned Neyaskweyahk Group of Companies Inc.

It was paid for with grants from the Western Economic Diversification Fund and the province’s Climate Leadership Plan, and, amid Ottawa’s green electricity contracting push, is expected to be connected to the grid by mid-December.

“It’s going to be the biggest distributed generation in Alberta,” he said.

Called the Sundancer generator, it was built and will be operated through a partnership with SkyFire Energy, reflecting how renewable power developers design better projects by combining diverse resources.

Minde said the project’s benefits extend beyond Ermineskin First Nation, one of four First Nations at Maskwacis, 20 km north of Ponoka, in a province where renewable energy surge could power thousands of jobs.

“Our nation is looking to do the best it can in business. It’s competitive, but at the same time, what is good for us is good for the region.

“If we’re creating jobs, we’re going to be building up our economy. And if you look at our region right now, we need to continue to create opportunities and jobs.”

Electricity prices are rock bottom right now, in the six to nine cents per kilowatt hour range, with recent Alberta solar contracts coming in below natural gas on cost. During the oilsands boom, when power demand was skyrocketing, the price was in the 16 to 18 cent range.

That means there is a lot of room for bigger returns for Ermineskin in the future, especially if pipelines such as TransMountain get going or the oilsands pick up again, and as Alberta solar growth accelerates in the years ahead.

The band is so confident that Sundancer will prove a success that there are plans to double it in size, a strategy echoed by community-scale efforts such as the Summerside solar project that demonstrate scalability. By next summer, a $1.5-million to $1.7-million project funded by the band will be built on another six acres nearby.

Minde said the project is an example of the community’s connection with the environment being used to create opportunities and embracing technologies that will likely figure large in the world’s energy future.

 

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Charting a path to net zero electricity emissions by the middle of the century

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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ATCO Electric agrees to $31 million penalty following regulator's investigation

ATCO Electric administrative penalty underscores an Alberta Utilities Commission probe into a sole-sourced First Nation contract, Jasper transmission line overpayments, and nondisclosure to ratepayers, sparked by a whistleblower and pending settlement approval.

 

Key Points

A $31M AUC settlement over alleged overpayment, sole-sourcing, and nondisclosure tied to a Jasper transmission line.

✅ $31M administrative penalty; AUC settlement pending approval

✅ Sole-sourced First Nation contract to protect related ATCO deal

✅ Overpayment concealed when seeking recovery from ratepayers

 

Regulated Alberta utility ATCO Electric has agreed to pay a $31 million administrative penalty after an Alberta Utilities Commission utilities watchdog investigation found it deliberately overpaid a First Nation group for work on a new transmission line, and then failed to disclose the reasons for it when it applied to be reimbursed by ratepayers for the extra cost.

An agreed statement of facts contained in a settlement agreement between ATCO Electric Ltd. and the commission's enforcement staff says the company sole-sourced a contract in 2018 for work that was necessary for an electric transmission line to Jasper, Alta., even as BC Hydro marked a Site C transmission line milestone elsewhere.

The company that won the contract was co-owned by the Simpcw First Nation in Barriere, B.C., while debates over a First Nations electricity line in Ontario underscore related issues, and the agreement says one of the reasons for the sole-sourcing was that another of Calgary-based ATCO's subsidiaries had a prior deal with the First Nation for infrastructure projects that included the provision of work camps on the Trans Mountain Pipeline expansion project.

The statement of facts says ATCO Electric feared that if it didn't grant the contract to the First Nation group and instead put the work to tender, amid legal pressures such as a treaty rights challenge, the group might back out of its deal with ATCO Structures and Logistics and partner with another, non-ATCO company on the Trans Mountain work.

The agreed statement says ATCO Electric paid several million dollars more than market value for some of the Jasper line work, while a Manitoba-Minnesota line delay was being weighed in another jurisdiction, and staff attempted to conceal the reasons for the overpayment when they sought to recover the extra money from Alberta consumers.

It states the investigation was sparked by a whistleblower, and notes the agreement between the utility commission's enforcement staff and ATCO Electric must still be approved by the Alberta Utilities Commission, a process comparable to hearings that consider oral traditional evidence on interprovincial lines.

The commission must be satisfied the settlement is in the public interest, a consideration often informed by concerns from Site C opponents in other regions.

 

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Peterborough Distribution sold to Hydro One for $105 million.

Peterborough Distribution Inc. Sale to Hydro One delivers a $105 million deal pending Ontario Energy Board approval, a 1% distribution rate cut, five-year rate freeze, job protections, and a new operations centre and fleet facility.

 

Key Points

A $105M acquisition of PDI by Hydro One, with OEB review, rate freeze, job protections, and a new operations centre.

✅ $105 million purchase; Ontario Energy Board approval required

✅ 1% distribution rate cut and a five-year rate freeze

✅ New operations centre; PDI employees offered roles at Hydro One

 

The City of Peterborough said Wednesday it has agreed to sell Peterborough Distribution Inc. to Hydro One for $105 million, amid a period when Hydro One shares fell after leadership changes.

The deal requires approval from the Ontario Energy Board before it can proceed.

According to the city, the deal includes a one per cent distribution rate reduction and a five-year freeze in distribution rates for customers, plus:

  • A second five-year period with distribution rate increases limited to inflation and an earnings sharing mechanism to offset rates in year 11 and onward
  • Protections for PDI employees with employees receiving employment offers to move to Hydro One
  • A sale price of $105 million
  • An agreement to develop a regional operations centre and new fleet maintenance facility in Peterborough

“Hydro One was unique in its ability to offer new investment and job creation in our community through the addition of a new operations centre to serve customers throughout the broader region,” Mayor Daryl Bennett said.

“We’re surrounded by Hydro One territory — in fact, we already have Hydro One customers within the City of Peterborough and new subdivisions will be in Hydro One territory. Hydro One will be able to create efficiencies by better utilizing its existing infrastructure, benefiting customers and supporting growth.”

The sale comes after months of negotiations amid investor concerns about Hydro One’s uncertainties. At one point, it looked like the sale wouldn’t go through, after it was announced that Hydro One had walked away from the bargaining table.

City council approved the sale of PDI in December 2016, despite a strong public opposition and debate over proposals to make hydro public again among some parties.

Elsewhere in Canada, political decisions around utilities have also sparked debate, as seen when Manitoba Hydro faced controversy over policy shifts.

 

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Energy-hungry Europe to brighten profit at US solar equipment makers

European Solar Inverter Demand surges as photovoltaics and residential solar expand during the clean energy transition, driven by high natural gas prices; Germany leads, boosting Enphase and SolarEdge sales for rooftop systems and grid-tied installations.

 

Key Points

Rising European need for solar inverters, fueled by residential PV growth, high energy costs, and clean energy policies.

✅ Germany leads EU rooftop PV installations

✅ Enphase and SolarEdge see revenue growth

✅ High gas prices and policies spur adoption

 

Solar equipment makers are expected to post higher quarterly profit, benefiting from strong demand in Europe for critical components that convert energy from the sun into electricity, amid record renewable momentum worldwide.

The continent is emerging as a major market for solar firms as it looks to reduce its dependence on the Russian energy supply and accelerate its clean energy transition, with solar already reshaping power prices in Northern Europe across the region, brightening up businesses of companies such as Enphase Energy (ENPH.O) and SolarEdge Technologies (SEDG.O), which make solar inverters.

Wall Street expects Enphase and SolarEdge to post a combined adjusted net income of $323.8 million for the April-June quarter, a 56.7% jump from a year earlier, even as demand growth slows in the United States.

The energy crisis in Europe is not as acute as last year when Western sanctions on Russia severely crimped supplies, but prices of natural gas and electricity continue to be much higher than in the United States, Raymond James analyst Pavel Molchanov said.

As a result, demand for residential solar keeps growing at a strong pace in the region, with Germany being one of the top markets and solar adoption in Poland also accelerating in recent years across the region.

About 159,000 residential solar systems became operational in the first quarter in Germany amid a solar power boost that reflects policy and demand, a 146% rise from a year earlier, according to BSW solar power association.

Adoption of solar is also helping European homeowners have greater control over their energy costs as fossil fuel prices tend to be more volatile, Morningstar analyst Brett Castelli said.

SolarEdge, which has a bigger exposure to Europe than Enphase, said its first-quarter revenue from the continent more than doubled compared with last year.

In comparison, growth in the United States has been tepid due to lukewarm demand in states like Texas and Arizona where cheaper electricity prices make the economics of residential solar less attractive, even though solar is now cheaper than gas in parts of the U.S. market.

Higher interest rates following the U.S. Federal Reserve's recent actions to tame inflation are also weighing on demand, even as power outage risks rise across the United States.

Analysts also expect weakness in California where a new metering reform reduces the money credited to rooftop solar owners for sending excess power into the grid, underscoring how policy shifts can reshape the sector. The sunshine state accounts for nearly a third of the U.S. residential solar market.

Enphase will report its results on Thursday after the bell, while SolarEdge will release its second-quarter numbers on Aug. 1.

 

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