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Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

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Western Canada Hydropower Drought strains British Columbia and Manitoba as reservoirs hit historic lows, cutting hydroelectric output and prompting power imports, natural gas peaking, and grid resilience planning amid climate change risks this winter.

Key Points

Climate-driven reservoir lows cut hydro in B.C. and Manitoba, prompting imports and backup gas to maintain reliability.

✅ Reservoirs at multi-year lows cut hydro generation capacity

✅ BC Hydro and Manitoba Hydro import electricity for reliability

✅ Natural gas turbines used; climate change elevates drought risk

Severe drought conditions in Western Canada are compelling two hydroelectricity-dependent provinces, British Columbia and Manitoba, to import power from other regions. These provinces, known for their reliance on hydroelectric power, are facing reduced electricity production due to low water levels in reservoirs this autumn and winter as energy-intensive customers encounter temporary connection limits.

While there is no immediate threat of power outages in either province, experts indicate that climate change is leading to more frequent and severe droughts. This trend places increasing pressure on hydroelectric power producers in the future, spurring interest in upgrading existing dams as part of adaptation strategies.

In British Columbia, several regions are experiencing "extreme" drought conditions as classified by the federal government. BC Hydro spokesperson Kyle Donaldson referred to these conditions as "historic," and a first call for power highlights the strain, noting that the corporation's large reservoirs in the north and southeast are at their lowest levels in many years.

To mitigate this, BC Hydro has been conserving water by utilizing less affected reservoirs and importing additional power from Alberta and various western U.S. states. Donaldson confirmed that these measures would persist in the upcoming months.

Manitoba is also facing challenges with below-normal levels in reservoirs and rivers. Since October, Manitoba Hydro has occasionally relied on its natural gas turbines to supplement hydroelectric production as electrical demand could double over the next two decades, a measure usually reserved for peak winter demand.

Bruce Owen, a spokesperson for Manitoba Hydro, reassured that there is no imminent risk of a power shortage. The corporation can import electricity from other regions, similar to how it exports clean energy in high-water years.

However, the cost implications are significant. Manitoba Hydro anticipates a financial loss for the current fiscal year, with more red ink tied to emerging generation needs, the second in a decade, with the previous one in 2021. That year, drought conditions led to a significant reduction in the company's power production capabilities, resulting in a $248-million loss.

The 2021 drought also affected hydropower production in the United States. The U.S. Department of Energy reported a 16% reduction in overall generation, with notable decreases at major facilities like Nevada's Hoover Dam, where production dropped by 25%.

Drought has long been a major concern for hydroelectricity producers, and they plan their operations with this risk in mind. Manitoba's record drought in 1940-41, for example, is a benchmark for Manitoba Hydro's operational planning to ensure sufficient electricity supply even in extreme low-water conditions.

Climate change, however, is increasing the frequency of such rare events, highlighting the need for more robust backup systems such as new turbine investments to enhance reliability. Blake Shaffer, an associate professor of economics at the University of Calgary specializing in electricity markets, emphasized the importance of hydroelectric systems incorporating the worsening drought forecasts due to climate change into their energy production planning.

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H2 Gateway Hydrogen Network accelerates clean energy in B.C., building electrolysis plants and hydrogen fueling stations for zero-emission vehicles, heavy-duty trucks, and long-haul transit, supporting decarbonization, green hydrogen supply, and infrastructure investment.

Key Points

A $900M B.C. initiative by HTEC to build electrolysis plants and 20 hydrogen fueling stations for zero-emission transport.

✅ $900M project with HTEC, CIB, and B.C. government

✅ 3 electrolysis plants plus byproduct liquefaction in North Vancouver

✅ Up to 20 stations; 14 for heavy-duty vehicles in B.C. and Alberta

British Columbia is taking a significant step towards a cleaner future with a brand new $900 million project. This initiative, spearheaded by hydrogen company HTEC and supported by the CIB in B.C. and the B.C. government, aims to establish a comprehensive hydrogen network across the province. This network will encompass both hydrogen production plants and fueling stations, marking a major leap in developing hydrogen infrastructure in B.C.

The project, dubbed "H2 Gateway," boasts several key components. At its core lies the construction of three brand new electrolysis hydrogen production plants. These facilities will be strategically located in Burnaby, Nanaimo, and Prince George, ensuring a wide distribution of hydrogen fuel. An additional facility in North Vancouver will focus on liquefying byproduct hydrogen, maximizing resource efficiency.

The most visible aspect of H2 Gateway will undoubtedly be the network of hydrogen fueling stations. The project envisions up to 20 stations spread across British Columbia and Alberta, complementing the province's Electric Highway build-out, with 18 being situated within B.C. itself. This extensive network will significantly enhance the accessibility of hydrogen fuel, making it a more viable option for motorists. Notably, 14 of these stations will be designed to handle heavy-duty vehicles, catering to the transportation sector's clean energy needs.

The economic and environmental benefits of H2 Gateway are undeniable. The project is expected to generate nearly 300 jobs, aligning with recent grid job creation efforts, providing a much-needed boost to the B.C. economy. More importantly, the widespread adoption of hydrogen fuel promises significant reductions in greenhouse gas emissions. Hydrogen-powered vehicles produce zero tailpipe emissions, making them a crucial tool in combating climate change.

British Columbia's investment in hydrogen infrastructure aligns with a global trend. As countries strive to achieve ambitious climate goals, hydrogen is increasingly viewed as a promising clean energy source. Hydrogen fuel cells offer several advantages over traditional electric vehicles, and while B.C. leads the country in going electric, they boast longer driving ranges and shorter refueling times, making them particularly attractive for long-distance travel and heavy-duty applications.

While H2 Gateway represents a significant step forward, challenges remain. The production of clean hydrogen, often achieved through electrolysis using renewable energy sources, faces power supply challenges and requires substantial initial investment. Additionally, the number of hydrogen-powered vehicles on the road is still relatively low.

However, projects like H2 Gateway are crucial in overcoming these hurdles. By creating a robust hydrogen infrastructure, B.C. is sending a strong signal to the industry and, alongside BC Hydro's EV charging expansion across southern B.C., is building a comprehensive clean transportation network. This investment will not only benefit the environment but also incentivize the development and adoption of hydrogen-powered vehicles. As the technology matures and production costs decrease, hydrogen fuel has the potential to revolutionize transportation and play a key role in a sustainable future.

The road ahead for hydrogen may not be entirely smooth, but British Columbia's commitment to H2 Gateway demonstrates a clear vision. By investing in clean energy infrastructure, the province is not only positioning itself as a leader in the fight against climate change, with Canada and B.C. investing in green energy solutions to accelerate progress, but also paving the way for a more sustainable transportation landscape.

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India Village Electrification hailed by the IEA in World Energy Outlook 2018 showcases rapid energy access progress, universal village power, clean cooking advances via LPG, and Modi-led initiatives, inspiring Indonesia, Bangladesh, and Sub-Saharan Africa.

Key Points

A national push to power every Indian village, praised by the IEA for boosting energy access and clean cooking.

✅ Electrified 597,464 villages ahead of schedule in April 2018.

✅ IEA hails India in World Energy Outlook 2018 as star performer.

✅ LPG connections surge via Ujjwala, aiding clean cooking access.

The global energy watchdog International Energy Agency (IEA) has called India's electrification of every village the greatest success story of 2018. In its latest report, World Energy Outlook 2018, the IEA has called India a "star performer" in terms of achieving the big milestone of the providing power to each village. "In particular, one of the greatest success stories in access to energy in 2018 was India completing the electrification of all of its villages," said the IEA. It added that countries like Indonesia and Bangladesh have also achieved the commendable electrification rate of 95% (up from 50% in 2000), and 80% (up from 20% in 2000), respectively, even as Europe's electrification push continues as part of broader transitions.

This 643-page report by the IEA says over 120 million people worldwide gained access to electricity in 2017 and charts growth in the electric car market as part of broader energy trends. For the first time ever, the total number of people without access fell below 1 billion, it said.  The mega plan of providing electricity to 597,464 villages in India was announced by Prime Minister Narendra Modi during his Independence Day speech in 2015. On April 28, 2018, PM Modi confirmed that India had achieved its goal ahead of schedule. "This is one of the greatest achievements in the history of energy," said the IEA.

Praising the Narendra Modi government for making efforts towards lighting up every village in India, the agency said: "Since 2000 around half a billion people have gained access to electricity in India, with political effort over the last five years significantly accelerating progress."

India's achievement of providing universal household electricity access will improve the lives of over 230 million people, said the IEA, even as analyses like a Swedfund report debate some poverty outcomes in electrified areas. For a start, electric lighting makes the use of candles, kerosene and other polluting fuels for lighting redundant, not only saving money (and providing more light) but also seriously improving health, it said.

Though the global energy agency has called India "a success story", and a "bright spot for energy access", it says huge challenges remain in other regions of the world where over 670 million people still live without electricity access. "90% of these people are concentrated in sub-Saharan Africa, with countries such as Nigeria facing severe shortages," said the report.

Seven decades after independence and nearly three decades after India's economic liberalisation, the Modi government achieved the historic milestone of giving power to every single village of India, 12 days ahead of the deadline set by PM Modi. Leisang in Manipur became the last village to be connected to the grid, while a Delhi energy storage project explores ways to balance supply and demand.

The agency also praised India for tackling a related problem: access to clean cooking facilities. "While an estimated 780 million people in India rely on biomass for cooking, progress is emerging, as India is one of the few countries in the world targeting this "blind spot" of energy policy," it said.

Around 36 million LPG connections have been made since Prime Minister Modi and Minister for Petroleum and Natural Gas, Dharmendra Pradhan, launched the Pradhan Mantri Ujjwala Yojana scheme in May 2016 to provide free connections to families living below the poverty line. In India, around 50 million free LPG stoves and initial refills have been provided to poor households via this scheme since 2015. The government has set a target of providing LPG connections to 80 million households by 2020.

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White Pines Project cancellation highlights Ontario's wind farm contract dispute in Prince Edward County, involving IESO approvals, Progressive Conservatives' legislation, potential court action, and costs to ratepayers amid green energy policy shifts.

Key Points

The termination effort for Ontario's White Pines wind farm contract, triggering legal, legislative, and cost disputes.

✅ Contract with IESO dates to 2009; final approval during election

✅ PCs seek legislation insulating taxpayers from litigation

✅ Cancellation could exceed $100M; cost impact on ratepayers

Cancelling an eastern Ontario green energy project that has been under development for nearly a decade could cost more than $100 million, the president of the company said Wednesday, warning that the dispute could be headed to the courts.

Ontario's governing Progressive Conservatives said this week that one of their first priorities during the legislature's summer sitting would be to cancel the contract for the White Pines Project in Prince Edward County.

Ian MacRae, president of WPD Canada, the company behind the project, said he was stunned by the news given that the project is weeks away from completion.

"What our lawyers are telling us is we have a completely valid contract that we've had since 2009 with the (Independent Electricity System Operator). ... There's no good reason for the government to breach that contract," he said.

The government has also not reached out to discuss the cancellation, he said. Meanwhile, construction on the site is in full swing, he said.

"Over the last couple weeks we've had an average of 100 people on site every day," he said. "The footprint of the project is 100 per cent in. So, all the access roads, the concrete for the base foundations, much of the electrical infrastructure. The sub-station is nearing completion."

The project includes nine wind turbines meant to produce enough electricity to power just over 3,000 homes annually, even as Ontario looks to build on an electricity deal with Quebec for additional supply. All of the turbines are expected to be installed over the next three weeks, with testing scheduled for the following month.

MacRae couldn't say for certain who would have to pay for the cancellation, electricity ratepayers or taxpayers.

"Somehow that money would come from IESO and it would be my assumption that would end up somehow on the ratepayers, despite legislation to lower electricity rates now in place," he said. "We just need to see what the government has in mind and who will foot the bill."

Progressive Conservative house leader Todd Smith, who represents the riding where the project is being built, said the legislation to cancel the project will also insulate taxpayers from domestic litigation over the dismantling of green energy projects.

"This is something that the people of Prince Edward County have been fighting ... for seven years," he said. "This shouldn't have come as a surprise to anybody that this was at the top of the agenda for the incoming government, which has also eyed energy independence in recent decisions."

Smith questioned why Ontario's Independent Electricity System Operator gave the final approval for the project during the spring election campaign.

"There's a lot of questions about how this ever got greenlighted in the first place," he said. "This project was granted its notice to proceed two days into the election campaign ... when (the IESO) should have been in the caretaker mode."

Terry Young, the IESO's vice president of policy, engagement and innovation, said the agency could not comment because of the pending introduction of legislation to cancel the deal, following a recent auditor-regulator dispute that drew attention to oversight.

NDP Leader Andrea Horwath said the new Tory government is behaving like the previous Liberal government by cancelling energy projects and tearing up contracts amid ongoing debates over Ontario's hydro mess and affordability. She likened the Tory plan to the Liberal gas plant scandal that saw the government relocate two plants at a substantial cost to taxpayers.

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EU Electricity Market Reform Opposition highlights nine states resisting an overhaul of the wholesale power market amid gas price spikes, urging energy efficiency, interconnection targets, and EU caution rather than redesigns affecting renewables.

Key Points

Nine EU states reject overhauling wholesale power pricing, favoring efficiency and prudent policy over redesigns.

✅ Nine states oppose redesign of wholesale power market.

✅ Call for efficiency and 15% interconnection by 2030.

✅ Ministers to debate responses amid gas-driven price spikes.

Germany, Denmark, Ireland and six other European countries said on Monday they would not support a reform of the EU electricity market, ahead of an emergency meeting of energy ministers to discuss emergency measures and the recent price spike.

European gas and power prices soared to record high levels in autumn and have remained high, prompting countries including Spain and France to urge Brussels to redesign its electricity market rules.

Nine countries on Monday poured cold water on those proposals, in a joint statement that said they "cannot support any measure that conflicts with the internal gas and electricity market" such as an overhaul of the wholesale power market altogether.

"As the price spikes have global drivers, we should be very careful before interfering in the design of internal energy markets," the statement said.

"This will not be a remedy to mitigate the current rising energy prices linked to fossil fuels markets across Europe."

Austria, Germany, Denmark, Estonia, Finland, Ireland, Luxembourg, Latvia and the Netherlands signed the statement, which called instead for more measures to save energy and a target for a 15% interconnection of the EU electricity market by 2030.

European energy ministers meet tomorrow to discuss their response to the price spike, including gas price cap strategies under consideration. Most countries are using tax cuts, subsidies and other national measures to shield consumers against the impact higher gas prices are having on energy bills, but EU governments are struggling to agree on a longer term response.

Spain has led calls for a revamp of the wholesale power market in response to the price spike, amid tensions between France and Germany over reform, arguing that the system is not supporting the EU's green transition.

Under the current system, the wholesale electricity price is set by the last power plant needed to meet overall demand for power. Gas plants often set the price in this system, which Spain said was unfair as it results in cheap renewable energy being sold for the same price as costlier fossil fuel-based power.

The European Commission has said it will investigate whether the EU power market is functioning well, but that there is no evidence to suggest a different system would have better protected countries against the surge in energy costs, and that rolling back electricity prices is tougher than it appears during such spikes.

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