PA Coal Alliance Addresses House and Senate Coal Caucuses on Impacts of Proposed EPA Rule

By Pennsylvania Coal Alliance


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Pennsylvania Coal Alliance CEO, John Pippy addressed legislators on the effects of the Environmental Protection Agency's EPA "Clean Power Plan" on Pennsylvania's jobs, electric rates and economy at a House and Senate Coal Caucus hearing this morning. The EPA's proposed rule, said to be published this summer, circumvents state's rights by mandating energy policy disguised as environmental regulation.

As proposed, Pennsylvania would reduce carbon emissions by 32 percent over 2012 levels, prematurely transferring utilities away from coal to less reliable sources of electricity. The Pennsylvania Department of Environmental Protection DEP projected, if the rule is enacted as proposed, coal use by Pennsylvania's coal fleet will decrease by 68 percent, jeopardizing the 36,000 industry-related jobs and the annual $4 billion contribution to the state economy.

Coal continues to provide 40 percent of Pennsylvania's electric supply, securing the state's footing as one of the top three electric-generating states and providing stable and reliable electric rates both lower than the national average and 17-37 percent lower than its neighboring northeastern states.

There are 2.4 million middle to low-income families in Pennsylvania that spend 19 - 22 percent of their after-tax income on energy. According to a study by the National Economic Research Associates, rule compliance will raise Pennsylvania's electric rates 14 - 22 percent. "The EPA has taken advantage of the current market conditions to deliver a devastating blow to the coal industry. While the price of natural gas is sure to fluctuate and the demand for electricity to rise as the economy strengthens, this regulation will be the cheap shot that cripples the industry from rebounding when the demand market returns," Pippy said.

Total carbon emissions from the U.S. coal-fired fleet are declining and account for less than 3 percent globally. The Energy Information Administration reports non-U.S. carbon emissions are projected to grow by 41 percent between 2010 and 2030.

As the U.S. is forced to divest from coal and electric rates increase, jobs in energy intensive trade-exposed industries such as steel, manufacturing and chemicals that Pennsylvania relies on will go overseas where electricity from coal-fired power plants is cheaper, but the process is far less environmentally friendly. This will essentially be a transfer of emissions globally, while the Commonwealth loses the economic benefit and more carbon emissions are added to the same air. Governor Wolf and DEP Secretary Quigley's recent comments on protecting the role of coal in Pennsylvania and the Commonwealth's position as a net energy exporter when developing this plan has given the industry hope. However, without significant changes, the proposed rule does not give enough flexibility for coal to remain viable in Pennsylvania. Pippy concluded by commending the House and Senate Coal Caucuses for taking the lead on this issue and working to protect the Commonwealth from the proposed rule's impacts on the state's economy, jobs and ratepayers.

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Don't be taken in by scammers threatening to shut off electricity: Manitoba Hydro

Manitoba Hydro Phone Scam targets small businesses with disconnection threats, prepaid card payments, caller ID spoofing, phishing texts, and door-to-door fraud; hang up, verify your account directly, and never share banking information.

 

Key Points

A scam where callers threaten disconnection and demand prepaid cards; verify account status directly with Manitoba Hydro.

✅ Hang up and call Manitoba Hydro at 1-888-624-9376 to verify.

✅ Never pay by prepaid cards, gift cards, or crypto.

✅ Hydro will not cut power on one-hour notice.

 

Manitoba Hydro is warning customers, particularly small business owners, to be wary of high-pressure scammers, as Ontario utilities warn of scams in other provinces, threatening to shut off their electricity.

The callers demand the customer to make immediate payment by a prepaid card. Often, the calls are made in the middle of the day at a busy time, frightening the customer with aggressive threats about disconnection, as hydro disconnections have made headlines elsewhere, says hydro spokesman Bruce Owen.

"They tell them 'we have a truck on the way to cut off your power. If you don't pay in the next hour you're out of luck,'" he said.

"And because these folks have inventory in freezers and they have customers … they're willing to fork over several hundred or even several thousand dollars on a prepaid card to somebody they don't know to keep the lights on."

Maybe the business owners can't recall, with everything happening, including discussions about Hydro One peak rates in Ontario, if they've made their payments on time. They start second-guessing and believing the person on the other line, Owen says.

And they worry about losing thousands of dollars in business if they lose power. So they're more than willing to run out to a store, buy a prepaid debit card and provide the number to the caller.

"Their goal is to manipulate you into sending money before you figure out it's a scam," said Chris McColm, hydro's security and investigations supervisor. "These people are crooks and you should hang up on them."

For any customers that are in arrears, hydro will work with them to resolve the issue, Owen said.

"We do not have to take that extreme measure of cutting off or disconnecting anybody. That's not the business we're in — we don't strong arm people that way," he said.

"Anybody who's threatening to cut off your power with an hour or half-an-hour notice, well it's it's no better than someone waiting around the corner, waiting the club you over the head in the dark of night. That's what they are."

 

Fraud reports soar

The power utility has recorded a nearly-300 per cent jump in the number of fraud-related complaints this year over 2017. There have been 862 phone, text and e-mail scams and that could still go much higher.

The current statistics from 2018 have only calculated up to Oct. 31. In 2017, there were 221.

That jump in numbers doesn't necessarily mean there are more scammers out there.

It could simply mean people are finally getting wise to fraudsters and reporting it more, Owen says.

"At the same token, we don't hear of everybody who's been taking advantage of because once they've found out that they've been hoodwinked they don't want to tell anybody because they're so embarrassed," he said.

"These scammers can be very convincing and anyone can be victimized," McColm said.

If you are able to think clearly when some high-pressure caller gets you on the line, Owen suggests asking a few simple questions to challenge their legitimacy:

  • What street am I on?
  • What does my business look like? 
  • What's the weather outside right now?

Phone scammers can falsify their caller ID information to make it appear they're calling from a local number, but what you'll find is most of them aren't in Winnipeg or Manitoba and likely not even this country or continent, Owen says.

The key to being safe is simply to never give out banking information, Owen says. It's a message that has been stressed for years and 80-90 per cent of people understand it, but it's that other 10-20 per cent that are still being victimized.And it's not just phone calls. Many other fraud-related complaints to Manitoba Hydro this year concerned unsolicited text messages to customers saying they had been overbilled, or faced retroactive charges elsewhere, and were eligible for a refund.

This scam is also aimed at getting a customer's personal banking information, under the guise of having money put back into their account.

Also, many people, especially seniors living alone, continue to be targeted by aggressive door-to-door fraudsters, and cases like the electricity theft ring in Montreal underscore the risks, McColm says. However, he adds, hydro employees always display photo ID and will never demand to come into a home. 

If you're unsure whether a phone call, text or email is real or a scam, contact Manitoba Hydro at 1-888-624-9376.

 

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Effort to make Philippines among best power grids in Asia

NGCP-SGCC Partnership drives transmission grid modernization in the Philippines, boosting high-voltage capacity, reliability, and resilience, while developing engineering talent via the Trailblazers Program to meet Southeast Asia best practices and utility standards.

 

Key Points

A partnership to modernize the Philippines' grid, boost high-voltage capacity, and upskill NGCP engineers.

✅ Modernizes transmission assets and grid reliability nationwide

✅ Trailblazers Program develops NGCP's engineering leadership

✅ SGCC knowledge transfer on UHV, high-voltage, and best practices

 

The National Grid Corp. of the Philippines (NGCP) is building on its partnership with State Grid Corp of China (SGCC) to expand and modernize transmission facilities, as well as enhance the capabilities of its personnel to advance the country's grid network, aligning with smart grid transformation in Egypt seen in other markets. NGCP Internal Affairs Department head Edwin Natividad said the grid operator is implementing various development programs with SGCC to make the country's power grid among the best power utilities in Asia.

"We have to look at policies aligned with best global practices, including smart grid solutions increasingly adopted worldwide, that we can choose in adopting in the Philippines too," he said. One of NGCP's flagship development program is the Trailblazers Program, the company's strategy to further develop engineers "who will not just be technical experts, but also be the change agents and movers in the NGCP organization as well as in the Philippines' power sector," Natividad said.

"Having the support of the largest utility in the world gives us comfort that this program is designed and implemented by the best in the power industry," he said. Under the program, high performing personnel participating will be prepared for bigger roles later on in their careers at NGCP.

Business ( Article MRec ), pagematch: 1, sectionmatch: 1 "The advantage of such a pool is that it provides flexibility and, eventually, organizational self-sufficiency around the current and future talent needs of NGCP," Natividad said. Now on its third edition, the Trailblazers Program has already sent 76 personnel since it started in November 2016. Natividad said more than 16 of those who previously attended similar programs have already assumed higher roles in NGCP.

Apart from technical skills development, NGCP's partnership with SGCC also provides technical development to improve on the physical transmission assets. "If you will compare the facilities being handled by SGCC with other countries, in terms of handling high voltage capability, SGCC is way ahead.

The higher the voltage it's going to be more difficult to handle," Natividad said, adding they can handle more power to distribute to power distributors. As an example, SGCC's transmission facilities can handle high voltage to as much as 1,000 kiloVolts (kV), whereas the Philippines only has one high voltage facility, the interconnection between Luzon and Visayas, which can handle 500 kV, echoing proposals for macrogrids in Canada to improve reliability.

Natividad said NGCP was the first and biggest investment of SGCC outside of China before it made investments in other parts of the world, even as cybersecurity concerns in Britain have influenced supplier choices. A consortium among businessmen Henry Sy Jr., Robert Coyuito Jr., and SGCC as technical partner, NGCP holds a 25-year concession contract to operate and maintain the country's transmission grid.

Earlier, Sy, NGCP president and CEO, said the company is targeting to become the best utility firm in Southeast Asia. Since it took over the operations and maintenance of the country's power transmission network in 2009, the grid operator has introduced major physical and technological upgrades to ageing state-owned lines and facilities, while in Great Britain an independent operator model is being advanced to reshape system operations.

 

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Turning thermal energy into electricity

Near-Field Thermophotovoltaics captures radiated energy across a nanoscale gap, using thin-film photovoltaic cells and indium gallium arsenide to boost power density and efficiency, enabling compact Army portable power from emitters via radiative heat transfer.

 

Key Points

A nanoscale TPV method capturing near-field photons for higher power density at lower emitter temperatures.

✅ Nanoscale gap boosts radiative transfer and usable photon flux

✅ Thin-film InGaAs cells recycle sub-band-gap photons via reflector

✅ Achieved ~5 kW/m2 power density with higher efficiency

 

With the addition of sensors and enhanced communication tools, providing lightweight, portable power has become even more challenging, with concepts such as power from falling snow illustrating how diverse new energy-harvesting approaches are. Army-funded research demonstrated a new approach to turning thermal energy into electricity that could provide compact and efficient power for Soldiers on future battlefields.

Hot objects radiate light in the form of photons into their surroundings. The emitted photons can be captured by a photovoltaic cell and converted to useful electric energy. This approach to energy conversion is called far-field thermophotovoltaics, or FF-TPVs, and has been under development for many years; however, it suffers from low power density and therefore requires high operating temperatures of the emitter.

The research, conducted at the University of Michigan and published in Nature Communications, demonstrates a new approach, where the separation between the emitter and the photovoltaic cell is reduced to the nanoscale, enabling much greater power output than what is possible with FF-TPVs for the same emitter temperature.

This approach, which enables capture of energy that is otherwise trapped in the near-field of the emitter is called near-field thermophotovoltaics or NF-TPV and uses custom-built photovoltaic cells and emitter designs ideal for near-field operating conditions, alongside emerging smart solar inverters that help manage conversion and delivery.

This technique exhibited a power density almost an order of magnitude higher than that for the best-reported near-field-TPV systems, while also operating at six-times higher efficiency, paving the way for future near-field-TPV applications, including remote microgrid deployments in extreme environments, according to Dr. Edgar Meyhofer, professor of mechanical engineering, University of Michigan.

"The Army uses large amounts of power during deployments and battlefield operations and must be carried by the Soldier or a weight constrained system," said Dr. Mike Waits, U.S. Army Combat Capabilities Development Command's Army Research Laboratory. "If successful, in the future near-field-TPVs could serve as more compact and higher efficiency power sources for Soldiers as these devices can function at lower operating temperatures than conventional TPVs."

The efficiency of a TPV device is characterized by how much of the total energy transfer between the emitter and the photovoltaic cell is used to excite the electron-hole pairs in the photovoltaic cell, where insights from near-light-speed conduction research help contextualize performance limits in semiconductors. While increasing the temperature of the emitter increases the number of photons above the band-gap of the cell, the number of sub band-gap photons that can heat up the photovoltaic cell need to be minimized.

"This was achieved by fabricating thin-film TPV cells with ultra-flat surfaces, and with a metal back reflector," said Dr. Stephen Forrest, professor of electrical and computer engineering, University of Michigan. "The photons above the band-gap of the cell are efficiently absorbed in the micron-thick semiconductor, while those below the band-gap are reflected back to the silicon emitter and recycled."

The team grew thin-film indium gallium arsenide photovoltaic cells on thick semiconductor substrates, and then peeled off the very thin semiconductor active region of the cell and transferred it to a silicon substrate, informing potential interfaces with home battery systems for distributed use.

All these innovations in device design and experimental approach resulted in a novel near-field TPV system that could complement distributed resources in virtual power plants for resilient operations.

"The team has achieved a record ~5 kW/m2 power output, which is an order of magnitude larger than systems previously reported in the literature," said Dr. Pramod Reddy, professor of mechanical engineering, University of Michigan.

Researchers also performed state-of-the-art theoretical calculations to estimate the performance of the photovoltaic cell at each temperature and gap size, informing hybrid designs with backup fuel cell solutions that extend battery life, and showed good agreement between the experiments and computational predictions.

"This current demonstration meets theoretical predictions of radiative heat transfer at the nanoscale, and directly shows the potential for developing future near-field TPV devices for Army applications in power and energy, communication and sensors," said Dr. Pani Varanasi, program manager, DEVCOM ARL that funded this work.

 

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U.S. Grid overseer issues warning on Coronavirus

NERC COVID-19 Grid Security Alert urges utilities to update business continuity plans, assess supply chain risk, and harden cybersecurity against spearphishing, social engineering, and remote-work vulnerabilities to protect the U.S. power grid and critical infrastructure.

 

Key Points

A notice urging U.S. utilities to fortify pandemic continuity, secure supply chains, and enhance cybersecurity.

✅ Mandates updates to business continuity and pandemic readiness plans

✅ Flags supply chain risks for PPE, electronics, chemicals, and logistics

✅ Warns of spearphishing, social engineering, VPN and remote-work threats

 

The top U.S. grid security monitor urged power utilities to prepare for the new coronavirus in a rare alert yesterday, adding to a chorus of warnings from federal and private organizations.

The North American Electric Reliability Corp. called for power providers to update business continuity plans in case of a pandemic outbreak and weigh the need to prioritize construction or maintenance projects, including updates on major projects like BC Hydro's Site C, while the COVID-19 virus continues to spread.

NERC is requiring electric utilities to answer questions on their readiness for a possible pandemic, including potential staffing strategies such as on-site sequestering, by March 20, an unusual step that underscores the severity of the threat to U.S. power systems.

The Electricity Information Sharing and Analysis Center, NERC's hub for getting the word out on dangers and vulnerabilities for the grid, also sent out an "all-points bulletin" on Feb. 5 addressing the coronavirus outbreak. That nonpublic document covered "potential supply chain issues stemming from a manufacturing slowdown in Asia," NERC spokeswoman Kimberly Mielcarek said.

Among offering basic hygiene and awareness recommendations, NERC's latest alert also encourages utilities to take stock of resources with supply chains affected by the virus. Because "China and nearby southeast Asian nations" have been impacted, NERC said, the supply chain hits will likely include "electronics, personal protective equipment and sanitation supplies, chemicals, and raw materials." The nonprofit grid overseer also warned of global transportation disruptions.

NERC also recommended utilities be on the lookout for cyberattacks taking advantage of the panic and using "coronavirus-themed opportunistic social engineering attacks" to hack into power companies' networks. Social engineering attacks are when hackers use social interactions to manipulate targets into giving up sensitive information.

"Spearphishing, watering hole, and other disinformation tactics are commonly used to exploit public interest in significant events," the alert said.

Electric utility representatives said they're working on or have already completed some of the steps outlined in NERC's alert, though nuclear plant workers have cited a lack of precautions in some cases.

"At this point, many of our members are activating and/or reviewing their business continuity and preparedness plans to ensure that operations and infrastructure are properly supported," said Tobias Sellier, director of media relations for the American Public Power Association, which represents around 1,400 electric utilities.

The power providers are also collaborating with other utilities such as "water, wastewater and gas," Sellier said.

Stephen Bell, senior director of media and public relations at the National Rural Electric Cooperative Association, said his group's members "have already taken a number of steps recommended by NERC" while continuing to maintain operations.

"Co-ops continue working with local, state and federal stakeholders to remain vigilant and prepared. These preparations include more frequent communications to key stakeholders, updating business continuity plans and monitoring new information from public health officials," said Bell.

Last week the Electricity Subsector Coordinating Council (ESCC), a panel of government and industry officials charged with responding to power-sector emergencies, scheduled a conference call discussing how to protect the grid from disruption if the virus infects system operators. Ohio-based utility American Electric Power Co. said it is limiting public visits, has created a high-level response team and is working to ensure operations can continue, while reinforcing downed power line safety, if the virus keeps spreading (Energywire, March 6).

Scott Aaronson, vice president for security and preparedness of the Edison Electric Institute, which represents major investor-owned utilities, said that the electric sector practices "contingency planning" to deal with unusual situations such as the coronavirus. That means that while the type of emergency may be new, dealing with an emergency situation is not, he said. Aaronson added that many of NERC's recommendations are based on what companies are already doing.

"We have heightened awareness given the circumstances, and we have messaging to employees all the way up and down the chain — from CEOs to frontline workers — that: given this time of heightened awareness and potential vulnerability, we have to practice hygiene both of the personal and cyber variety," said Aaronson.

Aaronson said that the ESCC had another call this week with the departments of Energy and Homeland Security and the Centers for Disease Control and Prevention to stay on top of the issue.

Hacking concerns
In a cybersecurity event yesterday, Lisa Monaco, co-chair of the Aspen Cybersecurity Group and former homeland security adviser during the Obama administration, warned that the coronavirus should be considered a national security threat.

"Frankly, [pandemic] is the thing that kept me up at night amongst many, many things that kept me up at night for four years in the White House," Monaco said.

Monaco went on to say the virus will strain organizations' IT infrastructure as more employees work remotely and households face higher electricity bills, and lead to "potentially more vulnerabilities for bad actors when it comes to cybersecurity."

On Friday, the DHS's Cybersecurity and Infrastructure Security Agency released advice on steps that can be taken to lessen the virus's impact on supply chains and cybersecurity, as well as tips for defending against scams exploiting coronavirus fears.

Cybersecurity firms also have been reporting a dramatic increase in spear-phishing attacks, with hackers reportedly using the coronavirus topic as a lure to trick victims into clicking a malicious link. Whether it's hackers aiming at industries susceptible to shipping disruptions, attacking countries like Italy hit particularly hard by the virus or even masquerading as the World Health Organization, cybercriminals are taking full advantage of the crisis, experts say.

Greg Young, vice president of cybersecurity at Trend Micro, said businesses should continue to expect an increase in targeted phishing attacks.

"With a large majority of businesses switching to a work-from-home model and less emphasis on in-person meetings, we also anticipate that malicious actors will start to impersonate digital tools such as 'free' remote conferencing services and other cloud computing software," said Young.

Working from home can be especially risky, as often home networks are less secure than corporate offices, Young said — meaning a hacker aiming to get into an enterprise network could find an "easier attack path" from a home office.

The Department of Energy is asking employees to make sure they can work remotely when needed, even as some agencies set limits with EPA telework policy, including updating security questions and asking those with government-furnished laptops to be sure they have a VPN, or virtual private network, account. In a post added this week to the agency's website, Chief Information Officer Rocky Campione said the department over the next two weeks will be initiating steps to ensure there is adequate network capacity to carry out DOE's work.

"Ensuring the continued operations of the department's many varied missions requires diligence," Campione said.

 

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Tunisia moves ahead with smart electricity grid

Tunisia Smart Grid Project advances with an AFD loan as STEG deploys smart meters in Sfax, upgrades grid infrastructure, boosts energy efficiency, curbs losses, and integrates renewable energy through digitalization and advanced communication systems.

 

Key Points

A national program funded by an AFD $131.7M loan to modernize STEG, deploy smart meters, and integrate renewable energy.

✅ 430,000 smart meters in Sfax during phase one

✅ 20-year AFD loan with 7-year grace period

✅ Cuts losses, improves efficiency, enables renewables

 

The Tunisian parliament has approved taking a $131.7 million loan from the French Development Agency for the implementation of a smart grid project.

Parliament passed legislation regarding the 400 million dinar ($131.7 million) loan plus a grant of $1.1 million.

The loan, to be repaid over 20 years with a grace period of up to 7 years, is part of the Tunisian government’s efforts to establish a strategy of energy switching aimed at reducing costs and enhancing operational efficiency.

The move to the smart grid had been postponed after the Tunisian Company of Electricity and Gas (STEG) announced in March 2017 that implementation of the first phase of the project would begin in early 2018 and cover the entire country by 2023.

STEG was to have received funding some time ago. Last year at the Africa Smart Grid Summit in Tunis, the company said it would initiate an international tender during the first quarter of 2019 to start the project.

The French funding is to be allocated to implementation of the first phase only, which will involve development of control and communication stations and the improvement of infrastructure, where regulatory outcomes such as the Hydro One T&D rates decision can influence investment planning in comparable markets.

It includes installation of 430,000 “intelligent” metres over three years in Sfax governorate in southern Tunisia. The second phase of the project is planned to extend the programme to the rest of the country.

Smart metres to be installed in homes and businesses in Sfax account for about 10% of the total number of metres to be deployed in Tunisia.

At the beginning of 2017, the Industrial Company of Metallic Articles (SIAM), a Tunisian industrial electrical equipment and machinery company, signed an agreement with Huawei for the Chinese company to supply smart electricity metres. The value of the deal was not disclosed.

The smart grid is designed to reduce power waste, reduce the number of unpaid bills, prevent consumer fraud such as power theft in India across distribution networks, improve the ecosystem and increase competitiveness in the electricity sector.

Experts said the main difference between the traditional and smart grids is the adoption of advanced infrastructure for measuring electricity consumption and for communication between the power plant and consumers. The data exchange allows power plants to coordinate electricity production with actual demand.

STEG previously indicated that it had implemented measures to ensure the transition to the smart grid, especially since digitalisation is playing an important role in the energy sector.

The project, which translates Tunisia’s energy plans in the form of a partnership between the public and private sectors, aims at reaching 30% of the country’s electricity need from renewable sources by 2025, even as entities like the TVA face climate goals scrutiny that can affect electricity rates in other markets.

The development of the smart grid will allow STEG to monitor consumption patterns, detect abuses and remotely monitor the grid’s power supply, at a time when regulators have questioned UK network profits to spur efficiency, underscoring the value of transparency.

“The smart grid will change the face of the energy system towards the use of renewable energies,” said Tunisian Industry Minister Slim Feriani. At the forum on alternative energies, he pointed out that energy sector digitisation requires investments in technology and a change in the consumption mentality, as new entrants consider roles like Tesla electricity retailer plans in advanced markets.

Official data indicate that Tunisia’s energy deficit accounts for one-third of the country’s annual trade deficit, which reached record levels of more than $6 billion last year.

STEG, whose debts have reached $329 million over the past eight years, a situation resembling Manitoba Hydro debt pressures in Canada, has not disclosed when and how funding would be secured for the completion of the second phase. The company insists it is working to prevent further losses and to collect its unpaid bills.

STEG CEO Moncef Harrabi, earlier this year, said: “The current situation of the company has forced us to take immediate action to reduce the worsening of the crisis and stop the financial bleeding caused by losses.”

He said the company had repeatedly asked the government to pay subsidy instalments due to the company and to enact binding decisions to force government institutions and departments to pay electricity bills, while elsewhere measures like Thailand power bill cuts have been used to support consumers.

The Tunisian government has yet to disburse the subsidy instalments due STEG for 2018 and 2019, which amount to $658 million. STEG also imports natural gas from Algeria for its power plants at a cost of $1.1 billion a year.

 

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Court quashes government cancellation of wind farm near Cornwall

Nation Rise Wind Farm Ruling overturns Ontario cancellation, as Superior Court finds the minister's decision unreasonable; EDP Renewables restarts 100-megawatt project near Cornwall, citing jobs, clean energy, and procedural fairness over bat habitat concerns.

 

Key Points

Ontario court quashes cancellation, letting EDP Renewables finish 100 MW Nation Rise project and resume clean energy.

✅ Judges call minister's decision unreasonable, unfair

✅ EDP Renewables to restart construction near Cornwall

✅ 100 MW, 29 turbines; costs awarded, appeal considered

 

Construction of a wind farm in eastern Ontario, as wind power makes gains nationwide, will move ahead after a court quashed a provincial government decision to cancel the project.

In a ruling released Wednesday, a panel of Ontario Superior Court judges said the province's decision to scrap the Nation Rise Wind Farm in December 2019 did not meet the proper requirements.

At the time, Environment Minister Jeff Yurek revoked the approvals of the project near Cornwall, Ont., citing the risk to three bat species.

That decision came despite a ruling from the province's Environmental Review Tribunal that determined the risk the project posed to the bat population was negligible.

The judges said the minister's decision was "unreasonable" and "procedurally unfair."

"The decision does not meet requirements of transparency, justification, and intelligibility, as the Minister has failed to adequately explain his decision," the judges wrote in their decision.

The company behind the project, EDP Renewables, said the 29-turbine wind farm was almost complete when its approval was revoked in December, even as Alberta saw TransAlta scrap a wind farm in a separate development.

The company said Thursday it plans to restart construction on the 100-megawatt wind farm.

"EDPR is eager to recommence construction of the Nation Rise Wind Farm, which will bring much-needed jobs and investment to the community," the company said in a statement. "This delay has resulted in unnecessary expenditures to-date, at a time when governments and businesses should be focused on reducing costs and restarting the economy."

A spokesman for Yurek said the government is disappointed with the outcome of the case but did not comment on a possible appeal.

"At this time, we are reviewing the decision and are carefully considering our next steps," Andrew Buttigieg said in a statement.

NDP climate change critic Peter Tabuns said the court decision is an embarrassment for the minister and the government. He urged the government not to pursue an appeal.

Yurek "was found to have ignored the evidence and the facts," he said. "They didn't just lose, their case collapsed. They had nothing to stand on. Taking this to appeal would be a complete and total waste of money."

Green party Leader Mike Schreiner said the ruling proves the government was acting based on ideology over evidence when it revoked the project's approval.

"As we shift towards a post-COVID recovery, we need the Ford government to give up the irrational crusade against affordable and reliable clean energy," Schreiner said in a statement.

Last year, the NDP revealed the province had spent $231 million to cancel more than 750 renewable energy contracts, a move Ford said he was proud of, shortly after winning the 2018 election.

The Progressive Conservatives have blamed the previous Liberal government, as leadership candidates debate how to fix power, for signing the bad energy deals while the province had an oversupply of electricity.

The Ford government, amid a new stance on wind power, has also said that by cancelling the contracts it would ultimately save ratepayers $790 million -- a figure industry officials have disputed.

At the time of the wind farm cancellation, the government also said it would introduce legislation that would protect consumers from any costs incurred, though a developer warned cancellations could exceed $100M at the time.

It has since acknowledged it will have to pay some companies to cancel the deals and set aside $231 million to reach agreements with those firms, and more recently has moved to reintroduce renewable projects in some cases.

On Wednesday, the judges awarded Nation Rise $126,500 in costs, which the government will have to pay.

 

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