Court rulings delay power projects

By Globe and Mail


CSA Z463 Electrical Maintenance

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$249
Coupon Price:
$199
Reserve Your Seat Today
Two major power projects approved by the British Columbia Utilities Commission have been delayed by rulings issued by the B.C. Court of Appeal.

In separate judgments handed down recently, the court found the B.C. Utilities Commission erred in not determining whether natives had been adequately consulted over an Electricity Purchase Agreement (EPA), involving BC Hydro and Rio Tinto Alcan Inc., and over a new power line proposed by the British Columbia Transmission Corporation, from Merritt to Coquitlam.

One case involved a decision by the commission to reject a motion by the Carrier Sekani Tribal Council concerning a 2007 BC Hydro application for an EPA. The EPA would have cleared the way for BC Hydro to purchase surplus electricity from Rio Tinto Alcan Inc.

The power is generated by the diversion of water created by the Kemano power project, which was built by Alcan in the 1950s.

The Carrier Sekani argued that accepting the EPA would be a jurisdictional error because the band wasn't consulted initially, when the power project was first built. The water diversion flooded native graveyards and caused declines in important salmon and sturgeon fisheries.

The band argued there was a "historical, continuing infringement of aboriginal title and rights."

The B.C. Utilities Commission, however, rejected the Carrier Sekani position on the grounds that there were no new physical impacts created by the EPA.

But the court disagreed with that decision, saying BC Hydro had been "taking commercial advantage of an assumed infringement on a massive scale, without consultation."

The court ruled that the B.C. Utilities Commission must reopen the application for an EPA, so that it can consider whether a duty to consult with the Carrier Sekani had ever been met.

In the second case, the Court of Appeal found that the Kwikwetlem First Nation had not been adequately consulted over a 246-kilometre power line that the B.C. Transmission Corporation proposed to build from Merritt to Coquitlam.

The line would pass through the traditional territory of several bands, but the courts found the B.C. Utilities Commission had failed to assess whether there was adequate consultation.

"Consultation requires an interactive process with efforts by both the Crown actor and the potentially affected First Nations to reconcile what may be competing interests. It is not just a process of gathering and exchanging information. It may require the Crown to make changes to its proposed action based on information obtained through consultations. It may require accommodation," the court stated.

The court ordered the utilities commission to "reconsider the scoping decision" approving the transmission line.

Related News

New Program Set to Fight for 'Electricity Future That Works for People and the Planet'

Energy Justice Program drives a renewables-based transition, challenging utility monopolies with legal action, promoting rooftop solar, distributed energy, public power, and climate justice to decarbonize the grid and protect communities and wildlife nationwide.

 

Key Points

A climate justice initiative advancing renewables, legal action, and public power to challenge utility monopolies.

✅ Challenges utility barriers to rooftop solar and distributed energy

✅ Advances state and federal policies for equitable, public power

✅ Uses litigation to curb fossil fuel dependence and protect communities

 

The Center for Biological Diversity on Monday rolled out a new program to push back against the nation's community- and wildlife-harming energy system that the climate advocacy group says is based on fossil fuels and a "centralized monopoly on power."

The goal of the new effort, the Energy Justice Program, is to help forge a path towards a just and renewables-based energy future informed by equitable regulation principles.

"Our broken energy system threatens our climate and our future," said Jean Su, the Energy Justice Program's new director, in a statement. "Utilities were given monopolies to ensure public access to electricity, but these dinosaur corporations are now hurting the public interest by blocking the clean energy transition, including via coal and nuclear subsidy schemes that profit off the fossil fuel era."

"In this era of climate catastrophe," she continued, "we have to stop these outdated monopolies and usher in a new electricity future that works for people and the planet."

To meet those goals, the new program will pursue a number of avenues, including using legal action to fight utilities' obstruction of clean energy efforts, helping communities advance local solar programs through energy freedom strategies in the South, and crafting energy policies on the state, federal, and international levels in step with commitments from major energy buyers to achieve a 90% carbon-free goal by 2030.

Some of that work is already underway. In June the Center filed a brief with a federal court in a bid to block Arizona power utility Salt River Project from slapping a 60-percent electricity rate hike on rooftop solar customers—amid federal efforts to reshape electricity pricing that critics say are being rushed—a move the group described (pdf) as an obstacle to achieving "the energy transition demanded by climate science."

The Center is among the groups in Energy Justice NC. The diverse coalition seeks to end the energy stranglehold in North Carolina held by Duke Energy, which continues to invest in fossil fuel projects even as it touts clean energy and grid investments in the region.

The time for a new energy system, says the Energy Justice Program, is now, as climate change impacts increasingly strain the grid.

"Amid this climate and extinction emergency," said Su, "the U.S. can't afford to stick with the same centralized, profit-driven electricity system that drove us here in the first place. We have to seize this once-in-a-generation opportunity to design a new system of accountable, equitable, truly public power."

 

Related News

View more

Canadian Gov't and PEI invest in new transmission line to support wind energy production

Skinners Pond Transmission Line expands PEI's renewable energy grid, enabling wind power integration, grid reliability, and capacity for the planned 40 MW windfarm, funded through the Green Infrastructure Stream to support sustainable economic growth.

 

Key Points

A 106-km grid project enabling PEI wind power, increasing capacity and reliability, linking Skinners Pond to Sherbrooke.

✅ 106-km line connects Skinners Pond to Sherbrooke substation

✅ Integrates 40 MW windfarm capacity by 2025

✅ Funded by Canada and PEI via Green Infrastructure Stream

 

The health and well-being of Canadians are the top priorities of the Governments of Canada and Prince Edward Island. But the COVID-19 pandemic has affected more than Canadians' personal health. It is having a profound effect on the economy.

That is why governments have been taking decisive action together to support families, businesses and communities, and continue to look ahead to planning for our electricity future and see what more can be done.

Today, Bobby Morrissey, Member of Parliament for Egmont, on behalf of the Honourable Catherine McKenna, Minister of Infrastructure and Communities, the Honourable Dennis King, Premier of Prince Edward Island, the Honourable Dennis King, Premier of Prince Edward Island, and the Honourable Steven Myers, Prince Edward Island Minister of Transportation, Infrastructure and Energy, announced funding to build a new transmission line from Sherbrooke to Skinners Pond, as part of broader Canadian collaboration on clean energy, with several premiers nuclear reactor technology to support future needs as well.

The new 106-kilometre transmission line and its related equipment will support future wind energy generation projects in western Prince Edward Island, complementing the Eastern Kings wind farm expansion already advancing. Once completed, the transmission line will increase the province's capacity to manage the anticipated 40 megawatts from the future Skinner's Pond Windfarm planned for 2025 and provide connectivity to the Sherbrooke substation to the northeast of Summerside.

The Government of Canada is investing $21.25 million and the Government of Prince Edward Island is providing $22.75 million in this project, reflecting broader investments in new turbines across Canada, through the Green Infrastructure Stream (GIS) of the Investing in Canada infrastructure program.

This projects is one in a series of important project announcements that will be made across the province over the coming weeks. The Governments of Canada and Prince Edward Island are working cooperatively to support jobs, improve communities and build confidence, while safely and sustainably restoring economic growth, as Nova Scotia increases wind and solar projects across the region.

"Investing in renewable energy infrastructure is essential to building healthy, inclusive, and resilient communities. The new Skinners Pond transmission line will support Prince Edward Island's production of green energy, focusing on wind resources rather than expanded biomass use in the mix. Projects like this also support economic growth and help us build a greener future for the next generation of Islanders."

Bobby Morrissey, Member of Parliament for Egmont, on behalf of the Honourable Catherine McKenna, Minister of Infrastructure and Communities

"We live on an Island that has tremendous potential in further developing renewable energy. We have an opportunity to become more sustainable and be innovative in our approach, and learn from regions where provinces like Manitoba have clean energy to help neighbouring provinces through interties. The strategic investment we are making today in the Skinner's Pond transmission line will allow Prince Edward Island to further harness the natural power of wind to create clean, locally produced and locally used energy that will benefit of all Islanders."

 

Related News

View more

With New Distributed Energy Rebate, Illinois Could Challenge New York in Utility Innovation

Illinois NextGrid redefines utility, customer, and provider roles with grid modernization, DER valuation, upfront rebates, net metering reform, and non-wires alternatives, leveraging rooftop solar, batteries, and performance signals to enhance reliability and efficiency.

 

Key Points

Illinois NextGrid is an ICC roadmap to value DER and modernize the grid with rebates and non-wires solutions.

✅ Upfront Value-of-DER rebates reward location, time, and performance.

✅ Locational DER reduce peak demand and defer wires and substations.

✅ Encourages non-wires alternatives and data-driven utility planning.

 

How does the electric utility fit in to a rapidly-evolving energy system? That’s what the Illinois Commerce Commission is trying to determine with its new effort, "NextGrid". Together, we’re rethinking the roles of the utility, the customer, and energy solution providers in a 21st-century digital grid landscape.

In some ways, NextGrid will follow in the footsteps of New York’s innovative Reforming the Energy Vision process, a multi-year effort to re-examine how electric utilities and customers interact. A new approach is essential to accelerating the adoption of clean energy technologies and building a smarter electricity infrastructure in the state.

Like REV, NextGrid is gaining national attention for stakeholder-driven processes to reveal new ways to value distributed energy resources (DER), like rooftop solar and batteries. New York and Illinois’ efforts also seek alternatives, such as virtual power plants, to simply building more and more wires, poles, and power plants to meet the energy needs of tomorrow.

Yet, Illinois is may go a few steps beyond New York, creating a comprehensive framework for utilities to measure how DER are making the grid smarter and more efficient. Here is what we know will happen so far.

On Wednesday, April 5, at the second annual Grid Modernization Forum in Chicago, I’ll be discussing why these provisions could change the future of our energy system, including insights on grid modernization affordability for stakeholders.

 

Value of distributed energy

The Illinois Commerce Commission’s NextGrid plans grew out of the recently-passed future energy jobs act, a landmark piece of climate and energy policy that was widely heralded as a bipartisan oddity in the age of Trump. The Future Energy Jobs Act will provide significant new investments in renewables and energy efficiency over the next 13 years, redefine the role and value of rooftop solar and batteries on the grid, and lead to significant greenhouse gas emission reductions.

NextGrid will likely start laying the groundwork for valuing distributed energy resources (DER) as envisioned by the Future Energy Jobs Act, which introduces the concept of a new rebate. Illinois currently has a net metering policy, which lets people with solar panels sell their unused solar energy back to the grid to offset their electric bill. Yet the net metering policy had an arbitrary “cap,” or a certain level after which homes and businesses adding solar panels would no longer be able to benefit from net metering.

Although Illinois is still a few years away from meeting that previous “cap,” when it does hit that level, the new policy will ensure additional DER will still be rewarded. Under the new plan, the Value-of-DER rebate will replace net metering on the distribution portion of a customer’s bill (the charge for delivering electricity from the local substation to your house) with an upfront payment, which credits the customer for the value their solar provides to the local grid over the system’s life. Net metering for the energy supply portion of the bill would remain – i.e. homes and businesses would still be able to offset a significant portion of their electric bills by selling excess energy.

What is unique about Illinois’ approach is that the rebate is an upfront payment, rather than on ongoing tariff or reduced net metering compensation, for example. By allowing customers to get paid for the value solar provides to the system at the time it is installed, in the same way new wires, poles, and transformers would, this upfront payment positions DER investments as equally or more beneficial to customers and the electric grid. This is a huge step not only for regulators, but for utilities as well, as they begin to see distributed energy as an asset to the system.

This is a huge step for utilities, as they begin to see distributed energy as an asset to the system.

The rebate would also factor-in the variables of location, time, and performance of DER in the rebate formula, allowing for a more precise calculation of the value to the grid. Peak electricity demand can stress the local grid, causing wear and tear and failure of the equipment that serve our homes and businesses. Power from DER during peak times and in certain areas can alleviate those stresses, therefore providing a greater value than during times of average demand.

In addition, factoring-in the value of performance will take into account the other functions of distributed energy that help keep the lights on. For example, batteries and advanced inverters can provide support for helping avoid voltage fluctuations that can cause outages and other costs to customers.

 

Related News

View more

US power coalition demands action to deal with Coronavirus

Renewable Energy Tax Incentive Extensions urged by US trade groups to offset COVID-19 supply chain delays, tax equity shortages, and financing risks, enabling direct pay, PTC and ITC qualification, and standalone energy storage credits.

 

Key Points

Policy measures that extend and monetize clean energy credits to counter COVID-19 disruptions and financing shortfalls.

✅ Extend start construction and safe harbor deadlines

✅ Enable direct pay to offset reduced tax equity

✅ Add a standalone energy storage credit

 

Renewable energy and other trade bodies in the US are calling on Capitol Hill to extend provision of tax incentives to help the sector “surmount the impacts” of the COVID-19 crisis facing clean energy.

In a signed joint letter, the American Council on Renewable Energy (ACORE), American Wind Energy Association (AWEA), Energy Storage Association (ESA), National Hydropower Association (NHA), Renewable Energy Buyers Alliance (REBA), and the Solar Energy Industries Association (SEIA) stated: “With over $50bn in annual investment over each of the past five years, the clean energy sector is one of the nation’s most important economic drivers. But that growth is placed at risk by a range of COVID-19 related impacts”.

These include “supply chain disruptions that have the potential to delay utility solar construction timetables and undermine the ability of wind, solar and hydropower developers to qualify for time-sensitive tax credits, and a sudden reduction in the availability of tax equity, which is crucial to monetising tax credits and financing clean energy projects of all types.”
The letter goes onto state: “Like all sectors of our economy the renewable and clean grid industry – including developers, manufacturers, construction workers, electric utilities, investors and major corporate consumers of renewable power – needs stability.

“The current uncertainty about the ability to qualify for and monetise tax incentives will have real and substantial negative impacts to the entire economy.

On behalf of the thousands of companies that participate in America’s renewable and clean energy economy, the coalition of organisations is requesting the US Government, echoing Senate calls to support clean energy, take three “critical” steps to address pandemic-related disruptions.

The first is an extension of start construction and safe harbour deadlines to ensure that renewable projects can qualify for renewable tax credits amid the Solar ITC extension debate and despite delays associated with supply chain disruptions.

The second is the implementation of provisions that will allow renewable tax credits to be available for direct pay to facilitate their monetisation, supporting U.S. solar and wind growth in the face of reduced availability of tax equity.

Thirdly, the signatories have requested the enactment of a direct pay tax credit for standalone energy storage to foster renewable growth as the industry sets sights on market majority and help secure a more resilient grid.

 

Related News

View more

Explainer: Europe gets ready to revamp its electricity market

EU Electricity Market Reform seeks to curb gas-driven volatility by expanding CfDs and PPAs, decoupling power from gas, and aligning consumer bills with low-cost renewables and nuclear, as Brussels advances market redesign.

 

Key Points

An EU plan to curb price spikes by expanding long-term contracts and tying bills to cheap renewables.

✅ Expands CfDs and PPAs to lock in predictable power prices

✅ Aims to decouple bills from gas-driven wholesale volatility

✅ Seeks investment certainty for renewables, nuclear, and grids

 

European Union energy ministers meet on Monday to debate upcoming power market reforms. Brussels is set to propose the revamp next month, but already countries are split over how to "fix" the energy system - or whether it needs fixing at all.

Here's what you need to know.


POST-CRISIS CHANGES
The European Commission pledged last year to reform the EU's electricity market rules, after record-high gas prices - caused by cuts to Russian gas flows - sent power prices soaring during an energy crisis for European companies and citizens.

The aim is to reform the electricity market to shield consumer energy bills from short-term swings in fossil fuel prices, and make sure that Europe's growing share of low-cost renewable electricity translates into lower prices, even though rolling back electricity prices poses challenges for policymakers.

Currently, power prices in Europe are set by the running cost of the plant that supplies the final chunk of power needed to meet overall demand. Often, that is a gas plant, so gas price spikes can send electricity prices soaring.

EU countries disagree on how far the reforms should go.

Spain, France and Greece are among those seeking a deep reform.

In a document shared with EU countries, seen by Reuters, Spain said the reforms should help national regulators to sign more long-term contracts with electricity generators to pay a fixed price for their power.

Nuclear and renewable energy producers, for example, would receive a "contract for difference" (CfD) from the government to provide power during their lifespan - potentially decades - at a stable price that reflects their average cost of production.

Similarly, France suggests, as part of a new electricity pricing scheme, requiring energy suppliers to sign long-term, fixed-price contracts with power generators - either through a CfD, or a private Power Purchase Agreement (PPA) between the parties.

French officials say this would give the power plant owner predictable revenue, while enabling consumers to have part of their energy bill comprised of this more stable price.

Germany, Denmark, Latvia and four other countries oppose a deep reform, and, as nine EU countries oppose reforms overall, have warned the EU against a "crisis mode" overhaul of a complex system that has taken decades to develop.

They say Europe's existing power market is functioning well, and has fostered years of lower power prices, supported renewable energy and helped avoid energy shortages.

Those countries support only limited tweaks, such as making it easier for consumers to choose between fluctuating and fixed-price power contracts.


'DECOUPLE' PRICES?
The Commission initially pitched the reform as a chance to "decouple" gas and power prices in Europe, suggesting a redesign of the current system of setting power prices. But EU officials say Brussels now appears to be leaning towards more modest changes.

A public consultation on the reforms last month steered clear of a deep energy market intervention. Rather, it suggested expanding Europe's use of long-term contracts, outlining a plan for more fixed-price contracts that provide power plants with a fixed price for their electricity, like CfDs or PPAs.

The Commission said this could be done by setting EU-wide rules for CfDs and letting countries voluntarily use them, or require new state-funded power plants to sign CfDs. The consultation mooted the idea of forcing existing power plants to sign CfDs, but said this could deter much-needed investments in renewable energy.


RISKS, REWARDS
Pro-reform countries like Spain say a revamped power market will bring down energy prices for consumers, by matching their bills more closely with the true cost of producing lower-carbon electricity.

France says the aim is to secure investment in low-carbon energy including renewables, and nuclear plants like those Paris plans to build. It also says lowering power prices should be part of Europe's response to massive industrial subsidies in the United States and China - by helping European firms keep a competitive edge.

But sceptics warn that drastic changes to the market could knock confidence among investors, putting at risk the hundreds of billions of euros in renewable energy investments the EU says are needed to quit Russian fossil fuels under its plan to dump Russian energy and meet climate goals.

Energy companies including Engie (ENGIE.PA), Orsted (ORSTED.CO) and Iberdrola (IBE.MC) have said making CfDs mandatory or imposing them retroactively on existing power plants could deter investment and trigger litigation from energy companies.


POLITICAL DEBATE
EU countries' energy ministers discuss the reforms on Monday, before formal negotiations begin.

The Commission, which drafts EU laws, plans to propose the reforms on Mar. 14. After that, EU countries and lawmakers negotiate the final law, which must win majority support from European Parliament lawmakers and a reinforced majority of at least 15 countries.

Negotiations on major EU legislation often take more than a year, but some countries are pushing for a fast-tracked deal. France wants the law to be finished this year.

That has already hit resistance from countries like Germany, highlighting a France-Germany tussle over the scope of reform as they say deeper changes cannot be rushed through, and they would need an "in-depth impact assessment" - something the Commission's upcoming proposal is not expected to include, because it has been drafted so quickly.

The timeline is further complicated by European Parliament elections in 2024. That has raised concerns in reform-hungry states that failure to strike a deal before the election could significantly delay the reforms, if negotiations have to pause until a new EU parliament is elected.

 

Related News

View more

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.

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2025 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified