Shareholder sues Vestas in U.S.

By Reuters


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A pension fund has launched a class action lawsuit against Denmark's Vestas in the United States claiming the company gave misleading information that artificially inflated its share price.

Vestas, the world's largest wind turbine maker, said the complaint related to a change in its accounting policy last year and was without merit.

Vestas said the lawsuit was brought by a pension fund, which it declined to name, and it intended to defend itself vigorously.

In November 2010, Vestas adopted a new accounting policy that affected revenue recognition from a certain kind of contract and affected historic revenues up to the end of September 2010.

The change reduced equity by 739 million euros $1.05 billion and was heavily criticized by some analysts.

The company said the lawsuit filed in Federal district court in Colorado named Vestas and certain of its directors and officers as defendants. It did not identify the individuals.

"The company has reviewed the complaint with its legal and other advisors and believes that the complaint is without merit," Vestas Wind Systems A/S said. "The company and the individual defendants intend to defend themselves vigorously."

U.S. law firm Robbins Geller Rudman & Dowd LLP said in a statement that it brought a class action on behalf of an institutional investor in the U.S. District Court for the District of Colorado for purchasers of Vestas securities during the period between October 27, 2009 and October 25, 2010.

"The complaint charges Vestas and certain of its officers and directors with violations of the Securities Exchange Act of 1934," Robbins Geller Rudman & Dowd said.

"The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company's financial revenues and earnings, as well as its fiscal year 2010 financial guidance," the law firm said.

As a result, the law firm for the plaintiffs said, "Vestas' American Depository Receipts ADRs and ordinary shares traded at artificially inflated prices throughout the Class Period, reaching a high of $26.00 and $78.05 per share, respectively, on November 9, 2009."

"Plaintiff seeks to recover damages on behalf of all purchasers of Vestas securities during the Class Period," the law firm said.

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Electric Cooperatives, The Lone Shining Utility Star Of The Texas 2021 Winter Storm

Texas Electric Cooperatives outperformed during Winter Storm Uri, with higher customer satisfaction, equitable rolling blackouts, and stronger grid reliability compared to deregulated markets, according to ERCOT-area survey data of regulated utilities and commercial providers.

 

Key Points

Member-owned utilities in Texas delivering power, noted for reliability and fair outages during Winter Storm Uri.

✅ Member-owned, regulated utilities serving local communities

✅ Rated higher for blackout management and communication

✅ Operate outside deregulated markets; align incentives with users

 

Winter Storm Uri began to hit parts of Texas on February 13, 2021 and its onslaught left close to 4.5 million Texas homes and businesses without power, and many faced power and water disruptions at its peak. By some accounts, the preliminary number of deaths attributed to the storm is nearly 200, and the economic toll for the Lone Star State is estimated to be as high as $295 billion. 

The more than two-thirds of Texans who lost power during this devastating storm were notably more negative than positive in their evaluation of the performance of their local electric utility, mirrored by a rise in electricity complaints statewide, with one exception. That exception are the members of the more than 60 electric cooperatives operating within the Texas Interconnection electrical grid, which, in sharp contrast to the customers of the commercial utilities that provide power to the majority of Texans, gave their local utility a positive evaluation related to its performance during the storm.

In order to study Winter Storm Uri’s impact on Texas, the Hobby School of Public Affairs at the University of Houston conducted an online survey during the first half of March of residents 18 and older who live in the 213 counties (91.5% of the state population) served by the Texas power grid, which is managed by the Electric Reliability Council of Texas (ERCOT). 

Three-quarters of the survey population (75%) live in areas with a deregulated utility market, where a specified transmission and delivery utility by region is responsible for delivering the electricity (purchased from one of a myriad of private companies by the consumer) to homes and businesses. The four main utility providers are Oncor, CenterPoint CNP -2.2%, American Electric Power (AEP) North, and American Electric Power (AEP) Central. 

The other 25% of the survey population live in areas with regulated markets, where a single company is responsible for both delivering the electricity to homes and businesses and serves as the only source from which electricity is purchased. Municipal-owned and operated utilities (e.g., Austin Energy, Bryan Texas Utilities, Burnet Electric Department, Denton Municipal Electric, New Braunfels Utilities, San Antonio’s CPS Energy CMS -2.1%) serve 73% of the regulated market. Electric cooperatives (e.g., Bluebonnet Electric Cooperative, Central Texas Electric Cooperative, Guadalupe Valley Cooperative, Lamb County Electric Cooperative, Pedernales Electricity Cooperative, Wood County Electric Cooperative) serve one-fifth of this market (21%), with private companies accounting for 6% of the regulated market.

The overall distribution of the survey population by electric utility providers is: Oncor (38%), CenterPoint (21%), municipal-owned utilities (18%), AEP Central & AEP North combined (12%), electric cooperatives (6%), other providers in the deregulated market (4%) and other providers in the regulated market (1%). 

There were no noteworthy differences among the 31% of Texans who did not lose power during the winter storm in regard to their evaluations of their local electricity provider or their belief that the power cuts in their locale were carried out in an equitable manner.  

However, among the 69% of Texans who lost power, those served by electric cooperatives in the regulated market and those served by private electric utilities in the deregulated market differed notably regarding their evaluation of the performance of their local electric utility, both in regard to their management of the rolling blackouts, amid debates over market reforms to avoid blackouts, and to their overall performance during the winter storm. Those Texans who lost power and are served by electric cooperatives in a regulated market had a significantly more positive evaluation of the performance of their local electric utility than did those Texans who lost power and are served by a private company in a deregulated electricity market. 

For example, only 24% of Texans served by electric cooperatives had a negative evaluation of their local electric utility’s overall performance during the winter storm, compared to 55%, 56% and 61% of those served by AEP, Oncor and CenterPoint respectively. A slightly smaller proportion of Texans served by electric cooperatives (22%) had a negative evaluation of their local electric utility’s performance managing the rolling blackouts during the winter storm, compared to 58%, 61% and 71% of Texans served by Oncor, AEP and CenterPoint, respectively.

Texans served by electric cooperatives in regulated markets were more likely to agree that the power cuts in their local area were carried out in an equitable manner compared to Texans served by commercial electricity utilities in deregulated markets. More than half (52%) of those served by an electric cooperative agreed that power cuts during the winter storm in their area were carried out in an equitable manner, compared to only 26%, 23% and 23% of those served by Oncor, AEP and CenterPoint respectively

The survey data did not allow us to provide a conclusive explanation as to why the performance during the winter storm by electric cooperatives (and to a much lesser extent municipal utilities) in the regulated markets was viewed more favorably by their customers than was the performance of the private companies in the deregulated markets viewed by their customers. Yet here are three, far from exhaustive, possible explanations.

First, electric cooperatives might have performed better (based on objective empirical metrics) during the winter storm, perhaps because they are more committed to their customers, who are effectively their bosses. .  

Second, members of electric cooperatives may believe their electric utility prioritizes their interests more than do customers of commercial electric utilities and therefore, even if equal empirical performance were the case, are more likely to rate their electric utility in a positive manner than are customers of commercial utilities.  

Third, regulated electric utilities where a single entity is responsible for the commercialization, transmission and distribution of electricity might be better able to respond to the type of challenges presented by the February 2021 winter storm than are deregulated electric utilities where one entity is responsible for commercialization and another is responsible for transmission and distribution, aligning with calls to improve electricity reliability across Texas.

Other explanations for these findings may exist, which in addition to the three posited above, await future empirical verification via new and more comprehensive studies designed specifically to study electric cooperatives, large commercial utilities, and the incentives that these entities face under the regulatory system governing production, commercialization and distribution of electricity, including rulings that some plants are exempt from providing electricity in emergencies under state law. 

Still, opinion about electricity providers during Winter Storm Uri is clear: Texans served by regulated electricity markets, especially by electric cooperatives, were much more satisfied with their providers’ performance than were those in deregulated markets. Throughout its history, Texas has staunchly supported the free market. Could Winter Storm Uri change this propensity, or will attempts to regulate electricity lessen as the memories of the storm’s havoc fades? With a hotter summer predicted to be on the horizon in 2021 and growing awareness of severe heat blackout risks, we may soon get an answer.   

 

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How Bitcoin's vast energy use could burst its bubble

Bitcoin Energy Consumption drives debate on blockchain mining, proof-of-work, carbon footprint, and emissions, with CCAF estimates in terawatt hours highlighting electricity demand, fossil fuel reliance, and sustainability concerns for data centers and cryptocurrency networks.

 

Key Points

Electricity used by Bitcoin proof-of-work mining, often fossil-fueled, estimated by CCAF in terawatt hours.

✅ CCAF: 40-445 TWh, central estimate ~130 TWh

✅ ~66% of mining electricity sourced from fossil fuels

✅ Proof-of-work increases hash rate, energy, and emissions

 

The University of Cambridge Centre for Alternative Finance (CCAF) studies the burgeoning business of cryptocurrencies.

It calculates that Bitcoin's total energy consumption is somewhere between 40 and 445 annualised terawatt hours (TWh), with a central estimate of about 130 terawatt hours.

The UK's electricity consumption is a little over 300 TWh a year, while Argentina uses around the same amount of power as the CCAF's best guess for Bitcoin, as countries like New Zealand's electricity future are debated to balance demand.

And the electricity the Bitcoin miners use overwhelmingly comes from polluting sources, with the U.S. grid not 100% renewable underscoring broader energy mix challenges worldwide.

The CCAF team surveys the people who manage the Bitcoin network around the world on their energy use and found that about two-thirds of it is from fossil fuels, and some regions are weighing curbs like Russia's proposed mining ban amid electricity deficits.

Huge computing power - and therefore energy use - is built into the way the blockchain technology that underpins the cryptocurrency has been designed.

It relies on a vast decentralised network of computers.

These are the so-called Bitcoin "miners" who enable new Bitcoins to be created, but also independently verify and record every transaction made in the currency.

In fact, the Bitcoins are the reward miners get for maintaining this record accurately.

It works like a lottery that runs every 10 minutes, explains Gina Pieters, an economics professor at the University of Chicago and a research fellow with the CCAF team.

Data processing centres around the world, including hotspots such as Iceland's mining strain, race to compile and submit this record of transactions in a way that is acceptable to the system.

They also have to guess a random number.

The first to submit the record and the correct number wins the prize - this becomes the next block in the blockchain.

Estimates for bitcoin's electricity consumption
At the moment, they are rewarded with six-and-a-quarter Bitcoins, valued at about $50,000 each.

As soon as one lottery is over, a new number is generated, and the whole process starts again.

The higher the price, says Prof Pieters, the more miners want to get into the game, and utilities like BC Hydro suspending new crypto connections highlight grid pressures.

"They want to get that revenue," she tells me, "and that's what's going to encourage them to introduce more and more powerful machines in order to guess this random number, and therefore you will see an increase in energy consumption," she says.

And there is another factor that drives Bitcoin's increasing energy consumption.

The software ensures it always takes 10 minutes for the puzzle to be solved, so if the number of miners is increasing, the puzzle gets harder and the more computing power needs to be thrown at it.

Bitcoin is therefore actually designed to encourage increased computing effort.

The idea is that the more computers that compete to maintain the blockchain, the safer it becomes, because anyone who might want to try and undermine the currency must control and operate at least as much computing power as the rest of the miners put together.

What this means is that, as Bitcoin gets more valuable, the computing effort expended on creating and maintaining it - and therefore the energy consumed - inevitably increases.

We can track how much effort miners are making to create the currency.

They are currently reckoned to be making 160 quintillion calculations every second - that's 160,000,000,000,000,000,000, in case you were wondering.

And this vast computational effort is the cryptocurrency's Achilles heel, says Alex de Vries, the founder of the Digiconomist website and an expert on Bitcoin.

All the millions of trillions of calculations it takes to keep the system running aren't really doing any useful work.

"They're computations that serve no other purpose," says de Vries, "they're just immediately discarded again. Right now we're using a whole lot of energy to produce those calculations, but also the majority of that is sourced from fossil energy, and clean energy's 'dirty secret' complicates substitution."

The vast effort it requires also makes Bitcoin inherently difficult to scale, he argues.

"If Bitcoin were to be adopted as a global reserve currency," he speculates, "the Bitcoin price will probably be in the millions, and those miners will have more money than the entire [US] Federal budget to spend on electricity."

"We'd have to double our global energy production," he says with a laugh, even as some argue cheap abundant electricity is getting closer to reality today. "For Bitcoin."

He says it also limits the number of transactions the system can process to about five per second.

This doesn't make for a useful currency, he argues.

Rising price of bitcoin graphic
And that view is echoed by many eminent figures in finance and economics.

The two essential features of a successful currency are that it is an effective form of exchange and a stable store of value, says Ken Rogoff, a professor of economics at Harvard University in Cambridge, Massachusetts, and a former chief economist at the International Monetary Fund (IMF).

He says Bitcoin is neither.

"The fact is, it's not really used much in the legal economy now. Yes, one rich person sells it to another, but that's not a final use. And without that it really doesn't have a long-term future."

What he is saying is that Bitcoin exists almost exclusively as a vehicle for speculation.

So, I want to know: is the bubble about to burst?

"That's my guess," says Prof Rogoff and pauses.

"But I really couldn't tell you when."

 

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Why the Texas Power Grid Is Facing Another Crisis

Texas Power Grid Reliability faces record peak demand as ERCOT balances renewable energy, wind and solar variability, gas-fired generation, demand response, and transmission limits to prevent blackouts during heat waves and extreme weather.

 

Key Points

Texas Power Grid Reliability is ERCOT's capacity to meet peak demand with diverse resources while limiting outages.

✅ Record heat drives peak demand across ERCOT.

✅ Variable wind/solar need firm, flexible capacity.

✅ Demand response and reserves reduce blackout risk.

 

The electric power grid in Texas, which collapsed dramatically during the 2021 winter storm across the state, is being tested again as the state suffers unusually hot summer weather. Demand for electricity has reached new records at a time of rapid change in the mix of power sources as wind and solar ramp up. That’s feeding a debate about the dependability of the state’s power. 

1. Why is the Texas grid under threat again? 

Already the biggest power user in the nation, electricity use in the second most-populous state surged to record levels during heat waves this summer. The jump in demand comes as the state becomes more dependent on intermittent renewable power sources, raising concerns among some critics that more reliance on wind and solar will leave the grid more vulnerable to disruption. Green sources will produce almost 40% of the power in Texas this year, US Energy Information Administration data show. While that trails California’s 52%, Texas is a bigger market. It’s already No. 1 in wind, making it the largest clean energy market in the US. 

2. How is Texas unique? 

The spirit of defiance of the Lone Star State extends to its power grid as well. The Electric Reliability Council of Texas, or Ercot as the grid operator is known, serves about 90% of the state’s electricity needs and has very few high-voltage transmission lines connecting to nearby grids. It’s a deliberate move to avoid federal oversight of the power market. That means Texas has to be mainly self-reliant and cannot depend on neighbors during extreme conditions. That vulnerability is a dramatic twist for a state that’s also the energy capital of the US, thanks to vast oil and natural gas producing fields. Favorable regulations are also driving a wind and solar boom in Texas. 

3. Why the worry? 

The summer of 2023 will mark the first time all of the state’s needs cannot be met by traditional power plants, like nuclear, coal and gas. A sign of potential trouble came on June 20 when state officials urged residents to conserve power because of low supplies from wind farms and unexpected closures of fossil-fuel generators amid supply-chain constraints that limited availability. As of late July, the grid was holding up, thanks to the help of renewable sources. Solar generation has been coming in close to expected summer capacity, or exceeding it on most days. This has helped offset the hours in the middle of the day when wind speeds died down in West Texas. 

4. Why didn’t the grid’s problems get fixed? 

There is no easy fix. The Texas system allows the price of electricity to swing to match supply and demand. That means high prices — and high profits — drive the development of new power plants. At times spot power prices have been as low as $20-$50 a megawatt-hour versus more than $4,000 during periods of stress. The limitation of this pricing structure was laid bare by the 2021 winter blackouts. Since then, state lawmakers have passed market reforms that require weatherization of critical infrastructure and changed rules to put more money in the pockets of the owners of power generation.  

5. What’s the big challenge? 

There’s a real clash going on over what the grid of the future should look like in Texas and across the country, especially as severe heat raises blackout risks nationally. The challenge is to make sure nuclear and fossil fuel plants that are needed right now don’t retire too early and still allow newer, cleaner technologies to flourish. Some conservative Republicans have blamed renewable energy for destabilizing the grid and have pushed for more fossil-fuel powered generators. Lawmakers passed a controversial $10 billion program providing low-interest loans and grants to build new gas-fired plants using taxpayer money, but Texans ultimately have to vote on the subsidy. 


6. Why do improvements take so long? 

Figuring out how to keep the lights on without overburdening consumers is becoming a greater challenge amid more extreme weather fueled by climate change. As such, changing the rules is often a hotly contested process pitting utilities, generators, manufacturers, electricity retailers and other groups against one another. The process became more politicized after the storm in 2021 with Republican Gov. Greg Abbott and lawmakers ordering Ercot to make changes. Building more transmission lines and connecting to other states can help, but such projects are typically tied up for years in red tape.

7. What can be done? 

The price cap for electricity was cut from $9,000/MWh to $5,000 to help avoid the punitive costs seen in the 2021 storm, though prices are allowed to spike more easily. Ercot is also contracting for more reserves to be online to help avoid supply shortfalls and improve reliability for customers, which added $1.7 billion in consumer costs alone last year. Another rule helps some gas generators pay for their fuel costs, while a more recent reform put in price floors when reserves fall to certain levels. Many power experts say that the easiest solution is to pay people to reduce their energy consumption during times of grid stress through so-called demand response programs. Factories, Bitcoin miners and other large users are already compensated to conserve during tight grid conditions.

 

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Failed PG&E power line blamed for Drum fire off Hwy 246 last June

PG&E Drum Fire Cause identified as a power line failure in Santa Barbara County, with arcing electricity igniting vegetation near Buellton on Drum Canyon Road; 696 acres burned as investigators and CPUC review PG&E safety.

 

Key Points

A failed PG&E power line sparked the 696-acre Drum Fire near Buellton; the utility is conducting its own probe.

✅ Power line failed between poles, arcing ignited vegetation.

✅ 696 acres burned; no structures damaged or injuries.

✅ PG&E filed CPUC incident report; ongoing investigation.

 

A downed Pacific Gas and Electric Co. power line was the cause of the Drum fire that broke out June 14 on Drum Canyon Road northwest of Buellton, a reminder that a transformer explosion can also spark multiple fires, the Santa Barbara County Fire Department announced Thursday.

The fire broke out about 12:50 p.m. north of Highway 246 and burned about 696 acres of wildland before firefighters brought it under control, although no structures were damaged or mass outages like the Los Angeles power outage occurred, according to an incident summary.

A team of investigators pinpointed the official cause as a power line that failed between two utility poles and fell to the ground, and as downed line safety tips emphasize, arcing electricity ignited the surrounding vegetation, said County Fire Department spokesman Capt. Daniel Bertucelli.

In response, a PG&E spokesman said the utility is conducting its own investigation and does not have access to whatever data investigators used, and, as the ATCO regulatory penalty illustrates, such matters can draw significant oversight, but he noted the company filed an electric incident report on the wire with the California Public Utilities Commission on June 14.

"We are grateful to the first responders who fought the 2020 Drum fire in Santa Barbara County and helped make sure that there were no injuries or fatalities, outcomes not always seen in copper theft incidents, and no reports of structures damaged or burned," PG&E spokesman Mark Mesesan said.

"While we are continuing to conduct our own investigation into the events that led to the Drum fire, and as the Site C watchdog inquiry shows, oversight bodies can seek more transparency, PG&E does not have access to the Santa Barbara County Fire Department's report."

He said PG&E remains focused on reducing wildfire risk across its service area while limiting the scope and duration of public safety power shutoffs, including strategies like line-burying decisions adopted by other utilities, and that the safety of customers and communities it serves are its most important responsibility.

 

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Wind power making gains as competitive source of electricity

Canada Wind Energy Costs are plunging as renewable energy auctions, CfD contracts, and efficient turbines drive prices to 2-4 cents/kWh across Alberta and Saskatchewan, outcompeting grid power via competitive bidding and improved capacity factors.

 

Key Points

Averaging 2-4 cents/kWh via auctions, CfD support, and bigger turbines, wind is now cost-competitive across Canada.

✅ Alberta CfD bids as low as 3.9 cents/kWh.

✅ Turbine outputs rose from 1 MW to 3.3 MW per tower.

✅ Competitive auctions cut costs ~70% over nine years.

 

It's taken a decade of technological improvement and a new competitive bidding process for electrical generation contracts, but wind may have finally come into its own as one of the cheapest ways to create power.

Ten years ago, Ontario was developing new wind power projects at a cost of 28 cents per kilowatt hour (kWh), the kind of above-market rate that the U.K., Portugal and other countries were offering to try to kick-start development of renewables. 

Now some wind companies say they've brought generation costs down to between 2 and 4 cents — something that appeals to provinces that are looking to significantly increase their renewable energy deployment plans.

The cost of electricity varies across Canada, by province and time of day, from an average of 6.5 cents per kWh in Quebec to as much as 15 cents in Halifax.

Capital Power, an Edmonton-based company, recently won a contract for the Whitla 298.8-megawatt (MW) wind project near Medicine Hat, Alta., with a bid of 3.9 cents per kWh, at a time when three new solar facilities in Alberta have been contracted at lower cost than natural gas, underscoring the trend. That price covers capital costs, transmission and connection to the grid, as well as the cost of building the project.

Jerry Bellikka, director of government relations, said Capital Power has been building wind projects for a decade, in the U.S., Alberta, B.C. and other provinces. In that time the price of wind generation equipment has been declining continually, while the efficiency of wind turbines increases.

 

Increased efficiency

"It used to be one tower was 1 MW; now each turbine generates 3.3 MW. There's more electricity generated per tower than several years ago," he said.

One wild card for Whitla may be steel prices — because of the U.S. and Canada slapping tariffs on one other's steel and aluminum products. Whitla's towers are set to come from Colorado, and many of the smaller components from China.

 

Canada introduces new surtaxes to curb flood of steel imports

"We haven't yet taken delivery of the steel. It remains to be seen if we are affected by the tariffs." Belikka said.

Another company had owned the site and had several years of meteorological data, including wind speeds at various heights on the site, which is in a part of southern Alberta known for its strong winds.

But the choice of site was also dependent on the municipality, with rural Forty Mile County eager for the development, Belikka said.

 

Alberta aims for 30% electricity from wind by 2030

Alberta wants 30 per cent of its electricity to come from renewable sources by 2030 and, as an energy powerhouse, is encouraging that with a guaranteed pricing mechanism in what is otherwise a market-bidding process.

While the cost of generating energy for the Alberta Electric System Operator (AESO) fluctuates hourly and can be a lot higher when there is high demand, the winners of the renewable energy contracts are guaranteed their fixed-bid price.

The average pool price of electricity last year in Alberta was 5 cents per kWh; in boom times it rose to closer to 8 cents. But if the price rises that high after the wind farm is operating, the renewable generator won't get it, instead rebating anything over 3.9 cents back to the government.

On the other hand, if the average or pool price is a low 2 cents kWh, the province will top up their return to 3.9 cents.

This contract-for-differences (CfD) payment mechanism has been tested in renewable contracts in the U.K. and other jurisdictions, including some U.S. states, according to AESO.

 

Competitive bidding in Saskatchewan

In Saskatchewan, the plan is to double its capacity of renewable electricity, to 50 per cent of generation capacity, by 2030, and it uses an open bidding system between the private sector generator and publicly owned SaskPower.

In bidding last year on a renewable contract, 15 renewable power developers submitted bids, with an average price of 4.2 cents per kWh.

One low bidder was Potentia with a proposal for a 200 MW project, which should provide electricity for 90,000 homes in the province, at less than 3 cents kWh, according to Robert Hornung of the Canadian Wind Energy Association.

"The cost of wind energy has fallen 70 per cent in the last nine years," he says. "In the last decade, more wind energy has been built than any other form of electricity."

Ontario remains the leading user of wind with 4,902 MW of wind generation as of December 2017, most of that capacity built under a system that offered an above-market price for renewable power, put in place by the previous Liberal government.

In June of last year, the new Conservative government of Doug Ford halted more than 700 renewable-energy projects, one of them a wind farm that is sitting half-built, even as plans to reintroduce renewable projects continue to advance.

The feed-in tariff system that offered a higher rate to early builders of renewable generation ended in 2016, but early contracts with guaranteed prices could last up to 20 years.

Hornung says Ontario now has an excess of generating capacity, as it went on building when the 2008-9 bust cut market consumption dramatically.

But he insists wind can compete in the open market, offering low prices for generation when Ontario needs new  capacity.

"I expect there will be competitive processes put in place. I'm quite confident wind projects will continue to go ahead. We're well positioned to do that."

 

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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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