UTC President Bill Moroney to retire

By Electricity Forum


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William R. Moroney, who has served as the President and CEO of the Utilities Telecom Council for more than 13 years, announced that he will be retiring from the organization in 2011.

In his announcement to the UTC Board, Moroney said, "I am proud to have played a part in either expanding or creating what our members tell us are very valuable services.

"It has been a wonderful opportunity to have served as UTC's President and Chief Executive. It has been an equally extraordinary honor to serve an industry that is at its heart and soul so committed to service in support of the communities they serve."

In accepting Moroney’s resignation, UTC Chairman of the Board Troy C. West, General Manager – Technology and Corporate Services, Cleco Corporation, said, "Bill has been a great leader, helping UTC grow and evolve to meet the changing telecom and IT needs of our industry."

Moroney has led UTC through a period of great change in the industry and during which a number of key programs were implemented to enhance member benefits, including:

• Increased legislative and regulatory advocacy efforts at the federal level plus new programs to address smart grid technical standards and cyber security

• Expansion of UTC's educational offerings through UTC's Annual Conference, regional meetings, webinars and a new professional certification program

• International growth through locally lead organizations in Canada and Europe

• Creation of the UtiliSite Council, to address utility partnerships with wireless carriers and the Smart Networks Council, to coordinate UTC's smart grid activities

• Building strong relationships with and marketing channels for UTC's utility members' technology partners through UTC's Annual Conference and other events, quarterly Journal, and customized market research.

UTC's leadership has begun the process of finding a new UTC President and Chief Executive. Moroney will remain in the position until a successor is selected to ensure a smooth transition.

Prior to joining UTC as its CEO in June 1998, Moroney had served as the President/CEO of several other technology focused trade associations including the Electronic Messaging Association, the Business Quality Messaging Forum, the MultiMedia Telecommunications Association, the National Automated Clearing House Association and the Electronic Funds Transfer Association. Prior to entering the trade association field, he had worked as a broadcast journalist and on national political campaigns.

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Electricity Payouts on Biggest U.S. Grid Fall 64 Per Cent in Auction

PJM Capacity Auction Price Drop signals PJM Interconnection capacity market shifts, with $50/MW-day clearing, higher renewables and nuclear participation, declining coal, natural gas pressure, and zone impacts in ComEd and EMAAC, amid 21% reserve margins.

 

Key Points

A decline to $50 per MW-day in PJM capacity prices, shifting resource mix, zonal rates, and reserve margins.

✅ Clearing price fell to $50/MW-day from $140 in 2018

✅ Renewables and nuclear up; coal units down across PJM

✅ Zonal prices: ComEd $68.96, EMAAC $97.86; 21% reserves

 

Power-plant owners serving the biggest U.S. grid will be paid 64% less next year for being on standby to keep the lights on from New Jersey to Illinois.

Suppliers to PJM Interconnection LLC’s grid, which serves more than 65 million people, will get $50 a megawatt-day to provide capacity for the the year starting June 2022, according to the results of an auction released Wednesday. That’s down sharply from $140 in the previous auction, held in 2018. Analysts had expected the price would fall to about $85.

“Renewables, nuclear and new natural gas generators saw the greatest increases in cleared capacity, while coal units saw the largest decrease,” PJM said in a statement.

The PJM auction is the single most important event for power generators across the eastern U.S., including Calpine Corp., NRG Energy Inc. and Exelon Corp., because it dictates a big chunk of their future revenue. It also plays a pivotal role in shaping the region’s electricity mix, determining how much the region is willing to stick with coal and natural gas plants or replace them with wind and solar even as the aging grid complicates progress nationwide.

The results showed that the capacity price for the Chicago-area zone, known as ComEd, was $68.96 compared with $195.55 in the last auction. The price for the Pennsylvania and New Jersey zone, known as EMAAC, fell to $97.86 percent, from $165.73. All told, 144,477 megawatts cleared, representing a reserve margin of 21%.

Exelon shares fell 0.4% after the results were released. Vistra fell 1.5%. NRG was unchanged.

Blackouts triggered by extreme weather in Texas and California over the last year have reignited a debate over whether other regions should institute capacity systems similar to the one used by PJM, and whether to adopt measures like emergency fuel stock programs in New England as well. The market, which pays generators to be on standby in case extra power is needed, has long been a source of controversy. While it makes the grid more reliable, the system drives up costs for consumers. In the area around Chicago, for instance, these charges total more than $1.7 billion per year, accounting for 20% of customer bills, according to the Illinois Clean Jobs Coalition.

In the 2018 auction, PJM contracted supplies that were about 22% in excess of the peak demand projection at the time. This year, the grid is projected to start summer with a reserve margin of about 26%, as COVID-19 demand shifts persist, according to the market monitor -- far higher than the 16% most engineers say is needed to prevent major outages.

“This certainly doesn’t seem fair to ratepayers,” said Ari Peskoe, director of Harvard Law School’s Electricity Law Initiative.

Fossil-Fuel Advantage
Heading into the auction, analysts expected coal and gas plants to have the advantage. Nuclear reactors and renewables, they said, were poised to struggle amid coal and nuclear disruptions nationwide.

That’s because this is the first PJM auction run under a major pricing change imposed by federal regulators during the Trump administration. The new structure creates a price floor for some bidders, effectively hobbling nuclear and renewables that receive state subsidies while making it easier for fossil fuels to compete.

Those rules triggered contentious wrangling between power providers, PJM and federal regulators, delaying the auction for two years. The new system, however, may be short lived. The Biden administration is moving to overhaul the rules in time for the next auction in December.

Also See: Biden Climate Goals to Take Backseat in Biggest U.S. Power Grid

Dominion Energy Inc., one of the biggest U.S. utility owners, pulled out of the market over the rules. The Virginia-based company, which has a goal to have net-zero carbon emissions by 2050, said the new PJM format will “make renewables more expensive” than delivering clean energy through alternative markets.

Illinois, New Jersey and Maryland have also threatened to leave the capacity market unless the new price floor is eliminated, and Connecticut is leading a market overhaul in New England as well. PJM has already launched a process to do it.

PJM is already one of the most fossil-fuel intensive grids, with 60% of its electricity coming from coal and gas. Power plants that bid into the auction rely on it for the bulk of their revenue. That means plants that win contracts have an incentive to continue operating for as long as they can, even amid a supply-chain crisis this summer.

 

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New York and New England Need More Clean Energy. Is Hydropower From Canada the Best Way to Get it?

Canadian Hydropower Transmission delivers HVDC clean energy via New England Clean Energy Connect and Champlain Hudson Power Express, linking HydroQuébec to Maine and New York grids for renewable energy, decarbonization, and lower wholesale electricity rates.

 

Key Points

HVDC delivery of HydroQuébec power to New England and New York via NECEC and CHPE, cutting emissions and costs.

✅ 1,200 MW via NECEC; 1,000 MW via CHPE.

✅ HVDC routes: 145-mile NECEC and 333-mile CHPE.

✅ Debates: land impacts, climate justice, wholesale rates.

 

As the sole residents of unorganized territory T5 R7 deep within Maine's North Woods, Duane Hanson and his wife, Sally Kwan, have watched the land around them—known for its natural beauty, diverse wildlife and recreational fishing—transformed by decades of development. 

But what troubles them most is what could happen in the next few months. State and corporate officials are pushing for construction of a 53-mile-long power line corridor cutting right through the woods and abutting the wild lands surrounding Hanson's property. 

If its proponents succeed, Hanson fears the corridor may represent the beginning of the end of his ability to live "off the land" away from the noise of technology-obsessed modern society. Soon, that noise may be in his backyard. 

"I moved here to be in the pristine wilderness," said Hanson.
 
With his life in what he considers the last "wild" place left on the East Coast on the line, the stakes have never felt higher to Hanson—and many across New England, as well.

The corridor is part of the New England Clean Energy Connect, one of two major and highly controversial transmission line projects meant to deliver Canadian hydropower from the government-owned utility HydroQuébec, in a province that has closed the door on nuclear power, to New England electricity consumers. 

As New England states rush to green their electric grids and combat the accelerating climate crisis, the simultaneous push from Canada to expand the market for hydroelectric power from its vast water resources, including Manitoba's clean energy, has offered these states a critical lifeline at just the right moment. 

The other big hydropower transmission line project will deliver 1,000 megawatts of power, or enough to serve approximately one million residential customers, to the New York City metropolitan area, which includes the city, Long Island, and parts of the Hudson Valley, New Jersey, Connecticut and Pennsylvania. 

The 333-mile-long Champlain Hudson Power Express project will consist of two high voltage direct current cables running underground and underwater from Canada, beneath Lake Champlain and the Hudson River, to Astoria, Queens. 

There, the Champlain Hudson project will interconnect to a sector of the New York electricity grid where city and corporate officials say the hydropower supplied can help reduce the fossil fuels that currently comprise significantly more of the base load than in other parts of the state. Though New York has yet to finalize a contract with HydroQuébec over its hydropower purchase, developers plan to start construction on the $2.2 billion project in 2021 and say it will be operational in 2025. 

The New England project consists of 145 miles of new HVDC transmission line that will run largely above ground from the Canadian border, through Maine to Massachusetts. The $1 billion project, funded by Massachusetts electricity consumers, is expected to deliver 1,200 megawatts of clean energy to the New England energy grid, becoming the region's largest clean energy source. 

Central Maine Power, which will construct the Maine transmission corridor, says the project will decrease wholesale electric rates and create thousands of jobs. Company officials expect to receive all necessary permits and begin construction by the year's end, with the project completed and in service by 2020. 

With only months until developers start making both projects on-the-ground realities, they have seized public attention within, and beyond, their regions. 

Hanson is one among many concerned New England and New York residents who've joined the ranks of environmental activists in a contentious battle with public and corporate officials over the place of Canadian hydropower in their states' clean energy futures. 

Officials and transmission line proponents say importing Canadian hydropower offers an immediate and feasible way to help decarbonize electricity portfolios in New York and New England and to address existing transmission constraints that limit cross-border flows today, supporting their broader efforts to combat climate change. 

But some environmental activists say hydropower has a significant carbon footprint of its own. They fear the projects will make states look "greener" at the expense of the local environment, Indigenous communities, and ultimately, the climate. 

"We're talking about the most environmentally and economically just pathway" to decarbonization, said Annel Hernandez, associate director of the NYC Environmental Justice Alliance. "Canadian hydro is not going to provide that." 

To that end, environmental groups opposing Canadian hydropower say New York and New England should seize the moment to expedite local development of wind and solar power. 

Paul Gallay, president of the nonprofit environmental organization Riverkeeper—which withdrew its initial support for the Champlain Hudson Power Express last November— believes New York has the capacity to develop enough in-state renewable energy sources to meet its clean energy goals, without the new transmission line. 

Yet New York City's analysis shows clearly that Canadian hydropower is critical for its clean energy strategy, said Dan Zarrilli, director of OneNYC and New York City's chief climate policy adviser. 

"We need every bit of clean energy we can get our hands on," he said, to meet the city's goal of carbon neutrality by 2050 and help achieve the state's clean energy mandates. 

Removing Canadian hydropower from the equation, said Zarilli, would commit the city to the "unacceptable outcome" of burning more gas. The city's marginalized communities would likely suffer most from the resulting air pollution and associated health impacts. 

While the two camps debate Canadian hydropower's carbon footprint and what climate justice requires, this much is clear: When it comes to pursuing a zero-carbon future, there are no easy answers. 

Hydropower's Carbon Footprint
Many people take for granted that because hydropower production doesn't involve burning fossil fuels, it's a carbon-neutral endeavor. But that's not always the case, depending on where hydropower is sourced. 

Large-scale hydropower projects often involve the creation of hydroelectric dams and reservoirs, and, in some cases, repowering existing dams to generate clean electricity. The release and flow of water from the reservoir through the dam provides the energy necessary to generate hydropower, which long-distance power lines, or transmission lines, carry to its intended destination—in this case, New England and New York. 

The initial process of flooding land to create a hydroelectric reservoir can have a sizable carbon footprint, especially in heavily vegetated areas. It causes the vegetation and soil underwater to decompose, releasing carbon dioxide and methane—a greenhouse gas 84 times more potent over a 20-year period than carbon dioxide. 

Hydropower accounts for 60 percent of Canada's electricity generation, and HydroQuébec has planned to increase capacity to 37,000 MW in 2021, with the nation second only to China in the percentage of the world's total hydroelectricity it generates. By contrast, hydropower only accounts for seven percent of U.S. utility-scale electricity generation, making it a foreign concept to many Americans. 

As New England works to introduce substantial amounts of Canadian hydropower to its electricity grid, hydropower proponents are promoting it as a prime source for clean electricity, and new NB Power agreements are expanding regional transfers within Canada as well. 

Last fall, Central Maine Power formed its own political action committee, Clean Energy Matters, to advance the New England hydropower project. Together with HydroQuébec, the Maine utility has spent nearly $17 million campaigning for the project this year. 

 

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Texans to vote on funding to modernize electricity generation

Texas Proposition 7 Energy Fund will finance ERCOT grid reliability via loans and grants for new on-demand natural gas plants, maintenance, and modernization, administered by the Public Utility Commission of Texas after Winter Storm Uri.

 

Key Points

State-managed fund providing loans and grants to expand and upgrade ERCOT power generation for grid reliability.

✅ $7.2B incentives for new dispatchable plants in ERCOT

✅ Administered by Public Utility Commission of Texas

✅ Aims to prevent outages like Winter Storm Uri

 

Texans are set to vote on Tuesday on a constitutional amendment to determine whether the state will create a special fund for financing the "construction, maintenance, and modernization of its electric generating facilities."

The energy fund would be administered and used only by the Public Utility Commission of Texas to provide loans and grants to maintain and upgrade electric generating facilities and improve electricity reliability across the state.

The biggest chunk of the fund, $7.2 billion, would go into loans and incentives to build new power-generating facilities in the ERCOT (Electric Reliability Council of Texas) region, where ERCOT has issued an RFP for winter capacity to address seasonal concerns.

The proposal, titled Proposition 7, is one of several electricity market reforms under consideration by lawmakers and regulators in Texas to avoid another energy crisis like the one caused by a deadly winter storm in February 2021.

That storm, known as Winter Storm Uri, left millions without power, water and heat for days as ERCOT struggled to prevent a grid collapse after the shutdown of an unusually large amount of generation, and bailout proposals soon surfaced in the Legislature as the market reeled.

Pablo Vegas, president and CEO of ERCOT, emphasized the grid has become more “volatile” given the current resources, as the Texas power grid faces recurring challenges.

“The complexities of managing a growing demand, and a very dynamic load environment with those types of resources becomes more and more challenging,” Vegas said Tuesday during a meeting of the ERCOT board of directors.

Vegas said one solution to overcome the challenge is investing in power production that is available on demand, like power plants fueled by natural gas. Those plants can help during times when the need for electricity strains the supply.

“With the passing of Proposition 7 on the ballot this November, we’ll see those incentives combined to incentivize a more balanced development strategy going forward,” Vegas told board members.

If Proposition 7 is passed by voters, it would enact S.B. 2627, which establishes an advisory committee to oversee the fund and the various projects it could be used for, amid severe-heat blackout risks that affect the broader U.S. $5 billion would be transferred from the General Revenue Fund to the Texas Energy Fund if Proposition 7 passes.

Opposition for Proposition 7 comes from the Lone Star chapter of the Sierra Club, an environmental organization based in Austin and which has issued a statement on Gov. Abbott's demands regarding grid policy. Cyrus Reed, conservation director of the Lone Star chapter, said the Texas energy fund is slated to benefit private utilities to build gas plants using taxpayer’s money.

 

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Ontario prepares to extend disconnect moratoriums for residential electricity customers

Ontario Electricity Relief outlines an extended disconnect moratorium, potential time-of-use price changes, and Ontario Energy Board oversight to support residential customers facing COVID-19 hardship and bill payment challenges during the emergency in Ontario.

 

Key Points

Plan to extend disconnect moratorium and weigh time-of-use price relief for residential customers during COVID-19.

✅ Extends winter disconnect ban by 3 months

✅ Considers time-of-use price adjustments

✅ Requires Ontario Energy Board approval

 

The Ontario government is preparing to announce electricity relief for residential electricity users struggling because of the COVID-19 emergency, according to sources.

Sources close to those discussions say a decision has been made to lengthen the existing five-month disconnect moratorium by an additional three months.

Separately, Hydro One's relief fund has offered support to its customers during the pandemic.

News releases about the moratorium extension are currently being drafted and are expected to be released shortly, as the pandemic has reduced electricity usage across Ontario.

Electricity utilities in Ontario are currently prohibited from disconnecting residential customers for non-payment during the winter ban period from November 15 to April 30.

The province is also looking at providing further relief by adjusting time-of-use prices, such as off-peak electricity rates, which are designed to encourage shifting of energy use away from periods of high total consumption to periods of low demand.

For businesses, the province has provided stable electricity pricing to support industrial and commercial operations.

But that would require Ontario Energy Board approval and no decision has been finalized, our sources advise.

 

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Green hydrogen, green energy: inside Brazil's $5.4bn green hydrogen plant

Enegix Base One Green Hydrogen Plant will produce renewable hydrogen via electrolysis in Ceara, Brazil, leveraging 3.4 GW baseload renewables, offshore wind, and hydro to scale clean energy, storage, and export logistics.

 

Key Points

A $5.4bn Ceara, Brazil project to produce 600m kg of green hydrogen annually using 3.4 GW of baseload renewables.

✅ 3.4 GW baseload from hydro and offshore wind pipelines

✅ Targets 600m kg green hydrogen per year via electrolysis

✅ Focus on storage, transport, and export supply chains

 

In March, Enegix Energy announced some of the most ambitious hydrogen plans the world has ever seen. The company signed a memorandum of understanding (MOU) with the government of the Brazilian state of Ceará to build the world’s largest green hydrogen plant in the state on the country’s north-eastern coast, and the figures are staggering.

The Base One facility will produce more than 600 million kilograms of green hydrogen annually from 3.4GW of baseload renewable energy, and receive $5.4bn in investment to get the project off the ground and producing within four years.

Green hydrogen, hydrogen produced by electrolysis that is powered by renewables, has significant potential as a clean energy source. Already seeing increased usage in the transport sector, the power source boasts the energy efficiency and the environmental viability to be a cornerstone of the world’s energy mix.

Yet practical challenges have often derailed large-scale green hydrogen projects, from the inherent obstacle of requiring separate renewable power facilities to the logistical and technological challenges of storing and transporting hydrogen. Could vast investment, clever planning, and supportive governments and programs like the DOE’s hydrogen hubs initiative help Enegix to deliver on green hydrogen’s oft-touted potential?

Brazilian billions
The Base One project is exceptional not only for its huge scale, but the timing of its construction, with demand for hydrogen set to increase dramatically over the next few decades. Figures from Wood Mackenzie suggest that hydrogen could account for 1.4 billion tonnes of energy demand by 2050, one-tenth of the world’s supply, with green hydrogen set to be the majority of this figure.

Yet considering that, prior to the announcement of the Enegix project, global green hydrogen capacity was just 94MW, advances in offshore green hydrogen and the development of a project of this size and scope could scale up the role of green hydrogen by orders of magnitude.

“We really need to [advance clean energy] without any emissions on a completely clean, carbon neutral and net-zero framework, and so we needed access to a large amount of green energy projects,” explains Wesley Cooke, founder and CEO of Enegix, a goal aligned with analyses that zero-emissions electricity by 2035 is possible, discussing the motivation behind the vast project.

With these ambitious goals in mind, the company needed to find a region with a particular combination of political will and environmental traits to enable such a project to take off.


“When we looked at all of these key things: pipeline for renewables, access to water, cost of renewables, and appetite for renewables, Brazil really stood out to us,” Cooke continues. “The state of Ceará, that we’ve got an MOU with the government in at the moment, ticks all of these boxes.”

Ceará’s own clean energy plans align with Enegix’s, at least in terms of their ambition and desire for short-term development. Last October, the state announced that it plans to add 5GW of new offshore wind capacity in the next five years. With BI Energia alone providing $2.5bn in investment for its 1.2GW Camocim wind facility, there is significant financial muscle behind these lofty ambitions.

“One thing I should add is that Brazil is very blessed when it comes to baseload renewables,” says Cooke. “They have an incredibly high percentage of their country-wide energy that comes from renewable sources and a lot of this is in part due to the vast hydro schemes that they have for hydro dams. Not a lot of countries have that, and specifically when you’re trying to produce hydrogen, having access to vast amounts of renewables [is vital].”

Changing perceptions and tackling challenges
This combination of vast investment and integration with the existing renewable power infrastructure of Ceará could have cultural impacts too. The combination of state support for and private investment in clean energy offsets many of the narratives emerging from Brazil concerning its energy policies and environmental protections, even as debates over clean energy's trade-offs persist in Brazil and beyond, from the infamous Brumadinho disaster to widespread allegations of illegal deforestation and gold mining.

“I can’t speak for the whole of Brazil, but if we look at Ceará specifically, and even from what we’ve seen from a federal government standpoint, they have been talking about a hydrogen roadmap for Brazil for quite some time now,” says Cooke, highlighting the state’s long-standing support for green hydrogen. “I think we came in at the perfect time with a very solid plan for what we wanted to do, [and] we’ve had nothing but great cooperation, and even further than just cooperation, excitement around the MOU.”

This narrative shift could help overcome one of the key challenges facing many hydrogen projects, the idea that its practical difficulties render it fundamentally unsuitable for baseload power generation. By establishing a large-scale green hydrogen facility in a country that has recently struggled to present itself as one that is invested in renewables, the Base One facility could be the ultimate proof that such clean hydrogen projects are viable.

Nevertheless, practical challenges remain, as is the case with any energy project of this scale. Cooke mentions a number of solutions to two of the obstacles facing hydrogen production around the world: renewable energy storage and transportation of the material.

“We were looking at compressed hydrogen via specialised tankers [and] we were looking at liquefied hydrogen, [as] you have to get liquefied hydrogen very cool to around -253°, and you can use 30% to 40% of your total energy that you started with just to get it down to that temperature,” Cooke explains.

“The other aspect is that if you’re transporting this internationally, you really have to think about the supply chain. If you land in a country like Indonesia, that’s wonderful, but how do you get it from Indonesia to the customers that need it? What is the supply chain? What does that look like? Does it exist today?”

The future of green hydrogen
These practical challenges present something of a chicken and egg problem for the future of green hydrogen: considerable up-front investment is required for functions such as storage and transport, but the difficulties of these functions can scare off investors and make such investments uncommon.

Yet with the world’s environmental situation increasingly dire, more dramatic, and indeed risky, moves are needed to alter its energy mix, and Enegix is one company taking responsibility and accepting these risks.

“We need to have the renewables to match the dirty fuel types,” Cooke says. “This [investment] will really come from the decisions that are being made right now by large-scale companies, multi-billion-euro-per-year revenue companies, committing to building out large scale factories in Europe and Asia, to support PEM [hydrolysis].”

This idea of large-scale green hydrogen is also highly ambitious, considering the current state of the energy source. The International Renewable Energy Agency reports that around 95% of hydrogen comes from fossil fuels, so hydrogen has a long ways to go to clean up its own carbon footprint before going on to displace fossil fuel-driven industries.

Yet this displacement is exactly what Enegix is targeting. Cooke notes that the ultimate goal of Enegix is not simply to increase hydrogen production for use in a single industry, such as clean vehicles. Instead, the idea is to develop green hydrogen infrastructure to the point where it can replace coal and oil as a source of baseload power, leapfrogging other renewables to form the bedrock of the world’s future energy mix.

“The problem with [renewable] baseload is that they’re intermittent; the wind’s not always blowing and the sun’s not always shining and batteries are still very expensive, although that is changing. When you put those projects together and look at the levelised cost of energy, this creates a chasm, really, for baseload.

“And for us, this is really where we believe that hydrogen needs to be thought of in more detail and this is what we’re really evangelising about at the moment.”

A more hydrogen-reliant energy mix could also bring social benefits, with Cooke suggesting that the same traits that make hydrogen unwieldy in countries with established energy infrastructures could make hydrogen more practically viable in other parts of the world.

“When you look at emerging markets and developing markets at the moment, the power infrastructure in some cases can be quite messy,” Cooke says. “You’ve got the potential for either paying for the power or extending your transmission grid, but rarely being able to do both of those.

“I think being able to do that last mile piece, utilising liquid organic hydrogen carrier as an energy vector that’s very cost-effective, very scalable, non-toxic, and non-flammable; [you can] get that power where you need it.

“We believe hydrogen has the potential to be very cost-effective at scale, supporting a vision of cheap, abundant electricity over time, but also very modular and usable in many different use cases.”

 

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Site C dam could still be cancelled at '11th hour' if First Nations successful in court

Site C Dam Court Ruling could halt hydroelectric project near Fort St. John, as First Nations cite Treaty 8 rights in B.C. Supreme Court against BC Hydro, reservoir flooding, and Peace River Valley impacts.

 

Key Points

Potential B.C. Supreme Court stop to Site C, grounded in Treaty 8 rights claims by First Nations against BC Hydro.

✅ Trial expected in 2022 before planned 2023 reservoir flooding

✅ Treaty 8 rights and Peace River Valley impacts at issue

✅ Talks ongoing among B.C., BC Hydro, West Moberly, Prophet River

 

The Site C dam could still be stopped by an "eleventh hour" court ruling, according to the lawyer representing B.C. First Nations opposed to the massive hydroelectric project near Fort St. John.

The B.C. government, BC Hydro and West Moberly and Prophet River First Nations were in B.C. Supreme Court Feb. 28 to set a 120-day trial, expected to begin in March 2022.

That date means a ruling would come prior to the scheduled flooding of the dam's reservoir area in 2023 said Tim Thielmann, legal counsel for the West Moberly First Nation.

"The court has left itself the opportunity for an eleventh hour cancellation of the project," he said.

 

Construction continues

At the core of the case is First Nations arguments the multi-billion dollar BC Hydro dam will cause irreparable harm to its territory and way of life — even as drought strains hydro production elsewhere — rights protected under Treaty 8.

The West Moberly have previously warned it believes Site C constitutes a $1 billion treaty violation.

​In 2018, the First Nations lost a bid for an injunction order, meaning construction of the dam is continuing despite warnings that delays could cost $600 million to the project.

First Nations 'deeply frustrated' after B.C. Supreme Court dismisses Site C injunction

The judge in the case said the ruling was made because if the First Nations lost the challenge, the project would be needlessly put into disarray.

 

Province, Nations enter talks to avoid litigation

Also this week the B.C. government announced it has entered into talks with BC Hydro and the two First Nations in an attempt to avoid the court process altogether, amid broader energy debates such as bridging the Alberta-B.C. electricity gap for climate goals.

Thielmann said the details of the talk are confidential, but his clients are willing to pursue all avenues in order to stop the dam from moving forward.

"They are trying to save what little is left [of the Peace River Valley]", he said.

Tim Thielmann of Sage Legal is representing the West Moberly First Nation in its lawsuit aimed at stopping Site C. (Sage Legal)

In the meantime, the parties will continue to prepare for the 2022 court dates.

The latest figure on the cost of the dam is $10.7 billion, in a billions-over-budget project that the premier says will proceed. When complete, it would power the equivalent of 450,000 homes a year, though use of Site C's electricity remains a point of debate.

 

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