With a permit pending on a massive coal-burning power plant in western Kansas, a Lawrence couple have filed a lawsuit demanding that the state limit carbon dioxide emissions.
"The time to act is now," Sarah Dean, an environmentalist and appointee to the governor's Kansas Energy Council, said recently. Dean and her husband, Ray, said carbon dioxide pollution from coal-fired plants is contributing to catastrophic climate changes. Sarah Dean is a retired agricultural land manager for organic and sustainable farming, while Ray Dean is a professor emeritus in electrical and computer engineering at Kansas University.
"The need to reduce greenhouse gas emissions is more important than ever. We must turn the tide against global warming, and reducing C02 emissions is an excellent place to begin," Sarah Dean said.
The lawsuit, filed in Shawnee County District Court, states that the Kansas Department of Health and Environment is legally required to regulate carbon dioxide. The U.S. Supreme Court recently ruled in a 5-4 decision that greenhouse gas emissions are an air pollutant and ordered the Environmental Protection Agency to reconsider its refusal to control those emissions.
"KDHE has the legal authority to limit C02 emissions, and it is time to exercise that power," Dean said. KDHE is considering a request by Sunflower Electric Power Corp. to build at least two, and possibly three, 700-megawatt coal-fired plants near Holcomb.
If built, the plants could pump 15 tons of carbon dioxide into the air each year. Gov. Kathleen Sebelius' office declined to comment on the lawsuit because it said the issue was a matter of pending litigation. Sunflower Electric officials have defended their proposed project, saying the new plants would burn much cleaner than older coal-fired plants.
Sebelius, other administration officials and leaders of the six largest utilities in Kansas agreed to conservation and wind power goals. But they said coal-burning plants would continue to be a staple in the state's energy portfolio. Environmentalists were generally pleased with the agreement but said the goals were too low and would be undone by emissions from the western Kansas project.
The Lawrence City Commission also has voiced disapproval of the Sunflower project, voting 3-2 last year to urge KDHE to deny the permit. In addition, attorneys general from eight states - California, Connecticut, Delaware, Maine, New York, Rhode Island Vermont and Wisconsin - have opposed the project.
Previous requests by environmentalists to KDHE to adopt regulations to control carbon dioxide pollution have been ignored. That, combined with the U.S. Supreme Court ruling, prompted the Deans to file the suit, attorneys said. Attorneys in the case for the Deans are Robert Eye, Reid Nelson and John Simpson.
Great Northern Transmission Line delivers 250 MW of carbon-free hydropower from Manitoba Hydro, strengthening Midwest grid reliability, enabling wind storage balancing, and advancing Minnesota Power's EnergyForward strategy for cleaner, renewable energy across the region.
Key Points
A 500 kV cross-border line delivering 250 MW of carbon-free hydropower, strengthening reliability and enabling renewables.
✅ 500 kV, 224-mile line from Manitoba to Minnesota
✅ Delivers 250 MW hydropower via ALLETE-Minnesota Power
✅ Enables wind storage and grid balancing with Manitoba Hydro
Minnesota Power, a utility division of ALLETE Inc. (NYSE:ALE), has energized its Great Northern Transmission Line, bringing online an innovative delivery and storage system for renewable energy that spans two states and one Canadian province, similar to the Maritime Link project in Atlantic Canada.
The 500 kV line is now delivering 250 megawatts of carbon-free hydropower from Manitoba, Canada, to Minnesota Power customers.
Minnesota Power completed the Great Northern Transmission Line (GNTL) in February 2020, ahead of schedule and under budget. The 224-mile line runs from the Canadian border in Roseau County to a substation near Grand Rapids, Minnesota. It consists of 800 tower structures which were fabricated in the United States and used 10,000 tons of North American steel. About 2,200 miles of wire were required to install the line's conductors. The GNTL also is contributing significant property tax revenue to local communities along the route.
"This is such an incredible achievement for Minnesota Power, ALLETE, and our region, and is the culmination of a decade-long vision brought to life by our talented and dedicated employees," said ALLETE President and CEO Bethany Owen. "The GNTL will help Minnesota Power to provide our customers with 50 percent renewable energy less than a year from now. As part of our EnergyForward strategy, it also strengthens the grid across the Midwest and in Canada, enhancing reliability for all of our customers."
With the GNTL energized and connected to Manitoba Hydro's recently completed Manitoba-Minnesota Transmission Project at the border, the companies now have a unique "wind storage" mechanism that quickly balances energy supply and demand in Minnesota and Manitoba, and enables a larger role for renewables in the North American energy grid.
The GNTL and its delivery of carbon-free hydropower are important components of Minnesota Power's EnergyForward strategy to transition away from coal and add renewable power sources while maintaining reliable and affordable service for customers, echoing interties like the Maritime Link that facilitate regional power flows. It also is part of a broader ALLETE strategy to advance and invest in critical regional transmission and distribution infrastructure, such as the TransWest Express transmission project, to ensure grid integrity and enable cleaner energy to reduce carbon emissions.
"The seed for this renewable energy initiative was planted in 2008 when Minnesota Power proposed purchasing 250 megawatts of hydropower from Manitoba Hydro. Beyond the transmission line, it also included a creative asset swap to move wind power from North Dakota to Minnesota, innovative power purchase agreements, and a remarkable advocacy process to find an acceptable route for the GNTL," said ALLETE Executive Chairman Al Hodnik. "It marries wind and water in a unique connection that will help transform the energy landscape of North America and reduce carbon emissions related to the existential threat of climate change."
Minnesota Power and Manitoba Hydro, a provincial Crown Corporation, coordinated on the project from the beginning, navigating National Energy Board reviews along the way. It is based on the companies' shared values of integrity, environmental stewardship and community engagement.
"The completion of Minnesota Power's Great Northern Transmission Line and our Manitoba-Minnesota Transmission Project is a testament to the creativity, perseverance, cooperation and skills of hundreds of people over so many years on both sides of the border," said Jay Grewal, president and CEO of Manitoba Hydro. "Perhaps even more importantly, it is a testament to the wonderful, longstanding relationship between our two companies and two countries. It shows just how much we can accomplish when we all work together toward a common goal."
Minnesota Power engaged federal, state and local agencies; the sovereign Red Lake Nation and other tribes, reflecting First Nations involvement in major transmission planning; and landowners along the proposed routes beginning in 2012. Through 75 voluntary meetings and other outreach forums, a preferred route was selected with strong support from stakeholders that was approved by the Minnesota Public Utilities Commission in April 2016.
A four-year state and federal regulatory process culminated in late 2016 when the federal Department of Energy approved a Presidential Permit for the GNTL, similar to the New England Clean Power Link process, needed because of the international border crossing. Construction of the line began in early 2017.
"A robust stakeholder process is essential to the success of any project, but especially when building a project of this scope," Owen said. "We appreciated the early engagement and support from stakeholders, local communities and tribes, agencies and regulators through the many approval milestones to the completion of the GNTL."
ITER Nuclear Fusion advances tokamak magnetic confinement, heating deuterium-tritium plasma with superconducting magnets, targeting net energy gain, tritium breeding, and steam-turbine power, while complementing laser inertial confinement milestones for grid-scale electricity and 2025 startup goals.
Key Points
ITER Nuclear Fusion is a tokamak project confining D-T plasma with magnets to achieve net energy gain and clean power.
✅ Tokamak magnetic confinement with high-temp superconducting coils
✅ Deuterium-tritium fuel cycle with on-site tritium breeding
✅ Targets net energy gain and grid-scale, low-carbon electricity
It sounds like the stuff of dreams: a virtually limitless source of energy that doesn’t produce greenhouse gases or radioactive waste. That’s the promise of nuclear fusion, often described as the holy grail of clean energy by proponents, which for decades has been nothing more than a fantasy due to insurmountable technical challenges. But things are heating up in what has turned into a race to create what amounts to an artificial sun here on Earth, one that can provide power for our kettles, cars and light bulbs.
Today’s nuclear power plants create electricity through nuclear fission, in which atoms are split, with next-gen nuclear power exploring smaller, cheaper, safer designs that remain distinct from fusion. Nuclear fusion however, involves combining atomic nuclei to release energy. It’s the same reaction that’s taking place at the Sun’s core. But overcoming the natural repulsion between atomic nuclei and maintaining the right conditions for fusion to occur isn’t straightforward. And doing so in a way that produces more energy than the reaction consumes has been beyond the grasp of the finest minds in physics for decades.
But perhaps not for much longer. Some major technical challenges have been overcome in the past few years and governments around the world have been pouring money into fusion power research as part of a broader green industrial revolution under way in several regions. There are also over 20 private ventures in the UK, US, Europe, China and Australia vying to be the first to make fusion energy production a reality.
“People are saying, ‘If it really is the ultimate solution, let’s find out whether it works or not,’” says Dr Tim Luce, head of science and operation at the International Thermonuclear Experimental Reactor (ITER), being built in southeast France. ITER is the biggest throw of the fusion dice yet.
Its $22bn (£15.9bn) build cost is being met by the governments of two-thirds of the world’s population, including the EU, the US, China and Russia, at a time when Europe is losing nuclear power and needs energy, and when it’s fired up in 2025 it’ll be the world’s largest fusion reactor. If it works, ITER will transform fusion power from being the stuff of dreams into a viable energy source.
Constructing a nuclear fusion reactor ITER will be a tokamak reactor – thought to be the best hope for fusion power. Inside a tokamak, a gas, often a hydrogen isotope called deuterium, is subjected to intense heat and pressure, forcing electrons out of the atoms. This creates a plasma – a superheated, ionised gas – that has to be contained by intense magnetic fields.
The containment is vital, as no material on Earth could withstand the intense heat (100,000,000°C and above) that the plasma has to reach so that fusion can begin. It’s close to 10 times the heat at the Sun’s core, and temperatures like that are needed in a tokamak because the gravitational pressure within the Sun can’t be recreated.
When atomic nuclei do start to fuse, vast amounts of energy are released. While the experimental reactors currently in operation release that energy as heat, in a fusion reactor power plant, the heat would be used to produce steam that would drive turbines to generate electricity, even as some envision nuclear beyond electricity for industrial heat and fuels.
Tokamaks aren’t the only fusion reactors being tried. Another type of reactor uses lasers to heat and compress a hydrogen fuel to initiate fusion. In August 2021, one such device at the National Ignition Facility, at the Lawrence Livermore National Laboratory in California, generated 1.35 megajoules of energy. This record-breaking figure brings fusion power a step closer to net energy gain, but most hopes are still pinned on tokamak reactors rather than lasers.
In June 2021, China’s Experimental Advanced Superconducting Tokamak (EAST) reactor maintained a plasma for 101 seconds at 120,000,000°C. Before that, the record was 20 seconds. Ultimately, a fusion reactor would need to sustain the plasma indefinitely – or at least for eight-hour ‘pulses’ during periods of peak electricity demand.
A real game-changer for tokamaks has been the magnets used to produce the magnetic field. “We know how to make magnets that generate a very high magnetic field from copper or other kinds of metal, but you would pay a fortune for the electricity. It wouldn’t be a net energy gain from the plant,” says Luce.
One route for nuclear fusion is to use atoms of deuterium and tritium, both isotopes of hydrogen. They fuse under incredible heat and pressure, and the resulting products release energy as heat
The solution is to use high-temperature, superconducting magnets made from superconducting wire, or ‘tape’, that has no electrical resistance. These magnets can create intense magnetic fields and don’t lose energy as heat.
“High temperature superconductivity has been known about for 35 years. But the manufacturing capability to make tape in the lengths that would be required to make a reasonable fusion coil has just recently been developed,” says Luce. One of ITER’s magnets, the central solenoid, will produce a field of 13 tesla – 280,000 times Earth’s magnetic field.
The inner walls of ITER’s vacuum vessel, where the fusion will occur, will be lined with beryllium, a metal that won’t contaminate the plasma much if they touch. At the bottom is the divertor that will keep the temperature inside the reactor under control.
“The heat load on the divertor can be as large as in a rocket nozzle,” says Luce. “Rocket nozzles work because you can get into orbit within minutes and in space it’s really cold.” In a fusion reactor, a divertor would need to withstand this heat indefinitely and at ITER they’ll be testing one made out of tungsten.
Meanwhile, in the US, the National Spherical Torus Experiment – Upgrade (NSTX-U) fusion reactor will be fired up in the autumn of 2022, while efforts in advanced fission such as a mini-reactor design are also progressing. One of its priorities will be to see whether lining the reactor with lithium helps to keep the plasma stable.
Choosing a fuel Instead of just using deuterium as the fusion fuel, ITER will use deuterium mixed with tritium, another hydrogen isotope. The deuterium-tritium blend offers the best chance of getting significantly more power out than is put in. Proponents of fusion power say one reason the technology is safe is that the fuel needs to be constantly fed into the reactor to keep fusion happening, making a runaway reaction impossible.
Deuterium can be extracted from seawater, so there’s a virtually limitless supply of it. But only 20kg of tritium are thought to exist worldwide, so fusion power plants will have to produce it (ITER will develop technology to ‘breed’ tritium). While some radioactive waste will be produced in a fusion plant, it’ll have a lifetime of around 100 years, rather than the thousands of years from fission.
At the time of writing in September, researchers at the Joint European Torus (JET) fusion reactor in Oxfordshire were due to start their deuterium-tritium fusion reactions. “JET will help ITER prepare a choice of machine parameters to optimise the fusion power,” says Dr Joelle Mailloux, one of the scientific programme leaders at JET. These parameters will include finding the best combination of deuterium and tritium, and establishing how the current is increased in the magnets before fusion starts.
The groundwork laid down at JET should accelerate ITER’s efforts to accomplish net energy gain. ITER will produce ‘first plasma’ in December 2025 and be cranked up to full power over the following decade. Its plasma temperature will reach 150,000,000°C and its target is to produce 500 megawatts of fusion power for every 50 megawatts of input heating power.
“If ITER is successful, it’ll eliminate most, if not all, doubts about the science and liberate money for technology development,” says Luce. That technology development will be demonstration fusion power plants that actually produce electricity, where advanced reactors can build on decades of expertise. “ITER is opening the door and saying, yeah, this works – the science is there.”
BC Hydro electricity demand decline reflects COVID-19 impacts across British Columbia, with reduced industrial load, full reservoirs, strategic spilling, and potential rate increases, as hydropower plants adjust operations at Seven Mile, Revelstoke, and Site C.
Key Points
A 10% COVID-19-driven drop in BC power use, prompting reservoir spilling, plant curtailment, and potential rate hikes.
✅ 10% load drop; industrial demand down 7% since mid-March
✅ Reservoirs near capacity; controlled spilling to mitigate risk
✅ Possible rate hikes; Site C construction continues
Elecricity demand is down 10 per cent across British Columbia, an unprecedented decline in commercial electricity consumption sparked by the COVID-19 pandemic, according to a BC Hydro report.
Power demand across hotels, offices, recreational facilities and restaurants have dwindled as British Columbians self isolate, and bill relief for residents and businesses was introduced during this period.
The shortfall means there's a surplus of water in reservoirs across the province.
"This drop in load in addition to the spring snow melt is causing our reservoirs to reach near capacity, which could lead to environmental concerns, as well as public safety risks if we don't address the challenges now," said spokesperson Tanya Fish.
Crews will have to strategically spill reservoirs to keep them from overflowing, a process that can have negative impacts on downstream ecosystems. Excessive spilling can increase fish mortality rates.
Spilling is currently underway at the Seven Mile and Revelstoke reservoirs. In addition, several small plants have been shut down.
Site C and hydro rates According to the report, titled Demand Dilemma, the decline could continue into April 2021 and drop by another two per cent, even as a regulator report alleged BC Hydro misled oversight bodies.
Major industry — forestry, mining and oil and gas — accounts for about 30 per cent of BC Hydro's overall electricity load. Energy demand from these customers has dropped by seven per cent since mid-March, while in Manitoba a Consumers Coalition has urged rejection of proposed rate increases.
BC Hydro says a prolonged drop in demand could have an impact on future rates, which could potentially go up as the power provider looks to recoup deferred operating costs and financial losses.
In Manitoba, Manitoba Hydro's debt has grown significantly, underscoring the financial risks utilities face during demand shocks.
Fish said the crown corporation still expects there to be increased demand in the long-term. She said construction of the Site C Dam is continuing as planned to support clean-energy generation in the province. There are currently nearly 1,000 workers on-site.
San Francisco Battery-Electric Ferries will deliver zero-emission, high-speed passenger service powered by Wartsila electric propulsion, EPMS, IAS, batteries, and shore power, advancing maritime decarbonization under the REEF program and USCG Subchapter T standards.
Key Points
They are the first US zero-emission high-speed passenger ferries using integrated electric propulsion and shore power
✅ Dual 625 kW motors enable up to 24-knot service speeds
✅ EPMS, IAS, DC hub, and shore power streamline operations
✅ Built to USCG Subchapter T for safety and compliance
Wartsila, a global leader in sustainable marine technology, has been selected to supply the electric propulsion system for the United States' first fully battery-electric, zero-emission high-speed passenger ferries. This significant development marks a pivotal step in the decarbonization of maritime transport, aligning with California's ambitious environmental goals, including recent clean-transport investments across ports and corridors.
A Leap Toward Sustainable Maritime Transport
The project, commissioned by All American Marine (AAM) on behalf of San Francisco Bay Ferry, involves the construction of three 150-passenger ferries, reflecting broader U.S. advances like the Washington State Ferries hybrid upgrade now underway. These vessels will operate on new routes connecting the rapidly developing neighborhoods of Treasure Island and Mission Bay to downtown San Francisco. The ferries are part of the Rapid Electric Emission Free (REEF) Ferry Program, a comprehensive initiative by San Francisco Bay Ferry to transition its fleet to zero-emission propulsion technology. The first vessel is expected to join the fleet in early 2027.
Wärtsilä’s Role in the Project
Wärtsilä's involvement encompasses the supply of a comprehensive electric propulsion system, including the Energy and Power Management System (EPMS), integrated automation system (IAS), batteries, DC hub, transformers, electric motors, and shore power supply. This extensive scope underscores Wärtsilä’s expertise in providing integrated solutions for emission-free marine transportation. The company's extensive global experience in developing and supplying integrated systems and solutions for zero-emission high-speed vessels, as seen with electric ships on the B.C. coast operating today, was a key consideration in the selection process.
Technical Specifications of the Ferries
The ferries will be 100 feet (approximately 30 meters) in length, with a beam of 26 feet and a draft of 5.9 feet. Each vessel will be powered by dual 625-kilowatt electric motors, enabling them to achieve speeds of up to 24 knots. The vessels will be built to U.S. Coast Guard Subchapter T standards, ensuring compliance with stringent safety regulations.
Environmental and Operational Benefits
The transition to battery-electric propulsion offers numerous environmental and operational advantages. Electric ferries produce zero emissions during operation, as demonstrated by Berlin's electric ferry deployments, significantly reducing the carbon footprint of maritime transport. Additionally, electric propulsion systems are generally more efficient and require less maintenance compared to traditional diesel engines, leading to lower operational costs over the vessel's lifespan.
Broader Implications for Maritime Decarbonization
This project is part of a broader movement toward sustainable maritime transport in the United States. San Francisco Bay Ferry has also approved the purchase of two larger 400-passenger battery-electric ferries for transbay routes, further expanding its commitment to zero-emission operations. The agency has secured approximately $200 million in funding from local, state, and federal sources, echoing infrastructure bank support seen in B.C., to support these initiatives, including vessel construction and terminal electrification.
Wartsila’s involvement in this project highlights the company's leadership in the maritime industry's transition to sustainable energy solutions, including hybrid-electric pathways like BC Ferries' new hybrids now in service. With a proven track record in supplying integrated systems for zero-emission vessels, Wärtsilä is well-positioned to support the global shift toward decarbonized maritime transport.
As the first fully battery-electric high-speed passenger ferries in the United States, these vessels represent a significant milestone in the journey toward sustainable and environmentally responsible maritime transportation, paralleling regional advances such as the Kootenay Lake electric-ready ferry entering service. The collaboration between Wärtsilä, All American Marine, and San Francisco Bay Ferry exemplifies the collective effort required to realize a zero-emission future for the maritime industry.
The deployment of these battery-electric ferries in San Francisco Bay not only advances the city's environmental objectives but also sets a precedent for other regions to follow. With continued innovation and collaboration, the maritime industry can look forward to a future where sustainable practices are the standard, not the exception.
Washington EV Rebate Program drives EV adoption with incentives, funding, and clean energy goals, cutting greenhouse gas emissions. Residents embrace electric vehicles as charging infrastructure expands, supporting sustainable transportation and state climate targets.
Key Points
Washington EV Rebate Program provides incentives to cut EV costs, accelerate adoption, and support clean energy targets.
✅ Over half of allocated funding already utilized statewide.
✅ Incentives lower upfront costs and spur EV demand.
✅ Charging infrastructure expansion remains a key priority.
Washington State has reached a significant milestone in its electric vehicle (EV) rebate program, with more than half of the allocated funding already utilized. This rapid uptake highlights the growing interest in electric vehicles as residents seek more sustainable transportation options. As the state continues to prioritize environmental initiatives, this development showcases both the successes and challenges of promoting electric vehicle adoption.
A Growing Demand for Electric Vehicles
The substantial drawdown of rebate funds indicates a robust demand for electric vehicles in Washington. As consumers become increasingly aware of the environmental benefits associated with EVs—such as reduced greenhouse gas emissions and improved air quality—more individuals are making the switch from traditional gasoline-powered vehicles. Additionally, rising fuel prices and advancements in EV technology, alongside zero-emission incentives are further incentivizing this shift.
Washington's rebate program, which offers financial incentives to residents who purchase or lease eligible electric vehicles, plays a critical role in making EVs more accessible. The program helps to lower the upfront costs associated with purchasing electric vehicles, and similar approaches like New Brunswick EV rebates illustrate how regional incentives can boost adoption, thus encouraging more drivers to consider these greener alternatives. As the state moves toward its goal of a more sustainable transportation system, the popularity of the rebate program is a promising sign.
The Impact of Funding Utilization
With over half of the rebate funding already used, the program's popularity raises questions about the sustainability of its financial support and the readiness of state power grids to accommodate rising EV demand. Originally designed to spur adoption and reduce barriers to entry for potential EV buyers, the rapid depletion of funds could lead to future challenges in maintaining the program’s momentum.
The Washington State Department of Ecology, which oversees the rebate program, will need to assess the current funding levels and consider future allocations to meet the ongoing demand. If the funds run dry, it could slow down the adoption of electric vehicles, potentially impacting the state’s broader climate goals. Ensuring a consistent flow of funding will be essential for keeping the program viable and continuing to promote EV usage.
Environmental Benefits and Climate Goals
The increasing adoption of electric vehicles aligns with Washington’s ambitious climate goals, including a commitment to reduce carbon emissions significantly by 2030. The state aims to transition to a clean energy economy and has set a target for all new vehicles sold by 2035 to be electric, and initiatives such as the hybrid-electric ferry upgrade demonstrate progress across the transportation sector. The success of the rebate program is a crucial step in achieving these objectives.
As more residents switch to EVs, the overall impact on air quality and carbon emissions can be profound. Electric vehicles produce zero tailpipe emissions, which contributes to improved air quality, particularly in urban areas that struggle with pollution. The transition to electric vehicles can also help to reduce dependence on fossil fuels, further enhancing the state’s sustainability efforts.
Challenges Ahead
While the current uptake of the rebate program is encouraging, there are challenges that need to be addressed. One significant issue is the availability of EV models. Although the market is expanding, not all consumers have equal access to a variety of electric vehicle options. Affordability remains a barrier for many potential buyers, especially in lower-income communities, but targeted supports like EV charger rebates in B.C. can ease costs for households. Ensuring that all residents can access EVs and the associated incentives is vital for equitable participation in the transition to electric mobility.
Additionally, there are concerns about charging infrastructure. For many potential EV owners, the lack of accessible charging stations can deter them from making the switch. Expanding charging networks, particularly in underserved areas, is essential for supporting the growing number of electric vehicles on the road, and B.C. EV charging expansion offers a regional model for scaling access.
Looking to the Future
As Washington continues to advance its electric vehicle initiatives, the success of the rebate program is a promising indication of changing consumer attitudes toward sustainable transportation. With more than half of the funding already used, the focus will need to shift to sustaining the program and ensuring that it meets the needs of all residents, while complementary incentives like home and workplace charging rebates can amplify its impact.
Ultimately, Washington’s commitment to electric vehicles is not just about rebates; it’s about fostering a comprehensive ecosystem that supports clean energy, infrastructure, and equitable access. By addressing these challenges head-on, the state can continue to lead the way in the transition to electric mobility, benefiting both the environment and its residents in the long run.
ATCO Electric administrative penalty underscores an Alberta Utilities Commission probe into a sole-sourced First Nation contract, Jasper transmission line overpayments, and nondisclosure to ratepayers, sparked by a whistleblower and pending settlement approval.
Key Points
A $31M AUC settlement over alleged overpayment, sole-sourcing, and nondisclosure tied to a Jasper transmission line.
✅ Sole-sourced First Nation contract to protect related ATCO deal
✅ Overpayment concealed when seeking recovery from ratepayers
Regulated Alberta utility ATCO Electric has agreed to pay a $31 million administrative penalty after an Alberta Utilities Commission utilities watchdog investigation found it deliberately overpaid a First Nation group for work on a new transmission line, and then failed to disclose the reasons for it when it applied to be reimbursed by ratepayers for the extra cost.
An agreed statement of facts contained in a settlement agreement between ATCO Electric Ltd. and the commission's enforcement staff says the company sole-sourced a contract in 2018 for work that was necessary for an electric transmission line to Jasper, Alta., even as BC Hydro marked a Site C transmission line milestone elsewhere.
The company that won the contract was co-owned by the Simpcw First Nation in Barriere, B.C., while debates over a First Nations electricity line in Ontario underscore related issues, and the agreement says one of the reasons for the sole-sourcing was that another of Calgary-based ATCO's subsidiaries had a prior deal with the First Nation for infrastructure projects that included the provision of work camps on the Trans Mountain Pipeline expansion project.
The statement of facts says ATCO Electric feared that if it didn't grant the contract to the First Nation group and instead put the work to tender, amid legal pressures such as a treaty rights challenge, the group might back out of its deal with ATCO Structures and Logistics and partner with another, non-ATCO company on the Trans Mountain work.
The agreed statement says ATCO Electric paid several million dollars more than market value for some of the Jasper line work, while a Manitoba-Minnesota line delay was being weighed in another jurisdiction, and staff attempted to conceal the reasons for the overpayment when they sought to recover the extra money from Alberta consumers.
It states the investigation was sparked by a whistleblower, and notes the agreement between the utility commission's enforcement staff and ATCO Electric must still be approved by the Alberta Utilities Commission, a process comparable to hearings that consider oral traditional evidence on interprovincial lines.
The commission must be satisfied the settlement is in the public interest, a consideration often informed by concerns from Site C opponents in other regions.
