The dirty secret about clean coal – it doesn’t exist

By Globe and Mail


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Few things are more powerful than an endorsement from a wildly popular U.S. President.

So you can't blame the coal industry for milking Barack Obama's own words as it battles to moderate pending climate change legislation and avoid tougher emission standards.

In one TV spot airing everywhere these days, Mr. Obama touts “clean coal” as the key to millions of jobs and U.S. energy independence.

“This is America. We figured out how to put a man on the moon in 10 years,” Mr. Obama intones in a clip taken from a speech during last fall's election campaign. “You can't tell me we can't figure out how to burn coal that we mine right here in the United States of America and make it work.”

The ad is part of a massive national campaign by the American Coalition for Clean Coal Electricity, made up of coal mining companies, utilities and their suppliers. Last year, the group spent $38-million on communications and another $10-million on Washington lobbying. This year, it's on pace to exceed even those enormous sums.

“Clean coal” is a brilliant marketing slogan.

Unfortunately, it is, at best, a distant dream. At worst, an oxymoron.

True clean coal technology does not yet exist. Touting coal as clean is a bit like pushing potato chips as a diet food, or a couch as an exercise device.

Facing the same U.S. legislative threats, Canada's oil producers might as well rename the oil sands Athabasca Beach to give the admittedly dirty business a green veneer.

The term “clean coal” loosely refers to various efforts to make the world's most polluting form of energy cleaner. Some of these technologies are already in place, such as scrubbing smokestack emissions and washing coal to remove surface impurities. It's also technically feasible to turn coal into a liquid fuel, but the process is extremely expensive and produces about twice as much carbon dioxide – the leading cause of global warming – as petroleum.

But none of these techniques do much to curb CO2 emissions – the acknowledged primary cause of global warming. Burning coal remains the world's No. 1 source of man-made CO2.

The only way to make coal truly clean is to capture the CO2 and bury it deep underground – so-called sequestration.

In spite of considerable talk, there is no commercially viable carbon sequestration in place anywhere in the world. It remains more of a hope than a reality.

The Obama administration's recent budget put aside $3.4-billion for clean coal research and development, and restarted a problem-plagued and badly overbudget experimental CO2-sequestering coal plant in Mr. Obama's home state of Illinois. Montana and Saskatchewan recently announced a similar cross-border project involving an existing Saskatchewan Power coal plant.

The jury is still out on the viability of these projects.

In the meantime, the use of coal continues to grow, in the United States and around the world.

The U.S. generates half of its electricity from coal. And it has vast reserves of it – the equivalent of three times Saudi Arabia's proven oil reserves. Coal's share of world energy, which stands at roughly 25 per cent, is still growing at a rate of one percentage point a year, mainly the result of growing use in China.

Even compared with other fossil fuels, coal produces more CO2 per kilowatts of electricity produced, according to experts.

An interesting question for Canada to consider is the relative contribution to CO2 emissions of oil sands and coal. But comparisons are tricky. Coal is typically used to generate electricity, while oil sands crude is used mainly for gasoline or heating oil.

Environmentalists argue that both fuels are equally bad from a pollution perspective, and need to be cleaned up or limited.

“Tar sands and coal are things that both countries are going to have to deal with,” pointed out Susan Casey-Lefkowitz, a senior attorney with the Natural Resources Defense Council in Washington.

For the time being, the coal industry's objective seems to be to continue to mine and burn as much coal as possible, for as long as possible.

That will bolster U.S. energy independence.

But there's nothing particularly clean about it.

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What to know about the big climate change meeting in Katowice, Poland

COP24 Climate Talks in Poland gather nearly 200 nations to finalize the Paris Agreement rulebook, advance the Talanoa Dialogue, strengthen emissions reporting and transparency, and align finance, technology transfer, and IPCC science for urgent mitigation.

 

Key Points

UNFCCC summit in Katowice to finalize Paris rules, enhance transparency, and drive stronger emissions cuts.

✅ Paris rulebook on reporting, transparency, markets, and timelines

✅ Talanoa Dialogue to assess gaps and raise ambition by 2020

✅ Finance and tech transfer for developing countries under UNFCCC

 

Delegates from nearly 200 countries have assembled this month in Katowice, Poland — the heart of coal country — to try to move the ball forward on battling climate change.

It’s now the 24th annual meeting, or “COP” — conference of the parties — under the landmark U.N. Framework Convention on Climate Change, which the United States signed under then-President George H.W. Bush in 1992. More significantly, it’s the third such meeting since nations adopted the Paris climate agreement in 2015, widely seen at the time as a landmark moment in which, at last, developed and developing countries would share a path toward cutting greenhouse gas emissions, as Obama's clean energy push sought to lock in momentum.

But the surge of optimism that came with Paris has faded lately. The United States, the second largest greenhouse gas emitter, said it would withdraw from the agreement, though it has not formally done so yet. Many other countries are off target when it comes to meeting their initial round of Paris promises — promises that are widely acknowledged to be too weak to begin with. And emissions have begun to rise after a brief hiatus that had lent some hope of progress.

The latest science, meanwhile, is pointing toward increasingly dire outcomes. The amount of global warming that the world already has seen — 1 degree Celsius, 1.8 degrees Fahrenheit — has upended the Arctic, is killing coral reefs and may have begun to destabilize a massive part of Antarctica. A new report from the U.N.'s Intergovernmental Panel on Climate Change (IPCC), requested by the countries that assembled in Paris to be timed for this year’s meeting, finds a variety of increasingly severe effects as soon as a rise of 1.5 degrees Celsius arrives — an outcome that can’t be avoided without emissions cuts so steep that they would require societal transformations without any known historical parallel, the panel found.

It’s in this context that countries are meeting in Poland, with expectations and stakes high.

So what’s on the agenda in Poland?

The answer starts with the Paris agreement, which was negotiated three years ago, has been signed by 197 countries and is a mere 27 pages long. It covers a lot, laying out a huge new regime not only for the world as a whole to cut its greenhouse gas emissions, but for each individual country to regularly make new emissions-cutting pledges, strengthen them over time, report emissions to the rest of the world and much more. It also addresses financial obligations that developed countries have to developing countries, including how to achieve clean and universal electricity at scale, and how technologies will be transferred to help that.

But those 27 pages leave open to interpretation many fine points for how it will all work. So in Poland, countries are performing a detailed annotation of the Paris agreement, drafting a “rule book” that will span hundreds of pages.

That may sound bureaucratic, but it’s key to addressing many of the flash points. For instance, it will be hard for countries to trust that their fellow nations are cutting emissions without clear standards for reporting and vetting. Not everybody is ready to accept a process like the one followed in the United States, which not only publishes its emissions totals but also has an independent review of the findings.

“A number of the developing countries are resisting that kind of model for themselves. They see it as an intrusion on their sovereignty,” said Alden Meyer, director of strategy and policy at the Union of Concerned Scientists and one of the many participants in Poland this week. “That’s going to be a pretty tough issue at the end of the day.”

It’s hardly the only one. Also unclear is what countries will do after the time frames on their current emissions-cutting promises are up, which for many is 2025 or 2030. Will all countries then start reporting newer and more ambitious promises every five years? Every 10 years?

That really matters when five years of greenhouse gas emissions — currently about 40 billion tons of carbon dioxide annually — are capable of directly affecting the planet’s temperature.

What can we expect each day?

The conference is in its second week, when higher-level players — basically, the equivalent of cabinet-level leaders in the United States — are in Katowice to advance the negotiations.

As this happens, several big events are on the agenda. On Tuesday and Wednesday is the “Talanoa Dialogue,” which will bring together world leaders in a series of group meetings to discuss these key questions: “Where are we? Where do we want to go? How do we get there?”

Friday is the last day of the conference, but pros know these events tend to run long. On Friday — or after — we will be waiting for an overall statement or decision from the meeting which may signal how much has been achieved.

What is the “Talanoa Dialogue”?

“Talanoa” is a word used in Fiji and in many other Pacific islands to refer to “the sharing of ideas, skills and experience through storytelling.” This is the process that organizers settled on to fulfill a plan formed in Paris in 2015.

That year, along with signing the Paris agreement, nations released a decision that in 2018 there should be a “facilitative dialogue" among the countries “to take stock” of where their efforts stood to reduce greenhouse gas emissions. This was important because going into that Paris meeting, it was already clear that countries' promises were not strong enough to hold global warming below a rise of 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures.

This dialogue, in the Talanoa process, was meant to prompt reflection and maybe even soul searching about what more would have to be done. Throughout the year, “inputs” to the Talanoa dialogue — most prominently, the recent report by the United Nations' Intergovernmental Panel on Climate Change on the meaning and consequences of 1.5 degrees Celsius of warming —have been compiled and synthesized. Now, over two days in Poland, countries' ministers will assemble to share stories in small groups about what is working and what is not and to assess where the world as a whole is on achieving the required greenhouse gas emissions reductions.

What remains to be seen is whether this process will culminate in any kind of product or statement that calls clearly for immediate, strong ramping up of climate change promises across the world.

With the clock ticking, will countries do anything to increase their ambition at this meeting?

If negotiating the Paris rule book sounds disappointingly technical, well, you’re not the only one feeling that way. Pressure is mounting for countries to accomplish something more than that in Poland — to at minimum give a strong signal that they understand that the science is looking worse and worse, and the world’s progress on the global energy transition isn’t matching that outlook.

“The bigger issue is how we’re going to get to an outcome on greater ambition,” said Lou Leonard, senior vice president for climate and energy at the World Wildlife Fund, who is in Poland observing the talks. “And I think the first week was not kind on moving that part of the agenda forward.”

Most countries are not likely to make new emissions-cutting promises this week. But there are two ways that the meeting could give a strong statement that countries should — or will — come up with new promises at least by 2020. That’s when extremely dramatic emissions cuts would have to start, including progress toward net-zero electricity by mid-century, according to the recent report on 1.5 degrees Celsius of warming.

The first is the aforementioned “Talanoa dialogue” (see above). It’s possible that the outcome of the dialogue could be a statement acknowledging that the world isn’t nearly far enough along and calling for much stronger steps.

There will also be a decision text released for the meeting as a whole, which could potentially send a signal. Leonard said he hopes that would include details for the next steps that will put the world on a better course.

“We have to create milestones, and the politics around it that will pressure countries to do something that quite frankly they don’t want to do,” he said. “It’s not going to be easy. That’s why we need a process that will help make it happen. And make the most of the IPCC report that was designed to come out right now so it could do this for us. That’s why we have it, and it needs to serve that role.”

The United States says it will withdraw from the agreement, so what role is it playing in Poland?

Despite President Trump’s pledge to withdraw, the United States remains in the Paris agreement (for now) and has sent a delegation of 44 people to Poland, largely from the State Department but also from the Environmental Protection Agency, Energy Department and even the White House, while domestically a historic U.S. climate law has recently passed to accelerate clean energy. Many of these career government officials remain deeply engaged in hashing out details of the agreement.

Still, the country as a whole is being cast in an antagonistic role in the talks.

 

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BC Hydro activates "winter payment plan"

BC Hydro Winter Payment Plan lets customers spread electricity bills over six months during cold weather, easing costs amid colder-than-average temperatures in British Columbia, with low-income conservation support, energy-saving kits, and insulation upgrades.

 

Key Points

Allows BC Hydro customers to spread winter electricity bills over six months, with added low-income efficiency support.

✅ Spread Dec-Mar bills across six months

✅ Eases costs during colder-than-average temperatures

✅ Includes low-income conservation and energy-saving kits

 

As colder temperatures set in across the province again this weekend, BC Hydro says it is activating its winter payment plan to give customers the opportunity to spread out their electricity bills as demand can reach record levels during extreme cold periods.

"Our meteorologists are predicting colder-than-average temperatures will continue over the next of couple of months and we want to provide customers with help to manage their payments," said Chris O'Riley, BC Hydro's president.

All BC Hydro customers will be able to spread payments from the billing period spanning Dec. 1, 2017 to March 31, 2018 over a six-month period.

Cold weather in the second half of December 2017 led to surging electricity demand that was higher than the previous 10-year average and has at times hit all-time highs during peak usage periods, according to BC Hydro.

Hydro operations also respond to summer conditions, as drought and low rainfall can force adjustments in power generation strategies.

People who heat their homes with electricity — about 40 per cent of British Columbians —  have the highest overall bills in the province, $197 more in December than in July, when air conditioning use can affect energy costs.

This is the second year the Crown corporation has activated a cold-weather payment plan, part of broader customer assistance programs it offers.  

BC Hydro has also increased funding for its low-income conservation programs by $2.2 million for a total of $10 million over the next three years. 

The low-income program provides energy-saving kits that include things like free energy assessments, insulation upgrades and weather stripping. 

 

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How vehicle-to-building charging can save costs, reduce GHGs and help balance the grid: study

Ontario EV Battery Storage ROI leverages V2B, V2G, two-way charging, demand response, and second-life batteries to monetize peak pricing, cut GHG emissions, and unlock up to $38,000 in lifetime value for commuters and buildings.

 

Key Points

The economic return from V2B/V2G two-way charging and second-life storage using EV batteries within Ontario's grid.

✅ Monetize peak pricing via workplace V2B discharging

✅ Earn up to $8,400 per EV over vehicle life

✅ Reduce gas generation and GHGs with demand response

 

The payback that usually comes to mind when people buy an electric vehicle is to drive an emissions-free, low-maintenance, better-performing mode of transportation.

On top of that, you can now add $38,000.

That, according to a new report from Ontario electric vehicle education and advocacy nonprofit, Plug‘n Drive, is the potential lifetime return for an electric car driven as a commuter vehicle while also being used as an electricity storage option amid an energy storage crunch in Ontario’s electricity system.

“EVs contain large batteries that store electric energy,” says the report. “Besides driving the car, [those] batteries have two other potentially useful applications: mobile storage via vehicle-to-grid while they are installed in the vehicle, and second-life storage after the vehicle batteries are retired.”

Pricing and demand differentials
The study, prepared by the research firm Strategic Policy Economics, modeled a two-stage scenario calculating the total benefits from both mobile and second-life storage when taking advantage of differences in daytime and nighttime electricity pricing and demand.


If done systematically and at scale, the combined benefits to EV owners, building operators and the electricity system in Ontario could reach $129 million per year by 2035, according to the report. Along with the financial gains, the province would also cut GHG emissions by up to 67.2 kilotons annually.

The math might sound complicated, but the concepts are simple. All it requires is for drivers to charge their batteries with low-cost electricity overnight at home, then plug them into two-way EV charging stations at work and discharge their stored electricity for use by the building by day when buying power from the grid is more expensive.

“Workplace buildings could avoid high daytime prices by purchasing electricity from EVs parked onsite and enjoy savings as a result,” says the report.

Based on average commuting distances, EVs in this scenario could make half their storage capacity available for discharge. Drivers would be paid out of the building’s savings, effectively selling electricity back to the grid and earning up to $8,400 over the life of their vehicle.

According to the report, Ontario could have as many as 18,555 vehicles participating in mobile storage by 2030. At this level, the daily electricity demand would be reduced by 565 MWh. This, in turn, would reduce demand for natural gas-fired electricity generation, a fossil-fuel electricity source, avoiding the expense of gas purchases while reducing GHG emissions.

The second-life storage opportunity begins when the vehicle lifespan ends. “EV batteries will still have over 80% of their storage capacity after being driven for 13 years and providing mobile storage,” the report states. “Those-second life batteries could provide a low-cost energy storage solution for the electricity grid and enhance grid stability over time.”

Some of the savings could be shared with EV owners in the form of a rebate worth up to 20 per cent of the batteries’ initial cost.

Call to action
The report concludes with a call to action for EV advocates to press policy makers and other stakeholders to take actions on building codes, the federal Clean Fuel Standard and other business models in order to maximize the benefits of using EV batteries for the electricity system in this way, even as growing adoption could challenge power grids in some regions.

“EVs are often approached as an environmental solution to climate change,” says Cara Clairman, Plug’n Drive president and CEO. “While this is true, there are significant economic opportunities that are often overlooked.”

 

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Nova Scotia Power delays start of controversial new charge for solar customers

Nova Scotia Power solar charge proposes an $8/kW monthly system access fee on net metering customers, citing grid costs. UARB review, carbon credits, rate hikes, and solar industry impacts fuel political and consumer backlash.

 

Key Points

A proposed $8/kW monthly grid access fee on net metered solar customers, delayed to Feb 1, 2023, pending UARB review.

✅ $8/kW monthly system access fee on net metering

✅ Delay to Feb 1, 2023 after industry and political pushback

✅ UARB review; debate over grid costs and carbon credits

 

Nova Scotia Power has pushed back by a year the start date of a proposed new charge for customers who generate electricity and sell it back to the grid, following days of concern from the solar industry and politicians worried that it will damage the sector.

The company applied to the Nova Scotia Utility and Review Board (UARB) last week for various changes, including a "system access charge" of $8 per kilowatt monthly on net metered installations, and the province cannot order the utility to lower rates under current law. The vast majority of the province's 4,100 net metering customers are residential customers with solar power, according to the application. 

The proposed charge would have come into effect Tuesday if approved, but Nova Scotia Power said in a news release Tuesday it will change the date in its filing from Feb. 1, 2022, to Feb. 1, 2023.

"We understand that the solar industry was taken off guard," utility CEO Peter Gregg said in an interview.

"There could have been an opportunity to have more conversations in advance."

Gregg said the utility will meet with members of the solar industry over the next year to work on finding solutions that support the sector's growth, while addressing what NSP sees as an inequity in the net metering system.

NSP recognized that customers who choose solar invest a significant amount and pay for the electricity they use, but they don't pay for costs associated with accessing the electrical grid when they need energy, such as on cold winter evenings when the sun is not shining.

"I know that's hit a nerve, but it doesn't take away the fact that it is an issue," Gregg said.

He said this is an issue utilities are navigating around North America, where seasonal rate designs have sparked consumer backlash in New Brunswick, and NSP is open to hearing ideas for other models of charges or fees.

The utility's suggested system access charge closely resembles one proposed in California, which has also raised major concerns from the solar industry and been criticized by the likes of Elon Musk, and has parallels to Massachusetts solar demand charges as well.

Although the "solar profile" of Nova Scotia and California is very different, with far more solar customers in that state, and in other provinces such as Saskatchewan, NDP criticism of 8% hikes has intensified affordability debates, Gregg said the fundamental issues are the same.

For those with a typical 10-kilowatt solar system, which generates around $1,800 of electricity a year, the new charge would mean those customers would be required to pay $960 back to NSP. That would roughly double the length of time it takes for those customers to pay off their investment for the panels.

David Brushett, chair of Solar Nova Scotia, said he relayed concerns from solar installers and others in the industry to Gregg on Monday. 

Brushett said the year delay is a positive first step, but he is still calling on the province to take a strong stance against the application, which has led to customers cancelling their panel installations and companies considering layoffs.

"There's still an urgency to this situation that hasn't been addressed, and we need to kind of protect the industry," he said Tuesday.

NSP's original application proposed exempting net metering customers who enrolled before Feb. 1, 2022, from the charge for 25 years after they sign up. But any benefit would be lost if those customers sold their home, and the exemption wouldn't extend to the new buyers, said Brushett.


Carbon offsets missing from equation: industry
Brushett said NSP "completely ignored" the fact that it's getting free carbon offset credits from homeowners who use solar energy under the provincial cap and trade program.

If the net metering system continues as is, NSP has said non-solar customers would pay about $55 million between now and 2030. That number assumes about 2,000 people sign up for net metering each year over the next nine years.

When asked whether those carbon emission credits were factored into the calculations for the proposed charge, Gregg said, "I don't believe in the current structure it is, but it's something that certainly we'd be open to hearing about."

Brushett said his group is finalizing a legal response to NSP's proposal and has already filed an official complaint against the company with the UARB.


Base charge on actual electrical output: customer
At least one shareholder in NSP parent company Emera is considering selling his shares in response to the application.

Joe Hood, a shareholder from Middle Sackville, said the proposed charge won't apply to his existing 11.16-kilowatt solar system, but if it did, it would cost him $1,071 a year.

"I am offended that a company I would invest in would do this to the solar industry in Nova Scotia," he said.

According to his meter, Hood said he pushed 9,600 kilowatt hours of solar electricity to the grid last year— some only for a brief period, and all of which was used by his home by the end of the year.

Under the proposed charge, someone with one solar panel who goes away on vacation in the summer would push all their electricity to the grid, and be charged far less than someone with 10 panels who has used all their own power and hasn't pushed anything.

"Nova Scotia Power's argument is that it's an issue with the grid. Well, then it should be based on what touches the grid," Hood said.

Far from actually making the system fair for everyone, Hood said this charge places solar only in the hands of the super-rich or NSP, with projects like its community solar gardens in Amherst, N.S.


Green Party suggests legislation update
Nova Scotia's Green Party also said Tuesday that Gregg's arguments of fairness are misleading, echoing earlier premier opposition to a 14% hike on rates.

The party is calling for an update to the Electricity Act that would "prevent penalizing any activity that helps Nova Scotia reach its emissions target," aligning with calls to make the electricity system more accountable to residents.

In its application, NSP has also asked to increase electricity rates for residential customers by at least 10 per cent over the next three years, amid debate that culminated in a 14% rate hike approval by regulators. 

The company wants to maintain its nine per cent rate of return.

NSP expects to earn $153 million this year, $192 million in 2023, and $213 million in 2024 from its rate of return. 

 

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Ontario to seek new wind, solar power to help ease coming electricity supply crunch

Ontario Clean Grid Plan outlines emissions-free electricity growth, renewable energy procurement, nuclear expansion at Bruce and Darlington, reduced natural gas, grid reliability, and net-zero alignment to meet IESO demand forecasts and EV manufacturing loads.

 

Key Points

A plan to expand emissions-free power via renewables and nuclear, cut natural gas use, and meet growing demand.

✅ Targets renewables, hydro, and nuclear capacity growth

✅ Aims to reduce reliance on gas for grid reliability

✅ Aligns with IESO demand forecasts and EV manufacturing loads

 

Ontario is working toward filling all of the province’s quickly growing electricity needs with emissions-free sources, including a plan to secure new renewable generation and clean power options, but isn’t quite ready to commit to a moratorium on natural gas.

Energy Minister Todd Smith announced Monday a plan to address growing energy needs for 2030 to 2050 — the Independent Electricity System Operator projects Ontario’s electricity demand could double by mid-century — and next steps involve looking for new wind, solar and hydroelectric power.

“While we may not need to start building today, government and those in the energy sector need to start planning immediately, so we have new clean, zero-emissions projects ready to go when we need them,” Smith said in Windsor, Ont.

The strategy also includes two nuclear projects announced last week — a new large-scale nuclear plant at Bruce Power on the shore of Lake Huron and three new small modular reactors at the site of the Darlington nuclear plant east of Toronto.

Those projects, enough to power six million homes, will help Ontario end its reliance on natural gas to generate electricity, said Smith, but committing to a natural gas moratorium in 2027 and eliminating natural gas by 2050 is contingent on the federal government helping to speed up the new nuclear facilities.

“Today’s report, the Powering Ontario’s Growth plan, commits us to working towards a 100 per cent clean grid,” Smith said in an interview.

“Hopefully the federal government can get on board with our intentions to build this clean generation as quickly as possible … That will put us in a much better position to use our natural gas facilities less in the future, if we can get those new projects online.”

The IESO has said that natural gas is required to ensure supply and stability in the short to medium term, as Ontario works on balancing demand and emissions across the grid, but that it will also increase greenhouse gas emissions from the electricity sector.

The province is expected to face increased demand for electricity from expanded electric vehicle use and manufacturing in the coming years, even as a $400-billion cost estimate for greening the grid is debated.

Keith Brooks, programs director for Environmental Defence, said the provincial plan could have been much more robust, containing firm timelines and commitments.

“This plan does not commit to getting emissions out of the system,” he said.

“It doesn’t commit to net zero, doesn’t set a timeline for a net zero goal or have any projection around emissions from Ontario’s electricity sector going forward. In fact, it’s not really a plan. It doesn’t set out any real goals and it doesn’t it doesn’t project what Ontario’s supply mix might look like.”

The Canadian Climate Institute applauded the plan’s focus on reducing reliance on gas-fired generation and emphasizing non-emitting generation, but also said there are still some question marks.

“The plan is silent on whether the province intends to construct new gas-fired generation facilities,” even as new gas plant expansions are proposed, senior research director Jason Dion wrote in a statement.

“The province should avoid building new gas plants since cost-effective alternatives are available, and such facilities are likely to end up as stranded assets. The province’s timeline for reaching net zero generation is also unclear. Canada and other G7 countries have set a target for 2035, something Ontario will need to address if it wants to remain competitive.”

 

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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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