NPPD assessing damage to transmission lines, structures

California Managed Decline of Fossil Fuels aligns oil phaseout with carbon neutrality, leveraging ZEV adoption, solar and wind growth, severance taxes, drilling setbacks, fracking oversight, CARB rules, and CalGEM regulation to deliver a just transition.

Key Points

California's strategy to phase out oil and gas while meeting carbon-neutral goals through policy, regulation, and equity.

✅ Severance taxes fund clean energy and workforce transition.

✅ Setbacks restrict drilling near schools, homes, and hospitals.

✅ CARB and CalGEM tighten fracking oversight and ZEV targets.

California’s energy past is on a collision course with its future. Think of major oil-producing U.S. states, and Texas, Alaska or North Dakota probably come to mind. Although its position relative to other states has been falling for 20 years, California remains the seventh-largest oil-producing state, with 162 million barrels of crude coming up in 2018, translating to tax revenue and jobs.

At the same time, California leads the nation in solar rooftops and electric vehicles on the road by a wide margin and ranking fifth in installed wind capacity. Clean energy is the state’s future, and the state is increasingly exporting its energy policies across the West, influencing regional markets. By law, California must have 100 percent carbon-free electricity by 2045, and an executive order signed by former Governor Jerry Brown calls for economywide carbon-neutrality by the same year.

So how can the state reconcile its divergent energy path? How should clean-energy-minded lawmakers wind down California’s oil and gas sector in a way that aligns with the state’s long-term climate targets while providing a just transition for the industry’s workforce?

Any efforts to reduce fossil fuel supply must run parallel to aggressive demand-reduction measures such as California’s push to have 5 million zero-emission vehicles on the road by 2030, said Ethan Elkind, director of Berkeley Law's climate program, especially amid debates over keeping the lights on without fossil fuels in the near term. After all, if oil demand in California remains strong, crude from outside the state will simply fill the void.

“If we don’t stop using it, then that supply is going to get here, even if it’s not produced in-state,” Elkind said in an interview.

Lawmakers have a number of options for policies that would draw down and eventually phase out fossil fuel production in California, according to a new report from the Center for Law, Energy and the Environment at the UC Berkeley School of Law, co-authored by Elkind and Ted Lamm.

They could impose a higher price on California's oil production through a "severance" tax or carbon-based fee, with the revenue directed to measures that wean the state from fossil fuels. (California, alone among major oil-producing states, does not have an oil severance tax.)

Lawmakers could establish a minimum drilling setback from schools, playgrounds, homes and other sensitive sites. They could push the state's oil and gas regulator, the California Geologic Energy Management Division, to prioritize environmental and climate concerns.

A major factor holding lawmakers back is, of course, politics, including debates over blackouts and climate policy that shape public perception. Given the state’s clean-energy ambitions, it might surprise non-Californians that the oil and gas industry is one of the Golden State’s most powerful special interest groups.

Overcoming a "third-rail issue" in California politics
The Western States Petroleum Association, the sector’s trade group in California's capital of Sacramento, spent $8.8 million lobbying state policymakers in 2019, more than any other interest group. Over the last five years, the group, which cultivates both Democratic and Republican lawmakers, has spent $43.3 million on lobbying, nearly double the total of the second-largest lobbying spender.

Despite former Governor Brown’s reputation as a climate champion, critics say he was unwilling to forcefully take on the oil and gas industry. However, things may take a different turn under Brown's successor, Governor Gavin Newsom.

In May 2019, when Newsom released California's midyear budget revision (PDF), the governor's office noted the need for "careful study and planning to decrease demand and supply of fossil fuels, while managing the decline in a way that is economically responsible and sustainable.”

Related reliability concerns surfaced as blackouts revealed lapses in power supply across the state.

Writing for the advocacy organization Oil Change International, David Turnbull observed, “This may mark the first time that a sitting governor in California has recognized the need to embark upon a managed decline of fossil fuel supply in the state.”

“It is significant because typically this is one of those third-rail issues, kind of a hot potato that governors don’t even want to touch at all — including Jerry Brown, to a large extent, who really focused much more on the demand side of fuel consumption in the state,” said Berkeley Law’s Elkind.

California's revised budget included $1.5 million for a Transition to a Carbon-Neutral Economy report, which is being prepared by University of California researchers for the California Environmental Protection Agency. In an email, a CalEPA spokesperson said the report is due by the end of this year.

Winding down oil and gas production
Since the release of the revised budget last May, Newsom has taken initial steps to increase oversight of the oil and gas industry. In July 2019, he fired the state’s top oil and gas regulator for issuing too many permits to hydraulically fracture, or frack, wells.

Later in the year, he appointed new leadership to oversee oil and gas regulation in the state, and he signed a package of bills that placed constraints on fossil fuel production. The next month, Newsom halted the approval of new fracking operations until pending permits could be reviewed by a panel of scientists at Lawrence Livermore National Laboratory. The California Geologic Energy Management Division (CalGEM) did not resume issuing fracking permit approvals until April of this year.

Not all steps have been in the same direction. This month Newsom dropped a proposal to add dozens of analysts, engineers and geologists at CalGEM, citing COVID-related economic pressure. The move would have increased regulatory oversight on fossil fuel producers and was opposed by the state's oil industry.

Ultimately, more durable measures to wind down fossil fuel supply and demand will require new legislation, even as regulators weigh whether the state needs more power plants to maintain reliability.

A 2019 bill by Assemblymember Al Muratsuchi (D-Torrance), AB 345, would have codified the minimum 2,500-foot setback for new oil and gas wells. However, before the final vote in the Assembly, the bill’s buffer requirement was dropped and replaced with a requirement for CalGEM “to consider a setback distance of 2,500 feet.” The bill passed the Assembly in January over "no" votes from several moderate Democrats; it now awaits action in the Senate.

A bill previously introduced by Assemblymember Phil Ting (D-San Francisco), AB 1745, didn’t even make it that far. Ting’s bill would have required that all new passenger cars registered in the state after January 1, 2040, be zero-emission vehicles (ZEV). The bill died in committee without a vote in April 2018.

But the backing of the California Air Resources Board (CARB), one of the world's most powerful air-quality regulators, could change the political conversation. In March, CARB chair Mary Nichols said she now supports consideration of California establishing a 100 percent zero-emission vehicle sales target by 2030, as policymakers also consider a revamp of electricity rates to clean the grid.

“In the past, I’ve been skeptical about whether that would do more harm than good in terms of the backlash by dealers and others against something that sounded so un-California like,” Nichols said during an online event. “But as time has gone on, I’ve become more convinced that we need to send the longer-term signal about where we’re headed.”

Another complicating factor for California’s political leaders is the lack of a willing federal partner — at least in the short term — in winding down oil and gas production, amid warnings about a looming electricity shortage that could pressure the grid.

Under the Trump administration, the Bureau of Land Management, which oversees 15 million acres of federal land in California, has pushed to open more than 1 million acres of public and private land across eight counties in Central California to fracking. In January 2020, California filed a federal lawsuit to block the move.

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Yukon SMR Feasibility Study examines small modular reactors as low-emissions nuclear power for Yukon's grid and remote communities, comparing costs, safety, waste, and reliability with diesel generation, renewables, and energy efficiency.

Key Points

An official assessment of small modular reactors as low-emission power options for Yukon's grid and remote sites.

✅ Compares SMR costs vs diesel, hydro, wind, and solar

✅ Evaluates safety, waste, fuel logistics, decommissioning

✅ Considers remote community loads and grid integration

The Yukon government is looking for ways to reduce the territory's emissions, and wondering if nuclear power is one way to go.

The territory is undertaking a feasibility study, and, as some developers note, combining multiple energy sources can make better projects, to determine whether there's a future for SMRs — small modular reactors — as a low-emissions alternative to things such as diesel power.

The idea, said John Streicker, Yukon's minister of energy, mines and resources, is to bring the SMRs into the Yukon to generate electricity.

"Even the micro ones, you could consider in our remote communities or wherever you've got a point load of energy demand," Streicker said. "Especially electricity demand."

For remote coastal communities elsewhere in Canada, tidal energy is being explored as a low-emissions option as well.

SMRs are nuclear reactors that use fission to produce energy, similar to existing large reactors, but with a smaller power capacity. The International Atomic Energy Agency (IAEA) defines reactors as "small" if their output is under 300 MW. A traditional nuclear power plant produces about three times as much power or more.

They're "modular" because they're designed to be factory-assembled, and then installed where needed. 

Several provinces have already signed an agreement supporting the development of SMRs, and in Alberta's energy mix that conversation spans both green and fossil power, and Canada's first grid-scale SMRs could be in place in Ontario by 2028 and Saskatchewan by 2032.

A year ago, the government of Yukon endorsed Canada's SMR action plan, at a time when analysts argue that zero-emission electricity by 2035 is practical and profitable, agreeing to "monitor the progress of SMR technologies throughout Canada with the goal of identifying potential for applicability in our northern jurisdiction."

The territory is now following through by hiring someone to look at whether SMRs could make sense as a cleaner-energy alternative in Yukon. 

The territorial government has set a goal of reducing emissions by 45 per cent by 2030, excluding mining emissions, even as some analyses argue that zero-emissions electricity by 2035 is possible, and "future emissions actions for post-2030 have not yet been identified," reads the government's request for proposals to do the SMR study. 

Streicker acknowledges the potential for nuclear power in Yukon is a bit of "long shot" — but says it's one that can't be ignored.

"We need to look at all possible solutions," he said, as countries such as New Zealand's electricity sector debate their future pathways.

"I don't want to give the sense like we're putting all of our emphasis and energy towards nuclear power. We're not."

According to Streicker, it's nothing more than a study at this point.

Don't bother, researcher says
Still, M.V. Ramana, a professor at the School of Public Policy and Global Affairs at the University of British Columbia, said it's a study that's likely a waste of time and money. He says there's been plenty of research already, and to him, SMRs are just not a realistic option for Yukon or anywhere in Canada.

"I would say that, you know, that study can be done in two weeks by a graduate student, essentially, all right? They just have to go look at the literature on SMRs and look at the critical literature on this," Ramana said.

Ramana co-authored a research paper last year, looking at the potential for SMRs in remote communities or mine sites. The conclusion was that SMRs will be too expensive and there won't be enough demand to justify investing in them.

He said nuclear reactors are expensive, which is why their construction has "dried up" in much of the world.

"They generate electricity at very high prices," he said.

'They just have to go look at the literature,' said M.V. Ramana, a professor at the School of Public Policy and Global Affairs at the University of British Columbia. (Paul Joseph)
"[For] smaller reactors, the overall costs go down. But the amount of electricity that they will generate goes down even further."

The environmental case is also shaky, according to a statement signed last year by dozens of Canadian environmental and community groups, including the Sierra Club, Greenpeace, the Council of Canadians and the Canadian Environmental Law Associaton (CELA). The statement calls SMRs a "dirty, dangerous distraction" from tackling climate change and criticized the federal government for investing in the technology.

"We have to remember that the majority of the rhetoric we hear is from nuclear advocates. And so they are promoting what I would call, and other legal scholars and academics have called, a nuclear fantasy," said Kerrie Blaise of CELA.

Blaise describes the nuclear industry as facing an unknown future, with some of North America's larger reactors set to be decommissioned in the coming years. SMRs are therefore touted as the future.

"They're looking for a solution. And so that I would say climate change presents that timely solution for them."

Blaise argues the same safety and environmental questions exist for SMRs as for any nuclear reactors — such as how to produce and transport fuel safely, what to do with waste, and how to decommission them — and those can't be glossed over in a single-minded pursuit of lower carbon emissions.  

Main focus is still renewables, minister says
Yukon's energy minister agrees, and he's eager to emphasize that the territory is not committed to anything right now beyond a study.

"Every government has a responsibility to do diligence around this," Streicker said.

A solar farm in Old Crow, Yukon. The territory's energy minister says Yukon is still primarily focussed on renewables, and energy efficiency. (Caleb Charlie)
He also dismisses the idea that studying nuclear power is any sort of distraction from his government's response to climate change right now. Yukon's main focus is still renewable energy such as solar and wind power, though Canada's solar progress is often criticized as lagging, increasing efficiency, and connecting Yukon's grid to the hydro project in Atlin, B.C., he said.

Streicker has been open to nuclear energy in the past. As a federal Green Party candidate in 2008, Streicker broke with the party line to suggest that nuclear could be a viable energy alternative. 

He acknowledges that nuclear power is always a hot-button issue, and Yukoners will have strong feelings about it. A lot will depend on how any future regulatory process works, he says.

In taking action on climate, this Arctic community wants to be a beacon to the world
Cameco signs agreement with nuclear reactor company
"There's some people that think it's the 'Hail Mary,' and some people that think it's evil incarnate," he said. 

"Buried deep within Our Clean Future [Yukon's climate change strategy], there's a line in there that says we should keep an eye on other technologies, for example, nuclear. That's what this [study] is — it's to keep an eye on it."

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Clean Energy Standard charts a federal path to decarbonize the power sector, scaling renewables, wind, solar, nuclear, and carbon capture to slash emissions, create green jobs, and reach net-zero targets amid the climate crisis.

Key Points

A federal policy to expand clean power and cut emissions with renewables, nuclear, and carbon capture toward net-zero.

✅ Mandates annual increases in clean electricity supply

✅ Includes renewables, nuclear, hydro, and carbon capture

✅ Targets rapid emissions cuts and net-zero by mid-century

The world has been put on notice. Last year, both the UN Intergovernmental Panel on Climate Change and the U.S. National Climate Assessment warned that we need to slash greenhouse gas emissions to avoid disastrous impacts of global warming. Their direct language forecasting devastating effects on our health, economics, environment, and ways of life has made even more urgent the responsibility we all have to act boldly to combat the climate crisis.

This week, we’re adding one important tool for addressing the climate crisis to the national conversation.

Together, we’re taking that bold action. The Climate reports made clear that to limit the global temperature rise and stave off devastating impacts to our climate—human-caused CO2 emissions must fall rapidly by 2030 and that we, as a global community, underscored at the Katowice climate talks, must reach net-zero emissions by the middle of the century. The Clean Energy Standard is federal legislation that offers a pathway toward decarbonizing our power sector and helping our nation accomplish a goal of net-zero emissions by the 2050s.

Under this plan, any company selling retail electricity will have a mandate to increase the amount of clean energy provided to its customers. It will incentivize clean electricity investment to put the U.S. on a sustainable path.

To deal most effectively with a crisis, all tools must be on the table. Our plan focuses solely on emissions, and there is a place for all technologies that can put us on the path to net zero. That will mean drastic increases in wind and solar energy for sure, as states like California pursue a 100% carbon-free electricity mandate to accelerate deployment, but nuclear power, hydro power, and fossil fuels with carbon capture and storage all have important roles to play.

We’re doing this because the science is clear – tackling our climate crisis requires serious and rapid action to control greenhouse gas emissions, and the push for decarbonization is irreversible according to many. Inaction on the climate crisis puts our families at risk, and we’re not wasting any time. This is also an opportunity to create good-paying green jobs that can last generations and uplift the middle class.

We are doing this for the environment, but also for jobs and economic competitiveness. The green economy is the future and we’re ready to see it grow, with states like New York advancing a Green New Deal that drives innovation. The United States can lead, or we can follow, and we want our nation to lead.

And, because as a New Mexican and a Minnesotan, we know that the impacts of climate change go far beyond the headlines and political discourse. It means devastation within tamarack forests and an increase in deadly fires. It means hotter summers and shorter winters with extreme temperature swings throughout the year. It means devastating flash floods with increasingly intense rain. It’s impacting our pocketbooks when farmers and small businesses who work the land in rural communities are unable to make ends meet.

States across the country are already acting to combat the climate crisis – including Minnesota's 2050 carbon-free electricity plan and New Mexico. But in order to truly address climate change, we have to be in this together as Americans. If the problem is far-reaching, our solutions must be equally as holistic.

It's why we've worked with green groups and activists, unions, and communities across the country - from urban to rural - to create a solution that understands the different starting points communities face in reaching net zero emissions, but doesn't shrink from the absolute need to reach that standard.

There is not one solution to climate change – it will take a collective group of individuals prepared to boldly act. And we are ready to take on that fight.

In Congress, we have formed the House Select Committee on the Climate Crisis and the Senate Democrats’ Special Committee on the Climate Crisis to hear from everyday Americans how climate change is affecting them – and how we can come together to find solutions that build on the historic climate deal passed this year. We have heard the stories of young people worried about their futures. And we realize there is a sense of urgency to act.

Over the coming weeks and months, we will be building support from communities across the country to make this plan a reality. We will continue working with stakeholders to ensure every voice is heard. Most importantly, we will continue listening to you and your communities.

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Venezuela Power Outage cripples the national grid after a massive blackout; alleged cyber attacks at Guri Dam and Caracas, damaged transmission lines, CORPOELEC restoration, looting, water shortages, and sanctions pressure compound recovery.

Key Points

A March 2019 blackout crippling Venezuela's grid amid alleged cyber attacks, equipment failures, and slow restoration.

✅ Power restored partially after 96 hours across all states

✅ Alleged cyber attacks at Guri Dam and Caracas systems

✅ CORPOELEC urges reduced load during grid stabilization

Venezuelan authorities continue working to bring back online the electric grid following a massive outage that started on Thursday, March 7.

According to on-the-ground testimonies and official sources, power finally began to reach Venezuela’s western states, including Merida and Zulia, on Monday night, around 96 hours after the blackout started. Electricity has now been restored at least in some areas of every state, with authorities urging citizens, as seen in Ukraine's efforts to keep lights on during crisis, to avoid using heavy usage devices while efforts to restore the whole grid continue.

President Nicolas Maduro gave a televised address on Tuesday evening, offering more details about the alleged attack against the country’s electrical infrastructure. According to Maduro, both the computerized system in the Guri Dam, on Thursday afternoon, and the central electrical “brain” in Caracas, on Saturday morning, suffered cyber attacks, while recovery was delayed by physical attacks against transmission lines and electrical substations, a pattern seen in power outages in western Ukraine as well.

“The recovery has been a miracle by CORPOELEC (electricity) workers” he said, vowing that a “battle” had been won.

Maduro claimed that the attacks were directed from Chicago and Houston and that more evidence would be presented soon. The Venezuelan president had announced on Monday that two arrests were made in connection to alleged acts of sabotage against the communications system in the Guri Dam.

Venezuela’s electrical grid has suffered from poor maintenance and sabotage in recent years, with infrastructure strained by under-investment and Washington’s economic sanctions further compounding difficulties, with parallels to electricity inequality in California highlighting broader systemic challenges, though causes differ.

The extended power outage saw episodes of lootings take place, especially in the Zulia capital of Maracaibo. Food warehouses, supermarkets and a shopping mall were targeted according to reports and footage on social media.

Isolated episodes of protests and lootings were also reported in other cities, including some sectors of Caracas. A video spread on social media appeared to show a violent confrontation in the eastern city of Maturin in which a National Guardsman was shot dead.

While electricity has been gradually restored, public transportation and other services have yet to be reactivated, a contrast with U.S. grid resilience during COVID-19 where power systems remained stable, with the government suspending work and school activities until Wednesday.

In Caracas, attention has now turned to water. Shortages started to be felt after the water pumping system in the nearby Tuy valley was shut down amid the electricity blackout, underscoring that electricity is civilization in conflict zones, as interdependent systems cascade. Authorities announced on Tuesday afternoon that the system was due to resume supplying water to the capital metropolitan region.

Some communities protested the lack of water on Monday and long queues formed at water distribution points, with local authorities looking to send water tanks to supply communities and guarantee the normal functioning of hospitals.

The Venezuelan government has yet to release any information concerning casualties in hospitals, with NGO Doctors for Health reporting 24 dead as of Monday night following alleged contact with multiple hospitals. Higher figures, including claims of 80 newborns dead in Maracaibo, have been denied by local sources.

Self-proclaimed “Interim President” Juan Guaido has blamed the electricity crisis on government mismanagement and corruption, dismissing the government’s cyber attack thesis on the grounds that the system is analog, and attributing the national outage to a lack of qualified personnel needed to reactivate the grid. However, these claims have been called into question by people with knowledge of the system.

Guaido called for street protests on Tuesday afternoon which saw small groups momentarily take to streets in Caracas and other cities, or banging pots and pans from windows.

The opposition-controlled National Assembly, which has been in contempt of court since 2016, approved a decree on Monday declaring a state of “national alarm,” blaming the government for the current crisis and issuing instructions for public officials and security forces.

Likewise on Tuesday, Venezuelan Attorney General Tarek William Saab announced that an investigation was being opened against Guaido regarding his alleged responsibility for the recent power outage. Saab explained that this investigation would add to the previous one, opened on January 29, as well as determine responsibilities in instigating violence.

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California Electricity Rate Overhaul proposes a fixed fee and lower per-kWh rates to boost electrification, renewables, and grid reliability, while CPUC weighs impacts on conservation, low-income customers, and time-of-use pricing across the state.

Key Points

A proposal to add fixed fees and cut per-kWh prices to drive electrification, support renewables, and balance grid costs.

✅ Fixed monthly fee plus lower volumetric per-kWh charges

✅ Aims to accelerate EVs, heat pumps, and building electrification

✅ CPUC review weighs equity, conservation, and grid reliability

California is contemplating a significant overhaul to its electricity rate structure that could bring major changes to electric bills statewide, a move that has ignited debate among environmentalists and politicians alike. The proposed modifications, spearheaded by the California Energy Commission (CEC), would introduce a fixed fee on electric bills and lower the rate per kilowatt-hour (kWh) used.

Motivations for the Change

Proponents of the plan argue that it would incentivize Californians to transition to electric appliances and vehicles, a critical aspect of the state's ambitious climate goals. They reason that a lower per-unit cost would make electricity a more attractive option for applications like home heating and transportation, which are currently dominated by natural gas and gasoline. Additionally, they believe the plan would spur investment in renewable energy sources and distributed generation, ultimately leading to a cleaner electricity grid.

California has some of the most ambitious climate goals in the country, aiming to achieve carbon neutrality by 2045. The transportation sector is the state's largest source of greenhouse gas emissions, and electrification is considered a key strategy for reducing emissions. A 2021 report by the Natural Resources Defense Council (NRDC) found that electrifying all California vehicles and buildings could reduce greenhouse gas emissions by 80% compared to 2020 levels.

Concerns and Potential Impacts

Opponents of the proposal, including some consumer rights groups, express apprehensions that it would discourage conservation efforts. They argue that with a lower per-kWh cost, Californians would have less motivation to reduce their electricity consumption. Additionally, they raise concerns that the income-based fixed charges could disproportionately burden low-income households, who may struggle to afford the base charge regardless of their overall electricity consumption.

A recent study by the CEC suggests that the impact on most Californians would be negligible, even as regulators face calls for action over soaring bills from ratepayers across the state. The report predicts that the average household's electricity bill would change by less than $5 per month under the proposed system. However, some critics argue that this study may not fully account for the potential behavioral changes that could result from the new rate structure.

Similar Initiatives and National Implications

California is not the only state exploring changes to its electricity rates to promote clean energy. Hawaii and New York have also implemented similar programs to encourage consumers to use electricity during off-peak hours. These time-varying rates, also known as time-of-use rates, can help reduce strain on the electricity grid during peak demand periods.

The California proposal has garnered national attention as other states grapple with similar challenges in balancing clean energy goals with affordability concerns amid soaring electricity prices in California and beyond. The outcome of this debate could have significant implications for the broader effort to decarbonize the U.S. power sector.

The Road Ahead

The California Public Utilities Commission (CPUC) is reviewing the proposal and anticipates making a decision later this year, with a potential income-based flat-fee structure under consideration. The CPUC will likely consider the plan's potential benefits and drawbacks, including its impact on greenhouse gas emissions, electricity costs for consumers, and the overall reliability of the grid, even as some lawmakers seek to overturn income-based charges in the legislature.

The decision on California's electricity rates is merely one piece of the puzzle in the fight against climate change. However, it is a significant one, with the potential to shape the state's energy landscape for years to come, including the future of residential rooftop solar markets and investments.

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Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

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