Surge of support for nuclear Manufacturers urge Government to take action to solve power crisis

Nighttime Thermoelectric Generator converts radiative cooling into renewable energy, leveraging outer space cold; a Stanford-UCLA prototype complements solar, serving off-grid loads with low-power output during peak evening demand, using simple materials on a rooftop.

Key Points

A device converting nighttime radiative cooling into electricity, complementing solar for low-power evening needs.

✅ Uses thermocouples to convert temperature gradients to voltage.

✅ Exploits radiative cooling to outer space for night power.

✅ Complements solar; low-cost parts suit off-grid applications.

Two years ago, one freezing December night on a California rooftop, a tiny light shone weakly with a little help from the freezing night air. It wasn't a very bright glow. But it was enough to demonstrate the possibility of generating renewable power after the Sun goes down.

Working with Stanford University engineers Wei Li and Shanhui Fan, University of California Los Angeles materials scientist Aaswath Raman put together a device that produces a voltage by channelling the day's residual warmth into cooling air, effectively generating electricity from thin air with passive heat exchange.

"Our work highlights the many remaining opportunities for energy by taking advantage of the cold of outer space as a renewable energy resource," says Raman.

"We think this forms the basis of a complementary technology to solar. While the power output will always be substantially lower, it can operate at hours when solar cells cannot."

For all the merits of solar energy, it's just not a 24-7 source of power, although research into nighttime solar cells suggests new possibilities for after-dark generation. Sure, we can store it in a giant battery or use it to pump water up into a reservoir for later, but until we have more economical solutions, nighttime is going to be a quiet time for renewable solar power. 

Most of us return home from work as the Sun is setting, and that's when energy demands spike to meet our needs for heating, cooking, entertaining, and lighting.

Unfortunately, we often turn to fossil fuels to make up the shortfall. For those living off the grid, it could require limiting options and going without a few luxuries.

Shanhui Fan understands the need for a night time renewable power source well. He's worked on a number of similar devices, including carbon nanotube generators that scavenge ambient energy, and a recent piece of technology that flipped photovoltaics on its head by squeezing electricity from the glow of heat radiating out of the planet's Sun-warmed surface.

While that clever item relied on the optical qualities of a warm object, this alternative device makes use of the good old thermoelectric effect, similar to thin-film waste-heat harvesting approaches now explored.

Using a material called a thermocouple, engineers can convert a change in temperature into a difference in voltage, effectively turning thermal energy into electricity with a measurable voltage. This demands something relatively toasty on one side and a place for that heat energy to escape to on the other.

The theory is the easy part – the real challenge is in arranging the right thermoelectric materials in such a way that they'll generate a voltage from our cooling surrounds that makes it worthwhile.

To keep costs down, the team used simple, off-the-shelf items that pretty much any of us could easily get our hands on.

They put together a cheap thermoelectric generator and linked it with a black aluminium disk to shed heat in the night air as it faced the sky. The generator was placed inside a polystyrene enclosure sealed with a window transparent to infrared light, and linked to a single tiny LED.

For six hours one evening, the box was left to cool on a roof-top in Stanford as the temperature fell just below freezing. As the heat flowed from the ground into the sky, the small generator produced just enough current to make the light flicker to life.

At its best, the device generated around 0.8 milliwatts of power, corresponding to 25 milliwatts of power per square metre.

That might just be enough to keep a hearing aid working. String several together and you might just be able to keep your cat amused with a simple laser pointer. So we're not talking massive amounts of power.

But as far as prototypes go, it's a fantastic starting point. The team suggests that with the right tweaks and the right conditions, 500 milliwatts per square metre isn't out of the question.

"Beyond lighting, we believe this could be a broadly enabling approach to power generation suitable for remote locations, and anywhere where power generation at night is needed," says Raman.

While we search for big, bright ideas to drive the revolution for renewables, it's important to make sure we don't let the smaller, simpler solutions like these slip away quietly into the night.

This research was published in Joule.

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U.S. Power Sector Outlook 2022 previews clean energy targets, grid reliability and resilience upgrades, transmission expansion, renewable integration, EV charging networks, and decarbonization policies shaping utilities, markets, and climate strategies amid extreme weather risks.

Key Points

An outlook on clean energy goals, grid resilience, transmission, and EV infrastructure shaping U.S. decarbonization.

✅ States set 100% clean power targets; equity plans deepen.

✅ Grid reforms, transmission builds, and RTO debates intensify.

✅ EV plants, batteries, and charging corridors accelerate.

As sweeping climate legislation stalled in Congress this year, states and utilities were busy aiming to reshape the future of electricity.

States expanded clean energy goals and developed blueprints on how to reach them. Electric vehicles got a boost from new battery charging and factory plans.

The U.S. power sector also is sorting through billions of dollars of damage that will be paid for by customers over time. States coped with everything from blackouts during a winter storm to heat waves, hurricanes, wildfires and tornadoes. The barrage has added urgency to a push for increased grid reliability and resilience, especially as the power generation mix evolves, EV grid challenges grow as electricity is used to power cars and the climate changes.

“The magnitude of our inability to serve with these sort of discontinuous jumps in heat or cold or threats like wildfires and flooding has made it really clear that we can’t take the grid for granted anymore — and that we need to do something,” said Alison Silverstein, a Texas-based energy consultant.

Many of the announcements in 2021 could see further developments next year as legislatures, utilities and regulators flesh out details on everything from renewable projects to ways to make the grid more resilient.

On the policy front, the patchwork of state renewable energy and carbon reduction goals stands out considering Congress’ failure so far to advance a key piece of President Biden’s agenda — the "Build Back Better Act," which proposed about $550 billion for climate action. Criticism from fellow Democrats has rained on Sen. Joe Manchin (D-W.Va.) since he announced his opposition this month to that legislation (E&E Daily, Dec. 21).

The Biden administration has taken some steps to advance its priorities as it looks to decarbonize the U.S. power sector by 2035. That includes promoting electric vehicles, which are part of a goal to make the United States have net-zero emissions economywide no later than 2050. The administration has called for a national network of 500,000 EV charging stations as the American EV boom raises power-supply questions, and mandated the government begin buying only EVs by 2035.

Still, the fate of federal legislation and spending is uncertain. States and utility plans are considered a critical factor in whether Biden’s targets come to fruition. Silverstein also stressed the importance of regional cooperation as policymakers examine the grid and challenges ahead.

“Our comfort as individuals and as households and as an economy depends on the grid staying up,” Silverstein said, “and that’s no longer a given.”

Here are three areas of the electricity sector that saw changes in 2021, and could see significant developments next year:

1. Clean energy
The list of states with new or revamped clean energy goals expanded again in 2021, with Oregon and Illinois joining the ranks requiring 100 percent zero-carbon electricity in 2040 and 2050, respectively.

Washington state passed a cap-and-trade bill. Massachusetts and Rhode Island adopted 2050 net-zero goals.

North Carolina adopted a law requiring a 70 percent cut in carbon emissions by 2030 from 2005 levels and establishing a midcentury net-zero goal.

Nebraska didn’t adopt a statewide policy, but its three public power districts voted separately to approve clean energy goals, actions that will collectively have the same effect. Even the governor of fossil-fuel-heavy North Dakota, during an oil conference speech, declared a goal of making the state carbon-neutral by the end of the decade.

These and other states join hundreds of local governments, big energy users and utilities, which were also busy establishing and reworking renewable energy and climate goals this year in response to public and investor pressure.

However, many of the details on how states will reach those targets are still to be determined, including factors such as how much natural gas will remain online and how many renewable projects will connect to the grid.

Decisions on clean energy that could be made in 2022 include a key one in Arizona, which has seen support rise and fall over the years for a proposal to lead to 100 percent clean power for regulated electric utilities. The Arizona Corporation Commission could discuss the matter in January, though final approval of the plan is not a sure thing. Eyes also are on California, where a much bigger grid for EVs will be needed, as it ponders a recent proposal on rooftop solar that has supporters of renewables worried about added costs that could hamper the industry.

In the wake of the major energy bill North Carolina passed in 2021, observers are waiting for Duke Energy Corp.’s filing of its carbon-reduction plan with state utility regulators. That plan will help determine the future electricity mix in the state.

Warren Leon, executive director of the Clean Energy States Alliance (CESA), said that without federal action, state goals are “going to be more difficult to achieve.”

State and federal policies are complementary, not substitutes, he said. And Washington can provide a tailwind and help states achieve their goals more quickly and easily.

“Progress is going to be most rapid if both the states and the federal government are moving in the same direction, but either of them operating independently of the others can still make a difference,” he said.

While emissions reductions and renewable energy goals were centerpieces of the state energy and climate policies adopted this year, there were some other common threads that could continue in 2022.

One that’s gone largely unnoticed is that an increasing number of states went beyond just setting targets for clean energy and have developed plans, or road maps, for how to meet their goals, Leon said.

Like the New Year resolutions that millions of Americans are planning — pledges to eat healthier or exercise more — it’s far easier to set ambitious goals than to achieve them.

According to CESA, California, Colorado, Nevada, Maine, Rhode Island, Massachusetts and Washington state all established plans for how to achieve their clean energy goals. Prior to late 2020, only two states — New York and New Jersey — had done so.

Another trend in state energy and climate policies: Equity and energy justice provisions factored heavily in new laws in places such as Maine, Illinois and Oregon.

Equity isn’t a new concern for states, Leon said. But state plans have become more detailed in terms of their response to ways the energy transition may affect vulnerable populations.

“They’re putting much more concrete actions in place,” he said. “And they are really figuring out how they go about electricity system planning to make sure there are new voices at the table, that the processes are different, and there are things that are going to be measured to determine whether they’re actually making progress toward equity.”

2. Grid
Climate change and natural disasters have been a growing worry for grid planners, and 2021 was a year the issue affected many Americans directly.

Texas’ main power grid suffered massive outages during a deadly February winter storm, and it wasn’t far from an uncontrolled blackout that could have required weeks or months of recovery.

Consumers elsewhere in the country watched as millions of Texans lost grid power and heat amid a bitter cold snap. Other parts of the central United States saw more limited power outages in February.

“I think people care about the grid a lot more this year than they did last year,” Silverstein said, adding, “All of a sudden people are realizing that electricity’s not as easy as they’ve assumed it was and … that we need to invest more.”

Many of the challenges are not specific to one state, she added.

“It seems to me that the state regulators need to put a lot — and utilities need to put a lot — more commitment into working together to solve broad regional problems in cooperative regional ways,” Silverstein said.

In 2022, multiple decisions could affect the grid, including state oversight of spending on upgrades and market proposals that could sway the amount of clean energy brought online.

A focal point will be Texas, where state regulators are examining further changes to the Electric Reliability Council of Texas’ market design. That could have major implications for how renewables develop in the state. Leaders in other parts of the country will likely keep tabs on adjustments in Texas as they ponder their own changes.

Texas has already embarked on reforms to help improve the power sector and its coordination with the natural gas system, which is critical to keeping plants running. But its primary power grid, operated by ERCOT, remains largely isolated and hasn’t been able to rule out power shortages this winter if there are extreme conditions (Energywire, Nov. 22).

Transmission also remains a key issue outside of the Lone Star State, both for resilience and to connect new wind and solar farms. In many areas of the country, the job of planning these new regional lines and figuring out how to allocate billions of dollars in costs falls to regional grid operators (Energywire, Dec. 13).

In the central U.S., the issue led to tension between states in the Midwest and the Gulf South (Energywire, Oct. 15).

In the Northeast, a Maine environmental commissioner last month suspended a permit for a major transmission project that could send hydropower to the region from Canada (Greenwire, Nov. 24). The project’s developers are now battling the state in court to force construction of the line — a process that could be resolved in 2022 — after Mainers signaled opposition in a November vote.

Advocates of a regional transmission organization for Western states, meanwhile, hope to keep building momentum even as critics question the cost savings promoted by supporters of organized markets. Among those in existing markets, states such as Louisiana are expected to monitor the costs and benefits of being associated with the Midcontinent Independent System Operator.

In other states, more details are expected to emerge in 2022 about plans announced this year.

In California, where policymakers are also exploring EVs for grid stability alongside wildfire prevention, Pacific Gas & Electric Co. announced a plan over the summer to spend billions of dollars to underground some 10,000 miles of power lines to help prevent wildfires, for example (Greenwire, July 22).

Several Southeastern utilities, including Dominion Energy Inc., Duke Energy, Southern Co. and the Tennessee Valley Authority, won FERC approval to create a new grid plan — the Southeast Energy Exchange Market, or SEEM — that they say will boost renewable energy.

SEEM is an electricity trading platform that will facilitate trading close to the times when the power is used. The new market is slated to include two time zones, which would allow excess renewables such as solar and wind to be funneled to other parts of the country to be used during peak demand times.

SEEM is significant because the Southeast does not have an organized market structure like other parts of the country, although some utilities such as Dominion and Duke do have some operations in the region managed by PJM Interconnection LLC, the largest U.S. regional grid operator.

SEEM is not a regional transmission organization (RTO) or energy imbalance market. Critics argue that because it doesn’t include a traditional independent monitor, SEEM lacks safeguards against actions that could manipulate energy prices.

Others have said the electric companies that formed SEEM did so to stave off pressure to develop an RTO. Some of the regulated electric companies involved in the new market have denied that claim.

3. Electric vehicles
With electric vehicles, the Midwest and Southeast gained momentum in 2021 as hubs for electrifying the transportation sector, as EVs hit an inflection point in mainstream adoption, and the Biden administration simultaneously worked to boost infrastructure to help get more EVs on the road.

From battery makers to EV startups to major auto manufacturers, companies along the entire EV supply chain spectrum moved to or expanded in those two regions, solidifying their footprint in the fast-growing sector.

A wave of industry announcements capped off in December with California-based Rivian Automotive Inc. declaring it would build a $5 billion electric truck, SUV and van factory in Georgia. Toyota Motor Corp. picked North Carolina for its first U.S.-based battery plant. General Motors Co. and a partner plan to build a $2.5 billion battery plant in GM’s home state of Michigan. And Proterra Inc. has unveiled plans to build a new battery factory in South Carolina.

Advocates hope the EV shift by automakers in the Midwest and Southeast will widen the options for customers. Automakers and startups also have been targeting states with zero-emission vehicle targets to launch new and more models because there’s an inherent demand for them.

“The states that have adopted those standards are getting more vehicles,” said Anne Blair, senior EV policy manager for the Electrification Coalition.

EV advocates say they hope those policies could help bring products like Ford’s electrified signature truck line on the road and into rural areas. Ford also is partnering with Korean partner SK Innovation Co. Ltd. to build two massive battery plants in Kentucky.

Regardless of the fanfare about new vehicles, more jobs and must-needed economic growth, barriers to EV adoption remain. Many states have tacked on annual fees, which some elected officials argue are needed to replace revenues secured from a gasoline tax.

Other states do not allow automakers to sell directly to consumers, preventing companies like Lordstown Motors Corp. and Rivian to effectively do business there.

“It’s about consumer choice and consumers having the capacity to buy the vehicles that they want and that are coming out, in new and innovative ways,” Blair told E&E News. Blair said direct sales also will help boost EV sales at traditional dealerships.

In 2022, advocates will be closely watching progress with the National Electric Highway Coalition, amid tensions over charging control among utilities and networks, which was formed by more than 50 U.S. power companies to build a coast-to-coast fast-charging network for EVs along major U.S. travel corridors by the end of 2023 (Energywire, Dec. 7).

A number of states also will be holding legislative sessions, and they could include new efforts to promote EVs — or change benefits that currently go to owners of alternative vehicles.

EV advocates will be pushing for lawmakers to remove barriers that they argue are preventing customers from buying alternative vehicles.

Conversations already have begun in Georgia to let startup EV makers sell their cars and trucks directly to consumers. In Florida, lawmakers will try again to start a framework that will create a network of charging stations as charging networks jostle for position under federal electrification efforts, as well as add annual fees to alternative vehicles to ease concerns over lost gasoline tax revenue.

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Ottawa Electricity Consumption Drop reflects COVID-19 impacts, with Hydro Ottawa and IESO reporting 10-12% lower demand, delayed morning peaks, and shifted weekend peak to 4 p.m., alongside provincial time-of-use rate relief.

Key Points

A 10-12% decline in Ottawa's electricity demand during COVID-19, with later morning peaks and weekend peak at 4 p.m.

✅ Weekday demand down 11%; weekends down 10% vs April 2019.

✅ Morning peak delayed about 4 hours; 6 a.m. usage down 17%.

✅ Weekend peak moved from 7 p.m. to 4 p.m.; rate relief ongoing.

Ottawa residents may be spending more time at home, with residential electricity use up even as the city’s overall energy use has dropped during the COVID-19 pandemic.

Hydro Ottawa says there was a 10-to-11 per cent drop in electricity consumption in April, with the biggest decline in electricity usage happening early in the morning, a pattern echoed by BC Hydro findings in its province.

Statistics provided to CTV News Ottawa show average hourly energy consumption in the City of Ottawa dropped 11 per cent during weekdays, mirroring Manitoba Hydro trends reported during the pandemic, and a 10 per cent decline in electricity consumption on weekends.

The drop in energy consumption came as many businesses in Ottawa closed their doors due to the COVID-19 measures and physical distancing guidelines.

“Based on our internal analysis, when comparing April 2020 to April 2019, Hydro Ottawa observed a lower, flatter rise in energy use in the morning, with peak demand delayed by approximately four hours.” Hydro Ottawa said in a statement to CTV News Ottawa.

“Morning routines appear to have the largest difference in energy consumption, most likely as a result of a collective slower pace to start the day as people are staying home.”

Hydro Ottawa says overall, there was an 11 per cent average hourly reduction in energy use on weekdays in April 2020, compared to April 2019. The biggest difference was the 6 a.m. hour, with a 17 per cent decrease.

On weekends, the average electricity usage dropped 10 per cent in April, compared to April 2019. The biggest difference was between 7 a.m. and 8 a.m., with a 13 per cent drop in hydro usage.

Hydro Ottawa says weekday peak continues to be at 4 p.m., while on weekends the peak has shifted from 7 p.m. before the pandemic to 4 p.m. now, though Hydro One has not cut peak rates for self-isolating customers.

The Independent Electricity System Operator says across Ontario, there has been a 10 to 12 per cent drop in energy consumption during the pandemic, a trend reflected in province-wide demand data that is the equivalent to half the demand of Toronto.

The Ontario Government has provided emergency electricity rate relief during the COVID-19 pandemic. Residential and small business consumers on time-of-use pricing, and later ultra-low overnight options, will continue to pay one price no matter what time of day the electricity is consumed until the end of May.

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PLREDA 2019 advances solar, wind, and geothermal on public lands, guiding DOI siting, improving transmission access, streamlining permitting, sharing revenues, and funding conservation to meet climate goals while protecting wildlife and recreation.

Key Points

A bipartisan bill to expand renewables on public lands fund conservation, speed permitting and advance U.S. climate aims.

✅ Targets 25 GW of public-land renewables by 2025

✅ Establishes wildlife conservation and recreation access funds

✅ Streamlines siting, transmission, and equitable revenue sharing

The Senate unveiled its version of a bill the House introduced in July to help the U.S. realize the extraordinary renewable energy potential of our shared public lands.

Senator Martha McSally (R-AZ) and a bipartisan coalition of western Senators introduced a Senate version of draft legislation that will help the Department of the Interior tap the renewable energy potential of our shared public lands. The western Senators represent Arizona, New Mexico, Colorado, Montana, and Idaho.

Elsewhere in the West, lawmakers have moved to modernize Oregon hydropower to streamline licensing, signaling broad regional momentum.

The Public Land Renewable Energy Development Act of 2019 (PLREDA) facilitates siting of solar, wind, and geothermal energy projects on public lands, boosts funding for conservation, and promotes ambitious renewable energy targets that will help the U.S. take action on the climate crisis.

Like the House version, the Senate bill enjoys strong bi-partisan support and industry endorsement. The Senate version makes few notable changes to the bill introduced in July by Representatives Mike Levin (D-CA) and Paul Gosar (R-AZ). It includes:

• A commitment to enhance natural resource conservation and stewardship via the establishment of a fish and wildlife conservation fund that would support conservation and restoration work and other important stewardship activities.
• An ambitious renewable energy production goal for the Department of the Interior to permit a total of 25 gigawatts of renewable energy on public lands by 2025—nearly double the current generating capacity of projects currently on our public lands.
• Establishment of criteria for identifying appropriate areas for renewable energy development using the 2012 Western Solar Plan as a model. Key criteria to be considered include access to transmission lines and likelihood of avoiding or minimizing conflict with wildlife habitat, cultural resources, and other resources and values.
• Improved public access to Federal lands for recreational uses via funds made available for preserving and improving access, including enhancing public access to places that are currently inaccessible or restricted.
• Sharing of revenues raised from renewable energy development on public lands in an equitable manner that benefits local communities near new renewable energy projects and supports the efficient administration of permitting requirements.
• Creating incentives for renewable energy development by giving Interior the authority to reduce rental rates and capacity fees to ensure new renewable energy development remains competitive in the marketplace.

NRDC strongly supports this legislation, and we will do our utmost to facilitate its passage into law. There is no question that in our era of runaway climate change, legislation that balances energy production with environmental conservation and stewardship of our public lands is critical.

PLREDA takes a balanced approach to using our public lands to help lead the U.S. toward a low-carbon future, as states pursue 100% renewable electricity goals nationwide. The bill outlines a commonsense approach for federal agencies to play a meaningful role in combatting climate change.

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Hydro One Avista takeover rejection signals Washington regulators blocking a utility acquisition over governance risk, EPS dilution, and balance sheet impact, as investors applaud share price gains and a potential US$103M break fee.

Key Points

A regulator-led block of Hydro One's Avista bid, citing EPS dilution, balance sheet risk, and governance concerns.

✅ Washington denies approval; Idaho, Oregon decisions pending.

✅ EPS dilution avoided; balance sheet strength preserved.

✅ Shares rise 5.7%; US$103M break fee if deal collapses.

Opposition politicians may not like it but investors are applauding the rejection of Hydro One Ltd.'s $6.7-billion Avista takeover of U.S.-based utility Avista Corp.

Shares in the power company controlled by the Ontario government, which has also proposed a bill redesign to simplify statements, closed at $21.53, up $1.16 or 5.7 per cent, on the Toronto Stock Exchange on Thursday.

On Wednesday, Washington State regulators said they would not allow Ontario's largest utility to buy Avista over concerns about political risk that the provincial government, which owns 47 per cent of Hydro One's shares, might meddle in Avista's operations.

Financial analysts had predicted investors would welcome the news because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet.

"The Washington regulator's denial of Avista is a positive development for the shares, in our opinion," said analyst Ben Pham of BMO Capital Markets in a report on Wednesday.

"While this may sound odd, we note that the Avista deal is expected to be EPS dilutive and result in a weaker balance sheet for (Hydro One). Not acquiring Avista and refocusing its attention on its core Ontario franchise ... along with related interprovincial arrangements such as the Ontario-Quebec electricity deal under discussion would likely be viewed positively if the deal ultimately breaks."

Decisions are yet to come from Idaho and Oregon state regulators, but Washington was probably the most important as the state contains customers making up about 60 per cent of Avista's rate base, Pham said.

He pointed out that a US$103-million break fee is to be paid to Avista if the deal collapses due to a failure to obtain regulatory approval.

CIBC analyst Robert Catellier raised his 12-month Hydro One target price by 25 cents and said many shareholders will feel "relieved" that the deal had failed.

He warned that the company's earnings power could deteriorate as the province seeks to reduce power bills by 12 per cent, despite an Ontario-Quebec hydro deal that may not lower costs.

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East-West Transmission Project Ontario connects Thunder Bay to Wawa, facing OEB bidding, Hydro One vs NextBridge, First Nations consultation, environmental assessment, Pukaskwa National Park route, and reliability needs for Northwestern Ontario industry and communities.

Key Points

A 450 km Thunder Bay-Wawa power line proposal facing OEB bidding, Hydro One competition, and First Nations consultation.

✅ Competing bids: Hydro One vs NextBridge under OEB rules

✅ First Nations cite duty to consult and environmental review gaps

✅ Route debate: Pukaskwa Park vs bypass; jobs and reliability at stake

Leaders of six First Nations are urging the Ontario government to "clean up" the bureaucratic process that determines who will build an "urgently needed" high-capacity power transmission line to service northern Ontario.

The proposed 450 kilometre East-West Transmission Project is set to stretch from Thunder Bay to Wawa, providing much-needed electricity to northern Ontario. NextBridge Infrastructure, in partnership with Bamkushwada Limited Partnership (BLP) — an entity the First Nations created in order to become co-owners and active participants in the economic development of the line — have been the main proponents of the project since 2012 and were awarded the right to construct.

In 2018, Hydro One appealed to the previous Liberal government with a proposal to build the transmission line with lower maintenance costs. On Dec. 20, the Ontario Energy Board (OEB) issued a decision that said it will issue the contract to construct the project to the company with the lowest bid, even as a Manitoba Hydro line delay followed a board recommendation in a comparable case.

The transmission regime in Ontario allows competing bids at the beginning of a project to designate a transmitter, and then again at the end of the project to award leave to construct.

As a result, the Hydro One was permitted to submit a competing bid, five years after it was first proposed. The chiefs of the six First Nations say that will delay the project by two years, impede their land and violate their rights. The former Liberal government under which the project was initiated "left the door open" for competition to enter this late in the construction, according to the community leaders.

"The former government created this mess and Hydro One has taken advantage of this loophole," Fort William First Nation Chief Peter Collins said in a Queen's Park news conference on Thursday. "Hydro One is an interloper coming in at the last minute, trying taking over the project and all the hard work that has been done, without doing the work it needs to do."

Mess will explode, says chief

According to Collins, the Ontario Energy Board is likely to choose Hydro One's late submission in February, "causing this mess to explode." The electricity and distribution utility has not completed any of the legal requirements demanded by a project of this magnitude, Collins said, including extensive consultations with First Nations, such as oral traditional evidence hearings that inform regulators, and thorough environment assessments. He speculated that by ignoring these two things, even though in B.C. Ottawa did not oppose a Site C work halt pending a treaty rights challenge, Hydro One's bid will be the lowest cost.

"Hydro One's interference is a big problem," said Collins. He was flanked by the leaders of the Pic Mobert First Nation, Opwaaganasiniing (also known as the Red Rock Indian Band), Michipicoten, Biigtigong Nishnaabeg — or Pic River First Nation — and Pays Plat First Nation.

Collins also highlighted that Hydro One's proposed route for the transmission line will go through Pukaskwa National Park on which there are Aboriginal title claims, and noted that an opponent of the Site C dam has been sharing concerns with northerners, underscoring the need for meaningful engagement. NextBridge's proposal, Collins said, will go around the park.

If Hydro One is awarded the construction project, at risk, too, are as many as 1,000 job opportunities in northern Ontario (including the Ring of Fire) that are expected from NextBridge's proposal, as well as the "many millions" in contracting opportunities for the communities, Collins said.

"That companies such as Hydro One can do this and dissolve all that has been developed by NextBridge and our [partnership] and all the opportunities we have created will signal to ... everyone in Ontario that Ontario's not open for business, at least fair business," Collins said.

Ontario Energy Minister 'disappointed' by OEB's decision

In an email statement to National Observer, Energy Minister Greg Rickford's press secretary said the government acknowledged the concerns of the First Nations leaders, and is "disappointed that the OEB continues to stall on this important project."

"The East-West Tie project is a priority for Ontario because it is needed to provide a reliable and adequate supply of electricity to northwestern Ontario to support economic growth," she wrote.

In October, Rickford wrote to the OEB outlining his expectation that a prompt decision would be made through an efficient and fair process.

Despite the minister’s request, the OEB delayed a decision on this project in December — as in B.C., a utilities watchdog has pressed for answers on Site C dam stability — pushing the service date back to at least 2021. In 2017, NextBridge said that, pending OEB approval, it would start construction in 2018, with completion scheduled for 2020.

Without the transmission line, the community faces a higher likelihood of power outages and less reliable electricity overall.

"Our government takes the duty to consult seriously and it is committed to ensuring that all Indigenous communities are properly consulted and kept informed regardless of the result of the OEB process," Rickford's office's statement said.

In a letter sent to Premier Doug Ford, Rickford and to Environment Minister Rod Phillips, all members of the Bamkushwada Limited Partnership said they will be compelled to appeal the OEB's decision if the right to construct is given to Hydro One.

The entire situation, they wrote in their letter, is "an undeniable mess" that requires government intervention.

"If the Ontario government can correct this looming outcome, it is incumbent on the Ontario government to do so," they wrote, urging the government to "take all legal means to prevent the OEB from rendering an unconstitutional and unjust decision."

"Our First Nations and the north have waited five long years for this transmission project," Collins said. "Enough is enough."

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