Chesapeake Energy CEO forced to sell company stock

By Associated Press


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Aubrey K. McClendon, the billionaire chief executive of Chesapeake Energy Corp., has sold "substantially all" of his stock in the company over the past three days in order to meet margin loan calls, the company said.

Chesapeake Energy did not disclose the size of the stock sale, pending the filing of documents with the Securities and Exchange Commission, but media reports have placed the number of shares at more than 33 million, making him the Oklahoma City-based company's third largest shareholder.

"I am very disappointed to have been required to sell substantially all of my shares of Chesapeake," McClendon said in a news release. "These involuntary and unexpected sales were precipitated by the extraordinary circumstances of the worldwide financial crisis."

"I have been the company's largest individual shareholder for the past three years and frequently purchased additional shares of stock on margin as an expression of my complete confidence in the value of the company's strategy and assets."

Last month, Forbes showed McClendon at No. 134 on its list of the nation's 400 richest people, with a net worth of $3 billion, an increase from $2.1 billion the previous year.

A margin loan is a loan made by a brokerage house to a client that allows the customer to buy stocks on credit using securities. When a stock dips below a certain point, brokers who lent investors money through margin agreements demand that the investors sell part of the stock or pony up cash to cover losses.

McClendon said he looked forward to rebuilding his ownership position in the company. He and Tom Ward co-founded Chesapeake Energy, the county's largest producer of natural gas, in 1989.

Both men are members of an ownership group that recently purchased the NBA's Seattle SuperSonics and the Seattle Storm of the WNBA for $350 million. A group of Seattle businesswomen purchased the Storm from the group, but the Sonics franchise was moved to Oklahoma earlier this year after much legal wrangling and the team was named Oklahoma City Thunder.

Dan Mahoney, a spokesman for Thunder chairman Clay Bennett, said Bennett would have no comment on McClendon's continued involvement in the ownership group.

Chesapeake's stock closed October 10 on the New York Stock Exchange at its lowest price of the year, $16.52, down $1.19, and well off the $74 top of its 52-week range. The price of natural gas also has plunged, due in part to mild autumn weather and abundant supplies heading into the winter heating season. Last month Chesapeake announced it was scaling back its drilling capital expenditures budget through 2010 in response to falling natural gas prices.

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Summerland solar power project will provide electricity

Summerland Solar+Storage Project brings renewable energy to a municipal utility with photovoltaic panels and battery storage, generating 1,200 megawatts from 3,200 panels on Cartwright Mountain to boost grid resilience and local clean power.

 

Key Points

A municipal solar PV and battery system enabling Summerland Power to self-generate electricity on Cartwright Mountain.

✅ 3,200 panels, 20-year batteries, 35-year panel lifespan

✅ Estimated $7M cost, $6M in grants, utility reserve funding

✅ Site near grid lines; 2-year timeline with 18-month lead

 

A proposed solar energy project, to be constructed on municipally-owned property on Cartwright Mountain, will allow Summerland Power to produce some of its own electricity, similar to how Summerside's wind power supplies a large share locally.

On Monday evening, municipal staff described the Solar+Storage project, aligning with insights from renewable power developers that combining resources yields better projects.

The project will include around 3,200 solar panels and storage batteries, giving Summerland Power the ability to generate 1,200 megawatts of electrical power.

This is the amount of energy used by 100 homes over the course of a year.

The solar panels have an estimated life expectancy of 35 years, while the batteries have a life expectancy of 20 years.

“It’s a really big step for a small utility like ours,” said Tami Rothery, sustainability/alternative energy coordinator for Summerland. “We’re looking forward to moving towards a bright, sunny energy future.”

She said the price of solar panels has been dropping, with lower-cost solar contracts reported in Alberta, and the quality and efficiency of the panels has increased in recent years.

The total cost of the project is around $7 million, with $6 million to come from grant funding and the remainder to come from the municipality’s electrical utility reserve fund, while policy changes such as Nova Scotia's solar charge delay illustrate evolving market conditions.

The site, a former public works yard and storage area, was selected from 108 parcels of land considered by the municipality.

She said the site, vacant since the 1970s, is close to main electrical lines and will not be highly visible once the panels are in place, much like unobtrusive rooftop solar arrays in urban settings.

Access to the site is restricted, resulting in natural security to the solar installation.

Jeremy Storvold, general manager of Summerland’s electrical utility, said the site is 2.5 kilometres from the Prairie Valley electrical substation and close to the existing public works yard.

However, some in the audience on Monday questioned the location of the proposed solar installation, suggesting the site would be better suited for affordable housing in the community.

The timeline for the project calls for roughly two years before the work will be completed, since there is an 18-month lead time in order to receive good quality solar panels, reflecting the surge in Alberta's solar growth that is straining supply chains.

 

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Ontario Drops Starlink Deal, Eyes Energy Independence

Ontario Starlink Contract Cancellation underscores rising tariffs, trade tensions, and retaliation, as SpaceX's Elon Musk loses a rural broadband deal; Ontario pivots to procurement bans, energy resilience, and nuclear power to boost grid independence.

 

Key Points

Ontario ended a C$100M Starlink deal over U.S. tariffs, prompting a shift to rural broadband alternatives.

✅ Triggered by U.S. tariffs; Ontario adopts retaliatory procurement bans.

✅ Ends plan to connect 15,000 rural homes and businesses with broadband.

✅ Signals push for energy resilience, nuclear power, and grid independence.

 

In a decisive move, Ontario Premier Doug Ford announced the cancellation of a C$100 million contract with Elon Musk's Starlink, a subsidiary of SpaceX, in direct response to U.S. President Donald Trump's imposition of tariffs on Canadian imports. This action underscores the escalating trade tensions between Canada and the United States, a theme highlighted during Ford's Washington meeting on energy tariffs earlier this month, and highlights Ontario's efforts to safeguard its economic interests.

The now-terminated agreement, established in November, aimed to provide high-speed internet access to 15,000 homes and businesses in Ontario's remote areas. Premier Ford's decision to "rip up" the contract signifies a broader strategy to distance the province from U.S.-based companies amid the current trade dispute. He emphasized, "Ontario won't do business with people hell-bent on destroying our economy."

This move is part of a series of retaliatory measures by Canadian provinces, including Ford's threat to cut electricity exports to the U.S., following President Trump's announcement of a 25% tariff on nearly all Canadian imports, excluding oil, which faces a 10% surcharge. These tariffs, set to take effect imminently, have prompted concerns about potential economic downturns in Canada. In response, Prime Minister Justin Trudeau declared that Canada would impose 25% tariffs on C$155 billion worth of U.S. goods, aiming to exert pressure on the U.S. administration to reconsider its stance.

Premier Ford's actions reflect a broader sentiment of economic nationalism, as he also announced a ban on American companies from provincial contracts until the U.S. tariffs are lifted. He highlighted that Ontario's government and its agencies allocate $30 billion annually on procurement, and reiterated his earlier vow to fire the Hydro One CEO and board as part of broader reforms aimed at efficiency.

The cancellation of the Starlink contract raises concerns about the future of internet connectivity in Ontario's rural regions. The original deal with Starlink was seen as a significant step toward bridging the digital divide, offering high-speed internet to underserved communities. With the contract's termination, the province faces the challenge of identifying alternative solutions to fulfill this critical need.

Beyond the immediate implications of the Starlink contract cancellation, Ontario is confronting broader challenges in ensuring the resilience and independence of its energy infrastructure. The province's reliance on external entities for critical services, such as internet connectivity and energy, has come under scrutiny, as Canada's electricity exports are at risk amid ongoing trade tensions and policy uncertainty.

Premier Ford has expressed a commitment to expanding Ontario's capacity to generate nuclear power as a means to bolster energy self-sufficiency. While this strategy aims to reduce dependence on external energy sources, it presents its own set of challenges that critics argue require cleaning up Ontario's hydro mess before new commitments proceed. Developing nuclear infrastructure requires substantial investment, rigorous safety protocols, and long-term planning. Moreover, the integration of nuclear power into the province's energy mix necessitates careful consideration of environmental impacts and public acceptance.

The concept of "Trump-proofing" Ontario's electricity grid involves creating a robust and self-reliant energy system capable of withstanding external political and economic pressures. Achieving this goal entails diversifying energy sources, including building on Ontario's electricity deal with Quebec to strengthen interties, investing in renewable energy technologies, and enhancing grid infrastructure to ensure stability and resilience.

However, the path to energy independence is fraught with complexities. Balancing the immediate need for reliable energy with long-term sustainability goals requires nuanced policy decisions, including Ontario's Supreme Court challenge to the global adjustment fee and related regulatory reviews to clarify cost impacts. Additionally, fostering collaboration between government entities, private sector stakeholders, and the public is essential to navigate the multifaceted challenges associated with overhauling the province's energy framework.

Ontario's recent actions, including the cancellation of the Starlink contract, underscore the province's proactive stance in safeguarding its economic and infrastructural interests amid evolving geopolitical dynamics. While such measures reflect a commitment to self-reliance, they also highlight the intricate challenges inherent in reducing dependence on external entities. As Ontario charts its course toward a more autonomous future, strategic planning, investment in sustainable technologies, and collaborative policymaking will be pivotal in achieving long-term resilience and prosperity.

 

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New Mexico Could Reap $30 Billion Driving on Electricity

New Mexico EV Benefits highlight cheaper fuel, lower maintenance, cleaner air, and smarter charging, cutting utility bills, reducing NOx and carbon emissions, and leveraging incentives and renewable energy to accelerate EV adoption statewide.

 

Key Points

New Mexico EV Benefits are the cost, grid, and emissions gains from EV adoption and optimized off-peak charging.

✅ Electricity near $1.11 per gallon equivalent cuts fueling costs

✅ Fewer moving parts mean less maintenance and lifecycle costs

✅ Off-peak charging reduces utility bills and grid emissions

 

What would happen if New Mexicans ditched gasoline and started to drive on cleaner, cheaper electricity? A new report from MJ Bradley & Associates, commissioned by NRDC and Southwest Energy Efficiency Project, answers that question, demonstrating that New Mexico could realize $30 billion in avoided expenditures on gasoline and maintenance, reduced utility bills, and environmental benefits by 2050. The state is currently considering legislation to jump-start that transition by providing consumers incentives to support electric vehicle (EV) purchases and the installation of charging stations, drawing on examples like Nevada's clean-vehicle push to accelerate deployment, a policy that would require a few million dollars in lost tax revenue. The report shows an investment of this kind could yield tens of billions of dollars in net benefits.


$20 Billion in Driver Savings

EVs save families money because driving on electricity in New Mexico is the cost-equivalent of driving on $1.11 per gallon gasoline. Furthermore, EVs have fewer moving parts and less required maintenance—no oil changes, no transmissions, no mufflers, no timing belts, etc. That means that tackling the nation’s largest source of carbon pollution, transportation, could save New Mexicans over $20 billion by 2050 because EVs are cheaper to charge and maintain than gas powered cars, and an EV boom benefits all customers through lower rates.

Those are savings New Mexico can bank on because the price of electricity is significantly cheaper than the price of gasoline and also inherently more stable. Electricity is made from a diverse supply of domestic and increasingly clean resources, and 2021 electricity lessons continue to inform grid planning today. Unlike the volatile world oil market, New Mexico’s electric sector is regulated by the state’s utility commission. Adjusted for inflation, the price of electricity has been steady around the dollar-a-gallon equivalent mark in New Mexico for the last 20 years, while gas prices jump up or down radically and unpredictably.

$4.8 Billion in Reduced Electric Bills

While some warn that electric cars will challenge state power grids, New Mexico can charge millions of EVs without the need to make significant investments in the electric grid. This is because EVs can be charged when the grid is underutilized and renewable energy is abundant, like when people are sleeping overnight when wind energy generation often peaks. And the billions of dollars in new utility revenue from EV charging in excess of associated costs will be automatically returned to utility customers per an accounting mechanism that is already in state law that requires downward adjustment of rates when sales increase. Accordingly, widespread EV adoption could reduce every utility customer’s electric bill.

Thankfully, New Mexico’s electric industry is already acting to ensure utility customers in the state realize those benefits sooner rather than later. The state’s rural electric cooperatives have proposed an ambitious plan to leverage funds available as a result of the Volkswagen diesel scandal to build a state-wide public fast charging network that mirrors progress as Arizona goes EV across the Southwest. Additionally, New Mexico’s investor-owned utilities will soon propose transportation electrification investments as required by legislation NRDC supported last year that Governor Lujan Grisham signed into law.

$4.8 Billion in Societal Benefits from Reduced Pollution

The report estimates that widespread EV adoption would dramatically reduce emissions of greenhouse gases from passenger vehicles in New Mexico, and also cut emissions of NOx, a local pollutant that threatens the health off all New Mexicans, especially children and people with respiratory conditions. The report finds growing the state’s EV market to meet New Mexico’s long-term environmental goals would yield $4.8 billion in societal benefits.

The Bottom Line: New Mexico Should Act Now to Accelerate its EV Market

Adding it all up, that’s more than $30 billion in potential benefits to New Mexico by 2050. Here’s the catch: as of June 2019, there were only 2,500 EVs registered in New Mexico, which means the state needs to accelerate the EV market, as the American EV boom ramps up nationally, to capture those billions of dollars in potential benefits. Thankfully, with second generation, longer range, affordable EVs now available, the market is well positioned to expand rapidly as the state moves to adopt Clean Car Standards that will ensure EVs are available for purchase in the state.

Getting it right

New Mexico has enormous amounts to gain from a small investment in incentives that support EV adoption now. For that investment to pay off, it needs to send a clear and unambiguous signal. Unfortunately, the same legislation that would establish tax credits to increase consumer access to electric vehicles in New Mexico was recently amended so it would not be helpful for 80 percent of consumers who lease, instead of buying EVs. And it would penalize EV drivers at the same time—with a $100 annual increase in registration fees, even as Texas adds a $200 EV fee under a similar rationale, to make up for lost gas tax revenue. That’s significantly more than what drivers of new gasoline vehicles pay annually in gas taxes in the state. Consumer Reports recently analyzed the growing trend to unfairly penalize electric cars via disproportionately high registration fees. In doing so, it estimated that the “maximum justifiable fee” to replace gas tax revenue in New Mexico would be $53. Anything higher will only slow or stop benefits New Mexico can attain from moving to cleaner cars.

To be clear, everyone should pay their fair share to maintain the transportation system, but EVs are not the problem when it comes to lost gas tax revenue. We need a comprehensive solution that addresses the real sources of transportation revenue loss while not undermining efforts to reduce dependence on gasoline. Thankfully, that can be done. For more, see A Simple Way to Fix the Gas Tax Forever.

 

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27 giant parts from China to be transported to wind farm in Saskatchewan

Port of Vancouver Wind Turbine Blades arrive from China for a Saskatchewan wind farm, showcasing record oversized cargo logistics, tandem crane handling, renewable energy capacity, and North America's longest blades from Goldwind.

 

Key Points

Record-length blades for a Canadian wind farm, boosting renewable energy and requiring heavy-lift logistics at the port.

✅ 27 blades unloaded via tandem cranes with cage supports

✅ 50 turbines headed to Assiniboia over 21 weeks

✅ Largest 250 ft blades to arrive; reduced CO2 vs coal

 

A set of 220-foot-long wind turbine blades arrived at the Port of Vancouver from China over the weekend as part a shipment bound for a wind farm in Canada, alongside BC generating stations coming online in the region.

They’re the largest blades ever handled by the port, and this summer, even larger blades will arrive as companies expand production such as GE’s blade factory in France to meet demand — the largest North America has ever seen.

Alex Strogen described the scene as crews used two tandem cranes to unload 27 giant white blades from the MV Star Kilimanjaro, which picked up the wind turbine assemblies in China. They were manufactured by Goldwind Co.

“When you see these things come off and put onto these trailers, it’s exceptional in the sheer length of them,” Strogen said. “It looks as long as an airplane.”

In fact, each blade is about as long as the wingspan of a Boeing 747.

Groups of longshoremen attached the cranes to each blade and hoisted it into the air and onto a waiting truck. Metal cage-like devices on both ends kept the blades from touching the ground. Once loaded onto the trucks, the blades and shaft parts head to a terminal to be unloaded by another group of workers.

Another fleet of trucks will drive the wind turbines, towers and blades to Assiniboia, Saskatchewan, Canada, over the course of 21 weeks. Potentia Renewables of Toronto is erecting the turbines on 34,000 acres of leased agriculture land, amid wind farm expansion in PEI elsewhere in the country, according to a news release from the Port of Vancouver.

Potentia’s project, called the Golden South Wind Project, will generate approximately 900,000 megawatt-hours of electricity. It also has greatly reduced CO2 emissions compared with a coal-fired plant, and complements tidal power in Nova Scotia in Canada’s clean energy mix, according to the news release.

The project is expected to be operating in 2021, similar to major UK offshore wind additions coming online.

The Port of Vancouver will receive 50 full turbines of two models for the project, as Manitoba invests in new turbines across Canada. In August, the larger of the models, with blades measuring 250 feet, will arrive. They’ll be the longest blades ever imported into any port in North America.

“It’s an exciting year for the port,” said Ryan Hart, chief external affairs officer.

The Port of Vancouver is following all the recommended safety precautions during the COVID-19 pandemic, including social distancing and face masks, Strogen said, with support from initiatives like Bruce Power’s PPE donation across Canada.
As for crews onboard the ships, the U.S. Coast Guard is the agency in charge, and it is monitoring the last port-of-call for all vessels seeking to enter the Columbia River, Hart wrote in an email.

Vessel masters on each ship are responsible for monitoring the health of the crew and are required to report sick or ill crew members to the USCG prior to arrival or face fines and potential arrest.

 

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US judge orders PG&E to use dividends to pay for efforts to reduce wildfire risks

PG&E dividend halt for wildfire mitigation directs cash from shareholders to tree clearing, wildfire risk reduction, and probation compliance under Judge William Alsup, amid bankruptcy, Camp Fire liabilities, and power line vegetation management mandates.

 

Key Points

A court-ordered dividend halt funding vegetation clearance and wildfire mitigation as PG&E meets probation terms.

✅ Judge Alsup bars dividends until mitigation targets met

✅ 375,000 trees cleared near power lines in high-risk zones

✅ Measures tied to probation amid bankruptcy and liabilities

 

A U.S. judge said on Tuesday that PG&E may not resume paying dividends and must use the money to fund its plan for cutting down trees to reduce the risk of wildfires in California, stopping short of more costly measures he proposed earlier this year.

The new criminal probation terms for PG&E are modest compared with ones the judge had in mind in January and that PG&E said could have cost upwards of $150 billion.

The terms will, however, keep PG&E under the supervision of Judge William Alsup of the U.S. District Court for the Northern District of California and hold the company, which also is in Chapter 11 bankruptcy and whose bankruptcy plan has drawn support from wildfire victims, to its target for clearing areas around its power lines of some 375,000 trees this year.

PG&E's probation stems from its felony conviction after a deadly 2010 natural gas pipeline blast in San Bruno, California, near San Francisco, that killed eight people and injured 58 others.

PG&E filed for bankruptcy protection on Jan. 29 in anticipation of liabilities from wildfires, including a catastrophic 2018 blaze, the Camp Fire, for which PG&E later pleaded guilty to 85 counts in state court. It killed 86 people in the deadliest and most destructive wildfire in California history.

At a January hearing, Alsup, who is overseeing PG&E's probation, said he felt compelled to propose additional probation terms in the aftermath of Camp Fire. San Francisco-based PG&E expects its equipment will be found to have caused the blaze.

The probation process is separate from San Francisco-based PG&E's bankruptcy filing and from operational measures such as its pandemic response and shutoff moratorium implemented to protect customers.

As the company faces $30 billion in wildfire liabilities and bankruptcy proceedings and has opened a wildfire assistance program for affected residents, the energy company is expected to name as its new chief executive Bill Johnson, a source said on Tuesday. Johnson has been the CEO of the Tennessee Valley Authority since 2013 and is retiring on Friday.

Additional probation terms imposed by Alsup on Tuesday will require PG&E to meet goals in a wildfire mitigation plan it unveiled in February.

The goals include removing 375,000 dead, dying or hazardous trees from areas at high risk of wildfires in 2019, compared with 160,000 last year.

The judge said PG&E will not be able to pay shareholders until it complies with his new probation terms.

Shares fell 2% on Tuesday to close at $17.66 on the New York Stock Exchange and are down 63% since November 2018 due to concerns about the company's bankruptcy and wildfire liabilities, though the utility has said rates are set to stabilize in 2025 as part of its long-term plan. The shares traded as low as $5.07 in January.

PG&E in December 2017 suspended its quarterly cash dividend, while continuing to pay significant property taxes to California counties, citing uncertainty about liabilities from wildfires in October of that year that struck Northern California.

PG&E paid $798 million in dividends in 2017 and $925 million in 2016, a period in which the company did a poor job of clearing areas around its power lines of hazardous trees, according to Alsup.

Money meant for shareholders should have been spent on efforts to reduce wildfire risks in recent years, Alsup said at Tuesday's hearing.

"PG&E has started way more than its share of these fires," Alsup said.

"I want to see the people of California safe," the judge added.

Lawyers for PG&E did not contest the new terms, which the company considers more feasible than terms Alsup proposed in January.

To comply with the terms Alsup proposed in January, PG&E said it would have to remove 100 million trees. The company added that shutting power lines during high winds as Alsup proposed would not be feasible because the lines traverse rural areas to service cities and suburbs.

Idling lines could also affect the power grid in other states, PG&E said.

Alsup on Tuesday said he was still considering his proposal to require PG&E to shut down power lines during windy weather to prevent tree branches from making contact and sparking wildfires linked to power lines in the region.

 

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When did BC Hydro really know about Site C dam stability issues? Utilities watchdog wants to know

BC Utilities Commission Site C Dam Questions press BC Hydro on geotechnical risks, stability issues, cost overruns, oversight gaps, seeking transparency for ratepayers and clarity on contracts, mitigation, and the powerhouse and spillway foundations.

 

Key Points

Inquiry seeking explanations from BC Hydro on geotechnical risks, costs, timelines and oversight for Site C.

✅ Timeline of studies, monitoring, and mitigation actions

✅ Rationale for contracts, costs, and right bank construction

✅ Implications for ratepayers, oversight, and project stability

 

The watchdog B.C. Utilities Commission has sent BC Hydro 70 questions about the troubled Site C dam, asking when geotechnical risks were first identified and when the project’s assurance board was first made aware of potential issues related to the dam’s stability. 

“I think they’ve come to the conclusion — but they don’t say it — that there’s been a cover-up by BC Hydro and by the government of British Columbia,” former BC Hydro CEO Marc Eliesen told The Narwhal. 

On Oct. 21, The Narwhal reported that two top B.C. civil servants, including the senior bureaucrat who prepares Site C dam documents for cabinet, knew in May 2019 that the project faced serious geotechnical problems due to its “weak foundation” and the stability of the dam was “a significant risk.” 

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“They [the civil servants] would have reported to their ministers and to the government in general,” said Eliesen, who is among 18 prominent Canadians calling for a halt to Site C work until an independent team of experts can determine if the geotechnical problems can be resolved and at what cost.  

“It’s disingenuous for Premier [John] Horgan to try to suggest, ‘Well, I just found out about it recently.’ If that’s the case, he should fire the public servants who are representing the province.” 

The public only found out about significant issues with the Site C dam at the end of July, when BC Hydro released overdue reports saying the project faces unknown cost overruns, schedule delays and, even as it achieved a transmission line milestone earlier, such profound geotechnical troubles that its overall health is classified as ‘red,’ meaning it is in serious trouble. 

“The geotechnical challenges have been there all these years.”

The Site C dam is the largest publicly funded infrastructure project in B.C.’s history. If completed, it will flood 128 kilometres of the Peace River and its tributaries, forcing families from their homes and destroying Indigenous gravesites, hundreds of protected archeological sites, some of Canada’s best farmland and habitat for more than 100 species vulnerable to extinction.

Eliesen said geotechnical risks were a key reason BC Hydro’s board of directors rejected the project in the early 1990s, when he was at the helm of BC Hydro.

“The geotechnical challenges have been there all these years,” said Eliesen, who is also the former Chair and CEO of Ontario Hydro, where Ontario First Nations have urged intervention on a critical electricity line, the former Chair of Manitoba Hydro and the former Chair and CEO of the Manitoba Energy Authority.

Elsewhere, a Manitoba Hydro line to Minnesota has faced potential delays, highlighting broader grid planning challenges.

The B.C. Utilities Commission is an independent watchdog that makes sure ratepayers — including BC Hydro customers — receive safe and reliable energy services, as utilities adapt to climate change risks, “at fair rates.”

The commission’s questions to BC Hydro include 14 about the “foundational enhancements” BC Hydro now says are necessary to shore up the Site C dam, powerhouse and spillways. 

The commission is asking BC Hydro to provide a timeline and overview of all geotechnical engineering studies and monitoring activities for the powerhouse, spillway and dam core areas, and to explain what specific risk management and mitigation practices were put into effect once risks were identified.

The commission also wants to know why construction activities continued on the right bank of the Peace River, where the powerhouse would be located, “after geotechnical risks materialized.” 

It’s asking if geotechnical risks played a role in BC Hydro’s decision in March “to suspend or not resume work” on any components of the generating station and spillways.

The commission also wants BC Hydro to provide an itemized breakdown of a $690 million increase in the main civil works contract — held by Spain’s Acciona S.A. and the South Korean multinational conglomerate Samsung C&T Corp. — and to explain the rationale for awarding a no-bid contract to an unnamed First Nation and if other parties were made aware of that contract. 

Peace River Jewels of the Peace Site C The Narwhal
Islands in the Peace River, known as the ‘jewels of the Peace’ will be destroyed for fill for the Site C dam or will be submerged underwater by the dam’s reservoir, a loss that opponents are sharing with northerners in community discussions. Photo: Byron Dueck

B.C. Utilities Commission chair and CEO David Morton said it’s not the first time the commission has requested additional information after receiving BC Hydro’s quarterly progress reports on the Site C dam. 

“Our staff reads them to make sure they understand them and if there’s anything in then that’s not clear we go then we do go through this, we call it the IR — information request — process,” Morton said in an interview.

“There are things reported in here that we felt required a little more clarity, and we needed a little more understanding of them, so that’s why we asked the questions.”

The questions were sent to BC Hydro on Oct. 23, the day before the provincial election, but Morton said the commission is extraordinarily busy this year and that’s just a coincidence. 

“Our resources are fairly strained. It would have been nice if it could have been done faster, it would be nice if everything could be done faster.” 

“These questions are not politically motivated,” Morton said. “They’re not political questions. There’s no reason not to issue them when they’re ready.”

The commission has asked BC Hydro to respond by Nov. 19.

Read more: Top B.C. government officials knew Site C dam was in serious trouble over a year ago: FOI docs

Morton said the independent commission’s jurisdiction is limited because the B.C. government removed it from oversight of the project. 

The commission, which would normally determine if a large dam like the Site C project is in the public’s financial interest, first examined BC Hydro’s proposal to build the dam in the early 1980s.

After almost two years of hearings, including testimony under oath, the commission concluded B.C. did not need the electricity. It found the Site C dam would have negative social and environmental impacts and said geothermal power should be investigated to meet future energy needs. 

The project was revived in 2010 by the BC Liberal government, which touted energy from the Site C dam as a potential source of electricity for California and a way to supply B.C.’s future LNG industry with cheap power.

Not willing to countenance another rejection from the utilities commission, the government changed the law, stripping the commission of oversight for the project. The NDP government, which came to power in 2017, chose not to restore that oversight.

“The approval of the project was exempt from our oversight,” Morton said. “We can’t come along and say ‘there’s something we don’t like about what you’re doing, we’re going to stop construction.’ We’re not in that position and that’s not the focus of these questions.” 

But the commission still retains oversight for the cost of construction once the project is complete, Morton said. 

“The cost of construction has to be recovered in [hydro] rates. That means BC Hydro will need our approval to recover their construction cost in rates, and those are not insignificant amounts, more than $10.7 billion, in all likelihood.” 

In order to recover the cost from ratepayers, the commission needs to be satisfied BC Hydro didn’t spend more money than necessary on the project, Morton said. 

“As you can imagine, that’s not a straight forward review to do after the fact, after a 10-year construction project or whatever it ends up being … so we’re using these quarterly reports as an opportunity to try to stay on top of it and to flag any areas where we think there may be areas we need to look into in the future.”

The price tag for the Site C dam was $10.7 billion before BC Hydro’s announcement at the end of July — a leap from $6.6 billion when the project was first announced in 2010 and $8.8 billion when construction began in 2015. 

Eliesen said the utilities commission should have been asking tough questions about the Site C dam far earlier. 

“They’ve been remiss in their due diligence activities … They should have been quicker in raising questions with BC Hydro, rather than allowing BC Hydro to be exceptionally late in submitting their reports.” 

BC Hydro is late in filing another Site C quarterly report, covering the period from April 1 to June 30. 

The quarterly reports provide the B.C. public with rare glimpses of a project that international hydro expert Harvey Elwin described as being more secretive than any hydro project he has encountered in five decades working on large dams around the world, including in China.

Read more: Site C dam secrecy ‘extraordinary’, international hydro construction expert tells court proceeding

Morton said the commission could have ordered regular reporting for the Site C project if it had its previous oversight capability.

“Then we would have had the ability to follow up and ultimately order any delinquent reports to be filed. In this circumstance, they are being filed voluntarily. They can file it as late as they choose. We don’t have any jurisdiction.” 

In addition to the six dozen questions, the commission has also filed confidential questions with BC Hydro. Morton said confidential information could include things such as competitive bid information. “BC Hydro itself may be under a confidentiality agreement not to disclose it.” 

With oversight, the commission would also have been able to drill down into specific project elements,  Morton said. 

“We would have wanted to ensure that the construction followed what was approved. BC Hydro wouldn’t have the ability to make significant changes to the design and nature of the project as they went along.”

BC Hydro has been criticized for changing the design of the Site C dam to an L-shape, which Eliesen said “has never been done anywhere in the world for an earthen dam.” 

Morton said an empowered commission could have opted to hold a public hearing about the design change and engage its own technical consultants, as it did in 2017 when the new NDP government asked it to conduct a fast-tracked review of the project’s economics. 

 

Construction Site C Dam
A recent report by a U.S. energy economist found cancelling the Site C dam project would save BC Hydro customers an initial $116 million a year, with increasing savings growing over time. Photo: Garth Lenz / The Narwhal

The commission’s final report found the dam could cost more than $12 billion, that BC Hydro had a historical pattern of overestimating energy demand and that the same amount of energy could be produced by a suite of renewables, including wind and proposed pumped storage such as the Meaford project, for $8.8 billion or less. 

The NDP government, under pressure from construction trade unions, opted to continue the project, refusing to disclose key financial information related to its decision. 

When the geotechnical problems were revealed in July, the government announced the appointment of former deputy finance minister Peter Milburn as a special Site C project advisor who will work with BC Hydro and the Site C project assurance board to examine the project and provide the government with independent advice.

Eliesen said BC Hydro and the B.C. government should never have allowed the recent diversion of the Peace River to take place given the tremendous geotechnical challenges the project faces and its unknown cost and schedule for completion. 

“It’s a disgrace and scandalous,” he said. “You can halt the river diversion, but you’ve got another four or five years left in construction of the dam. What are you going to do about all the cement you’ve poured if you’ve got stability problems?”

He said it’s counter-productive to continue with advice “from the same people who have been wrong, wrong, wrong,” without calling in independent global experts to examine the geotechnical problems. 

“If you stop construction, whether it takes three or six months, that’s the time that’s required in order to give yourself a comfort level. But continuing to do what you’ve been doing is not the right course. You should have to sit back.”

Eliesen said it reminded him of the Pete Seeger song Waist Deep in the Big Muddy, which tells the story of a captain ordering his troops to keep slogging through a river because they will soon be on dry ground. After the captain drowns, the troops turn around.

“It’s a reflection of the fact that if you don’t look at what’s new, you just keep on doing what you’ve been doing in the past and that, unfortunately, is what’s happening here in this province with this project.”

 

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