Lawsuit against Canada over Kyoto accord dismissed

By Reuters


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Environmentalists have lost a legal challenge to force the Canadian government to abide by the Kyoto Protocol on climate change, which Canada signed but has refused to implement.

The Federal Court dismissed a lawsuit filed by Friends of the Earth Canada that alleged the government broke the law by missing deadlines for implementing the treaty to cut emissions of greenhouse gases blamed for global warming.

It is not up to the court to decide if the government acted reasonably in failing to meet its international commitments, and even if it had the power to do so, there was no practical way to enforce a court order, a federal judge ruled.

"Such an order would be so devoid of meaningful content and the nature of any response to it so legally intangible that the exercise would be meaningless in practical terms," Justice Robert Barnes wrote.

Canada's former Liberal government signed the Kyoto agreement in 1997. The agreement required Canada to cut the country's greenhouse gas emissions by 6 percent below 1990 levels by 2012, but critics contend the Liberals failed to act quickly to implement the deal.

Conservative Prime Minister Stephen Harper refused to abide by the agreement after he was elected in 2006, saying the reduction targets were not achievable and that trying to meet them would severely damage the country's economy.

Canada's emissions of greenhouse gases, such as carbon dioxide, were 25.3 percent above the 1990 level in 2005. They are largely produced by burning fuels such as coal and oil that contain carbon.

The Conservative government last year introduced a plan it said would cut emissions by 20 percent from 2006 levels by 2020, a target that environmental critics say is hopelessly inadequate.

Friends of the Earth said the court had reneged on its own legal responsibilities by dismissing the lawsuit, and unless the decision is appealed Canada's "woeful inaction" on climate change would continue.

"This decision is shocking and a stake in the heart of democracy since it appears we cannot enforce Canadian domestic law," Beatrice Olivastri, the group's chief executive, said in a written statement.

The government had argued that the issue of Canada's response to the Kyoto agreement should be handled by voters not the courts.

Harper won reelection to a second minority government, following a campaign in which the Conservatives bitterly attacked Liberal leader Stephane Dion's call for a tax on carbon emissions to reduce greenhouse gases.

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Swiss Earthquake Service and ETH Zurich aim to make geothermal energy safer

Advanced Traffic Light System for Geothermal Safety models fracture growth and friction with rock physics, geophones, and supercomputers to predict induced seismicity during hydraulic stimulation, enabling real-time risk control for ETH Zurich and SED.

 

Key Points

ATLS uses rock physics, geophones, and HPC to forecast induced seismicity in real time during geothermal stimulation.

✅ Real-time seismic risk forecasts during hydraulic stimulation

✅ Uses rock physics, friction, and fracture modeling on HPC

✅ Supports ETH Zurich and SED field tests in Iceland and Bedretto

 

The Swiss Earthquake Service and ETH Zurich want to make geothermal energy safer, so news piece from Switzerland earlier this month. This is to be made possible by new software, including machine learning, and the computing power of supercomputers. The first geothermal tests have already been carried out in Iceland, and more will follow in the Bedretto laboratory.

In areas with volcanic activity, the conditions for operating geothermal plants are ideal. In Iceland, the Hellisheidi power plant makes an important contribution to sustainable energy use, alongside innovations like electricity from snow in cold regions.

Deep geothermal energy still has potential. This is the basis of the 2050 energy strategy. While the inexhaustible source of energy in volcanically active areas along fault zones of the earth’s crust can be tapped with comparatively little effort and, where viable, HVDC transmission used to move power to demand centers, access on the continents is often much more difficult and risky. Because the geology of Switzerland creates conditions that are more difficult for sustainable energy production.

Improve the water permeability of the rock

On one hand, you have to drill four to five kilometers deep to reach the correspondingly heated layers of earth in Switzerland. It is only at this depth that temperatures between 160 and 180 degrees Celsius can be reached, which is necessary for an economically usable water cycle. On the other hand, the problem of low permeability arises with rock at these depths. “We need a permeability of at least 10 millidarcy, but you can typically only find a thousandth of this value at a depth of four to five kilometers,” says Thomas Driesner, professor at the Institute of Geochemistry and Petrology at ETH Zurich.

In order to improve the permeability, water is pumped into the subsurface using the so-called “fracture”. The water acts against friction, any fracture surfaces shift against each other and tensions are released. This hydraulic stimulation expands fractures in the rock so that the water can circulate in the hot crust. The fractures in the earth’s crust originate from tectonic tensions, caused in Switzerland by the Adriatic plate, which moves northwards and presses against the Eurasian plate.

In addition to geothermal energy, the “Advanced Traffic Light System” could also be used in underground construction or in construction projects for the storage of carbon dioxide.

Quake due to water injection

The disadvantage of such hydraulic stimulations are vibrations, which are often so weak or cannot be perceived without measuring instruments. But that was not the case with the geothermal projects in St. Gallen 2013 and Basel 2016. A total of around 11,000 cubic meters of water were pumped into the borehole in Basel, causing the pressure to rise. Using statistical surveys, the magnitudes 2.4 and 2.9 defined two limit values ??for the maximum permitted magnitude of the earthquakes generated. If these are reached, the water supply is stopped.

In Basel, however, there was a series of vibrations after a loud bang, with a time delay there were stronger earthquakes, which startled the residents. In both cities, earthquakes with a magnitude greater than 3 have been recorded. Since then it has been clear that reaching threshold values ??determines the stop of the water discharge, but this does not guarantee safety during the actual drilling process.

Simulation during stimulation

The Swiss Seismological Service SED and the ETH Zurich are now pursuing a new approach that can be used to predict in real time, building on advances by electricity prediction specialists in Europe, during a hydraulic stimulation whether noticeable earthquakes are expected in the further course. This is to be made possible by the so-called “Advanced Traffic Light System” based on rock physics, a software developed by the SED, which carries out the analysis on a high-performance computer.

Geophones measure the ground vibrations around the borehole, which serve as indicators for the probability of noticeable earthquakes. The supercomputer then runs through millions of possible scenarios, similar to algorithms to prevent power blackouts during ransomware attacks, based on the number and type of fractures to be expected, the friction and tensions in the rock. Finally, you can filter out the scenario that best reflects the underground.

Further tests in the mountain

However, research is currently still lacking any real test facility for the system, because incorrect measurements must be eliminated and a certain data format adhered to before the calculations on the supercomputer. The first tests were carried out in Iceland last year, with more to follow in the Bedretto geothermal laboratory in late summer, where reliable backup power from fuel cell solutions can keep instrumentation running. An optimum can now be found between increasing the permeability of rock layers and an adequate water supply.

The new approach could make geothermal energy safer and ultimately help this energy source to become more accepted, while grid upgrades like superconducting cables improve efficiency. Research also sees areas of application wherever artificially caused earthquakes can occur, such as in underground mining or in the storage of carbon dioxide underground.

 

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Shopping for electricity is getting cheaper in Texas

Texas Electricity Prices are shifting as deregulation matures, with competitive market shopping lowering residential rates, narrowing gaps with regulated areas, and EIA data showing long term declines versus national averages across most Texans.

 

Key Points

Texas Electricity Prices are average residential rates in deregulated and regulated markets across the state.

✅ Deregulated areas saw 17.4% residential price declines since 2006

✅ Regulated zones experienced a 5.5% increase over the same period

✅ Competitive shopping narrowed the gap; Texas averaged below US

 

Shopping for electricity is becoming cheaper for most Texans, according to a new study from the Texas Coalition for Affordable Power. But for those who live in an area with only one electricity provider, prices have increased in a recent 10-year period, the study says.

About 85 percent of Texans can purchase electricity from a number of providers in a deregulated marketplace, while the remaining 15 percent must buy power from a single provider, often an electric cooperative, in their area.

The report from the Texas Coalition for Affordable Power, which advocates for cities and local governments and negotiates their power contracts, pulls information from the U.S. Energy Information Administration to compare prices for Texans in the two models. Most Texans could begin choosing their electricity provider in 2002.

Buying power tends to be more expensive for Texans who live in a part of the state with a deregulated electricity market. But that gap is continuing to shrink as Texans become more willing to shop for power, even as electricity complaints have periodically risen. In 2015, the gap “was the smallest since the beginning of deregulation,” according to the report.

Between 2006 and 2015, the last year for which data is available, average residential electric prices for Texans in a competitive market decreased by 17.4 percent, while average prices increased by 5.5 percent in the regulated areas, even as the Texas power grid has periodically faced stress.

“These residential price declines are promising, and show the retail electric market is maturing,” Jay Doegey, executive director for the Texas Coalition for Affordable Power, said in a statement. “We’re encouraged by the price declines, but more progress is needed.”

The study attributes the decline to the prevalence of “low-priced individual deals” in the competitive areas, while policymakers consider market reforms to bolster reliability.

Overall, the average price of electricity in Texas (which produces and consumes the most electricity in the U.S.) — including the price in the deregulated marketplace, for the third time in four years — was below the national average in 2015.

 

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Construction of expanded Hoa Binh Hydropower Plant to start October 2020

Expanded Hoa Binh Hydropower Plant increases EVN capacity with 480MW turbines, commercial loan financing, grid stability, flood control, and Da River reliability, supported by PECC1 feasibility work and CMSC collaboration on site clearance.

 

Key Points

A 480MW EVN expansion on the Da River to enhance grid stability, flood control, and seasonal water supply in Vietnam.

✅ 480MW, two turbines, EVN-led financing without guarantees

✅ Improves frequency modulation and national grid stability

✅ Supports flood control and dry-season water supply

 

The extended Hoa Binh Hydropower Plant, which is expected to break ground in October 2020, is considered the largest power project to be constructed this year, even as Vietnam advances a mega wind project planned for 2025.

Covering an area of 99.2 hectares, the project is invested by Electricity of Vietnam (EVN). Besides, Vietnam Electricity Power Projects Management Board No.1 (EVNPMB1) is the representative of the investor and Power Engineering Consulting JSC 1 (EVNPECC1) is in charge of building the feasibility report for the project. The expanded Hoa Binh Hydro Power Plant has a total investment of VND9.22 trillion ($400.87 million), 30 per cent of which is EVN’s equity and the remaining 70 per cent comes from commercial loans without a government guarantee.

According to the initial plan, EVN will begin the construction of the project in the second quarter of this year and is expected to take the first unit into operation in the third quarter of 2023, a timeline reminiscent of Barakah Unit 1 reaching full power, and the second one in the fourth quarter of the same year.

Chairman of the Committee for Management of State Capital at Enterprises (CMSC) Nguyen Hoang Anh said that in order to start the construction in time, CMSC will co-operate with EVN to work with partners as well as local and foreign banks to mobilise capital, reflecting broader nuclear project milestones across the energy sector.

In addition, EVN will co-operate with Hoa Binh People’s Committee to implement site clearance, remove Ba Cap port and select contractors.

Once completed, the project will contribute to preventing floods in the rainy season and supply water in the dry season. The plant expansion will include two turbines with the total capacity of 480MW, similar in scale to the 525-MW hydropower station China is building on a Yangtze tributary, and electricity output of about 488.3 million kWh per year.

In addition, it will help improve frequency modulation capability and stabilise the frequency of the national electricity system through approaches like pumped storage capacity, and reduce the working intensity of available turbines of the plant, thus prolonging the life of the equipment and saving maintenance and repair costs.

Built in the Da River basin in the northern mountainous province of Hoa Binh, at the time of its conception in 1979, Hoa Binh was the largest hydropower plant in Southeast Asia, while projects such as China’s Lawa hydropower station now dwarf earlier benchmarks.

The construction was supported by the Soviet Union all the way through, designing, supplying equipment, supervising, and helping it go on stream. Construction began in November 1979 and was completed 15 years later in December 1994, when it was officially commissioned, similar to two new BC generating stations recently brought online.

 

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Washington County planning officials develop proposed recommendations for solar farms

Washington County solar farm incentives aim to steer projects to industrial sites with tax breaks, underground grid connections, decommissioning bonds, and wildlife corridors, balancing zoning, historic preservation, and Maryland renewable energy mandates.

 

Key Points

Policies steer solar to industrial sites with tax breaks, buried lines, and bonds, aligning with zoning and state goals.

✅ Tax breaks to favor rooftops and parking canopies

✅ Bury new grid lines to shift projects to industrial parks

✅ Require decommissioning bonds and wildlife corridors

 

Incentives for establishing solar farms at industrial spaces instead of on prime farmland are among the ideas the Washington County Planning Commission is recommending for the county to update its policies regarding solar farms.

Potential incentives would include tax breaks on solar equipment and requiring developers to put power-grid connections and line extensions underground, a move tied to grid upgrade cost debates in other regions, Planning Commission members said during a Monday meeting.

The tax break could make it more attractive for a developer to put a solar farm on a roof or over a parking lot, similar to California's building-solar requirement policies that favor rooftop generation, which could cost more than putting it on farmland, said Commission member Dave Kline, who works for FirstEnergy.

Requiring a company to bury new transmission lines could steer them to industrial or business parks where, theoretically, transmission lines are more readily available, Kline said Wednesday in a phone interview.

Chairman Clint Wiley suggested talking to industrial property owners to create a list of industrial sites that make sense for a solar site, which could generate extra income for the property owner.

Commission members also talked about requiring a wildlife corridor. Anne Arundel County requires such a corridor if a solar site is over 15 acres, according to Jill Baker, deputy director of planning and zoning. The solar site is broken into sections so animals such as deer can get through, she said.

However, that means the solar farm would take up more agricultural land, Commission member Jeremiah Weddle said. Weddle, a farmer, has repeatedly voiced concerns about solar farms using prime farmland.

County zoning law already states solar farms are prohibited in Rural Legacy Areas, Priority Preservation Areas, and within Antietam Overlay zones that preserve the Antietam National Battlefield viewshed. They also cannot be built on land with permanent preservation easements, Baker said.

However, a big reason county officials are looking to strengthen county policies for solar generating systems, or solar farms, is a recent court decision that ruled the Maryland Public Service Commission can preempt county zoning law when it comes to large solar farms.

County zoning law defines a solar energy generating system as a solar facility, with multiple solar arrays, tied into the power grid and whose primary purpose is to generate power to distribute and/or sell into the public utility grid rather than consuming that power on site.

The Maryland Court of Appeals ruled in July that the Public Service Commission can preempt local zoning regarding solar farms larger than 2 megawatts. But the ruling also stated local government is a "significant participant in the process" and the state commission must give "due consideration" to local zoning laws.

County officials are looking at recommendations for solar farms, whether they are over 2 megawatts or not.

Solar farms are a popular issue statewide, especially with Maryland solar subscriptions expanding, and were discussed at a recent Maryland Association of Counties meeting for planners, Planning and Zoning Director Stephen Goodrich said.

The thinking is the best way for counties to express their opinions about a solar project is to participate in the state commission's local public hearings, where issues like how solar owners are paid often arise, Goodrich said. Another popular idea is for the county to continue to follow its process, which requires a public hearing for a special exception to establish a solar farm. That will help the county form an opinion, on individual cases, to offer the state commission, he said.

Recommendations discussed by the Planning Commission include:

A break on personal property taxes, which is on equipment, including affordable battery storage that can firm output, to steer developers away from areas where the county doesn't want solar farms. The Board of County Commissioners have been split on tax-break agreements for solar farms, with a majority recently granting a few.

 

Protecting valuable historic sites.

Requiring a decommissioning bond for removing the equipment at the end of the solar farm's life. The bond is protection in case the company goes bankrupt. The county commissioners have been making such a bond a requirement when granting recent tax breaks.

Looking at allowing solar farms in stormwater-management areas.

Other counties, particularly in Western Maryland and on the Eastern Shore, are having issues with solar farms even as research to improve solar and wind advances, because land is cheaper and there are wide-open spaces, Goodrich said.

Many solar projects are being developed or proposed because state lawmakers passed legislation requiring 50% of electricity produced in the state to come from renewable sources by 2030, and a federal plan to expand solar is also shaping expectations. Of that 50%, 14.5% is to come from solar energy.

In Maryland, the average number of homes that can be powered by 1 megawatt of solar energy is about 110, according to the Solar Energy Industries Association's website.

 

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Old meters giving away free electricity to thousands of N.B. households

NB Power Smart Meters will replace aging analog meters, boosting billing accuracy, reducing leakage, and modernizing distribution as the EUB considers a $92 million rollout of 360,000 advanced meters for residential and commercial customers.

 

Key Points

NB Power Smart Meters replace analog meters, improving billing accuracy and reducing leakage in the electricity network.

✅ EUB reviewing $92M plan for 360,000 advanced meters

✅ Replaces 98,000 analog units; curbs unbilled kWh

✅ Improves billing accuracy and reduces system leakage

 

Home and business owners with old power meters in New Brunswick have been getting the equivalent of up to 10 days worth of electricity a year or more for free, a multi million dollar perk that will end quickly if the Energy and Utilities Board approves the adoption of smart meters, a move that in other provinces has prompted refusal fees for some holdouts.

Last week the EUB began deliberations over whether to allow NB Power to purchase and install 360,000 new generation smart meters for its residential and commercial customers as part of a $92 million upgrade of its distribution system, even as regulators elsewhere approve major rate changes that affect customer bills.

If approved, that will spell the end to about 98,000 aging electromagnetic or analog meters still used by about one quarter of NB Power customers.  Those are the kind with a horizontal spinning silver disc and clock-face style dials that record consumption 

NB Power lawyer John Furey told the energy and utilities board last week that the utility suspects it loses several million dollars a year to electricity consumed by customers that is not properly recorded by their old meters. It was a central issue in Furey's argument for smart meters amid broader debates over industrial subsidies and debt. (Roger Cosman/CBC)
The analog units, some more than 50 years old and installed back when the late Louis Robichaud and Richard Hatfield were premiers in the 1960's and 1970's - are suspected of doling out millions of kilowatt hours of free power to customers by failing to register all of the current that moves through them.   

"Over time, analog meters slow down and they register lower consumption of electricity than is actually occurring," said NB Power lawyer John Furey last week about the widespread freeloading of power in New Brunswick caused by the old meters.

3 per cent missed
A 2010 report by the independent non-profit Electric Power Research Institute in Palo Alto, California and entered into evidence during NB Power's smart meter hearing said old spinning disc meters generally degrade over time and after 20 years typically fail to register nearly 3 per cent of the power that flows through them.

The average age of analog meters in New Brunswick is much older than that - 31 years - and more than 11,000 of the units are over the age of 40.

"Worn gears, corrosion, moisture, dust, and insects can all cause drag and result in an electromagnetic meter that does not capture the full consumption of the premises," said the report.

The sudden correction to full accounting and billing could naturally surprise these homeowners and even trigger consumer backlash in some cases

- Electric Power Research Institute report
About 94,000 NB residential customers and 3,900 commercial customers have an old meter, according to NB Power records. The group would receive about 40 million kilowatt hours of electricity for free this year  ($5.1 million worth including HST)  if the average unit failed to register 2 percent of the electricity flowing through it, while elsewhere some customers are receiving lump-sum credits on electricity bills.  

That is about $41 in free power for the average residential customer and $322 for the average business.

But, according to the research, there would also be hundreds of customers with meters that have slowed considerably more than the average with 0.3 percent - or close to 300 in NB Power's case -  not counting between 10 and 20 percent of the electricity customers are using. 

NB Power senior Vice President Lori Clark told the EUB stopping the freeloading of power in New Brunswick caused by older meters is in everyone's interest. (Roger Cosman/CBC)
That's potentially $400 in free electricity in a year for a residential customer with average consumption.

"While the average meter might be only slightly slow a few could be significantly so," said the report.

"The sudden correction to full accounting and billing could naturally surprise these homeowners and result in questioning of a new meter, as seen in a shocking $666 bill reported by a Nova Scotia senior." 

The report made the point analog meters can also run fast but called that "less common" meaning that if the EUB approves smart meters, tens of thousands of customers who lose an old meter to a new accurate model will experience higher bills.

'Leakage' reduction
NB Power acknowledges it does not know precisely how much power its older meters give away but said whether it is a little or a lot, ending the freebies is to everyone's benefit. 

"It reduces our inefficiencies, reduces our leakage that we have in the system, so that we are  picking up those unbilled kilowatt hours," said NB Power senior vice president Lori Clark about ending the free power many customers unknowingly enjoy.

Smart meter critics change tone on NB Power's new business case
NB Power's smart meter plan gets major boost with critical endorsements
"Customers benefit from reduced inefficiencies in our system. They benefit from reduced leakage in our system and the fact that those kilowatt hours are being properly billed to the customers that have consumed the kilowatt hours."   

NB Power hopes to win approval of its plan to acquire smart meters by this spring to allow installation beginning in mid 2021, even as some utilities elsewhere have backed away from smart home network projects.

 

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Saskatchewan to credit solar panel owners, but not as much as old program did

Saskatchewan Solar Net Metering Program lets rooftop solar users offset at retail rate while earning 7.5 cents/kWh credits for excess energy; rebates are removed, SaskPower balances grid costs with a 100 kW cap.

 

Key Points

An updated SaskPower plan crediting rooftop solar at 7.5 cents/kWh, offsetting usage at retail rate, without rebates.

✅ Excess energy credited at 7.5 cents/kWh

✅ Offsets on-site use at retail electricity rates

✅ Up to 100 kW generation; no program capacity cap

 

Saskatchewan has unveiled a new program that credits electricity customers for generating their own solar power, but it won’t pay as much as an older program did or reimburse them with rebates for their costs to buy and install equipment.

The new net metering program takes effect Nov. 1, and customers will be able to use solar to offset their own power use at the retail rate, similar to UK households' right to sell power in comparable schemes, though program details differ.

But they will only get 7.5 cents per kilowatt hour credit on their bills for excess energy they put back into the grid, as seen in Duke Energy payment changes in other jurisdictions, rather than the 14 cents in the previous program.

Dustin Duncan, the minister responsible for Crown-owned SaskPower, says the utility had to consider the interests of people wanting to use rooftop solar and everyone else who doesn’t have or can’t afford the panels, who he says would have to make up for the lost revenue.

Duncan says the idea is to create a green energy option, with wind power gains highlighting broader competitiveness, while also avoiding passing on more of the cost of the system to people who just cannot afford solar panels of their own.

Customers with solar panels will be allowed to generate up to 100 kilowatts of power against their bills.

“It’s certainly my hope that this is going to provide sustainability for the industry, as illustrated by Alberta's renewable surge creating jobs, that they have a program that they can take forward to their potential customers, while at the same time ensuring that we’re not passing onto customers that don’t have solar panels more cost to upkeep the grid,” Duncan said Tuesday.

Saskatchewan NDP leader Ryan Meili said he believes eliminating the rebate and cutting the excess power credit will kill the province’s solar energy, a concern consistent with lagging solar demand in Canada in recent national reports, he said.

“(Duncan) essentially made it so that any homeowner who wants to put up panels would take up to twice as long to pay it back, which effectively prices everybody in the small part of the solar production industry — the homeowners, the farms, the small businesses, the small towns — out of the market,” Meili said.

The province’s old net metering program hit its 16 megawatt capacity ahead of schedule, forcing the program to shut down, while disputes like the Manitoba Hydro solar lawsuit have raised questions about program management elsewhere. It also had a rebate of 20 per cent of the cost of the system, but that rebate has been discontinued.

The new net metering program won’t have any limit on program capacity, or an end date.

According to Duncan, the old program would have had a net negative impact to SaskPower of about $54 million by 2025, but this program will be much less — between $4 million and $5 million.

Duncan said other provinces either have already or are in the process of moving away from rebates for solar equipment, including Nova Scotia's proposed solar charge and similar reforms, and away from the one-to-one credits for power generation.

 

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