Government faces lawsuit over Kyoto targets

By Toronto Star


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An environmental group is taking the Conservative government to court for not meeting its obligations under a recently passed climate-change law.

Friends of the Earth filed an application for judicial review in Federal Court, with the help of Toronto lawyer Chris Paliare and Ecojustice.

The group charges that Environment Minister John Baird is ignoring the rule of law by failing to comply with legislation that requires the government meet its targets under the Kyoto Protocol and submit a plan illustrating how it would do so. The Kyoto Protocol Implementation Act was passed with the support of the opposition in June.

Garry Keller, BairdÂ’s director of communications, said in a statement that the department would have no comment on cases before the courts.

Beatrice Olivastri of Friends of the Earth says that just as a deadbeat dad would be forced to provide money to his children, so too should a judge order the federal government live up to its legal obligations.

"Some of the excuses we've heard around Kyoto are reminiscent of what you hear from deadbeat dads: I can't afford the payments, I'd have to give up too much to afford the payments," Olivastri said. “It's running away from the responsibility that our government bears."

Baird did submit an ostensible Kyoto blueprint in August – as required by the legislation – but it did not commit to meeting the Kyoto target of reducing greenhouse gas emissions by six per cent below 1990 levels by 2012. The Conservatives have consistently maintained that years of inaction on the part of their Liberal predecessors makes it impossible to meet the targets without serious consequences for the economy.

The Conservatives underline that they have their own plan to tackle global warming, one which will put Canada more than 30 per cent over its Kyoto targets but will ultimately put the country on track for deeper reductions.

Liberal MP Pablo Rodriguez, the original sponsor of the bill that became the Kyoto Protocol Implementation Act, said the legislation was spurred when the Conservatives made it clear they would not respect the international treaty.

"First you start with not respecting the international, and then they don't respect the national law. They have to face the consequences."

Meanwhile, the NDP has said they are no longer fixated on the issue of the Kyoto targets, but instead would like the government to commit to a more stringent environmental plan.

A Clean Air Act that was before Parliament, and heavily amended by the opposition, died on the order paper when the last session of Parliament ended earlier this week. NDP Leader Jack Layton has said he would like to see it revived by the government, but Tory House Leader Peter Van Loan said that's not on.

Friends of the Earth had filed another application against the government in Federal Court earlier in the year, alleging the government was violating the Canadian Environmental Protection Act by not living up to Kyoto. That case has been abandoned in favour of the new one based on the more specific Kyoto Protocol Implementation Act.

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Enel Starts Operations of 450 MW Wind Farm in U.S

High Lonesome Wind Farm powers Texas with 500 MW of renewable energy, backed by a 12-year PPA with Danone North America and a Proxy Revenue Swap, cutting CO2 emissions as Enel's largest project to date.

 

Key Points

A 500 MW Enel wind project in Texas, supplying renewable power via PPAs and hedged by a Proxy Revenue Swap.

✅ 450 MW online; expanding to 500 MW in early 2020

✅ 12-year PPA with Danone North America for 20.6 MW

✅ PRS hedge with Allianz and Nephila stabilizes revenues

 

Enel, through its US renewable subsidiary Enel Green Power North America, Inc. (“EGPNA”), has started operations of its 450 MW High Lonesome wind farm in Upton and Crockett Counties, in Texas, the largest operational wind project in the Group’s global renewable portfolio, alongside a recent 90 MW Spanish wind build in its European pipeline. Enel also signed a 12-year, renewable energy power purchase agreement (PPA) with food and beverage company Danone North America, a Public Benefit Corporation, for physical delivery of the renewable electricity associated with 20.6 MW, leading to an additional 50 MW expansion of High Lonesome that will increase the plant’s total capacity to 500 MW. The construction of the 50 MW expansion is currently underway and operations are due to start in the first quarter of 2020.

“The start of operations of Enel’s largest wind farm in the world marks a significant achievement for our company and reinforces our global commitment to accelerated renewable energy growth,” said Antonio Cammisecra, CEO of Enel Green Power, referencing the largest wind project constructed in North America as evidence of market momentum. “This milestone is matched with a new partnership with Danone North America to support their renewable goals, a reinforcement of our continued commitment to provide customers with tailored solutions to meet their sustainability goals.”

The agreement between Enel and Danone North America will provide enough electricity to produce the equivalent of almost 800 million cups of yogurt1 and over 80 million gallons2 of milk each year and support the food and beverage company’s commitment to securing 100% of its purchased electricity from renewable sources by 2030, in a market where North Carolina’s first wind farm is now fully operational and expanding access to clean power.

Mariano Lozano, president and CEO of Danone North America, added:“This is an exciting and significant step as we continue to advance our 2030 renewable electricity goals. As a public benefit corporation committed to balancing the needs of our business with those of society and the planet, we truly believe that this agreement makes sense from both a business and sustainability point of view. We’re delighted to be working with Enel Green Power to expand their High Lonesome wind farm and grow the renewable electricity infrastructure, such as New York’s biggest offshore wind projects, here in the US.”

In addition, as more US wind projects come online, such as TransAlta’s 119 MW project, the energy produced by a 295 MW portion of the project will be hedged under a Proxy Revenue Swap (PRS) with insurer Allianz Global Corporate & Specialty, Inc.'s Alternative Risk Transfer unit (Allianz), and Nephila Climate, a provider of weather and climate risk management products. The PRS is a financial derivative agreement designed to produce stable revenues for the project regardless of power price fluctuations and weather-driven intermittency, hedging the project from this kind of risk in addition to that associated with price and volume.

Under the PRS agreement, and as other projects begin operations, like Building Energy’s latest plant, High Lonesome will receive fixed payments based on the expected value of future energy production, with adjustments paid depending on how the realized proxy revenue of the project differs from the fixed payment. The PRS for High Lonesome, which is the largest by capacity for a single plant globally and the first agreement of its kind for Enel, was executed in collaboration with REsurety, Inc.

The investment in the construction of the 500 MW plant amounts to around 720 million US dollars. The wind farm is due to generate around 1.9 TWh annually, comparable to a 280 MW Alberta wind farm’s output, while avoiding the emission of more than 1.2 million tons of CO2 per year.

 

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PG&E says power lines may have started 2 California fires

PG&E Wildfire Blackouts highlight California power shutoffs as high winds and suspected transmission line faults trigger evacuations, CPUC investigations, and grid safety reviews, with utilities weighing risk, compliance, and resilience during Santa Ana conditions.

 

Key Points

PG&E Wildfire Blackouts are outages during wind-driven fire threats linked to power lines, spurring CPUC investigations.

✅ Wind and line faults suspected amid Lafayette evacuations

✅ CPUC to probe shutoffs, notifications, and compliance

✅ Utilities plan more outages as Santa Ana winds return

 

Pacific Gas & Electric Co. power lines may have started two wildfires over the weekend in the San Francisco Bay Area, the utility said Monday, even though widespread blackouts were in place to prevent downed lines from starting fires during dangerously windy weather.

The fires described in PG&E reports to state regulators match blazes that destroyed a tennis club and forced evacuations in Lafayette, about 20 miles (32 kilometres) east of San Francisco.

The fires began in a section of town where PG&E had opted to keep the lights on. The sites were not designated as a high fire risk, the company said.

Powerful winds were driving multiple fires across California and forcing power shut-offs intended to prevent blazes, even as electricity prices are soaring across the state as well.

More than 900,000 power customers -- an estimated 2.5 million people -- were in the dark at the height of the latest planned blackout, nearly all of them in PG&E's territory in Northern and central California. By Monday evening a little less than half of those had their service back. But some 1.5 million people in 29 counties will be hit with more shut-offs starting Tuesday because another round of strong winds is expected, a reminder of grid stress during heat waves that test capacity, the utility said.

Southern California Edison had cut off power to 25,000 customers and warned that it was considering disconnecting about 350,000 more as power supply lapses and Santa Ana winds return midweek.

PG&E is under severe financial pressure after its equipment was blamed for a series of destructive wildfires and its 2018 Camp Fire guilty plea compounded liabilities during the past three years. Its stock dropped 24% Monday to close at $3.80 and was down more than 50% since Thursday.

The company reported last week that a transmission tower may have caused a Sonoma County fire that has forced 156,000 people to evacuate.

PG&E told the California Public Utilities Commission that a worker responded to a fire in Lafayette late Sunday afternoon and was told firefighters believed contact between a power line and a communication line may have caused it.

A worker went to another fire about an hour later and saw a fallen pole and transformer. Contra Costa Fire Department personnel on site told the worker they were looking at the transformer as a potential ignition source, a company official wrote.

Separately, the company told regulators that it had failed to notify 23,000 customers, including 500 with medical conditions, before shutting off their power earlier this month during windy weather.

Before a planned blackout, power companies are required to notify customers and take extra care to get in touch with those with medical problems who may not be able to handle extended periods without air conditioning or may need power to run medical devices.

PG&E said some customers had no contact information on file. Others were incorrectly thought to be getting electricity.

After that outage, workers discovered 43 cases of wind-related damage to power lines, transformers and other equipment.

Jennifer Robison, a PG&E spokeswoman, said the company is working with independent living centres to determine how best to serve people with disabilities.

The company faced a growing backlash from regulators and lawmakers, and a judge's order on wildfire risk spending added pressure as well.

U.S. Rep. Josh Harder, a Democrat from Modesto, said he plans to introduce legislation that would raise PG&E's taxes if it pays bonuses to executives while engaging in blackouts.

The Public Utilities Commission plans to open a formal investigation into the blackouts and the broader climate policy debate surrounding reliability within the next month, allowing regulators to gather evidence and question utility officials. If rules are found to be broken, they can impose fines up to $100,000 per violation per day, said Terrie Prosper, a spokeswoman for the commission.

The commission said Monday it also plans to review the rules governing blackouts, will look to prevent utilities from charging customers when the power is off and will convene experts to find grid improvements that might lessen blackouts during next year's fire season, as debates over rate stability in 2025 continue across PG&E's service area.

The state can't continue experiencing such widespread blackouts, "nor should Californians be subject to the poor execution that PG&E in particular has exhibited," Marybel Batjer, president of the California Public Utilities Commission, said in a statement.

 

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Ontario Breaks Ground on First Small Modular Nuclear Reactor

Ontario SMR BWRX-300 leads Canada in next-gen nuclear energy at Darlington, with GE Vernova and Hitachi, delivering clean, reliable power via modular design, passive safety, scalability, and lower costs for grid integration.

 

Key Points

Ontario SMR BWRX-300 is a 300 MW modular boiling water reactor at Darlington with passive safety and clean power.

✅ 300 MW BWR supplies power for about 300,000 homes

✅ Passive safety enables safe shutdown without external power

✅ Modular design reduces costs and speeds grid integration

 

Ontario has initiated the construction of Canada's first small modular nuclear reactor (SMR), supported by OPG's SMR commitment to deployment, marking a significant milestone in the province's energy strategy. This development positions Ontario at the forefront of next-generation nuclear technology within the G7 nations.

The project, known as the Darlington New Nuclear Project, is being led by Ontario Power Generation (OPG) in collaboration with GE Vernova and Hitachi Nuclear Energy, and through its OPG-TVA partnership on new nuclear technology development. The chosen design is the BWRX-300, a 300-megawatt boiling water reactor that is approximately one-tenth the size and complexity of traditional nuclear reactors. The first unit is expected to be operational by 2029, with plans for additional units to follow.

Each BWRX-300 reactor is projected to supply electricity to about 300,000 homes, contributing to Ontario's efforts, which include the decision to refurbish Pickering B for additional baseload capacity, to meet the anticipated 75% increase in electricity demand by 2050. The compact design of the SMR allows for easier integration into existing infrastructure, reducing the need for extensive new transmission lines.

The economic impact of the project is substantial. The construction of four such reactors is expected to create up to 18,000 jobs and contribute approximately $38.5 billion CAD to the Canadian economy, reflecting the economic benefits of nuclear projects over 65 years. The modular nature of SMRs also allows for scalability, with each additional unit potentially reducing costs through economies of scale.

Safety is a paramount consideration in the design of the BWRX-300. The reactor employs passive safety features, meaning it can safely shut down without the need for external power or operator intervention. This design enhances the reactor's resilience to potential emergencies, aligning with stringent regulatory standards.

Ontario's commitment to nuclear energy is further demonstrated by its plans for four SMRs at the Darlington site. This initiative reflects a broader strategy to diversify the province's energy mix, incorporating clean and reliable power sources to complement renewable energy efforts.

While the development of SMRs in Ontario is a significant step forward, it also aligns with the Canadian nuclear initiative positioning Canada as a leader in the global nuclear energy landscape. The successful implementation of the BWRX-300 could serve as a model for other nations exploring advanced nuclear technologies.

Ontario's groundbreaking work on small modular nuclear reactors represents a forward-thinking approach to energy generation. By embracing innovative technologies, the province is not only addressing future energy demands but also, through the Pickering NGS life extension, contributing to the global transition towards sustainable and secure energy solutions.

 

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Why an energy crisis and $5 gas aren't spurring a green revolution

U.S. Energy Transition Delays stem from grid bottlenecks, permitting red tape, solar tariff uncertainty, supply-chain shocks, and scarce affordable EVs, risking deeper fossil fuel lock-in despite climate targets for renewables, transmission expansion, and decarbonization.

 

Key Points

Delays driven by grid limits, permitting, and supply shocks that slow renewables, transmission, EVs, and decarbonization.

✅ Grid interconnection and transmission backlogs stall renewables

✅ Tariff probes and supply chains disrupt utility-scale solar

✅ Permitting, policy gaps, and EV costs sustain fossil fuel use

 

Big solar projects are facing major delays. Plans to adapt the grid to clean energy are confronting mountains of red tape. Affordable electric vehicles are in short supply.

The United States is struggling to squeeze opportunity out of an energy crisis that should have been a catalyst for cleaner, domestically produced power. After decades of putting the climate on the back burner, the country is finding itself unprepared to seize the moment and at risk of emerging from the crisis even more reliant on fossil fuels.

10 steps you can take to lower your carbon footprint
The problem is not entirely unique to the United States. Across the globe, climate leaders are warning that energy shortages including coal and nuclear disruptions prompted by Russia’s unprovoked invasion of Ukraine and high gas prices driven by inflation threaten to make the energy transition an afterthought — potentially thwarting efforts to keep global temperature rise under 1.5 degrees Celsius.

“The energy crisis exacerbated by the war in Ukraine has seen a perilous doubling down on fossil fuels by the major economies,” U.N. Secretary General António Guterres said at a conference in Vienna on Tuesday, according to prepared remarks. He warned governments and investors that a failure to immediately and more aggressively embrace clean energy could be disastrous for the planet.

U.S. climate envoy John F. Kerry suggested that nations are falling prey to a flawed logic that fossil fuels will help them weather this period of instability, undermining U.S. national security and climate goals, which has seen gas prices climb to a record-high national average of $5 per gallon. “You have this new revisionism suggesting that we have to be pumping oil like crazy, and we have to be moving into long-term [fossil fuel] infrastructure building,” he said at the Time100 Summit in New York this month. “We have to push back.”

Climate envoy John F. Kerry attends the Summit of the Americas in Los Angeles on June 8. Kerry has criticized the tendency to turn toward fossil fuels in times of uncertainty. (Apu Gomes/AFP/Getty Images)
In the United States — the world’s second-largest emitter of greenhouse gases after China — the hurdles go beyond the supply-chain crisis and sanctions linked to the war in Ukraine. The country’s lofty goals for all carbon pollution to be gone from the electricity sector by 2035 and for half the cars sold to be electric by 2030 are jeopardized by years of neglect of the electrical grid, regulatory hurdles that have set projects back years, and failures by Congress and policymakers to plan ahead.
The challenges are further compounded by plans to build costly new infrastructure for drilling and exporting natural gas that will make it even harder to transition away from the fossil fuel.

“We are running into structural challenges preventing consumers and businesses from going cleaner, even at this time of high oil and gas prices,” said Paul Bledsoe, a climate adviser in the Clinton administration who now works on strategy at the Progressive Policy Institute, a center-left think tank. “It is a little alarming that even now, Congress is barely talking about clean energy.”

Consumers are eager for more wind and solar. Companies looking to go carbon-neutral are facing growing waitlists for access to green energy, and a Pew Research Center poll in late January found that two-thirds of Americans want the United States to prioritize alternative energy over fossil fuel production.

But lawmakers have balked for more than a decade at making most of the fundamental economic and policy changes such as a clean electricity standard that experts widely agree are crucial to an orderly and accelerated energy transition. The United States does not have a tax on carbon, nor a national cap-and-trade program that would reorient markets toward lowering emissions. The unraveling in Congress of President Biden’s $1.75 trillion Build Back Better plan has added to the head winds that green-energy developers face, even as climate law results remain mixed.

Vice President Harris tours electric school buses at Meridian High School in Falls Church, Va., on May 20. (Mandel Ngan/AFP/Getty Images)
“There is literally nothing pushing this forward in the U.S. beyond the tax code and some state laws,” said Heather Zichal, a former White House climate adviser who is now the chief executive of the American Clean Power Association.

The effects of the U.S. government’s halting approach are being felt by solar-panel installers, who saw the number of projects in the most recent quarter fall to the lowest level since the pandemic began. There was 24 percent less solar installed in the first quarter of 2022 than in the same quarter of 2021.

The holdup largely stems from a Commerce Department investigation into alleged tariff-dodging by Chinese manufacturers. Faced with the potential for steep retroactive penalties, hundreds of industrial-scale solar projects were frozen in early April. Weak federal policies to encourage investment in solar manufacturing left American companies ill-equipped to fill the void.

“We shut down multiple projects and had to lay off dozens of people,” said George Hershman, chief executive of SOLV Energy, which specializes in large solar installations. SOLV, like dozens of other solar companies, is now scrambling to reassemble those projects after the administration announced a pause of the tariffs.

Meanwhile, adding clean electricity to the aging power grid has become an increasingly complicated undertaking, given the failure to plan for adequate transmission lines and long delays connecting viable wind and solar projects to the electricity network.

 

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Reliability of power winter supply puts Newfoundland 'at mercy of weather': report

Labrador Island Link Reliability faces scrutiny as Nalcor Energy and General Electric address software issues; Liberty Consulting warns of Holyrood risks, winter outages, grid stability concerns, and PUB oversight for Newfoundland and Labrador.

 

Key Points

It is the expected dependability of the link this winter, currently uncertain due to GE software and Holyrood risks.

✅ GE software delays may hinder reliable in-service by mid-November.

✅ Holyrood performance issues increase winter outage risk.

✅ PUB directs Hydro to plan contingencies and improve assets.

 

An independent consultant is questioning if the brand new Labrador Island link can be counted on to supply power to Newfoundland this coming winter.

In June, Nalcor Energy confirmed it had successfully sent power from Churchill Falls to the Avalon Peninsula through its more than 1500-kilometre link, but now the Liberty Consulting Group says it doesn't expect the link will be up and running consistently this winter.

"What we have learned supports a conclusion that the Labrador Island Link is unlikely to be reliably in commercial operation at the start of the winter," says the report dated Aug. 30, 2018.

The link relies on software provided by General Electric but Liberty says there are lingering questions about GE's ability to ensure the necessary software will be in place this fall.

"At an August meeting, company representatives did not express confidence in GE's ability to meet an in-service date for the Labrador Island Link of mid-November," says the report.

Liberty also says testing the link for a brief period this spring and fall doesn't demonstrate long-term reliability.

"The link will remain prone to the uncertainties any new major facility faces early in its operating life, especially one involving technology new to the operating company," according to the report.

Holyrood trouble

The report goes on to say island residents should also be worried about the reliability of the troubled Holyrood facility — a facility that's important when demand for energy is high during winter months.

Liberty says "poor performance at the Holyrood thermal generating station increases the risk of outages considerably."

The group's report concludes the deteriorating condition of Holyrood is a major threat to the island's power supply and Liberty says that threat "could produce very severe consequences when the Labrador Island Link is unavailable."

The consultant says questions about the Labrador Island Link's readiness combined with concerns about the reliability of Holyrood may mean power outages, and for vulnerable customers, debates over hydro disconnections policies often intensify during winter.

"This all suggests that, for at least part of this winter, the island interconnected system may be at the mercy of the weather, where severe events can test utilities' storm response efforts further."

The consultant's report also includes five recommendations to the PUB, reflecting the kind of focused nuclear alert investigation follow-up seen elsewhere.

In essence, Liberty is calling for the board to direct Newfoundland and Labrador Hydro to make plans for the possibility that the link won't be available this winter. It's also calling on hydro to do more to improve the reliability of its other assets, such as Holyrood, as some operators have even contemplated locking down key staff to maintain operations during crises.

Response to Liberty's report

Nalcor CEO Stan Marshall defended the Crown corporation's winter preparedness in an email statement to CBC.

"The right level of planning and investment has been made for our existing equipment so we can continue to meet all of our customer electricity needs for this coming winter season," he wrote.

Regarding the Labrador Island Link, Marshall called for patience.

"This is new technology for our province and integrating the new transmission assets into our current electricity system is complex work that takes time," he said.

There is also a more detailed response from Newfoundland and Labrador Hydro which was sent to the province's Public Utiltiies Board.

Hydro says it will keep testing the Labrador Island Link and increasing the megawatts that are wheeled through it. It also says in October it will begin to give the PUB regular reports on the link's anticipated in-service date.

 

 

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US NRC issues final safety evaluation for NuScale SMR

NuScale SMR Design Certification marks NRC Phase 6 FSER approval, validating small modular reactor safety and design review, enabling UAMPS deployment at Idaho National Laboratory and advancing DOE partnerships and Canadian vendor assessments.

 

Key Points

It is the NRC FSER approval confirming NuScale SMR safety design, enabling licensed deployment and vendor reviews.

✅ NRC Phase 6 FSER concludes design certification review

✅ Valid 15 years; enables site-independent licensing

✅ 60 MW modules, up to 12 per plant; UAMPS project at Idaho National Laboratory

 

US-based NuScale Power announced on 28 August that the US Nuclear Regulatory Commission (NRC) had completed Phase 6 review—the last and final phase—of the Design Certification Application (DCA) for its small modular reactor (SMR) with the issuance of the Final Safety Evaluation Report (FSER).

The FSER represents completion of the technical review and approval of the NuScale SMR design. With this final phase of NuScale’s DCA now complete, customers can proceed with plans to develop NuScale power plants as Ontario breaks ground on first SMR projects advance, with the understanding that the NRC has approved the safety aspects of the NuScale design.

“This is a significant milestone not only for NuScale, but also for the entire US nuclear sector and the other advanced nuclear technologies that will follow,” said NuScale chairman and CEO John Hopkins.

“The approval of NuScale’s design is an incredible accomplishment and we would like to extend our deepest thanks to the NRC for their comprehensive review, to the US Department of Energy (DOE) for its continued commitment to our successful private-public partnership to bring the country’s first SMR to market, and to the many other individuals who have dedicated countless hours to make this extraordinary moment a reality,” he added. “Additionally, the cost-shared funding provided by Congress over the past several years has accelerated NuScale’s advancement through the NRC Design Certification process.”

NuScale’s design certification application was accepted by the NRC in March 2017. NuScale spent over $500 million, with the backing of Fluor, and over 2 million hours to develop the information needed to prepare its DCA application, an effort that, similar to Rolls-Royce’s MoU with Exelon, underscores private-sector engagement to advance nuclear innovation. The company also submitted 14 separate Topical Reports in addition to the over 12,000 pages for its DCA application and provided more than 2 million pages of supporting information for NRC audits.

NuScale’s SMR is a fully factory-fabricated, 60MW power module based on pressurised water reactor technology. The scalable design means a power plant can house up to 12 individual power modules, and jurisdictions like Ontario have announced plans for four SMRs at Darlington to leverage modularity.

The NuScale design is so far the only small modular reactor to undergo a design certification review by the NRC, while in the UK UK approval for Rolls-Royce SMR is expected by mid-2024, signaling parallel regulatory progress. The design certification process addresses the various safety issues associated with the proposed nuclear power plant design, independent of a specific site and is valid for 15 years from the date of issuance.

NuScale's first customer, Utah Associated Municipal Power Systems (UAMPS), is planning a 12-module SMR plant at a site at the Idaho National Laboratory as efforts like TerraPower's molten-salt mini-reactor advance in parallel. Construction was scheduled to start in 2023, with the first module expected to begin operation in 2026. However, UAMPS has informed NuScale it needs to push back the timeline for operation of the first module from 2026 to 2029, the Washington Examiner reported on 24 August.

The NuScale SMR is also undergoing a vendor design review with the Canadian Nuclear Safety Commission, amid provincial activity such as New Brunswick's SMR debate that highlights domestic interest. NuScale has signed agreements with entities in the USA, Canada, Romania, the Czech Republic, and Jordan.

 

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