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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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EU Electrification Strategy 2050 outlines shifting transport, buildings, and industry to clean power, accelerating EV adoption, heat pumps, and direct electrification to meet targets, reduce emissions, and replace fossil fuels with renewables and low-carbon grids.

Key Points

EU plan to cut emissions 95% by 2050 by electrifying transport, buildings and industry with clean power.

✅ 60% of final energy from electricity by 2050

✅ EVs dominate transport; up to 63% electric share

✅ Heat pumps electrify buildings; industry to 50% direct

The European Union has one of the most ambitious carbon emission reduction goals under the global Paris Agreement on climate change – a 95% reduction by 2050.

It seems that everyone has an idea for how to get there. Some are pushing nuclear energy. Others are pushing for a complete phase-out of fossil fuels and a switch to renewables.

Today the European electricity industry came out with their own plan, amid expectations of greater electricity price volatility in Europe in the coming years. A study published today by Eurelectric, the trade body of the European power sector, concludes that the 2050 goal will not be possible without a major shift to electricity in transport, buildings and industry.

The study finds that for the EU to reach its 95% emissions reduction target, electricity needs to cover at least 60 percent of final energy consumption by 2050. This would require a 1.5 percent year-on-year growth of EU electricity use, with evidence that EVs could raise electricity demand significantly in other markets, while at the same time reducing the EU’s overall energy consumption by 1.3 percent per year.

#google#

Transport is one of the areas where electrification can deliver the most benefit, because an electric car causes far less carbon emissions than a conventional vehicle, with e-mobility emerging as a key driver of electricity demand even if that electricity is generated in a fossil fuel power plant.

In the most ambitious scenario presented by the study, up to 63 percent of total final energy consumption in transport will be electric by 2050, and some analyses suggest that mass adoption of electric cars could occur much sooner, further accelerating progress.

Building have big potential as well, according to the study, with 45 to 63 percent of buildings energy consumption could be electric in 2050 by converting to electric heat pumps. Industrial processes could technically be electrified with up to 50 percent direct electrification in 2050, according to the study. The relative competitiveness of electricity against other carbon-neutral fuels will be the critical driver for this shift, but grid carbon intensity differs across markets, such as where fossil fuels still supply a notable share of generation.

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New Brunswick Small Modular Reactors promise clean energy, jobs, and economic growth, say NB Power, ARC Nuclear, and Moltex Energy; critics cite cost overruns, nuclear waste risks, market viability, and reliance on government funding.

Key Points

Compact reactors proposed in NB to deliver low-carbon power and jobs; critics warn of costs, waste, and market risks.

✅ Promised jobs, exports, and net-zero support via NB Power partnerships

✅ Critics cite cost overruns, nuclear waste, and weak market demand

✅ Government funding pivotal; ARC and Moltex advance licensing

When Mike Holland talks about small modular nuclear reactors, he sees dollar signs.

When the Green Party hears about them, they see danger signs.

The loquacious Progressive Conservative minister of energy development recently quoted NB Power's eye-popping estimates of the potential economic impact of the reactors: thousands of jobs and a $1 billion boost to the provincial economy.

"New Brunswick is positioned to not only participate in this opportunity, but to be a world leader in the SMR field," Holland said in the legislature last month.

'Huge risk' nuclear deal could let Ontario push N.B. aside, says consultant
'Many issues' with modular nuclear reactors says environmental lawyer
Green MLAs David Coon and Kevin Arseneau responded cheekily by ticking off the Financial and Consumer Services Commission's checklist on how to spot a scam.

Is the sales pitch from a credible source? Is the windfall being promised by a reputable institution? Is the risk reasonable?

For small nuclear reactors, they said, the answer to all those questions is no. 

"The last thing we need to do is pour more public money down the nuclear-power drain," Coon said, reminding MLAs of the Point Lepreau refurbishment project that went $1 billion over budget.

The Greens aside, New Brunswick politicians have embraced small modular reactors as part of a broader premiers' nuclear initiative to develop SMR technology, which they say can both create jobs and help solve the climate crisis.

Smaller and cheaper, supporters say
They're "small" because, depending on the design, they would generate from three to 300 megawatts of electricity, less than, for example, Point Lepreau's 660 megawatts.

It's the modular design that is supposed to make them more affordable, as explained in next-gen nuclear guides, with components manufactured elsewhere, sometimes in existing factories, then shipped and assembled. 

Under Brian Gallant, the Liberals handed $10 million to two Saint John companies working on SMRs, ARC Nuclear and Moltex Energy.

Greens point to previous fiascoes
The Greens and other opponents of nuclear power fear SMRS are the latest in a long line of silver-bullet fiascoes, from the $23 million spent on the Bricklin in 1975 to $63.4 million in loans and loan guarantees to the Atcon Group a decade ago.

"It seems that [ARC and Moltex] have been targeting New Brunswick for another big handout ... because it's going to take billions of dollars to build these things, if they ever get off the drawing board," said Susan O'Donnell, a University of New Brunswick researcher.

O'Donnell, who studies technology adoption in communities, is part of a small new group called the Coalition for Responsible Energy Development formed this year to oppose SMRs.

"What we really need here is a reasonable discussion about the pros and cons of it," she said.

Government touts economic spinoffs
According to the Higgs government's throne speech last month, if New Brunswick companies can secure just one per cent of the Canadian market for small reactors, the province would see $190 million in revenue. 

The figures come from a study conducted for NB Power by University of Moncton economist Pierre-Marcel Desjardins.

But a four-page public summary does not include any sales projections and NB Power did not provide them to CBC News. 

"What we didn't see was a market analysis," O'Donnell said. "How viable is the market? … They're all based on a hypothetical market that probably doesn't exist."

O'Donnell said her group asked for the full report but was told it's confidential because it contains sensitive commercial information.

Holland said he's confident there will be buyers. 

"It won't be hard to find communities that will be looking for a cost effective, affordable, safe alternative to generate their electricity and do it in a way that emits zero emissions," he said.

SMRs come in different sizes and while some proponents talk about using "micro" reactors to provide electricity to remote northern First Nations communities, ARC and Moltex plan larger models to sell to power utilities looking to shift away from coal and gas.

"We have utilities and customers across Canada, where Ontario's first SMR groundbreaking has occurred already, across the United States, across Asia and Europe saying they desperately want a technology like this," said Moltex's Saint John-based CEO for North America Rory O'Sullivan. 

"The market is screaming for this product," he said, adding "all of the utilities" in Canada are interested in Moltex's reactors

ARC's CEO Norm Sawyer is more specific, guessing 30 per cent of his SMR sales will be in Atlantic Canada, 30 per cent in Ontario, where Darlington SMR plans are advancing, and 40 per cent in Alberta and Saskatchewan — all provincial power grids.

O'Donnell said it's an important question because without a large number of guaranteed sales, the high cost of manufacturing SMRs would make the initiative a money-loser. 

The cost of building the world's only functioning SMR, in Russia, was four times what was expected. 

An Australian government agency said initial cost estimates for such major projects "are often initially too low" and can "overrun." 

Up-front costs can be huge
University of British Columbia physicist M.V. Ramana, who has authored studies on the economics of nuclear power, said SMRs face the same financial reality as any large-scale manufacturing.

"You're going to spend a huge amount of money on the basic fixed costs" at the outset, he said, with costs per unit becoming more viable only after more units are built and sold. 

He estimates a company would have to build and sell more than 700 SMRs to break even, and said there are not enough buyers for that to happen. 

But Sawyer said those estimates don't take into account technological advances.

"A lot of what's being said ... is really based on old technology," he said, estimating ARC would be viable even if it sold an amount of reactors in the low double digits. 

O'Sullivan agrees.

"In fact, just the first one alone looks like it will still be economical," he said. "In reality, you probably need a few … but you're talking about one or two, maximum three [to make a profit] because you don't need these big factories."

'Paper designs' prove nothing, says expert
Ramana doesn't buy it. 

"These are all companies that have been started by somebody who's been in the nuclear industry for some years, has a bright idea, finds an angel investor who's given them a few million dollars," he said.

"They have a paper design, or a Power Point design. They have not built anything. They have not tested anything. To go from that point … to a design that can actually be constructed on the field is an enormous amount of work." 

Both CEOs acknowledge the skepticism about SMRs.

'The market is screaming for this product,' said Moltex’s Saint John-based CEO for North America, Rory O’Sullivan. (Brian Chisholm, CBC)
"I understand New Brunswick has had its share of good investments and its share of what we consider questionable investments," said Sawyer, who grew up in Rexton.

But he said ARC's SMR is based on a long-proven technology and is far past the on-paper design stage "so you reduce the risk." 

Moltex is now completing the first phase of the Canadian Nuclear Safety Commission's review of its design, a major hurdle. ARC completed that phase last year.

But, Ramana said there are problems with both designs. Moltex's molten salt model has had "huge technical challenges" elsewhere while ARC's sodium-cooled system has encountered "operational difficulties."

Ottawa says nuclear is needed for climate goals
The most compelling argument for looking at SMRs may be Ottawa's climate change goals, and international moves like the U.K.'s green industrial revolution plan point to broader momentum.  

The national climate plan requires NB Power to phase out burning coal at its Belledune generating station by 2030. It's scrambling to find a replacement source of electricity.

The Trudeau government's throne speech in October promised to "support investments in renewable energy and next-generation clean energy and technology solutions."

And federal Natural Resources Minister Seamus O'Regan told CBC earlier this year that he's "very excited" about SMRs and has called nuclear key to climate goals in Canada as well.

"We have not seen a model where we can get to net-zero emissions by 2050 without nuclear,"  he said.

O'Donnell said while nuclear power doesn't emit greenhouse gases, it's hardly a clean technology because of the spent nuclear fuel waste. 

Government support is key 
She also wonders why, if SMRs make so much sense, ARC and Moltex are relying so much on government money rather than private capital.

Holland said "the vast majority" of funding for the two companies "has to come from private sector investments, who will be very careful to make sure they get a return on that investment."

Sawyer said ARC has three dollars for every dollar it has received from the province, and General Electric has a minority ownership stake in its U.S.-based parent company.

O'Sullivan said Moltex has attracted $5 million from a European engineering firm and $6 million from "the first-ever nuclear crowdfunding campaign." 

But he said for new technologies, including nuclear power, "you need government to show policy support.

"Nuclear technology has always been developed by governments around the world. This is a very new change to have an industry come in and lead this, so private investors can't take the risk to do that on their own," he said. 

So far, Ottawa hasn't put up any funding for ARC or Moltex. During the provincial election campaign, Higgs implied federal money was imminent, but there's been no announcement in the almost three months since then.

Last month the federal government announced $20 million for Terrestrial Energy, an Ontario company working on SMRs, alongside OPG's commitment to SMRs in the province, underscoring momentum.

"We know we have the best technology pitch," O'Sullivan said. "There's others that are slightly more advanced than us, but we have the best overall proposition and we think that's going to win out at the end of the day."

But O'Donnell said her group plans to continue asking questions about SMRs. 

"I think what we really need is to have an honest conversation about what these are so that New Brunswickers can have all the facts on the table," she said.

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GE Wind Turbine Collapse Brazil raises safety concerns at Omega Energia's Delta VI wind farm in Maranhe3o, with GE Renewable Energy probing root-cause of turbine failure after a worker injury and similar incidents in 2024.

Key Points

An SEO focus on the Brazil GE turbine collapse, its causes, safety investigation, and related 2024 incidents.

✅ Incident at Omega Energia's Delta VI, Maranhao; one worker injured

✅ GE Renewable Energy conducts root-cause investigation and containment

✅ Fifth GE turbine collapse in 2024 across Brazil and the United States

A GE Renewable Energy turbine collapsed at a wind farm in north-east Brazil, injuring a worker and sparking a probe into the fifth such incident this year, the manufacturer confirmed.

One of the manufacturer’s GE 2.72-116 turbines collapsed at Omega Energia’s Delta VI project in Maranhão, which was commissioned in 2018.

Three GE employees were on site at the time of the collapse on Tuesday (3 September), the US manufacturer confirmed, even as U.S. offshore wind developers signal growing competitiveness with gas. 

One worker was injured and is currently receiving medical treatment, GE added.

"We are working to determine the root cause of this incident and to provide proper support as needed," it said

The turbine collapse in Brazil is the fifth such incident involving GE turbines this year, even as the UK's biggest offshore windfarm begins power supply this week, underscoring broader sector momentum.

On 16 February, a turbine collapsed at NextEra Energy Resources’ Casa Mesa wind farm in New Mexico, US, while giant wind components were being transported to a project in Saskatchewan, Canada. The site uses GE’s 2.3-116 and 2.5-127 models.

The New Mexico incident was followed by another collapse in the US — as a Scottish North Sea wind farm resumed construction after Covid-19 — this time a GE 2.4-107 unit at Tradewind Energy’s Chisholm View 2 project in Oklahoma on 21 May.

Two GE turbines then collapsed at projects in July: a 2.5-116 unit at Invenergy’s Upstreamwind farm in Nebraska on 5 July, followed by a 1.7-103 model at the Actis Group-owned Ventos de São Clemente complex in Pernambuco, north-eastern Brazil, even as tidal power in Scotland generated enough electricity to power nearly 4,000 homes.

No employees were injured in the first four turbine collapses of the year, in contrast with concerns at a Hawaii geothermal plant over potential meltdown risk.

In response to the latest incident, GE Renewable Energy added: "It is too early to speculate about the root cause of this week’s turbine collapse.

"Based on our learnings from the previous turbine collapses, we have teams in place focused on containing and resolving these issues quickly, to ensure the safe and reliable operation of our turbines."

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Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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Canada Oil and Gas Emissions Cap sets five-year targets to cut sector emissions toward net-zero by 2050, alongside an EV mandate, carbon pricing signals, and support for carbon capture, clean energy jobs, climate policy.

Key Points

A federal policy to regulate and reduce oil and gas emissions via 5-year targets, reaching net-zero by 2050.

✅ Regulated 5-year milestones to cut oil and gas emissions to net-zero by 2050

✅ Interim EV mandate: 50% by 2030; 100% zero-emission sales by 2035

✅ $2B fund for clean energy jobs in oil- and gas-reliant communities

Liberal Leader Justin Trudeau vowed to regulate total emissions from Canada’s oil and gas producers as he laid out his first major climate change promises of the campaign Sunday, a plan that was welcomed by several environmental and climate organizations.

Trudeau said that if re-elected, the Liberals will set out regulated five-year targets for emissions from oil and gas production to get them to net-zero emissions by 2050, a goal that, according to an IEA report will require more electricity, but also create a $2 billion fund to create jobs in oil and gas-reliant communities in Alberta, Saskatchewan and Newfoundland and Labrador.

“Let’s be realistic, over a quarter of Canada’s emissions come from our oil and gas sector. We need the leadership of these industries to decarbonize our country,” Trudeau said.

“That’s why we’ll make sure oil and gas emissions don’t increase and instead go down with achievable milestones,” while ensuring local economies can prosper.“

The Liberals are also introducing an interim electric vehicle mandate, which will require half the cars sold in Canada to be zero-emission by 2030, and because cleaning up electricity is critical to meeting climate pledges, the policy pairs with power-sector decarbonization, ahead of the final mandated target of 100 per cent by 2035.

Trudeau spoke in Cambridge, Ont., where protesters once again made an appearance amid a visible police presence. Officers carried one woman off the property when she refused to leave when asked.

Trudeau alluded to the protesters and their actions, which included sounding sirens and chanting expletives, as he defended his government’s record on climate change including progress in the electricity sector nationally, and touted its new plan.

“Sirens in the background may remind us that this is a climate emergency. That’s why we will move faster and be bolder,” he said.

Canada’s largest oilsands producers have already committed to reaching net zero greenhouse gas emissions by 2050, but the policy proposed Sunday “calls the oil companies’ bluff” by making those goals a legislated requirement, said Keith Stewart, senior energy strategist with Greenpeace Canada.

The new timeline for electric vehicles also “sends a clear signal to auto companies to get cracking (and build them here),” he said on Twitter, even as proposals like a fully renewable grid by 2030 are debated today. “We’d like to see this happen faster but the shift away from voluntary targets to requirements is big.”

Merran Smith, executive director of Clean Energy Canada, a climate program at Simon Fraser University, said clean electricity, clean transportation and “phasing out oil and gas with accountable milestones” must be key priorities over the next decade, aligning with Canada’s race to net-zero and the role of renewable energy.

“Today’s announcement, which checks all of these boxes, is not just good ambition_it’s good policy. Policy that will drive down carbon pollution and drive up clean job growth and economic competitiveness. It is policy that will drive Canada forward with cleaner cars, power Canada with clean electricity, and invest in businesses that will last such as battery manufacturing, electric vehicle manufacturing and low carbon steel,” Smith said in an email.

Michael Bernstein, executive director of the climate policy organization Clean Prosperity, said the promises laid out Sunday offer a “strong boost” to the federal government’s previous climate commitments.

He said the organization prefers market incentives such as carbon pricing, that spur innovation over further regulation. But since the largest oilsands companies have already committed to reaching net-zero emissions, he said the newly unveiled policy could provide some support.

“ First, I would encourage the Liberal Party to release independent modelling showing the types of emissions reductions they expect to achieve with their new package of policies. Second, many policies are referred to in general terms so I hope the Liberal Party will provide further details in the coming days,” he said.

“Finally, the document does not specifically mention carbon capture or carbon dioxide removal technologies but both technologies will be critical to achieve some of the pledges in today’s announcement, especially reaching net-zero emissions in the oil a gas sector.”

NDP Leader Jagmeet Singh painted the announcement as the latest in a string of “empty promises” from the Liberals on climate change, saying Canada has the highest increase in greenhouse gas emissions among all G7 countries, and that provinces like B.C. risk missing 2050 targets as well, he argued.

“Climate targets mean nothing when you don’t act on them. We can’t afford more of Justin Trudeau’s empty words on climate change,” he said in a statement.

The Trudeau Liberals submitted new targets to the United Nations in July, promising that Canada will curb emissions by 40 to 45 per cent from 2005 levels by 2030, building on the net-zero by 2050 plan announced earlier, officials say.

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