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Site C Dam Court Ruling could halt hydroelectric project near Fort St. John, as First Nations cite Treaty 8 rights in B.C. Supreme Court against BC Hydro, reservoir flooding, and Peace River Valley impacts.

Key Points

Potential B.C. Supreme Court stop to Site C, grounded in Treaty 8 rights claims by First Nations against BC Hydro.

✅ Trial expected in 2022 before planned 2023 reservoir flooding

✅ Treaty 8 rights and Peace River Valley impacts at issue

✅ Talks ongoing among B.C., BC Hydro, West Moberly, Prophet River

The Site C dam could still be stopped by an "eleventh hour" court ruling, according to the lawyer representing B.C. First Nations opposed to the massive hydroelectric project near Fort St. John.

The B.C. government, BC Hydro and West Moberly and Prophet River First Nations were in B.C. Supreme Court Feb. 28 to set a 120-day trial, expected to begin in March 2022.

That date means a ruling would come prior to the scheduled flooding of the dam's reservoir area in 2023 said Tim Thielmann, legal counsel for the West Moberly First Nation.

"The court has left itself the opportunity for an eleventh hour cancellation of the project," he said.

Construction continues

At the core of the case is First Nations arguments the multi-billion dollar BC Hydro dam will cause irreparable harm to its territory and way of life — even as drought strains hydro production elsewhere — rights protected under Treaty 8.

The West Moberly have previously warned it believes Site C constitutes a $1 billion treaty violation.

​In 2018, the First Nations lost a bid for an injunction order, meaning construction of the dam is continuing despite warnings that delays could cost $600 million to the project.

First Nations 'deeply frustrated' after B.C. Supreme Court dismisses Site C injunction

The judge in the case said the ruling was made because if the First Nations lost the challenge, the project would be needlessly put into disarray.

Province, Nations enter talks to avoid litigation

Also this week the B.C. government announced it has entered into talks with BC Hydro and the two First Nations in an attempt to avoid the court process altogether, amid broader energy debates such as bridging the Alberta-B.C. electricity gap for climate goals.

Thielmann said the details of the talk are confidential, but his clients are willing to pursue all avenues in order to stop the dam from moving forward.

"They are trying to save what little is left [of the Peace River Valley]", he said.

Tim Thielmann of Sage Legal is representing the West Moberly First Nation in its lawsuit aimed at stopping Site C. (Sage Legal)

In the meantime, the parties will continue to prepare for the 2022 court dates.

The latest figure on the cost of the dam is $10.7 billion, in a billions-over-budget project that the premier says will proceed. When complete, it would power the equivalent of 450,000 homes a year, though use of Site C's electricity remains a point of debate.

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CCUS in the U.S. Power Sector drives investments as DOE grants, 45Q tax credits, and EPA carbon rules spur carbon capture, geologic storage, and utilization, while debates persist over costs, transparency, reliability, and emissions safeguards.

Key Points

CCUS captures CO2 from power plants for storage or use, backed by 45Q tax credits, DOE funding, and EPA carbon rules.

✅ DOE grants and 45Q credits aim to de-risk project economics.

✅ EPA rules may require capture rates to meet emissions limits.

✅ Transparency and MRV guard against tax credit abuse.

New public and private funding, including DOE $110M for CCUS announced recently, and expected strong federal power plant emissions reduction standards have accelerated electricity sector investments in carbon capture, utilization and storage,’ or CCUS, projects but some worry it is good money thrown after bad.

CCUS separates carbon from a fossil fuel-burning power plant’s exhaust through carbon capture methods for geologic storage or use in industrial and other applications, according to the Department of Energy. Fossil fuel industry giants like Calpine and Chevron are looking to take advantage of new federal tax credits and grant funding for CCUS to manage potentially high costs in meeting power plant performance requirements, amid growing investor pressure for climate reporting, including new rules, expected from EPA soon, on reducing greenhouse gas emissions from existing power plants.

Power companies have “ambitious plans” to add CCUS to power plants, estimated to cause 25% of U.S. CO2 emissions. As a result, the power sector “needs CCUS in its toolkit,” said DOE Office of Fossil Energy and Carbon Management Assistant Secretary Brad Crabtree. Successful pilots and demonstrations “will add to investor confidence and lead to more deployment” to provide dispatchable clean energy, including emerging CO2-to-electricity approaches for power system reliability after 2030,| he added.

But environmentalists and others insist potentially cost-prohibitive CCUS infrastructure, including CO2 storage hub initiatives, must still prove itself effective under rigorous and transparent federal oversight.

“The vast majority of long-term U.S. power sector needs can be met without fossil generation, and better options are being deployed and in development,” Sierra Club Senior Advisor, Strategic Research and Development, Jeremy Fisher, said, pointing to carbon-free electricity investments gaining momentum in the market. CCUS “may be needed, but without better guardrails, power sector abuses of federal funding could lead to increased emissions and stranded fossil assets,” he added.

New DOE CCUS project grants, an increased $85 per metric ton, or tonne, federal 45Q tax credit, and the forthcoming EPA power plant carbon rules and the federal coal plan will do for CCUS what similar policies did for renewables, advocates and opponents agreed. But controversial past CCUS performance and tax credit abuses must be avoided with transparent reporting requirements for CO2 capture, opponents added.

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Earth Hour BC highlights BC Hydro data on electricity use, energy savings, and participation in the Lower Mainland and Vancouver Island amid climate change and hydroelectric power dynamics.

Key Points

BC observance tracking BC Hydro electricity use and conservation during Earth Hour, amid hydroelectric power dominance.

✅ BC Hydro reports rising electricity use during Earth Hour 2018

✅ Savings fell from 2% in 2008 to near zero province-wide

✅ Hydroelectric grid yields low GHG emissions in BC

For the first time since it began tracking electricity use in the province during Earth Hour, BC Hydro said customers used more power during the 60-minute period when lights are expected to dim, mirroring all-time high electricity demand seen recently.

The World Wildlife Fund launched Earth Hour in Sydney, Australia in 2007. Residents and businesses there turned off lights and non-essential power as a symbol to mark the importance of combating climate change.

The event was adopted in B.C. the next year and, as part of that, BC Hydro began tracking the megawatt hours saved.

#google#

In 2008, residents and businesses achieved a two per cent savings in electricity use. But since then, BC Hydro says the savings have plummeted.

The event was adopted in B.C. the next year and, as part of that, BC Hydro began tracking the megawatt hours saved.

In 2008, residents and businesses achieved a two per cent savings in electricity use. But since then, BC Hydro says the savings have plummeted, as record-breaking demand in 2021 and beyond changed consumption patterns.

Lights on

For Earth Hour this year, which took place 8:30-9:30 p.m. on March 24, BC Hydro says electricity use in the Lower Mainland increased by 0.5 per cent, even as it activated a winter payment plan to help customers manage bills. On Vancouver Island it increased 0.6 per cent.

In the province's southern Interior and northern Interior, power use remained the same during the event.

On Friday, the utility released a report called: "lights out". Why Earth Hour is dimming in BC. which explores the decline of energy savings related to Earth Hour in the province.

The WWF says the way in which hydro companies track electricity savings during Earth Hour is not an accurate measure of participation, and tracking of emerging loads like crypto mining electricity use remains opaque, and noted that more countries than ever are turning off lights for the event.

For 2018, the WWF shifted the focus of Earth Hour to the loss of wildlife across the globe.

BC Hydro says in its report that the symbolism of Earth Hour is still important to British Columbians, but almost all power generation in B.C. is hydroelectric, though recent drought conditions have required operational adjustments, and only accounts for one per cent of greenhouse gas emissions.

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OEB Hydro One Rate Decision 2023-2027 sets approved transmission and distribution rates in Ontario, with a settlement reducing revenue requirement, modest bill impacts, higher productivity factors, inflation certainty, DVA credits, and First Nations participation measures.

Key Points

OEB-approved Hydro One 2023-2027 transmission and distribution rates settlement, lowering costs and limiting bill impacts.

✅ $482.7M revenue reductions vs. original proposal

✅ Avg bill impact: +$0.69 trans., +$2.43 distr. per month

✅ Faster DVA refunds; productivity and efficiency incentives

The Ontario Energy Board (OEB) issued its Decision and Order on an application filed by Hydro One Networks Inc. (Hydro One) on August 5, 2021 seeking approval for changes to the rates it charges for electricity transmission and distribution, beginning January 1, 2023 and for each subsequent year through to December 31, 2027. 

The proceeding resulted in the filing of a settlement proposal that the OEB has now approved after concluding that it is in the public interest. 

The negotiated reductions in Hydro One's transmission and distribution revenue requirements over the 2023 to 2027 period total $482.7 million compared to the requests made by Hydro One in its application.

The OEB found that the reductions in Hydro One's proposed capital expenditure and operating, maintenance and administration costs were reasonable, and should not compromise the safety and reliability of Hydro One's transmission and distribution systems. It also concluded that the estimated bill impacts for both transmission and distribution customers are reasonable, and that the January 1, 2023 implementation and effective date of the new rates is appropriate.

In the broader Canadian context, pressures on utility finances at other companies, such as Manitoba Hydro's debt provide additional background for stakeholders.

Bill Impacts

This proceeding related to both transmission and distribution operations.

Transmission

The new transmission revenue requirement will affect Ontario electricity consumers across the province because it will be incorporated into updated transmission rates, which are paid by electricity distributors and other large consumers connected directly to the transmission system, and distributors then pass this cost on to their customers.

As a result of the settlement approved on the transmission portion of the application, it is estimated that for a typical Hydro One residential customer with a monthly consumption of 750 kWh, the total bill impact averaged over the 2023-2027 period will be an increase of $0.69 per month or 0.5%, which follows the 2021 electricity rate reductions that affected many businesses.

Distribution

The new OEB-approved distribution rates will affect Hydro One's distribution customers, including areas served through acquisitions such as the Peterborough Distribution sale which expanded its customer base.

As a result of the settlement reached on the distribution portion of the application, it is estimated that for a typical residential distribution customer of Hydro One with a monthly consumption of 750 kWh, the total bill impact averaged over the 2023-2027 period will be an increase of $2.43 per month or 1.5%.
This proceeding included 24 approved intervenors representing a wide variety of customer classes and other interests. Representatives of 18 of those intervenors participated in the settlement conference. Having this diversity of perspective enriches the already thorough examination of evidence and argument that the OEB routinely undertakes when considering an application.

Other features of the settlement proposal include:

• A commitment by Hydro One to include, in future operational and capital investment plans, a discussion of how the proposed spending will directly support the achievement of Hydro One's climate change policy.
• Eliminating further updates to reflect changes to inflation in 2022 and 2023 as originally proposed, to provide Hydro One's customers with greater certainty as to the potential impacts of inflation on their bills.
• Increases in the productivity factors and supplemental stretch factors for both the distribution and transmission business segments which will provide Hydro One with additional incentives to achieve greater efficiencies during the 2023 to 2027 period.
• Undertaking certain measures to seek economic participation or equity investment opportunities from First Nations.
• Disposition of net credit balances in deferral and variance accounts (DVAs) owed to customers will be returned over a shorter period of time:
• Transmission DVA – $22.5M over a one-year period in 2023 (versus five years)
• Distribution DVA – $85.9M over a three-year period – 2023-2025 (versus five years)
• Undertaking certain measures to continue examining cost-effective transmission and distribution line losses
• In the decision, the OEB acknowledged the efforts involved by parties to participate in this entire proceeding, including the settlement conference, considering the number of participants, the complexity of the issues, and the challenging logistics of a "virtual" proceeding. The OEB commended the parties and OEB staff for achieving a comprehensive settlement on all issues.

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Ontario Pickering Nuclear Closure will shift supply to natural gas, raising emissions as the electricity grid manages nuclear refurbishment, IESO planning, clean power imports, and new wind, solar, and storage to support electrification.

Key Points

Ontario will close Pickering and rely on natural gas, increasing emissions while other nuclear units are refurbished.

✅ 14% of Ontario electricity supplied by Pickering now

✅ Natural gas use rises; grid emissions projected up 375%

✅ IESO warns gas phaseout by 2030 risks blackouts, costs

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall with natural gas-generated power in a move that will, as an analysis of Ontario's grid shows, hike the province’s greenhouse gas emissions substantially in the coming years.

In a report released this week, a nuclear advocacy group urged Ontario to refurbish the aging facility east of Toronto, which is set to be shuttered in phases in 2024 and 2025, prompting debate over a clean energy plan after Pickering as the closure nears. The closure of Pickering, which provides 14 per cent of the province’s annual electricity supply, comes at the same time as Ontario’s other two nuclear stations are undergoing refurbishment and operating at reduced capacity.

Canadians for Nuclear Energy, which is largely funded by power workers' unions, argued closing the 50-year-old facility will result in job losses, emissions increases, heightened reliance on imported natural gas and an electricity supply gap across Ontario.

But Palmer Lockridge, spokesperson for the provincial energy minister, said further extending Pickering’s lifespan isn’t on the table.

“As previously announced in 2020, our government is supporting Ontario Power Generation’s plan to safely extend the life of the Pickering Nuclear Generating Station through the end of 2025,” said Lockridge in an emailed response to questions.

“Going forward, we are ensuring a reliable, affordable and clean electricity system for decades to come. That’s why we put a plan in place that ensures we are prepared for the emerging energy needs following the closure of Pickering, and as a result of our government’s success in growing and electrifying the province’s economy.”

The Progressive Conservative government under Premier Doug Ford has invested heavily in electrification, sinking billions into electric vehicle and battery manufacturing and industries like steel-making to retool plants to run on electricity rather than coal, and exploring new large-scale nuclear plants to bolster baseload supply.

Natural gas now provides about seven per cent of the province’s energy, a piece of the pie that will rise significantly as nuclear energy dwindles. Emissions from Ontario’s electricity grid, which is currently one of the world’s cleanest with 94 per cent zero-emission power generation, are projected to rise a whopping 375 per cent as the province turns increasingly to natural gas generation. Those increases will effectively undo a third of the hard-won emissions reductions the province achieved by phasing out coal-fired power generation.

The Independent Electricity System Operator (IESO), which manages Ontario’s grid, studied whether the province could phase out natural gas generation by 2030 and concluded that “would result in blackouts and hinder electrification” and increase average residential electricity costs by $100 per month.

The Ontario Clean Air Alliance, however, obtained draft documents from the electricity operator that showed it had studied, but not released publicly, other scenarios that involved phasing out natural gas without energy shortfalls, price hikes or increases in emissions.

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall facing Ontario with natural gas-generated power in a move that will hike the province’s greenhouse gas emissions.

One model suggested increasing carbon taxes and imports of clean energy from other provinces could keep blackouts, costs and emissions at bay, while another involved increasing energy efficiency, wind generation and storage.

“By banning gas-fired electricity exports to the U.S., importing all the Quebec water power we can with the existing transmission lines and investing in energy efficiency and wind and solar and storage — do all those things and you can phase out gas-fired power and lower our bills,” said Jack Gibbons, chair of the Ontario Clean Air Alliance.

The IESO has argued in response that the study of those scenarios was not complete and did not include many of the challenges associated with phasing out natural gas plants.

Ontario Energy Minister Todd Smith asked the IESO to develop “an achievable pathway to zero-emissions in the electricity sector and evaluate a moratorium on new-build natural gas generation stations,” said his spokesperson. That report, an early look at halting gas power, is expected in November.

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Atlantic Canada Hurricane Resilience focuses on climate change adaptation: grid hardening, burying lines, coastline resiliency to sea-level rise, mixed forests, and aggressive tree trimming to reduce outages from hurricane-force winds and post-tropical storms.

Key Points

A strategy to harden grids, protect coasts, and manage forests to limit hurricane damage across Atlantic Canada.

✅ Grid hardening and selective undergrounding to cut outage risk.

✅ Coastal defenses: seawalls, dikes, and shoreline vegetation upgrades.

✅ Mixed forests and proactive tree trimming to reduce windfall damage.

In an era when storms with hurricane-force winds are expected to keep battering Atlantic Canada, experts say the region should make major changes to electrical grids, power utilities and shoreline defences and even the types of trees being planted.

Work continues today to reconnect customers after post-tropical storm Dorian knocked out power to 80 per cent of homes and businesses in Nova Scotia. By early afternoon there were 56,000 customers without electricity in the province, compared with 400,000 at the storm's peak on the weekend, a reminder that major outages can linger long after severe weather.

Recent scientific literature says 35 hurricanes -- not including post-tropical storms like Dorian -- have made landfall in the region since 1850, an average of one every five years that underscores the value of interprovincial connections like the Maritime Link for reliability.

Heavy rains and strong winds batter Shelburne, N.S. on Saturday, Sept. 7, 2019 as Hurricane Dorian approaches, making storm safety practices crucial for residents. (Suzette Belliveau/ CTV Atlantic)

Anthony Taylor, a forest ecologist scientist with Natural Resources Canada, wrote in a recent peer-reviewed paper that climate change is expected to increase the frequency of severe hurricanes.

He says promoting more mixed forests with hardwoods would reduce the rate of destruction caused by the storms.

Erni Wiebe, former director of distribution at Manitoba Hydro, says the storms should cause Atlantic utilities to rethink their view that burying lines is too expensive and to contemplate other long-term solutions such as the Maritime Link that enhance grid resilience.

Blair Feltmate, head of the Intact Centre on Climate Change at the University of Waterloo, says Atlantic Canada should also develop standards for coastline resiliency due to predictions of rising sea levels combining with the storms, while considering how delivery rate changes influence funding timelines.

He says that would mean a more rapid refurbishing of sea walls and dike systems, along with more shoreline vegetation.

Feltmate also calls for an aggressive tree-trimming program to limit power outages that he says "will otherwise continue to plague the Maritimes," while addressing risks like copper theft through better security.

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