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COVID-19 Impact on US Electric Grid: utilities, ERCOT, PJM, and MISO brace for load shifts as remote work rises, industrial demand falls, and nuclear plants enforce pandemic planning to maintain reliability and resilience.

Key Points

Pandemic-driven changes in electricity demand and operations as utilities shift to remote work and reduced industrial use.

✅ Utilities enact remote work and suspend disconnections

✅ Grid operators model load shifts and maintain reliability

✅ Nuclear plants sustain operations with pandemic protocols

Operators of the nation's electric grid and energy companies are bracing for the spread of a virus that is undercutting power demand in countries across Asia and Europe as daily activities grind to a halt.

Owners of U.S. utilities and nuclear plants are canceling events, halting travel, pushing remote work and testing ill workers to slow the spread of the novel coronavirus.

So far, grid operators in the United States say no substantial effect on the electricity demand has emerged, but that could change, even though some reports indicate the U.S. grid is safe for now amid COVID-19. Texas' main grid operator, the Electric Reliability Council of Texas (ERCOT), expressed uncertainty when asked whether it will see changes in demand patterns for power due to the virus.

"It's too early to tell," Leslie Sopko, a spokeswoman for ERCOT, said in an email.

The virus has already taken a toll on power demand overseas. The chairman of Japan's federation of electric utilities and president of Chubu Electric Power Co., Satoru Katsuno, told reporters Friday the country's power demand has weakened as industrial activity slows due to the outbreak, according to Reuters.

The news outlet similarly reported China's industrial power demand this year may decline as the virus curtailed factory output and prevented some employees from returning to work. And, according to Bloomberg, power use in Italy slumped 7.4% last week after the government there shut down schools and told workers to remain home, while Ontario electricity demand also declined as people stayed home.

U.S. utility executives said the sector is well prepared and has faced the threat of spreading infections before. More than a decade ago, global virus scares like SARS pushed companies to hammer out extensive disaster planning, and those have stuck.

"A lot of the foundational work on contingency planning is actually rooted in pandemic planning because of those experiences in the mid-2000s," Scott Aaronson, the Edison Electric Institute's vice president of security and preparedness, told E&E News. "There is a good body of work and a lot of planning and exercises that have gone into being able to operate through these challenges."

Keeping the nation's electric grid running is a top priority at the Department of Energy, said Chris Fall, the agency's point person for COVID-19, which the new coronavirus causes. "Our responsibility is to make sure the electrical grid is resilient and working," said Fall, who directs the department's Office of Science.

He told an agency podcast, called "Direct Current," that the department is working with the private sector and other elements of the energy system. "Obviously we are connected with other agencies like Homeland Security or [the Federal Energy Regulatory Commission] on things like the electrical grid and making sure we have power, and if those people get sick or impacted, we have backups for all of that," he said.

According to a bulletin EEI released on the issue, 40% of a company's employees could be out sick, be quarantined or stay home to care for sick family members. And pandemics may prevent "traditional mutual assistance programs that help companies restore service after natural disasters and weather events," EEI said, such as restoring power in Florida after major storms.

The utility sector is also juggling the needs of its customers. Many major utilities across the nation have vowed to suspend shut-offs and keep power, heat and water on for all customers — a particular concern for people who may be out of work and cannot afford to pay their bills. Companies are also suspending disconnections for nonpayment, some under direction from officials and regulators in states like Ohio and Connecticut, while in Canada Hydro One's peak rate policy has drawn attention among self-isolating customers.

Like other businesses preparing for pandemics, utilities focus on keeping the workforce healthy and operations running. But EEI's Aaronson noted that a key difference with keeping critical infrastructure humming is the possible requirement for the sheltering in place of essential employees who are unable to do their jobs from home, as some operators contemplate locking down key staff at work sites to ensure continuity.

Grid operators are also well-equipped to handle shifts in power demand, and he acknowledged the sector could see changes as more offices and businesses move to remote working. He compared it to the load demand shifts between weekdays and weekends.

"So on the weekends, you're going to have a lot of people at home," Aaronson said. "During the week, it's people in offices. But generally speaking, the ability to have that resiliency and redundancy, the ability to shift resources and the way the grid balances, that is not going to change."

Electricity demand from high-intensity industries like manufacturing or theme parks like Disneyland could also wane, he added, even as electricity inequality in California influences who is most affected.

"It's not just a load shift to the residential, but it's also the load drop in some cases," Aaronson said. "Some of the commercial and industrial customers are going to be working a little bit less than they are presently."

Nuclear plants
Work is continuing at the Plant Vogtle nuclear construction project after Georgia Power Co. announced that one of the site workers is being tested for the coronavirus. The utility does not have the results of that test, a Georgia Power spokesman said late yesterday afternoon. The person works primarily in an office setting and is not on the construction site where two nuclear reactors are being built.

A second worker was tested Saturday, and those results were negative, spokesman John Kraft told E&E News.

Vogtle boasts a high worker count of 9,000 across the entire construction site, which includes office buildings. This is mostly craft laborers, but there are also administrators, executives and Nuclear Regulatory Commission safety inspectors.

A number of contractors and vendors are also on site given the complexity of the project.

Employees who were near the office worker being tested have been sent home until the company receives results. If the test is positive, then those workers will stay home for 14 days, Georgia Power said.

"The company is taking every action to prepare for impacts of the COVID-19 pandemic," Kraft said in a statement. This includes using advice from medical professionals and the Atlanta-based Centers for Disease Control and Prevention.

Georgia Power, owned by Atlanta-based Southern Co., informed regulators at the NRC that a worker was being tested. The federal commission itself has pandemic plans in place to ensure continued oversight, including robust work-from-home capabilities and "social distancing" practices to limit close contact among employees at headquarters.

NRC spokesman Scott Burnell said in an email that telework is not unusual for the agency, and about 75% of its workforce is already equipped to work remotely. The commission tested its telework readiness Friday. Some positions require workers to stay on-site to ensure safe reactor operations, Burnell added.

The nuclear industry has maintained pandemic preparedness plans and procedures since 2006, which have been shared with federal agencies, according to Mary Love, a spokeswoman for the Nuclear Energy Institute. "NEI members are participating in weekly calls to facilitate communications, coordination and best practices," she said.

According to NEI statistics, each plant averages 500 to 1,000 workers. While not every position is essential to operations, some areas like the control room cannot be conducted remotely.

"We know that nuclear power plant operations and the availability of electric service will be tremendously important in minimizing the impact of the situation on the general public," Love added. "We are confident, based on extensive planning, that the industry will continue to operate nuclear plants safely as this event unfolds."

Grid operators
Hundreds of workers responsible for overseeing critical operations of the U.S. electric grid are being encouraged to work from home, their offices are being sanitized, and in-person meetings are being moved online.

PJM Interconnection, the nation's largest grid operator covering some 65 million people across Mid-Atlantic and Midwest states, said Friday a forecast on load changes was not yet available.

PJM has moved all stakeholder meetings online. Employee travel has been suspended, as have external visits to its headquarters in Valley Forge, Pa.

Employees "are equipped to work remotely, if necessary, to maintain business continuity," and PJM "is prepared and able to run and support all market applications from its campus or remotely, as needed," the operator said.

"PJM recognizes that these measures have significant impacts to our staff, members and stakeholders," PJM said on its coronavirus response webpage. "We are dedicated to striking a balance between those impacts and our number one priority — the reliability of the grid."

Still pending at the operator is a decision about its annual meeting in Chicago at the beginning of May. That decision will be made by April 3, PJM said.

The Midcontinent Independent System Operator (MISO), which runs the bulk power grid across 15 states and the Canadian province of Manitoba, is also holding meetings via conference call or online and restricting all business travel.

MISO has encouraged "nonessential" employees to work remotely, leaving only those who actively monitor and manage the operation of the grid working on-site.

The grid operator employs nearly 1,000 people, including 780 at its headquarters in Carmel, Ind.

A board meeting set for the last week of March in New Orleans hasn't yet been canceled, with a final decision on whether to move forward with the meeting expected today.

MISO said it hasn't encountered other changes in normal operations and has not seen significant shifts in electricity demand.

In Texas, ERCOT has about 750 employees, mostly at its campus in the city of Taylor. ERCOT's Sopko said the grid operator is encouraging employees who are not required to be on-site to work from home. The policy is voluntary at this time, but that could change quickly, she said Friday.

ERCOT is also taking extra steps to keep workers safe, including alternating use of facilities, encouraging social distancing and imposing control room measures as part of its pandemic planning, she added.

Energy companies
In the Midwest, utilities including DTE Energy Co., Commonwealth Edison, Consumers Energy and Ameren Corp. said they're following CDC guidance and working with state and local officials to help slow the spread of the virus. That means asking employees who can do their jobs at home to do so, restricting visitors to company offices, canceling large assemblies and nonessential business travel, and holding meetings by phone or online.

Chicago-based ComEd, which serves 4 million customers, is imposing a moratorium on service disconnections and waiving new late payment charges through at least May 1, in addition to working with customers who are facing financial hardships on a case-by-case basis to establish payment arrangements and identify energy assistance options, spokesman Paul Elsberg said.

Many of the Southeast's major energy companies are also curbing travel and encouraging telework, among other steps, in response to the coronavirus.

For Southern Co., this includes its Georgia Power unit; Southern Power; and employees of Southern Company Gas, who are in Illinois, Tennessee and Virginia. Southern has not extended the policies to its Alabama and Mississippi electric companies, spokesman Schuyler Baehman said.

Charlotte, N.C.-based Duke Energy Corp. has suspended all business travel unless workers are traveling by car. The energy giant also is encouraging its employees to rethink their own vacations if upcoming trips take them out of the country.

"Circumstances are changing rapidly around the world," the company said in a statement.

For workers who must come to the office, or work at power plants or on the lines, utilities are doubling down on disinfectant in those areas.

"We're also reminding our employees that we provide a very critical service; we need you well, we need you able," said Le-Ha Anderson, a spokeswoman for Richmond, Va.-based Dominion Energy Inc.

Dominion started asking employees a few weeks ago to take mobile devices home and make sure they have what they need to work remotely. Anyone who has traveled to one of the CDC-identified hot spots is asked to stay home for 14 days with no questions asked, Anderson said.

The federally owned Tennessee Valley Authority has reviewed and updated its plans on how it will operate during a pandemic but has not yet reached the point to have employees telework if they are able to do so.

"We come at this at a very phased approach," TVA spokesman Jim Hopson said. "We can't just shut the doors."

State utility commissions, too, have begun taking steps. In response to a state of emergency declared by Ohio Gov. Mike DeWine (R), the Public Utilities Commission of Ohio on Thursday directed utilities to act where possible to avoid suspending service to customers.

Will Seuffert, executive secretary of the Minnesota Public Utilities Commission, said in an email that the regulator has canceled all public hearings and agenda meetings for the next two weeks and has been supporting telework "throughout the agency" in response to the virus.

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FERC Capacity Markets face scrutiny as GAO flags inconsistent data on resource adequacy and costs, urging performance goals, risk assessment, and better metrics across PJM, ISO-NE, NYISO, and MISO amid cost-recovery proposals.

Key Points

FERC capacity markets aim for resource adequacy, but GAO finds weak data and urges goals and performance reviews.

✅ GAO cites inconsistent data on resource adequacy and costs

✅ Calls for performance goals, metrics, and risk assessment

✅ Applies to PJM, ISO-NE, NYISO; MISO market is voluntary

Capacity markets may or may not be functioning properly, but FERC can't adequately make that determination, according to the GAO report.

"Available information on the level of resource adequacy ... and related costs in regions with and without capacity markets is not comprehensive or consistent," the report found. "Moreover, consistent data on historical trends in resource adequacy and related costs are not available for regions without capacity markets."

The review concluded that FERC collects some useful information in regions with and without capacity markets, but GAO said it "identified problems with data quality, such as inconsistent data."

GAO included three recommendations, including calling for FERC to take steps to improve the quality of data collected, and regularly assess the overall performance of capacity markets by developing goals for those assessments.

"FERC should develop and document an approach to regularly identify, assess, and respond to risks that capacity markets face," the report also recommended. The commission "has not established performance goals for capacity markets, measured progress against those goals, or used performance information to make changes to capacity markets as needed."

The recommendation comes as the agency is grappling with a controversial proposal to assure cost-recovery for struggling coal and nuclear plants in the power markets. So far, the proposal would only apply to power markets with capacity markets, including PJM Interconnection, the New England ISO, the New York ISO and possibly MISO. However MISO only has a voluntary capacity market, making it unclear how the proposed rule would be applied there. 

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Canada Clean Electricity drives a net-zero grid by 2035, scaling renewables like wind, solar, and hydro, with storage, smart grids, interprovincial transmission, and electrification of vehicles, buildings, and industry to cut emissions and costs.

Key Points

Canada Clean Electricity is a shift to a net-zero grid by 2035 using renewables, storage, and smart grids to decarbonize

✅ Doubles non-emitting generation for electrified transport and heating

✅ Expands wind, solar, hydro with storage and smart-grid balancing

✅ Builds interprovincial lines and faster permitting with Indigenous partners

By Merran Smith and Mark Zacharias

Canada is an electricity heavyweight. In addition to being the world’s sixth-largest electricity producer and third-largest electricity exporter in the global electricity market today, Canada can boast an electricity grid that is now 83 per cent emission-free, not to mention residential electricity rates that are the cheapest in the Group of Seven countries.

Indeed, on the face of it, the country’s clean electricity system appears poised for success. With an abundance of sunshine and blustery plains, Alberta and Saskatchewan, the Prairie provinces most often cited for wind and solar, have wind- and solar-power potential that rivals the best on the continent. Meanwhile, British Columbia, Manitoba, Quebec, and Newfoundland and Labrador have long excelled at generating low-cost hydro power.

So it would only be natural to assume that Canada, with this solid head start and its generous geography, is already positioned to provide enough affordable clean electricity to power our much-touted net-zero and economic ambitions.

But the reality is that Canada, like most countries, is not yet prepared for a world increasingly committed to carbon neutrality, in part because demand for solar electricity has lagged, even as overall momentum grows.

The federal government’s forthcoming Clean Electricity Standard – a policy promised by the governing Liberals during the most recent election campaign and restated for an international audience by Prime Minister Justin Trudeau at the United Nations’ COP26 climate summit – would require all electricity in the country to be net zero by 2035 nationwide, setting a new benchmark. But while that’s an encouraging start, it is by no means the end goal. Electrification – that is, hooking up our vehicles, heating systems and industry to a clean electricity grid – will require Canada to produce roughly twice as much non-emitting electricity as it does today in just under three decades.

This massive ramp-up in clean electricity will require significant investment from governments and utilities, along with their co-operation on measures and projects such as interprovincial power lines to build an electric, connected and clean system that can deliver benefits nationwide. It will require energy storage solutions, smart grids to balance supply and demand, and energy-efficient buildings and appliances to cut energy waste.

While Canada has mostly relied on large-scale hydroelectric and nuclear power in the past, newer sources of electricity such as solar, wind, geothermal, and biomass with carbon capture and storage will, in many cases, be the superior option going forward, thanks to the rapidly falling costs of such technology and shorter construction times. And yet Canada added less solar and wind generation in the past five years than all but three G20 countries – Indonesia, Russia and Saudi Arabia, with some experts calling it a solar power laggard in recent years. That will need to change, quickly.

In addition, Canada’s Constitution places electricity policy under provincial jurisdiction, which has produced a patchwork of electricity systems across the country that use different energy sources, regulatory models, and approaches to trade and collaboration. While this model has worked to date, given our low consumer rates and high power reliability, collaborative action and a cohesive vision will be needed – not just for a 100-per-cent clean grid by 2035, but for a net-zero-enabling one by 2050.

Right now, it takes too long to move a clean power project from the proposal stage to operation – and far too long if we hope to attain a clean grid by 2035 and a net-zero-enabling one by 2050. This means that federal, provincial, territorial and Indigenous governments must work with rural communities and industry stakeholders to accelerate the approvals, financing and construction of clean energy projects and provide investor certainty.

In doing so, Canada can set a course to carbon neutrality while driving job creation and economic competitiveness, a transition many analyses deem practical and profitable in the long run. Our closest trading partners and many of the world’s largest companies and investors are demanding cleaner goods. A clean grid underpins clean production, just as it underpins our climate goals.

The International Energy Agency estimates that, for the world to reach net zero by 2050, clean electricity generation worldwide must increase by more than 2.5 times between today and 2050. Countries are already plotting their energy pathways, and there is much to learn from each other.

Consider South Australia. The state currently gets 62 per cent of its electricity from wind and solar and, combined with grid-scale battery storage, has not lost a single hour of electricity in the past five years. South Australia expects 100 per cent of its electricity to come from renewable sources before 2030. An added bonus given today’s high energy prices: Annual household electricity costs have declined there by 303 Australian dollars ($276) since 2018.

The transition to clean energy is not about sacrificing our way of life – it’s about improving it. But we’ll need the power to make it happen. That work needs to start now.

Merran Smith is the executive director of Clean Energy Canada, a program at the Morris J. Wosk Centre for Dialogue at Simon Fraser University in Vancouver. Mark Zacharias is a special adviser at Clean Energy Canada and visiting professor at the Simon Fraser University School of Public Policy.

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Tesla Energy Ventures Texas enters the deregulated market as a retail electricity provider, leveraging ERCOT, battery storage, solar, and grid software to enable virtual power plants and customer energy trading with Powerwall and Megapack assets.

Key Points

Tesla Energy Ventures Texas is Tesla's retail power unit selling grid and battery energy and enabling solar exports.

✅ ERCOT retail provider; sells grid and battery-stored power

✅ Uses Powerwall/Megapack; supports virtual power plants

✅ Targets Tesla owners; enables solar export and trading

Last week, Tesla Energy Ventures, a new subsidiary of electric car maker Tesla Inc. (TSLA), filed an application to become a retail electricity provider in the state of Texas. According to reports, the company plans to sell electricity drawn from the grid to customers and from its battery storage products. Its grid transaction software may also enable customers for its solar panels to sell excess electricity back to the smart grid in Texas.1

For those who have been following Tesla's fortunes in the electric car industry, the Palo Alto, California-based company's filing may seem baffling. But the move dovetails with Tesla's overall ambitions for its renewable energy business, as utilities face federal scrutiny of climate goals and electricity rates.

Why Does Tesla Want to Become an Electricity Provider?
The simple answer to that question is that Tesla already manufactures devices that produce and store power. Examples of such devices are its electric cars, which come equipped with lithium ion batteries, and its suite of battery storage products for homes and enterprises. Selling power generated from these devices to consumers or to the grid is a logical next step.

Tesla's move will benefit its operations. The filing states that it plans to build a massive battery storage plant near its manufacturing facility in Austin. The plant will provide the company with a ready and cheap source of power to make its cars.

Tesla's filing should also be analyzed in the context of the Texas grid. The state's electricity market is fully deregulated, unlike regions debating grid privatization approaches, and generated about a quarter of its overall power from wind and solar in 2020.2 The Biden administration's aggressive push toward clean energy is only expected to increase that share.

After a February fiasco in the state grid resulted in a shutdown of renewable energy sources and skyrocketing natural gas prices, Texas committed to boosting the role of battery storage in its grid. The Electricity Reliability Council of Texas (ERCOT), the state's grid operator, has said it plans to install 3,008 MW of battery storage by the end of 2022, a steep increase from the 225 MW generated at the end of 2020.3 ERCOT's proposed increase in installation represents a massive market for Tesla's battery unit.

Tesla already has considerable experience in this arena. It has built battery storage plants in California and Australia and is building a massive battery storage unit in Houston, according to a June Bloomberg report.4 The unit is expected to service wholesale power producers. Besides this, the company plans to "drum up" business among existing customers for its batteries through an app and a website that will allow them to buy and sell power among themselves, a model also being explored by Octopus Energy in international talks.

Tesla Energy Ventures: A Future Profit Center?
Tesla's foray into becoming a retail electricity provider could boost the top line for its energy services business, even as issues like power theft in India highlight retail market challenges. In its last reported quarter, the company stated that its energy generation and storage business brought in $810 million in revenues.

Analysts have forecast a positive future for its battery storage business. Alex Potter from research firm Piper Sandler wrote last year that battery storage could bring in more than $200 billion per year in revenue and grow up to a third of the company's overall business.5

Immediately after the news was released, Morningstar analyst Travis Miller wrote that Tesla does not represent an immediate threat to other major players in Texas's retail market, where providers face strict notice obligations illustrated when NT Power was penalized for delayed disconnection notices, such as NRG Energy, Inc. (NRG) and Vistra Corp. (VST). According to him, the company will initially target its own customers to "complement" its offerings in electric cars, battery, charging, and solar panels.6

Further down the line, however, Tesla's brand name and resources may work to its advantage. "Tesla's brand name recognition gives it an advantage in a hypercompetitive market," Miller wrote, adding that the car company's entry confirmed the firm's view that consumer technology or telecom companies will try to enter retail energy markets, where policy shifts like Ontario rate reductions can shape customer expectations.

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EV Flood Fire Risks highlight climate change impacts, lithium-ion battery hazards, water damage, post-submersion inspection, first responder precautions, manufacturer safeguards, and insurance considerations for extreme weather, flood-prone areas, and hurricane aftermaths.

Key Points

Water-exposed EV lithium-ion batteries may ignite later, requiring inspection, isolation, and trained responders.

✅ Avoid driving through floodwaters; park on high ground.

✅ After submersion, isolate vehicle; seek qualified inspection.

✅ Inform first responders and insurers about EV water damage.

As climate change intensifies the frequency and severity of extreme weather events, concerns about electric vehicle (EV) safety in flood-prone areas have come to the forefront. Recent warnings from officials regarding the risks of electric vehicles catching fire due to flooding from Hurricane Idalia underscore the need for heightened awareness and preparedness among consumers and emergency responders, as well as attention to grid reliability during disasters.

The alarming incidents of EVs igniting after being submerged in floodwaters have raised critical questions about the safety of these vehicles during severe weather conditions. While electric vehicles are often touted for their environmental benefits and lower emissions, it is crucial to understand the potential risks associated with their battery systems when exposed to water, even as many drivers weigh whether to buy an electric car for daily use.

The Risks of Submerging Electric Vehicles

Electric vehicles primarily rely on lithium-ion batteries, which can be sensitive to water exposure. When these batteries are submerged, they risk short-circuiting, which may lead to fires. Unlike traditional gasoline vehicles, where fuel may leak out, the sealed nature of an EV’s battery can create hazardous situations when compromised. Experts warn that even after water exposure, the risk of fire can persist, sometimes occurring days or weeks later.

Officials emphasize the importance of vigilance in flood-prone areas, including planning for contingencies like mobile charging and energy storage that support recovery. If an electric vehicle has been submerged, it is crucial to have it inspected by a qualified technician before attempting to drive it again. Ignoring this can lead to catastrophic consequences not only for the vehicle owner but also for surrounding individuals and properties.

Official Warnings and Recommendations

In light of these dangers, safety officials have issued guidelines for electric vehicle owners in flood-prone areas. Key recommendations include:

1. Avoid Driving in Flooded Areas: The most straightforward advice is to refrain from driving through flooded streets, which can not only damage the vehicle but also pose risks to personal safety.

2. Inspection After Flooding: If an EV has been submerged, owners should seek immediate professional inspection. Technicians can evaluate the battery and electrical systems for damage and determine if the vehicle is safe to operate.

3. Inform Emergency Responders: In flood situations, informing emergency personnel about the presence of electric vehicles can help them mitigate risks during rescue operations, including firefighter health risks that may arise. First responders are trained to handle conventional vehicles but may need additional precautions when dealing with EVs.

Industry Response and Innovations

In response to rising concerns, electric vehicle manufacturers are working to enhance the safety features of their vehicles. This includes developing waterproof battery enclosures and improving drainage systems to prevent water intrusion, as well as exploring vehicle-to-home power for resilience during outages. Some manufacturers are also investing in research to improve battery chemistry, making them more resilient in extreme conditions.

The automotive industry recognizes that consumer education is equally important, particularly around utility impacts from mass-market EVs that affect planning. Manufacturers and safety organizations are encouraged to disseminate information about proper EV maintenance, the importance of inspections after flooding, and safety protocols for both owners and first responders.

The Role of Insurance Companies

As the risks associated with electric vehicle flooding become more apparent, insurance companies are also reassessing their policies. With increasing incidences of extreme weather, insurers are likely to adapt coverage options related to water damage and fire risks specific to electric vehicles. Policyholders should consult with their insurance providers to ensure they understand their coverage in the event of flooding.

Preparing for the Future

With the increasing adoption of electric vehicles, it is vital to prepare for the challenges posed by climate change and evolving state power grids capacity. Community awareness campaigns can play a significant role in educating residents about the risks and safety measures associated with electric vehicles during flooding events. By fostering a well-informed public, the likelihood of accidents and emergencies can be reduced.

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Site C Dam Injunction signals Ottawa's neutrality while B.C. reviews a hydroelectric dam project on the Peace River, amid First Nations treaty rights claims, federal approval defenses, and scrutiny of environmental assessment and Crown consultation.

Key Points

A legal request to pause Site C while courts weigh First Nations treaty rights, environmental review, and approvals.

✅ Ottawa neutral on injunction; still defends federal approvals

✅ First Nations cite treaty rights over Peace River territory

✅ B.C. jurisdiction, environmental assessment and Crown consultation at issue

The federal government is not going to argue against halting construction of the controversial Site C hydroelectric dam in British Columbia while a B.C. court decides if the project violates constitutionally protected treaty rights.

Work on Site C suspended prior to First Nations lawsuit

However a spokeswoman for Environment Minister Catherine McKenna said Monday the government will continue to defend the federal approval given for the project in December 2014, even though that approval was given using an environmental review process McKenna herself has said is fundamentally flawed.

The Site C project is an 1,100-megawatt dam and generating station on the Peace River in northern B.C. that will flood parts of the traditional territory of the West Moberly and Prophet River First Nations.

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In January, they filed a civil court case against the provincial government, B.C. Hydro and the federal government asking a judge to decide if their rights were being violated by the dam. A few weeks later, West Moberly asked the court for an injunction to halt construction pending the outcome of the rights case, similar to other contested transmission projects like the Maine electricity corridor debate in New England.

On May 11, lawyers for Attorney General Jody Wilson-Raybould filed a notice that Canada would remain neutral on the question of the injunction, meaning Canada won't argue against the idea of postponing construction for months, if not years, while the rights case winds through the court.

Wilson-Raybould has been silent on Site C since being named Canada's minister of justice in 2015, but in 2012, when she was the B.C. regional chief for the Assembly of First Nations, she said the project was "running roughshod" over treaty rights. The Justice Department on Monday directed questions to Environment and Climate Change Canada.

Defence of environmental assessment

McKenna's spokeswoman, Caroline Theriault, said the injunction request is just a procedural step regarding construction and that it is B.C. jurisdiction not federal.

However, she said Canada will defend the environmental assessment and Crown consultation processes and the federally issued permits required for construction.

B.C. auditor general set to scrutinize Site C dam project

McKenna has legislation before the House of Commons to overhaul the process for environmental assessment of major projects like hydro dams and pipelines, arguing the former government's procedures had skewed too far towards proponents. The overhaul includes requiring traditional Indigenous knowledge be taken into account, a consideration also central to the Columbia River Treaty talks underway on both sides of the border.

However, Theriault said the commitment to overhaul the process also included a promise not to revisit projects that had already been approved, such as Site C.

"The federal environmental assessment process for the Site C project has already been upheld in other court actions," said Theriault.

'It feels kind of odd'

West Moberly Chief Roland Wilson said he was both excited and yet concerned by Canada's decision last week not to oppose the injunction.

"It feels kind of odd and makes me wonder what they're up to," Wilson said.

However he said all he has ever wanted was for the project to be stopped until the question of rights can be answered. Wilson said two previous dams on the Peace River already flooded 80 per cent of the functional land within West Moberly's territory and that Site C will flood half of what's left. That land is used for fishing and hunting and there is also concern the dam will allow mercury to leak into Moberly Lake, he said.

Retiree undaunted by steep odds against his petition to stop Site C dam

Construction began in 2015 and more than $2.4 billion has already been spent on a project that will at the earliest, not be completed until 2024 and will cost an estimated $10 billion total, with cost overrun risks underscored by the Muskrat Falls ratepayer agreement in Atlantic Canada.

The province continues to argue against the injunction and will also fight the rights case, even as Alberta suspends power purchase talks with B.C. over energy disputes. Premier John Horgan campaigned on a promise to review the Site C approval. A B.C. Utilities Commission report in November found there are alternatives to building it and that it will go over budget. Nevertheless Horgan in December said he had to let construction continue because cancelling the project would be too costly both for the province and its electricity consumers, despite the B.C. rate freeze announced around the same period.

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