AECLÂ’s fate may hinge on Ontario deal

Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

Related News

• Electricity Forum News

• Power Generation News

Ontario Hydrogen Strategy accelerates green hydrogen via electrolysis, reduced electricity rates, and IESO pilots, leveraging ICI, interruptible rates, and surplus power to grow clean tech, low-carbon energy, and export markets across Ontario.

Key Points

A provincial plan to scale green hydrogen with electricity costs, IESO pilots, and surplus power to boost tech.

✅ Amends ICI to admit hydrogen producers from 50 kW demand

✅ Enables co-located electrolysers to use surplus curtailed power

✅ Offers interruptible rates via IESO pilot for flexible loads

The Ontario Ministry of Energy is seeking input on accelerating Ontario’s hydrogen economy. The province has been promoting growth in the clean tech sector, including low-carbon energy production and the Hydrogen Innovation Fund, as an avenue for post-COVID-19 economic recovery. Hydrogen produced through electrolysis (or “green hydrogen”) has been central to these efforts, complimenting both federal and provincial initiatives to create vibrant domestic and export markets for the energy as a principal alternative to conventional fossil fuels.

On April 14, 2022, the Ministry filed a proposal (the Proposal) on the Environmental Registry of Ontario (ERO) to gather input from stakeholders, aligning with the province’s industrial electricity pricing consultation underway. As part of Ontario’s Hydrogen Strategy, the Ministry is considering several options that would provide reduced electricity rates for green hydrogen producers to make production more economically competitive with other energies. To date, the relatively high production cost of green hydrogen has been a challenge facing its adoption, both domestically and internationally.

The Proposal features three options:

• Amending the rules for the Industrial Conservation Initiative (ICI) applicable to hydrogen producers;
• Enabling onsite hydrogen production using electricity that would otherwise be curtailed; and
• Providing an interruptible electricity rate for hydrogen producers.

Option 1: Amending the ICI rules

Option 1 would amend the ICI rules to allow all hydrogen producers with an average monthly peak demand of 50kW to participate. Hydrogen producers’ facilities could qualify for ICI in the first year of operation with a peak demand factor determined based on a deemed consumption profile, using a method yet to be determined by the Ministry. At the end of the first year, their global adjustment (GA) charges would be reconciled based on their actual consumption pattern. As set out in our prior article, GA was introduced by the province in January 2005 to ensure reliable, sustainable and a diverse supply of power at stable and competitive prices, aligning with plans to rely on battery storage to meet rising energy demand. The Ministry’s current proposal would require hydrogen producers to place a security deposit for their facilities’ first year of operation with the Independent Electricity System Operator (IESO) or their Local Distribution Company (LDC) to ensure other consumer would not be adversely affected.

Option 2: Enable onsite hydrogen production using surplus electricity

Option 2 would allow businesses to co-locate hydrogen electrolysers at electricity generation facilities, drawing on recent electrolyzer investment trends, to make use of what would become curtailed generation. Under this option in the Proposal, the developer for the hydrogen production facility would be required to be a separate legal entity from the one that owns or operates the electricity generation facility. Based on this required level of independence, the hydrogen developer would be required to pay the electricity generator for the electricity supply.

At this stage, it is not clear whether, or how the generator would be required to share the revenue with other consumers. The next steps of the Proposal may require regulatory amendments, and/or amendments to electricity generator’s contracts, consistent with efforts enabling storage in Ontario's electricity system to integrate flexible resources.

Option 3: Interruptible electricity rates for hydrogen producers

In 2021, the Ministry posted a proposal on the ERO including an Interruptible Rate Pilot that was to be developed in conjunction with the IESO in order to address stakeholder feedback received during the 2019 Industrial Consultation specific to the challenges of identifying and responding to peak demand events while participating in the ICI. The pilot was targeted towards large electricity consumers, where participants were charged GA at a reduced rate in exchange for agreeing to reduce consumption during system or local reliability events, as identified by IESO.

Option 3 would allow for the introduction for a dedicated stream for hydrogen producers into the interruptible rate pilot, which is currently under development with the IESO. This would take into account the unique circumstances of hydrogen producers, as well as the importance of the hydrogen sector in Ontario’s Low-Carbon Hydrogen Strategy. Under the pilot, participants would be given advance notice by the IESO to reduce demand over a fixed number of hours, several times each year, and emerging vehicle-to-grid models where EV owners can sell electricity back to the grid highlight additional flexibility options. Ultimately, the pilot would support low-carbon hydrogen production by offering large electricity consumers, such as hydrogen producers, reduced electricity rates in exchange for reduces consumption during system or local reliability events.

Following this initial development work, the Ministry intends to consult with stakeholders later this year to determine design details, as well as the timing for the potential roll out of the proposed pilot.

Key takeaways

The design options are not meant to be mutually exclusive, and might be pursued by the Ministry in combination. Ultimately, Ontario is focusing on ways to reduce electricity rates in an attempt to make the province a leader in the adoption of green hydrogen, as made clear in the Ontario Hydrogen Strategy, even as an electricity supply crunch looms, underscoring the urgency. Stakeholders will want to participate in this process given its long-term implications for both the hydrogen and power sectors.

Related News

• Electricity Forum News

• EV Infrastructure News

Ontario Off-Peak Electricity Rate offers 8.2 cents per kWh for 24 hours, supporting Time-of-Use and Tiered Regulated Price Plan customers, including residential, small business, and farms, under Ontario Energy Board guidelines during temporary relief.

Key Points

A temporary 8.2 cents per kWh all-day price for RPP customers, covering TOU and Tiered users across Ontario.

✅ Applies 24 hours daily at 8.2 cents per kWh for 21 days

✅ Covers residential, small business, and farm RPP customers

✅ Valid for TOU and Tiered plans set by the Ontario Energy Board

 The Ontario government has announced electricity relief with electricity prices set at the off-peak price of 8.2 cents per kilowatt-hour, 24 hours per day for 21 days starting January 18, 2022, until the end of day February 7, 2022, for all Regulated Price Plan customers. The off-peak rate will apply automatically to residential, small businesses and farms who pay Time-of-Use or Tiered prices set by the Ontario Energy Board.

This rate relief includes extended off-peak rates to support small businesses, as well as workers and families spending more time at home while the province is in Modified Step Two of the Roadmap to Reopen.

As part of our mandate, we set the rates that your utility charges for the electricity you use in your home or small business. These rates appear on the Electricity line of your bill, and we administer protections such as disconnection moratoriums for residential customers. We also set the Delivery rates that cover the cost to deliver electricity to most residential and small business customers.

Types of electricity rates

For residential and small business customers that buy electricity from their utility, there are two different types of rates (also called prices here), and Ontario also provides stable electricity pricing for larger users. The Ontario Energy Board sets both once a year on November 1:

Time-of-Use (TOU)

With TOU prices, the price depends on when you use electricity, including options like ultra-low overnight pricing that encourage off-peak use.

There are three TOU price periods:

• Off-peak, when demand for electricity is lowest and new offerings like the Ultra-Low Overnight plan can encourage shifting usage. Ontario households use most of their electricity – nearly two thirds of it – during off-peak hours.
• Mid-peak, when demand for electricity is moderate. These periods are during the daytime, but not the busiest times of day, and utilities like BC Hydro are exploring similar TOU structures as well.
• On-peak, when demand for electricity is generally higher. These are the busier times of day – generally when people are cooking, starting up their computers and running heaters or air conditioners.

Related News

• Electricity Forum News

• Energy Policy News

Grid Transformer Waste Heat Recovery turns substations into neighborhood boilers, supplying district heating via heat networks, helping National Grid and SSE cut emissions, boost energy efficiency, and advance low carbon, net zero decarbonization.

Key Points

Grid Transformer Waste Heat Recovery captures substation heat for district heating, cutting emissions and gas use.

✅ Captures waste heat from National Grid transformers

✅ Feeds SSE district heat networks for nearby homes

✅ Cuts carbon, improves efficiency, aligns with net zero

Thousands of homes could soon be warmed by the heat from giant electricity grid transformers for the first time as part of new plans to harness “waste heat” and cut carbon emissions from home heating.

Trials are due to begin on how to capture the heat generated by transmission network transformers, owned by National Grid, to provide home heating for households connected to district heating networks operated by SSE.

Currently, hot air is vented from the giant substations to help cool the transformers that help to control the electricity running through National Grid’s high-voltage transmission lines.

However, if the trial succeeds, about 1,300 National Grid substations could soon act as neighbourhood “boilers”, piping water heated by the substations into nearby heating networks, and on into the thousands of homes that use SSE’s services.

“Electric power transformers generate huge amounts of heat as a byproduct when electricity flows through them. At the moment, this heat is just vented directly into the atmosphere and wasted,” said Nathan Sanders, the managing director of SSE Energy Solutions.

“This groundbreaking project aims to capture that waste heat and effectively turn transformers into community ‘boilers’ that serve local heat networks with a low- or even zero-carbon alternative to fossil-fuel-powered heat sources such as gas boilers, a shift akin to a gas-for-electricity swap in heating markets,” Sanders added.

Alexander Yanushkevich, National Grid’s innovation manager, said the scheme was “essential to achieve net zero” and a “great example of how, taking a whole-system approach, including power-to-gas in Europe precedents, the UK can lead the way in helping accelerate decarbonisation”.

The energy companies believe the scheme could initially reduce heat network carbon emissions by more than 40% compared with fossil gas systems. Once the UK’s electricity system is zero carbon, and with recent milestones where wind was the main source of UK electricity on the grid, the heating solution could play a big role in helping the UK meet its climate targets.

The first trials have begun at National Grid’s specially designed testing site at Deeside in Wales to establish how the waste heat could be used in district heating networks. Once complete, the intellectual property will be shared with smaller regional electricity network owners, which may choose to roll out schemes in their areas.

Tim O’Reilly, the head of strategy at National Grid, said: “We have 1,300 transmission transformers, but there’s no reason why you couldn’t apply this technology to smaller electricity network transformers, too, echoing moves to use more electricity for heat in colder regions.”

Once the trials are complete, National Grid and SSE will have a better idea of how many homes could be warmed using the heat generated by electricity network substations, O’Reilly said, and how the heat can be used in ways that complement virtual power plants for grid resilience.

“The heavier the [electricity] load, which typically reaches a peak at around teatime, the more heat energy the transformer will be able to produce, aligning with times when wind leads the power mix nationally. So it fits quite nicely to when people require heat in the evenings,” he added.

Other projects designed to capture waste heat to use in district heating schemes include trapping the heat generated on the Northern line of London’s tube network to warm homes in Islington, and harnessing the geothermal heat from disused mines for district heating networks in Durham.

Only between 2% and 3% of the UK is connected to a district heating network, but more networks are expected to emerge in the years ahead as the UK tries to reduce the carbon emissions from homes, alongside its nuclear power plans in the wider energy strategy.

Related News

• Electricity Forum News

• Power Generation News

Ontario Wind Power Policy Shift signals renewed investment in renewable energy, wind farms, and grid resilience, aligning with climate goals, lower electricity costs, job creation, and turbine technology for cleaner, diversified power.

Key Points

A provincial pivot to expand wind energy, meet climate goals, lower costs, and boost jobs across Ontario’s power system.

✅ Diversifies Ontario's grid with scalable renewable capacity.

✅ Targets emissions cuts while stabilizing electricity prices.

✅ Spurs rural investment, supply chains, and skilled jobs.

Ontario’s energy landscape is undergoing a significant transformation as Premier Doug Ford makes a notable shift in his approach to wind power. This change represents a strategic pivot in the province’s energy policy, potentially altering the future of Ontario’s power generation, environmental goals, and economic prospects.

The Backdrop: Ford’s Initial Stance on Wind Power

When Doug Ford first assumed the role of Premier in 2018, his administration was marked by a strong stance against renewable energy projects, including wind power, with Ford later saying he was proud of tearing up contracts as part of this shift. Ford’s government inherited a legacy of ambitious renewable energy commitments from the previous Liberal administration under Kathleen Wynne, which had invested heavily in wind and solar energy. The Ford government, however, was critical of these initiatives, arguing that they resulted in high energy costs and a surplus of power that was not always needed.

In 2019, Ford’s government began rolling back several renewable energy projects, including wind farms, and was soon tested by the Cornwall wind farm ruling that scrutinized a cancellation. This move was driven by a promise to reduce electricity bills and cut what was perceived as wasteful spending on green energy. The cancellation of several wind projects led to frustration among environmental advocates and the renewable energy sector, who viewed the decision as a setback for Ontario’s climate goals.

The Shift: Embracing Wind Power

Fast forward to 2024, and Premier Ford’s administration is taking a markedly different approach. The recent policy shift, which moves to reintroduce renewable projects, indicates a newfound openness to wind power, reflecting a broader acknowledgment of the changing dynamics in energy needs and environmental priorities.

Several factors appear to have influenced this shift:

1. Rising Energy Demands and Climate Goals: Ontario’s growing energy demands, coupled with the pressing need to address climate change, have necessitated a reevaluation of the province’s energy strategy. As Canada commits to reducing greenhouse gas emissions and transitioning to cleaner energy sources, wind power is increasingly seen as a crucial component of this strategy. Ford’s change in direction aligns with these national and global goals.

2. Economic Considerations: The economic landscape has also evolved since Ford’s initial opposition to wind power. The cost of wind energy has decreased significantly over the past few years, making it a more competitive and viable option compared to traditional energy sources, as competitive wind power gains momentum in markets worldwide. Additionally, the wind energy sector promises substantial job creation and economic benefits, which are appealing in the context of post-pandemic recovery and economic growth.

3. Public Opinion and Pressure: Public opinion and advocacy groups have played a role in shaping policy. There has been a growing demand from Ontarians for more sustainable and environmentally friendly energy solutions. The Ford administration has been responsive to these concerns, recognizing the importance of addressing public and environmental pressures.

4. Technological Advancements: Advances in wind turbine technology have improved efficiency and reduced the impact on wildlife and local communities. Modern wind farms are less intrusive and more effective, addressing some of the concerns that were previously associated with wind power.

Implications of the Policy Shift

The implications of Ford’s shift towards wind power are far-reaching. Here are some key areas affected by this change:

1. Energy Portfolio Diversification: By reembracing wind power, Ontario will diversify its energy portfolio, reducing its reliance on fossil fuels and increasing the proportion of renewable energy in the mix. This shift will contribute to a more resilient and sustainable energy system.

2. Environmental Impact: Increased investment in wind power will contribute to Ontario’s efforts to combat climate change. Wind energy is a clean, renewable source that produces no greenhouse gas emissions during operation. This aligns with broader environmental goals and helps mitigate the impact of climate change.

3. Economic Growth and Job Creation: The wind power sector has the potential to drive significant economic growth and create jobs. Investments in wind farms and associated infrastructure can stimulate local economies, particularly in rural areas where many wind farms are located.

4. Energy Prices: While the initial shift away from wind power was partly motivated by concerns about high energy costs, including exposure to costly cancellation fees in some cases, the decreasing cost of wind energy could help stabilize or even lower electricity prices in the long term. As wind power becomes a larger component of Ontario’s energy supply, it could contribute to a more stable and affordable energy market.

Moving Forward: Challenges and Opportunities

Despite the positive aspects of this policy shift, there are challenges to consider, and other provinces have faced setbacks such as the Alberta wind farm scrapped by TransAlta that illustrate potential hurdles. Integrating wind power into the existing grid requires careful planning and investment in grid infrastructure. Additionally, addressing local concerns about wind farms, such as their impact on landscapes and wildlife, will be crucial to gaining broader acceptance.

Overall, Doug Ford’s shift towards wind power represents a significant and strategic change in Ontario’s energy policy. It reflects a broader understanding of the evolving energy landscape and the need for a sustainable and economically viable energy future. As the province navigates this new direction, the success of this policy will depend on effective implementation, ongoing stakeholder engagement, and a commitment to balancing environmental, economic, and social considerations, even as the electricity future debate continues among party leaders.

Related News

• Electricity Forum News

• Renewable Energy News

DOE Environmental Management Funding Boost seeks $7.25B to accelerate nuclear cleanup, upgrade Savannah River Site infrastructure, create jobs, and support small businesses, echoing ARRA 2009 results and expediting DOE EM waste remediation nationwide.

Key Points

A proposed $7.25B stimulus for DOE's EM to accelerate nuclear cleanup, modernize infrastructure, and create jobs.

✅ $7.25B one-time stimulus for DOE EM cleanup and infrastructure.

✅ Targets Savannah River Site; supports jobs and small businesses.

✅ Builds on ARRA 2009; accelerates nuclear waste remediation.

A bloc of local governments and nuclear industry, nuclear innovation efforts, labor and community groups are pressing Congress to provide a one-time multibillion-dollar boost to the U.S. Department of Energy Office of Environmental Management, the remediation-focused Savannah River Site landlord.

The organizations and officials -- including Citizens For Nuclear Technology Awareness Executive Director Jim Marra and Savannah River Site Community Reuse Organization President and CEO Rick McLeod -- sent a letter Friday to U.S. House and Senate leadership "strongly" supporting a $7.25 billion funding injection, even as ACORE challenges coal and nuclear subsidies in separate regulatory proceedings, arguing it "will help reignite the national economy," help revive small businesses and create thousands of new jobs despite the novel coronavirus crisis.

More than 30 million Americans have filed unemployment claims in the past two months, with additional clean energy job losses reported, too. Hundreds of thousands of claims have been filed in South Carolina since mid-March, compounding issues like unpaid utility bills in neighboring states.

The requested money could, too, speed Environmental Management's nuclear waste cleanup missions and be used to fix ailing infrastructure and strengthen energy security for rural communities nationwide -- some of which dates back to the Cold War -- at sites across the country. That's a "rare" opportunity, reads the letter, which prominently features the Energy Communities Alliance logo and its chairman's signature.

Similar funding programs, like what was done with the 2009 American Recovery and Reinvestment Act and recent clean energy funding initiatives, have been successful.

At the time, amid a staggering economic downturn nationwide, Environmental Management contractors "hired over 20,000 new workers," putting them "to work to reduce the overall cleanup complex footprint by 688 square miles while strengthening local economies," the Friday letter reads.

The Energy Department's cleanup office estimates the $6 billion investment years ago reduced its environmental liability by $13 billion, according to a 2012 report.

Such a leap forward, the coalition believes, is repeatable, a view reflected in current plans to revitalize coal communities with clean energy projects across the country.

"We are confident that DOE can successfully manage increased funding and leverage it for future economic development as it has in the past," the letter states. It continues: "We take pride in working together to support jobs and development of infrastructure and work that make our country stronger and assists us to recover from the impacts of COVID-19."

As of Monday afternoon, 8,942 cases of COVID-19, the disease caused by the novel coronavirus, have been logged in South Carolina. Aiken County is home to 155 of those cases.

Related News

• Electricity Forum News

• Energy Policy News