Areva looks to build on European success

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Areva SA, the largest builder of nuclear plants, is seeking to use a lead in its home European market over Toshiba Corp.Â’s Westinghouse Electric Co. to gain an edge in the $1.05 trillion of global contracts up for grabs.

ArevaÂ’s new model, the evolutionary power reactor, or EPR, has been chosen for at least 11 of the 41 new plants planned or under construction in the European Union. Westinghouse, which is pushing its AP1000 pressurized water reactor, hasnÂ’t built a plant in the region for more than 20 years.

As many as 180 reactors may be completed in the next eight years in countries from China to Brazil, according to the World Nuclear Association, while a further 282 have been proposed. Areva and Westinghouse face rivals such as General Electric Co.Â’s venture with Hitachi Ltd., RussiaÂ’s ZAO Atomstroyexport and Korea Electric Power Corp. in bidding for contracts.

“Areva has a leg up on the competition,” said Ben Elias, a New York-based analyst with Sterne Agee & Leach Inc. “They will help utilities run their nuclear plants,” as the French company also supplies uranium and disposes of nuclear waste. “That’s important for Chinese and Indian clients.”

French state-controlled Areva is targeting a third of the 300 or so atomic plants that will be built around the world by 2030 as nations seek to cut dependence on oil and gas imports and tackle global warming, said Michael Cerruti, the Paris-based companyÂ’s vice president for marketing.

“They have the implementation in Europe historically,” said Alex Barnett, an analyst with Jefferies International Ltd. in Paris, who has a “buy” recommendation on Areva. Clients in the region may shun Westinghouse designs and stick to the models they run already, he said.

Areva has built about 102 reactors to date, mostly in Europe, and its technology is used in all 75 commercial French and German units. Siemens AG, EuropeÂ’s largest engineering company, built those in Germany and formed a venture with the French company in 2001, while Electricite de France SA, in which the state has an 85 percent stake, has been a consistent buyer of French technology for the 58 reactors in its home market.

French President Nicolas Sarkozy took Areva Chief Executive Officer Anne Lauvergeon and other executives on a visit to the United Arab Emirates in May, seeking to sell French nuclear technology to the Middle East nation in preference to competing U.S. and Korean offers. Sarkozy said last year itÂ’s FranceÂ’s role to help countries who want civil nuclear energy.

Areva said last month it plans to sell a stake of about 15 percent and may divest its power-grid operation to finance expansion. Board members decided to raise capital by selling shares to industrial and strategic partners and possibly disposing of the Transmission & Distribution unit.

Areva, currently 93 percent owned directly or indirectly by the French government, needs cash to develop uranium mines and buy Siemens’s share of their reactor-making venture. The moves will help the company be a nuclear-energy “champion,” focused on businesses from mines to waste recycling, Prime Minister Francois Fillon said in May.

Lauvergeon said the move may raise 3 billion euros ($4.2 billion), adding the company will invest 10 billion euros on expansion in the next two years. She also said there is room for Areva to deepen its partnership with Mitsubishi Heavy Industries Ltd., the Tokyo-based industrial group.

Areva is now marketing the EPRs, which are also a form of pressurized water reactor, emphasizing their quadruple safety systems and flexible fuel management. One is being built at Flamanville in Normandy and another on the west coast of Finland, while two are under construction in China. The Finnish plant is more than 25 percent over its 3 billion-euro initial budget and electricity generation at the reactor may be delayed until 2012, three years behind its original schedule.

ArevaÂ’s new design is for a plant of 1,600 megawatts, while Westinghouse is proposing a smaller 1,154 megawatt reactor with a modular design which it says is more efficient and cuts costs.

Westinghouse says its technology is the basis for approximately one-half of the worldÂ’s operating nuclear plants, including 60 percent of those in the United States. According to the WNA, there are 436 reactors in service globally.

“We feel our technology is the most attractive,” Vaughn Gilbert, a company spokesman, said. “It would be impossible for one company to build all the new reactors. The market is so big that everyone will be able to do well, and we think we’ll do very well.”

WestinghouseÂ’s sales surged to $3.7 billion in 2008 from $800 million in 1999, almost half of which came from operations outside of the U.S., Gilbert said.

Areva anticipated the current atomic revival as early as 2002, Cerruti told delegates at the European Nuclear Power conference on June 29.

The French company has a larger workforce than Westinghouse, which may give it an advantage because of the skills shortage in the industry, said Colette Lewiner, the global leader of energy and utilities at management consultants Capgemini in Paris. She estimates that global spending on building new reactors could reach as much as $1.05 trillion by 2030.

ArevaÂ’s nuclear unit boosted its workforce by 33 percent in the five years through 2008 to 44,623, according to Christian Hillrichs, a vice president at the division.

Headcount will grow by up to 5 percent a year, he said in an interview. That compares with a 12,500 workforce at WestinghouseÂ’s nuclear operations, which will expand by about 750 this year and at least 1,000 on an annual basis in coming years, said Gilbert.

EDF, the French state-owned utility that bought British Energy Group Plc for $20.5 billion in January, will commission Areva to build four nuclear plants in the U.K. E.ON AG and RWE AG, GermanyÂ’s biggest utilities, are also planning new reactors in Britain.

U.S. utilities have chosen WestinghouseÂ’s technology for 14 new plants, and contracts for six of those have already been signed, Gilbert said. Construction on the first will begin in 2011, he said.

Westinghouse expects China to choose its AP1000 design for the majority of its planned reactor fleet, Gilbert said, adding the company will complete its first reactor in China in early 2013. Westinghouse has four AP1000 units under construction in the country, according to its Web site.

Toshiba owns 67 percent of Westinghouse, while U.S. power plant builder Shaw Group Inc. holds 20 percent, uranium producer Kazatomprom has 10 percent and Tokyo-based IHI Corp. owns 3 percent.

GEÂ’s boiling water reactor technology is used in more than 90 of the 436 nuclear power plants operating across the globe and one third of the installed base in the U.S., according to its Web site.

“There will probably be a certain domestic flavor, a domestic preference” as Westinghouse and GE sell more reactors in the U.S,” said Lewiner, who used to work at EDF.

In contrast, the U.S. only made up about 15 percent of ArevaÂ’s overall sales last year. Areva said itÂ’s building a manufacturing plant in the U.S., which will start in 2012.

EDFÂ’s planned purchase of half of Constellation Energy Group Inc.Â’s nuclear-power unit for $4.5 billion, may help Areva gain a foothold in the U.S. EDFÂ’s UniStar Nuclear Energy LLC joint venture with Constellation is seeking to develop nuclear projects in North America.

Areva is aiming to expand its manufacturing capacity by 2015, enabling it to construct six plants a year, according to Luc Oursel, head of ArevaÂ’s reactors and services unit, speaking in a Moscow interview in May.

“Their investment program is based on holding or expanding that third of the market share,” said Pierre Boucheny, a Paris- based analyst with Kepler Capital Markets, who recommends investors buy the stock.

“They need to put those manufacturing capacities in place, hence the sale of the transmission and distribution unit and stakes” in companies including GDF Suez SA, STMicroelectronics NV and Eramet.

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Secret Liberal cabinet document reveals Electricity prices to soar

Ontario Hydro Rate Relief Plan delivers short-term electricity bill cuts, while leaked cabinet forecasts show inflation-linked hikes, borrowing costs, and a Clean Energy Adjustment under the province's long-term energy plan.

 

Key Points

A provincial plan that cuts bills now but defers costs, projecting rate hikes and adding a Clean Energy Adjustment.

✅ 25% cut now, after 8% HST relief; extra 17% reduction applied.

✅ Forecast: inflation-linked hikes later; borrowing adds long-term costs.

✅ Clean Energy Adjustment line to repay deferred system costs.

 

The short-term gain of a 25 per cent hydro rate cut this summer could lead to long-term pain as a leaked cabinet document forecasts prices jumping again in five years.

In the briefing materials leaked and obtained by the Progressive Conservatives, rates will start rising 6.5 per cent a year in 2022 and top out at 10.5 per cent in 2028, when average monthly bills hit $215.

That would be up from $123 this year once the rate cut — the subject of long-awaited legislation to lower electricity rates unveiled Thursday by Energy Minister Glenn Thibeault — takes full effect. There will be another 17-per-cent cut in addition to the 8 per cent taken off bills in January when the provincial portion of the HST was waived.

The leaked papers overshadowed Thibeault’s efforts to tout the price break, which will be followed with four years of hydro rate increases at 2 per cent, roughly the rate of inflation.

Thibeault charged that the Conservatives used an “outdated” document to distract from the fact that they are the only major party without a plan for dealing with skyrocketing hydro rates, with a year to go until next June’s provincial election.

“It’s not a coincidence,” he told reporters, denying any plans for an eventual 10.5-per-cent rate hike and promising the government’s new long-term energy plan, due in a few months, will have better numbers.

“We are working hard right now to continue to pull costs out of the system.”

Opposition parties said the Liberal plan doesn’t deal with the underlying problems that have made electricity expensive and simply borrows money to spread the costs over a longer period of time, with $25 billion in interest charges over 30 years.

Some observers also noted that a deal with Quebec would not reduce hydro bills, highlighting concerns about lasting affordability.

“The price of electricity is going to skyrocket after the next election,” warned Conservative MPP Todd Smith (Prince Edward—Hastings).

“The government isn’t being honest with the people of Ontario when it comes to the price of electricity.”

The documents show average monthly bills peaking at $231 in the year 2047, before falling back to $210 the following year once the 30 years of interest payments are over.

Conservative sources say they obtained the papers stamped “confidential cabinet document” from a whistleblower after Thibeault’s rate cut plan was presented to cabinet ministers at a meeting in early March.

There is no date on the document, which the energy minister alternately dismissed as “inaccurate” or possibly one of many that have been prepared with different options in mind.

“We’ve had hundreds of briefings with hundreds of documents … I can’t comment on one graph when we’ve been looking at hundreds of scenarios.”

New Democrats, who have proposed a scheme to cut rates, if elected, also called the government plan an election ploy with Liberals lagging in the polls.

“We’re going to take on a huge debt so (Premier) Kathleen Wynne can look good on the hustings in the next few months, and for decades we’re going to pay for it,” said MPP Peter Tabuns (Toronto-Danforth).

Thibeault acknowledged the Liberal plan will start repaying borrowed money in the mid- or late 2020s and it will show up separately on hydro bills as the “Clean Energy Adjustment”, a kind of electricity recovery rate that could raise costs.

 

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Clean B.C. is quietly using coal and gas power from out of province

BC Hydro Electricity Imports shape CleanBC claims as Powerex trades cross-border electricity, blending hydro with coal and gas supplies, affecting emissions, grid carbon intensity, and how electric vehicles and households assess "clean" power.

 

Key Points

Powerex buys power for BC Hydro, mixing hydro with coal and gas, shifting emissions and affecting CleanBC targets.

✅ Powerex trades optimize price, not carbon intensity

✅ Imports can include coal- and gas-fired generation

✅ Emissions affect EV and CleanBC decarbonization claims

 

British Columbians naturally assume they’re using clean power when they fire up holiday lights, juice up a cell phone or plug in a shiny new electric car. 

That’s the message conveyed in advertisements for the CleanBC initiative launched by the NDP government, amid indications that residents are split on going nuclear according to a survey, which has spent $3.17 million on a CleanBC “information campaign,” including almost $570,000 for focus group testing and telephone town halls, according to the B.C. finance ministry.

“We’ll reduce air pollution by shifting to clean B.C. energy,” say the CleanBC ads, which feature scenic photos of hydro reservoirs. “CleanBC: Our Nature. Our Power. Our Future.” 

Yet despite all the bumph, British Columbians have no way of knowing if the electricity they use comes from a coal-fired plant in Alberta or Wyoming, a nuclear plant in Washington, a gas-fired plant in California or a hydro dam in B.C. 

Here’s why. 

BC Hydro’s wholly-owned corporate subsidiary, Powerex Corp., exports B.C. power when prices are high and imports power from other jurisdictions when prices are low. 

In 2018, for instance, B.C. imported more electricity than it exported — not because B.C. has a power shortage (it has a growing surplus due to the recent spate of mill closures and the commissioning of two new generating stations in B.C.) but because Powerex reaps bigger profits when BC Hydro slows down generators to import cheaper power, especially at night.

“B.C. buys its power from outside B.C., which we would argue is not clean,” says Martin Mullany, interim executive director for Clean Energy BC. 

“A good chunk of the electricity we use is imported,” Mullany says. “In reality we are trading for brown power” — meaning power generated from conventional ‘dirty’ sources such as coal and gas. 

Wyoming, which generates almost 90 per cent of its power from coal, was among the 12 U.S. states that exported power to B.C. last year. (Notably, B.C. did not export any electricity to Wyoming in 2018.)

Utah, where coal-fired power plants produce 70 per cent of the state’s energy amid debate over the costs of scrapping coal-fired electricity, and Montana, which derives about 55 per cent of its power from coal, also exported power to B.C. last year. 

So did Nebraska, which gets 63 per cent of its power from coal, 15 per cent from nuclear plants, 14 per cent from wind and three per cent from natural gas.   

Coal is responsible for about 23 per cent of the power generated in Arizona, another exporter to B.C., while gas produces about 44 per cent of the electricity in that state.  

In 2017, the latest year for which statistics are available, electricity imports to B.C. totalled just over 1.2 million tonnes of carbon dioxide emissions, according to the B.C. environment ministry — roughly the equivalent of putting 255,000 new cars on the road, using the U.S. Environmental Protection Agency’s calculation of 4.71 tonnes of annual carbon emissions for a standard passenger vehicle. 

These figures far outstrip the estimated local and upstream emissions from the contested Woodfibre LNG plant in Squamish that is expected to release annual emissions equivalent to 170,000 new cars on the road.

Import emissions cast a new light on B.C.’s latest “milestone” announcement that 30,000 electric cars are now among 3.7 million registered vehicles in the province.

BC Electric Vehicles Announcement Horgan Heyman Mungall Weaver
In November of 2018 the province announced a new target to have all new light-duty cars and trucks sold to be zero-emission vehicles by the year 2040. Photo: Province of B.C. / Flickr

“Making sure more of the vehicles driven in the province are powered by BC Hydro’s clean electricity is one of the most important steps to reduce [carbon] pollution,” said the November 28 release from the energy ministry, noting that electrification has prompted a first call for power in 15 years from BC Hydro.

Mullany points out that Powerex’s priority is to make money for the province and not to reduce emissions.

“It’s not there for the cleanest outcome,” he said. “At some time we have to step up to say it’s either the money or the clean power, which is more important to us?”

Electricity bought and sold by little-known, unregulated Powerex
These transactions are money-makers for Powerex, an opaque entity that is exempt from B.C.’s freedom of information laws. 

Little detailed information is available to the public about the dealings of Powerex, which is overseen by a board of directors comprised of BC Hydro board members and BC Hydro CEO and president Chris O’Reilly. 

According to BC Hydro’s annual service plan, Powerex’s net income ranged from $59 million to $436 million from 2014 to 2018. 

“We will never know the true picture. It’s a black box.” 

Powerex’s CEO Tom Bechard — the highest paid public servant in the province — took home $939,000 in pay and benefits last year, earning $430,000 of his executive compensation through a bonus and holdback based on his individual and company performance.  

“The problem is that all of the trade goes on at Powerex and Powerex is an unregulated entity,” Mullany says. 

“We will never know the true picture. It’s a black box.” 

In 2018, Powerex exported 8.7 million megawatt hours of electricity to the U.S. for a total value of almost $570 million, according to data from the Canada Energy Regulator. That same year, Powerex imported 9.6 million megawatt hours of electricity from the U.S. for almost $360 million. 

Powerex sold B.C.’s publicly subsidized power for an average of $87 per megawatt hour in 2018, according to the Canada Energy Regulator. It imported electricity for an average of $58 per megawatt hour that year. 

In an emailed statement in response to questions from The Narwhal, BC Hydro said “there can be a need to import some power to meet our electricity needs” due to dam reservoir fluctuations during the year and from year to year.

‘Impossible’ to determine if electricity is from coal or wind power
Emissions associated with electricity imports are on average “significantly lower than the emissions of a natural gas generating plant because we mostly import electricity from hydro generation and, increasingly, power produced from wind and solar,” BC Hydro claimed in its statement. 

But U.S. energy economist Robert McCullough says there’s no way to distinguish gas and coal-fired U.S. power exports to B.C. from wind or hydro power, noting that “electrons lack labels.” 

Similarly, when B.C. imports power from Alberta, where generators are shifting to gas and 48.5 per cent of electricity production is coal-fired and 38 per cent comes from natural gas, there’s no way to tell if the electricity is from coal, wind or gas, McCullough says.

“It really is impossible to make that determination.” 

Wyoming Gilette coal pits NASA
The Gillette coal pits in Wyoming, one of the largest coal-producers in the U.S. Photo: NASA Earth Observatory

Neither the Canada Energy Regulator nor Statistics Canada could provide annual data on electricity imports and exports between B.C. and Alberta. 

But you can watch imports and exports in real time on this handy Alberta website, which also lists Alberta’s power sources. 

In 2018, California, Washington and Oregon supplied considerably more power to B.C. than other states, according to data from Canada Energy Regulator. 

Washington, where about one-quarter of generated power comes from fossil fuels, led the pack, with more than $339 million in electricity exports to B.C. 

California, which still gets more than half of its power from gas-fired plants even though it leads the U.S. in renewable energy with substantial investments in wind, solar and geothermal, was in second place, selling about $18.4 million worth of power to B.C. 

And Oregon, which produces about 43 per cent of its power from natural gas and six per cent from coal, exported about $6.2 million worth of electricity to B.C. last year. 

By comparison, Nebraska’s power exports to B.C. totalled about $1.6 million, Montana’s added up to $1.3 million,  Nevada’s were about $706,000 and Wyoming’s were about $346,000.

Clean electrons or dirty electrons?
Dan Woynillowicz, deputy director of Clean Energy Canada, which co-chaired the B.C. government’s Climate Solutions and Clean Growth Advisory Council, says B.C. typically exports power to other jurisdictions during peak demand. 

Gas-fired plants and hydro power can generate electricity quickly, while coal-fired power plants take longer to ramp up and wind power is variable, Woynillowicz notes. 

“When you need power fast and there aren’t many sources that can supply it you’re willing to pay more for it.”

Woynillowicz says “the odds are high” that B.C. power exports are displacing dirty power.

Elsewhere in Canada, analysts warn that Ontario's electricity could get dirtier as policies change, raising similar concerns.

“As a consumer you never know whether you’re getting a clean electron or a dirty electron. You’re just getting an electron.” 

 

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BC Hydro activates "winter payment plan"

BC Hydro Winter Payment Plan lets customers spread electricity bills over six months during cold weather, easing costs amid colder-than-average temperatures in British Columbia, with low-income conservation support, energy-saving kits, and insulation upgrades.

 

Key Points

Allows BC Hydro customers to spread winter electricity bills over six months, with added low-income efficiency support.

✅ Spread Dec-Mar bills across six months

✅ Eases costs during colder-than-average temperatures

✅ Includes low-income conservation and energy-saving kits

 

As colder temperatures set in across the province again this weekend, BC Hydro says it is activating its winter payment plan to give customers the opportunity to spread out their electricity bills as demand can reach record levels during extreme cold periods.

"Our meteorologists are predicting colder-than-average temperatures will continue over the next of couple of months and we want to provide customers with help to manage their payments," said Chris O'Riley, BC Hydro's president.

All BC Hydro customers will be able to spread payments from the billing period spanning Dec. 1, 2017 to March 31, 2018 over a six-month period.

Cold weather in the second half of December 2017 led to surging electricity demand that was higher than the previous 10-year average and has at times hit all-time highs during peak usage periods, according to BC Hydro.

Hydro operations also respond to summer conditions, as drought and low rainfall can force adjustments in power generation strategies.

People who heat their homes with electricity — about 40 per cent of British Columbians —  have the highest overall bills in the province, $197 more in December than in July, when air conditioning use can affect energy costs.

This is the second year the Crown corporation has activated a cold-weather payment plan, part of broader customer assistance programs it offers.  

BC Hydro has also increased funding for its low-income conservation programs by $2.2 million for a total of $10 million over the next three years. 

The low-income program provides energy-saving kits that include things like free energy assessments, insulation upgrades and weather stripping. 

 

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COVID-19: Daily electricity demand dips 15% globally, says report

COVID-19 Impact on Electricity Demand, per IEA data, shows 15% global load drop from lockdowns, with residential use up, industrial and service sectors down; fossil fuel generation fell as renewables and photovoltaics gained share.

 

Key Points

An overview of how lockdowns cut global power demand, boosted residential use, and increased the renewable share.

✅ IEA review shows at least 15% dip in daily global electricity load

✅ Lockdowns cut commercial and industrial demand; homes used more

✅ Fossil fuels fell as renewables and PV generation gained share

 

The daily demand for electricity dipped at least 15 per cent across the globe, according to Global Energy Review 2020: The impacts of the COVID-19 crisis on global energy demand and CO2 emissions, a report published by the International Energy Agency (IEA) in April 2020, even as global power demand surged above pre-pandemic levels.

The report collated data from 30 countries, including India and China, that showed partial and full lockdown measures adopted by them were responsible for this decrease.

Full lockdowns in countries — including France, Italy, India, Spain, the United Kingdom where daily demand fell about 10% and the midwest region of the United States (US) — reduced this demand for electricity.

 

Reduction in electricity demand after lockdown measures (weather corrected)


 

Source: Global Energy Review 2020: The impacts of the COVID-19 crisis on global energy demand and CO2 emissions, IEA


Drivers of the fall

There was, however, a spike in residential demand for electricity as a result of people staying and working from home. This increase in residential demand, though, was not enough to compensate for reduced demand from industrial and commercial operations.

The extent of reduction depended not only on the duration and stringency of the lockdown, but also on the nature of the economy of the countries — predominantly service- or industry-based — the IEA report said.

A higher decline in electricity demand was noted in countries where the service sector — including retail, hospitality, education, tourism — was dominant, compared to countries that had industrial economies.

The US, for example — where industry forms only 20 per cent of the economy — saw larger reductions in electricity demand, compared to China, where power demand dropped as the industry accounts for more than 60 per cent of the economy.

Italy — the worst-affected country from COVID-19 — saw a decline greater than 25 per cent when compared to figures from last year, even as power demand held firm in parts of Europe during later lockdowns.

The report said the shutting down of the hospitality and tourism sectors in the country — major components of the Italian economy — were said to have had a higher impact, than any other factor, for this fall.

 

Reduced fossil fuel dependency

Almost all of the reduction in demand was reportedly because of the shutting down of fossil fuel-based power generation, according to the report. Instead, the share of electricity supply from renewables in the entire portfolio of energy sources, increased during the pandemic, reflecting low-carbon electricity lessons observed during COVID-19.

This was due to a natural increase in wind and photovoltaic power generation compared to 2019 along with a drop in overall electricity demand that forced electricity producers from non-renewable sources to decrease their supplies, before surging electricity demand began to strain power systems worldwide.

The Power System Operation Corporation of India also reported that electricity production from coal — India’s primary source of electricity — fell by 32.2 per cent to 1.91 billion units (kilowatt-hours) per day, in line with India's electricity demand decline reported during the pandemic, compared to the 2019 levels.

 

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Victims of California's mega-fire will sue electricity company

PG&E Wildfire Lawsuit alleges utility negligence, inadequate infrastructure maintenance, and faulty transmission lines, as victims seek compensation. Regulators investigate the blaze, echoing class actions after Victoria's Black Saturday mega-fires and utility oversight failures.

 

Key Points

PG&E Wildfire Lawsuit alleges utility negligence and power line faults, seeking victim compensation amid investigations.

✅ Alleged failure to maintain transmission infrastructure

✅ Spark reports and regulator filings before blaze erupted

✅ Class action parallels with Australia's Black Saturday

 

Victims of California's most destructive wildfire have filed a lawsuit accusing Pacific Gas & Electric Co. of causing the massive blaze, a move that follows the utility's 2018 Camp Fire guilty plea in a separate case.

The suit filed on Tuesday in state court in California accuses the utility of failing to maintain its infrastructure and properly inspect and manage its power transmission lines, amid prior reports that power lines may have sparked fires in California.

The utility's president said earlier the company doesn't know what caused the fire, but is cooperating with the investigation by state agencies, and other utilities such as Southern California Edison have faced wildfire lawsuits in California.

PG&E told state regulators last week that it experienced a problem with a transmission line in the area of the fire just before the blaze erupted.

A landowner near where the blaze began said PG&E notified her the day before the wildfire that crews needed to come onto her property because some wires were sparking, and the company later promoted its wildfire assistance program for victims seeking aid.

A massive class action after Australia's last mega-fire, Victoria's Black Saturday in 2009, saw $688.5 million paid in compensation to thousands of claimants affected by the Kilmore-Kinglake and Murrindindi-Marysville fires, partly by electricity company SP Ausnet, and partly by government agencies, while in California PG&E's bankruptcy plan won support from wildfire victims addressing compensation claims.

 

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Ottawa won't oppose halt to Site C work pending treaty rights challenge

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.

#google#

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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