Baltimore banker suing Constellation for $65 million

By Pacific Business News


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Baltimore banker and developer Edwin F. Hale Sr. is suing Constellation Energy Group Inc. for about $65 million, claiming the utility giant breached a contract, violated Maryland utilities law and misguided him in the development of an energy plant for his $150 million Canton Crossing office tower.

In a lawsuit filed July 17 in Baltimore City Circuit Court, Hale, CEO of First Mariner Bancorp, alleges Constellation officials knowingly entered into an unlawful deal in 2005 that would allow Hale to sell and distribute electricity supplied by a Constellation affiliate to any other nearby development in which he was at least part owner or tenant. Hale claims in his lawsuit that this arrangement — as it was revised in 2007 to make Constellation the owner of the plant’s equipment — should be voided because it violates state laws on distribution of electricity.

Hale is seeking $60 million in damages related to the cost of building the power plant and $4.5 million in energy consumption charges incurred after ConstellationÂ’s affiliate took ownership of the facilityÂ’s equipment in 2007.

Hale also is asking the court to prevent Constellation, the parent company of Baltimore Gas and Electric Co., from turning the lights out at the 17-story First Mariner Tower along Boston Street in Canton, where First Mariner Bank, CareFirst BlueCross BlueShield, Prometric and 12 other businesses have offices. Hale claims in his lawsuit that as part of a July 13 default letter sent from Constellation to Hale, the utility says it has the right to cut off power and water to the mixed-use Canton Crossing project if Hale does not pay $493,407 in overdue bills.

“An interruption in electric power would cause irreparable harm to those tenants and the members of the public they serve,” according to Hale’s lawsuit.

Hale could not be reached for comment.

Robert L. Gould, the spokesman for Constellation, said: “Constellation Energy strongly disputes and denies the allegations made in the complaint and looks forward to the opportunity to address the allegations in detail in its upcoming court filings.” As of August 6, Constellation had not filed a response to Hale’s lawsuit.

The lawsuit stems from an agreement the two sides struck in April 2005. At that time, Constellation Energy Projects and Services Group LLC, an affiliate of Constellation Energy Group, signed an $18.8 million contract to design and operate the utility plant at Canton Crossing, which is projected to include as much as 2.5 million square feet of office, retail and residential space. The deal was altered in 2007 to make Constellation owner of the plantÂ’s equipment.

The lawsuit also offers an insiderÂ’s view of the development of the massive Canton Crossing project during the past five years. It provides clues as to why Hale has been unable to move the project forward, perhaps irrespective of the ongoing recession that has slowed many other commercial projects in the area.

Questions about the cost, ownership structure and viability of the distribution plant caused at least one developer to pull out of its plans to build condominiums at Canton Crossing and prompted many lenders to decline financing the project, according to HaleÂ’s lawsuit.

And while the suit is not related to business at First Mariner Bank — other than a possible disruption in electric power — it does reveal one more financial obstacle Hale is trying to overcome in this recession. Hale’s First Mariner Bancorp recently reported a second-quarter loss of $2.4 million — much wider than the $469,000 the bank lost during second quarter 2008.

At the core of HaleÂ’s complaint against Constellation, which itself reported an 84 percent drop in second-quarter earnings, is the utility distribution facility on Clinton Street near Canton CrossingÂ’s 22-acre campus.

Hale says in the lawsuit that initial plans for Canton Crossing — as designed by Baltimore architecture firm Whitney Bailey Cox & Magnani in 2002 and 2003 — included a 5,000-square-foot power plant either in or adjacent to First Mariner Tower that would power the 475,000-square-foot office building and cost $7.5 million to build and equip. But after consulting in 2003 with officials of Constellation Energy Products and Services, Hale says in the lawsuit he opted to build a larger power distribution plant on a different parcel of land already set aside for another office building.

From this larger power plant, Constellation told Hale he would be able to distribute electricity and hot and cold water to other nearby facilities he at least partially owned, leased or occupied, including those at Canton Crossing, “at rates in excess of actual cost,” Hale claims in the lawsuit. Constellation told Hale, according to the lawsuit, that he also could charge other developers hook-up fees of between $10 million and $20 million, which would help offset the cost of building the larger power distribution plant.

Such a deal never happened, and “consequently Hale was unable to consummate any transactions for further development” at Canton Crossing, according to the lawsuit.

One of those transactions was supposed to be KSI Services Inc.Â’s development of 500 condos at Canton Crossing. In April 2005, KSI, referred to in the lawsuit as Bayview LLC and now known as Kettler, bought land for its condos and parking garage at Canton Crossing for $15 million.

But the Virginia-based contractor pulled out of the project in April 2006 after determining that the “cost, quality and reliability” of the power plant at Canton Crossing was not “equal to or better than comparable services from public utilities,” according to the lawsuit. Hale was forced to repay $15 million to reacquire the land from KSI.

Christopher LoPiano, former senior project executive for KSI, said the power issue had nothing to do with his firmÂ’s decision not to build condos at Canton Crossing. It was more a business decision, in part driven by the slumping real estate market, he said.

But LoPiano, now with Washington, D.C., developer City Interests LLC, said KSIÂ’s legal department determined it would not have been able to connect to the Canton Crossing power source. He said thatÂ’s because it would have bound the condominium owners to a private utility contract in violation of state laws. He said if KSI were going to move forward with the project, it would have needed to build its own power supply into the condo buildings.

Another developer, Bush Cos. of Virginia, backed out of a 500-unit condo project at Canton Crossing in May 2008 for similar reasons, said Kenneth B. Frank, one of HaleÂ’s attorneys.

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Rolls-Royce signs MoU with Exelon for compact nuclear power stations

Rolls-Royce and Exelon UKSMR Partnership accelerates factory-built small modular reactors, nuclear power, clean energy, 440MW units, advanced manufacturing, fleet deployment, net zero goals, and resilient, low-cost baseload generation in the UK and globally.

 

Key Points

A partnership to deploy factory-built SMR stations, providing 440MW low-carbon baseload for the UK and export markets.

✅ 440MW factory-built SMR units with rapid modular assembly

✅ Exelon to operate and enhance high capacity factors

✅ Supports UK net zero, jobs, and export-led manufacturing

 

Rolls-Royce and Exelon Generation have signed a Memorandum of Understanding to pursue the potential for Exelon Generation to operate compact nuclear power stations both in the UK and internationally, including markets such as Canada where New Brunswick SMR questions are prompting public debate today.

Exelon Generation will be using their operational experience to assist Rolls Royce in the development and deployment of the UKSMR.

Rolls-Royce is leading a consortium that is designing a low-cost factory built nuclear power station, known as a small modular reactor (SMR), with UK mini-reactor approval anticipated as development progresses. Its standardised, factory-made components and advanced manufacturing processes push costs down, while the rapid assembly of the modules and components inside a weatherproof canopy on the power station site itself avoid costly schedule disruptions.

The consortium is working with its partners and UK Government to secure a commitment for a fleet of factory built nuclear power stations, each providing 440MW of electricity, to be operational within a decade, helping the UK meet its net zero obligations in line with the green industrial revolution policy set out by government. A fleet deployment in the UK will lead to the creation of new factories that will make the components and modules which will help the economy recover from the Covid-19 pandemic and pave the way for significant export opportunities as well.

The consortium members feature the best of nuclear engineering, construction and infrastructure expertise in Assystem, Atkins, BAM Nuttall, Jacobs, Laing O'Rourke, National Nuclear Laboratory, Nuclear Advanced Manufacturing Research Centre, Rolls-Royce and TWI. Exelon will add valuable operational experience to the team.

Tom Samson, interim Chief Executive Officer of the UKSMR consortium, said: 'Nuclear power is central to tackling climate change and economic recovery, but it must be affordable, reliable and investable and the way we manufacture and assemble our power station brings its cost down to be comparable with offshore wind.

'It's a compelling proposition that could draw new players into the UK's power generation landscape, improving choice for consumers and providing uninterrupted low carbon energy to homes and businesses.

'The opportunity to partner with Exelon is a very exciting prospect for our program, complementing our existing Consortium partnerships with one of the world's largest nuclear operator adds an important dimension to our growth ambitions, embodies the strength of the UK and USA alliance on nuclear matters and reflects wider international moves, such as a Canadian premiers' SMR initiative to accelerate technology development, and offers our future customers the ability to achieve the highest performance standards associated with Exelon's outstanding operational track record.'

The power stations will be built by the UKSMR consortium, before being handed over to be operated by power generation companies. Exelon Generation will work closely with the consortium during the pre-operation period. Exelon Nuclear operates 21 nuclear reactors in America, and U.S. regulators recently issued a final safety evaluation for a NuScale SMR that underscores momentum in the sector. The Exelon nuclear fleet is an integral part of the U.S. clean power mix; it produces more than 158 million megawatt-hours of clean electricity every year.

Bryan Hanson, EVP and COO of Exelon Generation said: 'We believe that SMRs are a crucial part of the world's clean energy mix, as projects like Darlington SMRs advance in Ontario. With our experience both in the US and internationally, Exelon is confident that we can help Rolls Royce ensure SMRs play a key role in the UK's energy future. We've had a very strong record of performance for 20 consecutive years, with a 2019 capacity factor of 95.7 percent. We will leverage this experience to achieve sustainably high capacity factors for the UKSMRs.'

Ralph Hunter, Managing Director of Exelon Nuclear Partners, who runs Exelon's international clean energy business, said: 'We have a strong track record of success to be the operator of choice for the UKSMR. We will help develop operational capability, training and human capacity development in the UK, as utilities such as Ontario Power Generation commit to SMRs abroad, ensuring localisation of skills and a strong culture of safety, performance and efficiency.'

By 2050 a full UK programme of a fleet of factory built nuclear power stations in the UK could create:

Up to 40,000 jobs GBP52BN of value to the UK economy GBP250BN of exports

The current phase of the programme has been jointly funded by all consortium members and UK Research and Innovation.

 

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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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N.S. joins Western Climate Initiative for tech support for emissions plan

Nova Scotia Cap-and-Trade Program joins Western Climate Initiative to leverage emissions trading IT systems, track allowances, and manage compliance, while setting in-province caps, carbon pricing signals, and third-party verified reporting for industrial and fuel suppliers.

 

Key Points

A provincial emissions trading system using WCI services to cap GHGs, track allowances, and enforce verified compliance.

✅ Uses WCI IT system to manage allowances and registry

✅ Initial trading limited to in-province participants

✅ Third-party verification and annual reporting deadlines

 

Nova Scotia is yet to set targets for its new cap and trade regime to reduce greenhouse gases, but the province announced Monday that it has joined the Western Climate Initiative Inc. -- a non-profit corporation formed to provide administrative and technical services to states and provinces with emissions trading programs.

Environment Minister Iain Rankin said joining the initiative would allow the province to use its IT system to manage and track its new cap and trade program.

Rankin said the province can join without trading greenhouse gas emission allowances with other jurisdictions -- California, Quebec, and Ontario are currently linked through the program, with Hydro-Québec's U.S. sales highlighting cross-border dynamics. Nova Scotia currently has no plans to trade outside the province as it works on emissions caps Rankin said will be ready sometime in June.

#google#

Nova Scotia is yet to set targets for its new cap and trade regime to reduce greenhouse gases, but the province announced Monday that it has joined the Western Climate Initiative Inc. -- a non-profit corporation formed to provide administrative and technical services to states and provinces with emissions trading programs.

Environment Minister Iain Rankin said joining the initiative would allow the province to use its IT system to manage and track its new cap and trade program.

Rankin said the province can join without trading greenhouse gas emission allowances with other jurisdictions -- California, Quebec, and Ontario are currently linked through the program. Nova Scotia currently has no plans to trade outside the province as it works on emissions caps Rankin said will be ready sometime in June.

"By keeping our system internal it ensures that our greenhouse gas reductions are happening within our province," said Rankin. "But we do have that opportunity (to join) and if there are new entrants or we need more access to credits then that may shift our strategy."

The use of the system will cost Nova Scotia about US$314,000 for 2018-19, with an annual cost in subsequent years of about US$228,000 or more, if the province requests modifications.

"If we were to do something like that internally we would have to build a full database and hire more people, so this was an obvious choice for us," said Rankin.

Nova Scotia has already met the national reduction target of 30 per cent below 2005 levels and says it's on track to have 40 per cent of electricity generation from renewables by 2020, underscoring how cleaning up Canada's electricity supports climate pledges.

Stephen Thomas, energy campaign coordinator for the Ecology Action Centre, called the province's move an "important small step," stressing the importance of using the same administrative rules as the other jurisdictions involved.

But Thomas said Nova Scotia should go further and trade emissions with California, Quebec, and Ontario, and also put a price on carbon by auctioning credits as they do.

Thomas said Nova Scotia's system stands to be volatile because of the smaller number of participants -- about 20 including Nova Scotia Power, Northern Pulp, Lafarge, and large oil and gasoline companies such as ExxonMobil, Imperial and Irving.

"It's very likely to favour Nova Scotia Power as the largest single emitter with the most credits to sell here, and that would change if we had a linked system, at a time when Canada will need more electricity to hit net-zero according to the IEA," Thomas said.

He said it's important to have a linked system and a regional approach in Atlantic Canada, which has more emissions per person and more emissions per GDP than places like Ontario, Quebec and California, and where policies like Newfoundland's rate reduction plan can influence electricity strategy.

"Reducing emissions, because we are so emissions-intensive here, is a little bit cheaper," said Thomas. "So it's possible that Ontario, Quebec and California could pay Nova Scotia to reduce its emissions."

Under its program, Nova Scotia requires industrial facilities generating 50,000 tonnes or more of greenhouse gas emissions per year to report emissions.

Regulations also cover petroleum product suppliers that import or produce 200 litres of fuel or more per year for consumption and natural gas distributors whose products produce at least 10,000 tonnes of greenhouse gas emissions a year.

Companies were to have reported to the Environment Department by May 1 but Rankin said the deadline has been pushed back to June 1, a deadline that was to be followed in subsequent years in any event. Reports must be verified by a third party by Sept. 1 every year.

The Liberal government passed enabling legislation for cap and trade last fall.

As for the upcoming emissions caps, Rankin isn't tipping the province's hand yet, even as B.C.'s 2050 targets face a shortfall in some forecasts.

"Those caps will recognize the investments that have already been made and therefore will be the most cost-effective program that we can put together to meet the federal requirement," he said.

 

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Smaller, cheaper, safer: Next-gen nuclear power, explained

MARVEL microreactor debuts at Idaho National Laboratory as a 100 kW, liquid-metal-cooled, zero-emissions generator powering a nuclear microgrid, integrating wind and solar for firm, clean energy in advanced nuclear applications research.

 

Key Points

A 100 kW, liquid-metal-cooled INL reactor powering a nuclear microgrid and showcasing zero-emissions clean energy.

✅ 100 kW liquid-metal-cooled microreactor at INL

✅ Powers first nuclear microgrid for applications testing

✅ Integrates with wind and solar for firm clean power

 

Inside the Transient Reactor Test Facility, a towering, windowless gray block surrounded by barbed wire, researchers are about to embark on a mission to solve one of humanity’s greatest problems with a tiny device.

Next year, they will begin construction on the MARVEL reactor. MARVEL stands for Microreactor Applications Research Validation and EvaLuation. It’s a first-of-a-kind nuclear power generator with a mini-reactor design that is cooled with liquid metal and produces 100 kilowatts of energy. By 2024, researchers expect MARVEL to be the zero-emissions engine of the world’s first nuclear microgrid at Idaho National Laboratory (INL).

“Micro” and “tiny,” of course, are relative. MARVEL stands 15 feet tall, weighs 2,000 pounds, and can fit in a semi-truck trailer. But it's minuscule compared to conventional nuclear power plants, which span acres, produces gigawatts of electricity to power whole states, and can take more than a decade to build.

For INL, where scientists have tested dozens of reactors over the decades across an area three-quarters the size of Rhode Island, it’s a radical reimagining of the technology. This advanced reactor design could help overcome the biggest obstacles to nuclear energy: safety, efficiency, scale, cost, and competition. MARVEL is an experiment to see how all these pieces could fit together in the real world.

“It’s an applications test reactor where we’re going to try to figure out how we extract heat and energy from a nuclear reactor and apply it — and combine it with wind, solar, and other energy sources,” said Yasir Arafat, head of the MARVEL program.

The project, however, comes at a time when nuclear power is getting pulled in wildly different directions, from phase-outs to new strategies like the UK’s green industrial revolution that shapes upcoming reactors.

Germany just shut down its last nuclear reactors. The U.S. just started up its first new reactor in 30 years, underscoring a shift. France, the country with the largest share of nuclear energy on its grid, saw its atomic power output decline to its lowest since 1988 last year. Around the world, there are currently 60 nuclear reactors under construction, with 22 in China alone.

But the world is hungrier than ever for energy. Overall electricity demand is growing: Global electricity needs will increase nearly 70 percent by 2050 compared to today’s consumption, according to the Energy Information Administration. At the same time, the constraints are getting tighter. Most countries worldwide, including the U.S., have committed to net-zero goals by the middle of the century, even as demand rises.

To meet this energy demand without worsening climate change, the U.S. Energy Department’s report on advanced nuclear energy released in March said, “the U.S. will need ~550–770 [gigawatts] of additional clean, firm capacity to reach net-zero; nuclear power is one of the few proven options that could deliver this at scale.”

The U.S. government is now renewing its bets on nuclear power to produce steady electricity without emitting greenhouse gases. The Bipartisan Infrastructure Law included $6 billion to keep existing nuclear power plants running. In addition, the Inflation Reduction Act, the U.S. government’s largest investment in countering climate change, includes several provisions to benefit atomic power, including tax credits for zero-emissions energy.

“It’s a game changer,” said John Wagner, director of INL.

The tech sector is jumping in, too, as atomic energy heats up across startups and investors. In 2021, venture capital firms poured $3.4 billion into nuclear energy startups. They’re also pouring money into even more far-out ideas, like nuclear fusion power. Public opinion has also started moving. An April Gallup poll found that 55 percent of Americans favour and 44 percent oppose using atomic energy, the highest levels of support in 10 years.

 

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Shocking scam: fraudster pretending to be from BC Hydro attempts to extort business

BC Hydro Bitcoin Scam targets small businesses with utility impersonation, call spoofing, and disconnection threats, demanding prepaid cards, cash cards, or bitcoin. Learn payment policies and key warning signs to avoid costly power shutoffs.

 

Key Points

A phone fraud where impostors threaten power disconnection and demand immediate payment via bitcoin or prepaid cards.

✅ Demands bitcoin, cash cards, or prepaid credit within minutes

✅ Uses caller ID spoofing and utility impersonation tactics

✅ BC Hydro never takes bitcoin or prepaid cards for bills

 

'I've gotta give him very high marks for being a good scammer,' says almost-fooled business owner

It's an old scam with a new twist.

Fraudsters pretending to be BC Hydro representatives are threatening to disconnect small business owners' power, mirroring Toronto Hydro scam warnings recently, unless they send in cash cards, prepaid credit cards or even bitcoin right away.

Colin Mackintosh, owner of Trans National Art in Langley, B.C., said he almost was fooled by one such scammer.

It was just before quitting time on Thursday at his shop when he got an unpleasant phone call.

"The phone rings. My partner hands me the phone and this fellow says to me that he's outside, he works with BC Hydro and he has a disconnect notice," Mackintosh said.

The caller, Mackintosh said, claimed that if an immediate payment wasn't made they'd cut off the company's power.

'Very well done'

BC Hydro says the scam has been around for a while, and amid commercial power use during COVID-19 in B.C., demanding payment in bitcoin is a new wrinkle.

Fraudsters mostly target small businesses because losing their power for a day or two would be a huge financial hit, a spokesperson said.

Mackintosh said the scammer knew all about the business. His number even showed up as BC Hydro on the call display, and the utility has faced scrutiny in a regulator report unrelated to such scams.

"He had all the answers to every question I seemed to have for him.  Very professional. Very well done. I've gotta give him very high marks for being a good scammer," Mackintosh said.

The caller demanded Mackintosh make an immediate payment at the nearest BC Hydro kiosk. Mackintosh was directed to drive to a certain address to make the payment.

He was ready to pay hundreds of dollars but when he got to the address, there was no kiosk: just a tire shop and inside something that looked like a cash machine but was actually a bitcoin ATM.

"At the very top of it, in little letters, it said 'Bit Coin,'" Mackintosh said. "As soon as I saw those two words, I told him in two expressive words what I thought of him and I hung up the phone."

 

Scam increasing

BC Hydro spokesperson Mora Scott said fraudsters target small businesses because their livelihoods depend on power, and customers face pressures highlighted in a deferred costs report as well.

"Fraudsters will reach out to our customers pretending to be B.C. Hydro representatives," said Scott.

"They'll demand an immediate payment or they'll disconnect their power. This did start to surface around 2015 but we have seen an increase recently."

Scott said that BC Hydro will never ask for banking information over the phone and does not accept cash card, prepaid credit cards or bitcoin as payment, and customers can consult BC Hydro bill relief for legitimate assistance.

 

 

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ATCO Electric agrees to $31 million penalty following regulator's investigation

ATCO Electric administrative penalty underscores an Alberta Utilities Commission probe into a sole-sourced First Nation contract, Jasper transmission line overpayments, and nondisclosure to ratepayers, sparked by a whistleblower and pending settlement approval.

 

Key Points

A $31M AUC settlement over alleged overpayment, sole-sourcing, and nondisclosure tied to a Jasper transmission line.

✅ $31M administrative penalty; AUC settlement pending approval

✅ Sole-sourced First Nation contract to protect related ATCO deal

✅ Overpayment concealed when seeking recovery from ratepayers

 

Regulated Alberta utility ATCO Electric has agreed to pay a $31 million administrative penalty after an Alberta Utilities Commission utilities watchdog investigation found it deliberately overpaid a First Nation group for work on a new transmission line, and then failed to disclose the reasons for it when it applied to be reimbursed by ratepayers for the extra cost.

An agreed statement of facts contained in a settlement agreement between ATCO Electric Ltd. and the commission's enforcement staff says the company sole-sourced a contract in 2018 for work that was necessary for an electric transmission line to Jasper, Alta., even as BC Hydro marked a Site C transmission line milestone elsewhere.

The company that won the contract was co-owned by the Simpcw First Nation in Barriere, B.C., while debates over a First Nations electricity line in Ontario underscore related issues, and the agreement says one of the reasons for the sole-sourcing was that another of Calgary-based ATCO's subsidiaries had a prior deal with the First Nation for infrastructure projects that included the provision of work camps on the Trans Mountain Pipeline expansion project.

The statement of facts says ATCO Electric feared that if it didn't grant the contract to the First Nation group and instead put the work to tender, amid legal pressures such as a treaty rights challenge, the group might back out of its deal with ATCO Structures and Logistics and partner with another, non-ATCO company on the Trans Mountain work.

The agreed statement says ATCO Electric paid several million dollars more than market value for some of the Jasper line work, while a Manitoba-Minnesota line delay was being weighed in another jurisdiction, and staff attempted to conceal the reasons for the overpayment when they sought to recover the extra money from Alberta consumers.

It states the investigation was sparked by a whistleblower, and notes the agreement between the utility commission's enforcement staff and ATCO Electric must still be approved by the Alberta Utilities Commission, a process comparable to hearings that consider oral traditional evidence on interprovincial lines.

The commission must be satisfied the settlement is in the public interest, a consideration often informed by concerns from Site C opponents in other regions.

 

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