Fired watchdog appeals to court

By Toronto Star


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CanadaÂ’s former nuclear watchdog is seeking a judicial review into her firing by the Conservative government resulting from the shutdown of a nuclear research reactor.

Linda Keen, a long-time bureaucrat, had angered Prime Minister Stephen Harper with her handling of the Chalk River reactor shutdown that left the Conservative government scrambling and embarrassed as it coped with the shortage of medical isotopes.

The motion, submitted to the Federal Court, is the latest development in the bitter dispute between Keen and the Conservatives. She was fired as president of the Canadian Nuclear Safety Commission (CNSC) when she wouldnÂ’t okay the start-up of the aging Chalk River reactor.

“By this application for judicial review, Ms. Keen is asking the Federal Court to declare that she was unlawfully removed as president and that the November 2005 Order in Council, which reappointed her as president, remains in full force and effect,” said Ottawa lawyer Allan O’Brien.

Keen, who remains on the CNSC board, recently told ParliamentÂ’s natural resources committee that it is not the job of a nuclear regulator to ensure the production of isotopes but rather that the public is protected from nuclear accidents.

The reactor was voluntarily taken out of service by Atomic Energy Canada Ltd. because of ongoing safety concerns.

The Harper government brought in emergency legislation to override KeenÂ’s safety warnings and restart the reactor in mid-December. The CNSC is an independent quasi-judicial body meant to work at armÂ’s length from the government.

It was a month later that Natural Resources Minister Gary Lunn told Keen that the government had lost confidence in her, but when he appeared before the committee he could not cite one reason for the decision to dump Keen, who was to serve as president until 2010.

The Chalk River reactor, run by Atomic Energy of Canada Ltd., was shut down on Nov. 18 for routine maintenance, but an inspection by the regulatory staff found that mandatory safety upgrades – connecting vital cooling pumps to an emergency power supply that would work even if the area was hit with an earthquake – had not been done.

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Construction starts on disputed $1B electricity corridor

New England Clean Energy Connect advances despite court delays, installing steel poles on a Maine corridor for Canadian hydropower, while legal challenges seek environmental review; permits, jobs, and grid upgrades drive the renewable transmission project.

 

Key Points

An HV line in Maine delivering 1,200 MW of Canadian hydropower to New England to cut emissions and stabilize costs.

✅ Appeals court pauses 53-mile new section; upgrades continue

✅ 1,200 MW hydropower aims to cut emissions, stabilize rates

✅ Permits issued; environmental review litigation ongoing

 

Construction on part of a $1 billion electricity transmission corridor through sparsely populated woods in western Maine is on hold because of legal action, echoing Clean Line's Iowa withdrawal amid court uncertainty, but that doesn't mean all building has been halted.

Workers installed the first of 829 steel poles Tuesday on a widened portion of the existing corridor that is part of the project near The Forks, as the groundwork is laid for the 145-mile ( 230-kilometre ) New England Clean Energy Connect, a project central to Maine's debate over the 145-mile line moving forward.

The work is getting started even though the 1st U.S. Circuit Court of Appeals delayed construction of a new 53-mile ( 85-kilometre ) section.

Three conservation groups are seeking an injunction to delay the project while they sue to force the U.S. Army Corps of Engineers to conduct a more rigorous environmental review.

In western Maine, workers already have staged heavy equipment and timber “mats” that will be used to prevent the equipment from damaging the ground. About 275 Maine workers already have been hired, and more would be hired if not for the litigation, officials said.

“This project has always promised to provide an economic boost to Maine’s economy, and we are already seeing those benefits take shape," Thorn Dickinson, CEO of the New England Clean Energy Connect, said Tuesday.

The electricity transmission line would provide a conduit for up to 1,200 megawatts of Canadian hydropower, reducing greenhouse emissions and stabilizing energy costs in New England as states pursue Connecticut's market overhaul to improve market design, supporters say.

The project, which would be fully funded by Massachusetts ratepayers to meet the state's clean energy goals after New Hampshire rejected a Quebec-Massachusetts proposal elsewhere, calls for construction of a high-voltage power line from Mount Beattie Township on the Canadian border to the regional power grid in Lewiston, Maine.

Critics have been trying to stop the project, reflecting clashes over New Hampshire hydropower in the region, saying it would destroy wilderness in western Maine. They also say that the environmental benefits of the project have been overstated.

In addition to the lawsuit, opponents have submitted petitions seeking to have a statewide vote, even as a Maine court ruling on Hydro-Quebec exports has reshaped the legal landscape.

Sandi Howard, a leading opponent of the project, said the decision by the company to proceed showed “disdain for everyday Mainers” by ignoring permit appeals and ongoing litigation.

“For years, CMP has pushed the false narrative that their unpopular and destructive project is a ‘done deal’ to bully Mainers into submission on this for-profit project. But to be clear, we won’t stop until Maine voters (their customers), have the chance to vote,” said Howard, who led the referendum petition drive for the No CMP Corridor PAC.

The project has received permits from the Army Corps, Maine Department of Environmental Protection, Maine Land Use Planning Commission and Maine Public Utilities Commission.

The final approval came in the form of a presidential permit issued last month from the U.S. Department of Energy, providing green light for the interconnect at the Canadian border, even as customer backlash to utility acquisitions elsewhere underscores public scrutiny.

 

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London Gateway Unveils World’s First All-Electric Berth

London Gateway All-Electric Berth enables shore power and cold ironing for container ships, cutting emissions, improving efficiency, and supporting green logistics, IMO targets, and UK net-zero goals through grid connection and port electrification.

 

Key Points

It is a shore power berth supplying electricity to ships, cutting emissions and costs while boosting port efficiency.

✅ Grid connection enables cold ironing for container ships

✅ Supports IMO decarbonization and UK net-zero goals

✅ Stabilizes energy costs versus marine fuels

 

London Gateway, one of the UK’s premier deep-water ports, has unveiled the world’s first all-electric berth, marking a significant milestone in sustainable port operations. This innovative development aims to enhance the port's capacity while reducing its environmental impact. The all-electric berth, which powers vessels using electricity, similar to emerging offshore vessel charging solutions, instead of traditional fuel sources, is expected to greatly improve operational efficiency and cut emissions from ships docking at the port.

The launch of this electric berth is part of London Gateway’s broader strategy to become a leader in green logistics, with parallels in electric truck deployments at California ports that support port decarbonization, aligning with the UK’s ambitious climate goals. By transitioning to electric power, the port reduces reliance on fossil fuels and significantly lowers carbon emissions, contributing to a cleaner environment and supporting the maritime industry’s transition towards sustainability.

The berth will provide cleaner power to container ships, enabling them to connect to the grid while docked, similar to electric ships on the B.C. coast, rather than running their engines, which traditionally contribute to pollution. This innovation supports the UK's broader push for decarbonizing its transportation and logistics sector, especially as the global shipping industry faces increasing pressure to reduce its carbon footprint.

The new infrastructure is expected to increase London Gateway’s operational capacity, allowing for a higher volume of traffic while simultaneously addressing the environmental challenges posed by growing port activities. By integrating advanced technologies like the all-electric berth, and advances such as battery-electric high-speed ferries, the port can handle more shipments without expanding its reliance on traditional fuel-based power sources. This could lead to increased cargo throughput, as shipping lines are incentivized to use a greener, more efficient port for their operations.

The project aligns with broader global trends, including electric flying ferries in Berlin, as ports and shipping companies seek to meet international standards set by the International Maritime Organization (IMO) and other regulatory bodies. The IMO has set aggressive targets for reducing greenhouse gas emissions from shipping, and the UK has pledged to be net-zero by 2050, with the shipping sector playing a crucial role in that transition.

In addition to its environmental benefits, the electric berth also helps reduce the operational costs for shipping lines, as seen with electric ferries scaling in B.C. programs across the sector. Traditional fuel costs can be volatile, whereas electric power offers a more stable and predictable expense. This cost stability could make London Gateway an even more attractive port for international shipping companies, further boosting its competitive position in the global market.

Furthermore, the project is expected to have broader economic benefits, generating jobs and fostering innovation, such as hydrogen crane projects in Vancouver, within the green technology and maritime sectors. London Gateway has already made significant strides in sustainable practices, including a focus on automated systems and energy-efficient logistics solutions. The introduction of the all-electric berth is the latest in a series of initiatives aimed at strengthening the port’s sustainability credentials.

This groundbreaking development sets a precedent for other global ports to adopt similar sustainable technologies. As more ports embrace electrification and other green solutions, the shipping industry could experience a dramatic reduction in its environmental footprint. This shift could have a cascading effect on the wider logistics and supply chain industries, leading to cleaner and more efficient global trade.

London Gateway’s all-electric berth represents a forward-thinking approach to the challenges of climate change and the need for sustainability in the maritime sector. With its ability to reduce emissions, improve port capacity, and enhance operational efficiency, this pioneering project is poised to reshape the future of global shipping. As more ports around the world follow suit, the potential for widespread environmental impact in the shipping industry is significant, providing hope for a greener future in international trade.

 

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Hitachi freezes British nuclear project, books $2.8bn hit

Hitachi UK Nuclear Project Freeze reflects Horizon Nuclear Power's suspended Anglesey plant amid Brexit uncertainty, investor funding gaps, rising safety regulation costs, and a 300 billion yen write-down, impacting Britain's low-carbon electricity plans.

 

Key Points

Hitachi halted Horizon's Anglesey nuclear plant over funding and Brexit risks, recording a 300 billion yen write-down.

✅ 3 trillion yen UK nuclear project funding stalled

✅ 300 billion yen impairment wipes Horizon asset value

✅ Brexit, safety rules raised costs and investor risk

 

Japan’s Hitachi Ltd said on Thursday it has decided to freeze a 3 trillion yen ($28 billion) British nuclear power project and will consequently book a write down of 300 billion yen.

The suspension comes as Hitachi’s Horizon Nuclear Power failed to find private investors for its plans to build a plant in Anglesey, Wales, where local economic concerns have been raised, which promised to provide about 6 percent of Britain’s electricity.

“We’ve made the decision to freeze the project from the economic standpoint as a private company,” Hitachi said in a statement.

Hitachi had called on the British government to boost financial support for the project to appease investor anxiety, but turmoil over the country’s impending exit from the European Union limited the government’s capacity to compile plans, people close to the matter previously said.

Hitachi had called on the British government to boost financial support for the project to appease investor anxiety, but turmoil over the country’s impending exit from the European Union and setbacks at Hinkley Point C limited the government’s capacity to compile plans, people close to the matter previously said.

Hitachi had banked on a group of Japanese investors and the British government each taking a one-third stake in the equity portion of the project, the people said. The project would be financed one-third by equity and rest by debt.

The nuclear writedown wipes off the Horizon unit’s asset value, which stood at 296 billion yen as of September-end.

Hitachi stopped short of scrapping the northern Wales project. The company will continue to discuss with the British government on nuclear power, it said.

However, industry sources said hurdles to proceed with the project are high considering tighter safety regulations since a meltdown at Japan’s Fukushima nuclear power plant in 2011 drove up costs, even as Europe’s nuclear decline strains energy planning.

Analysts and investors viewed the suspension as an effective withdrawal and saw the decision as a positive step that has removed uncertainties for the Japanese conglomerate.

Hitachi bought Horizon in 2012 for 696 million pounds ($1.12 billion), fromE.ON and RWE as the German utilities decided to sell their joint venture following Germany’s nuclear exit after the Fukushima accident.

Hitachi’s latest decision further dims Japan’s export prospects, even as some peers pursue UK offshore wind investments to diversify.

Toshiba Corp last year scrapped its British NuGen project after its US reactor unit Westinghouse went bankrupt, while Westinghouse in China reported no major impact, and it failed to sell NuGen to South Korea’s KEPCO.

Mitsubishi Heavy Industries Ltd has effectively abandoned its Sinop nuclear project in Turkey, a person involved in the project previously told Reuters, as cost estimates had nearly doubled to around 5 trillion yen.

 

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Elizabeth May wants a fully renewable electricity grid by 2030. Is that possible?

Green Party Mission Possible 2030 outlines a rapid transition to renewable energy, electric vehicles, carbon pricing, and grid modernization, phasing out oil and gas while creating green jobs, public transit upgrades, and building retrofits.

 

Key Points

A Canadian climate roadmap to decarbonize by 2030 via renewables, EVs, carbon pricing, and grid upgrades.

✅ Ban on new gas cars by 2030; accelerate EV adoption and charging.

✅ 100 percent renewable-powered grid with interprovincial links.

✅ Just transition: retraining, green jobs, and building retrofits.

 

Green Party Leader Elizabeth May has a vision for Canada in 2030. In 11 years, all new cars will be electric. A national ban will prohibit anyone from buying a gas-powered vehicle. No matter where you live, charging stations will make driving long distances easy and affordable. Alberta’s oil industry will be on the way out, replaced by jobs in sectors such as urban farming, renewable energy and retrofitting buildings for energy efficiency. The electric grid will be powered by 100 per cent renewable energy as Canada’s race to net-zero accelerates.

It’s all part of the Greens’ “Mission Possible” – a detailed plan released Monday with a level of ambition made clear by its very name. May insists it’s the only way to confront the climate crisis head-on before it’s too late.

“We have to set our targets on what needs to be done. You can’t negotiate with physics,” May told CTV’s Power Play on Monday.

But is that 2030 vision realistic?

CTVNews.ca spoke with experts in economics, political policy, renewable energy and climate science to explore how feasible May’s plan is, how much it would cost and what transitioning to an environmentally-centred economy would look like for everyday Canadians.

 

MOVING TO A GREEN ECONOMY

Recent polling from Nanos Research shows that the environment and climate change is the top issue among voters this election.

If the Greens win a majority on Oct. 21 – an outcome that May herself acknowledged isn’t likely – it would signal a major restructuring of the Canadian economy.

According to the party’s platform, jobs in the fuels sectors, such as oil and gas production in Alberta, would eventually disappear. The Greens say those job losses would be replaced by opportunities in a variety of fields including renewable energy, farming, public transportation, manufacturing, construction and information technology.

The party would also introduce a guaranteed livable income and greater support for technical and educational training to help workers transition to new jobs.

But Jean-Thomas Bernard, an economist who specializes in energy markets, said plenty of people in today’s energy sector, such as oil and gas workers, wouldn’t have the skills to make that transition.

“Quite a few of these jobs have low technical requirements. Driving a truck is driving a truck. So quite few of these people will not have the capacity to be recycled into well-paid jobs in the renewable sector,” he said.

“Maybe this would be for the young generation, but not people who are 40, 45, 50.”

Ryan Katz-Rosene is an associate professor at the University of Ottawa who researches environmental policy. He says May’s overall pitch is technically possible but would require a huge amount of enthusiasm on behalf of the public. 

“The plan in itself is not physically impossible. It is theoretically achievable. But it would require a major, major change in the urgency and the level of action, the level of investment, the level of popular urgency, the level of political commitment,” he said.

“But it’s not completely fantastical in it being theoretically impossible.”

 

PHASING OUT BITUMEN PRODUCTION

Katz-Rosene said that, under the Greens’ plan, Canadians would need to pay for a bold carbon pricing plan that helps shift the country away from fossil fuels and has significant implications for electricity grids, he said. It would also mean dramatically upscaling the capacity of Canada’s existing electrical grid to account for millions of new electric cars, reflecting the need for more electricity to hit net-zero as demand grows.

 “Given Canada’s slow attempt to climate action and pretty lacklustre results in these years, to be frank, this plan is very, very difficult to achieve. We’re talking 11 years from now. But things change, people change, and sometimes that change can occur very quickly. Just look at the type of climate mobilization we’re seen among young people in the last year, or the last five years.”

Bernard, the economist, is less optimistic. He cited international agreements such as the Kyoto Protocol from 1997 and the more recent Paris Climate Agreement and said that little has come of those plans.

A climate solution with teeth, he suggests, would need to be global – something that no federal government can completely control.

“I find a lot this talk to be overly optimistic. I don’t know why we keep having this talk that is overly optimistic,” he said, adding that he believes humankind is already beyond the point of being able to stop irreversible climate change. 

“I think we are moving toward a mess, but the effort to control that is still not there.”

As for transitioning away from Canada’s oil industry, Bernard said May’s plan simply wouldn’t work.

“Trying to block some oil production here and there means more oil will be produced elsewhere,” he said. “Canada could become a clean country, but worldwide it would not be much.”

Mike Hudema, a climate organizer with Greenpeace Canada, thinks the Green Party’s promises for 2030 are big – and that’s kind of the point.

“They are definitely ambitious, but ambition is exactly what these times call for.  Unfortunately our government has delayed acting on this problem for so long that we have a very short timeline which we have to turn the ship,” he said.

“So this is the type of ambition that the science is calling for. So yes, I believe that if we here in Canada were to put our minds to addressing this problem, then we have the ability to reach it in that 2030 timeframe.”

In a statement to CTVNews.ca, a Green Party spokesperson said the 2030 timeline is intended to meet the 45 per cent reduction in emissions by 2030 as laid out by the Intergovernmental Panel on Climate Change.

“If we miss the 2030 target, we risk triggering runaway global warming,” the spokesperson said.

 

GREENING THE GRID BY 2030

Greening Canada’s existing electric grid – a goal May has pegged to 2030 – is quite feasible, Katz-Rosene said, and cleaning up Canada’s electricity is critical to meeting climate pledges. Already, 82 per cent of the country’s electric grid is run off of renewable resources, which makes Canada a world leader in the field, he said.

Hudema agrees.

“It is feasible. Canada does have a grid already that has a lot of renewables in it. So yes we can definitely make it over the hump and complete the transition. But we do need investments in our electric grid infrastructure to ensure a certain capability. That comes with tremendous job growth. That’s the exciting part that people keep missing,” Hudema said.

But Bernard said switching the grid to 100 per cent renewables would be quite difficult. He suggested that the Greens’ 2030 vision would require Ontario and Quebec’s hydro production to help power the Prairies.

“To think we could boost (hydro production) much more in order to meet Saskatchewan and Alberta’s needs? Oh boy. To do this before 2030? I think that’s not reasonable, not feasible.”

In a statement to CTV News, the Greens said their strategy includes building new connections between eastern Manitoba and western Ontario to transmit clean energy. They would also upgrade existing connections between New Brunswick and Nova Scotia and between B.C. and Alberta to boost reliability.

A number of “micro-grids” in local communities capable of storing clean energy would help reduce the dependency on nationwide distribution systems, the party said.

Even so, the Greens acknowledged that, by 2030, some towns and cities will still be using some fossil fuels, and that even by 2050 – the goal for achieving overall carbon neutrality – some “legacy users” of fossil fuels will remain.

However, according to party projections, the emissions of these “legacy users” would be at most 8 per cent of today’s levels and those emissions would be “more than completely offset” by re-forestation and new technologies, such as CO2 capture and storage.

 

ELECTRIC VEHICLE REVOLUTION

The Green Party’s platform promises to revolutionize the Canadian auto sector. By 2030, all new cars made in Canada would be electric and federal EV sales regulations would prohibit the sale of cars powered by gasoline.

Danny Harvey, a geography professor with the University of Toronto who specializes in renewable energy, said he thinks May’s plan for making a 100 per cent renewable-powered electric grid is feasible.

On cars, however, he thinks the emphasis on electric vehicles is “misplaced.”

“At this point in time we should be requiring automobiles to transition, by 2030, to making cars that can go three times further on a litre of gasoline than at present. This would require selling only advanced hybrid-electric vehicles (HEVs), which would run entirely on gasoline (like current HEVs),” he said.

“After that, and when the grid is fully ready, we could make the transition to fully electric or plugin hybrid electric vehicles, possibly using H2 for long-distance driving.”

At the moment, zero-emissions vehicles account for just over 2 per cent of annual vehicle sales in Canada. Katz-Rosene said that “isn’t a whole lot,” but the industry is on an exponential growth curve that doesn’t show any signs of slowing.

The trouble with May’s 2030 goal on electric vehicles, he said, has to do with Canadians’ taste in vehicles. In short: Canadians like trucks.

“The biggest obstacle I see is that I don’t even think it’s possible to get a light-duty truck, a Ford F150, in an electric model in Canada. And that’s the most popular type of vehicle,” he said.

However, if a zero emissions truck were on the market – something that automakers are already working on – then that could potentially shake things up, especially if the government introduces incentives for electric vehicles and higher taxes on gasoline, he said.

 

WHAT ABOUT THE COST?

CTVNews.ca reached out to the Green Party to ask how it would pay to revamp the electrical grid. The party did not give a precise figure but said that the plan “has been estimated to cost somewhat less” than the Trans Mountain Pipeline expansion.

The Greens have vowed to scrap the expansion and put that money toward the project.

Upgrading the electric grid to 100 per cent sustainable energy would also be a cost-effective, long-term solution, the Greens believe, though critics say Ottawa is making electricity more expensive for Albertans amid the transition.

“Current projects for renewable energy in Canada and worldwide are consistently at lower capital and operating costs than any type of fossil, hydro or nuclear energy project,” the party spokesperson said.

The party’s platform includes other potential sources of money, including closing tax loopholes for the wealthy, cracking down on offshore tax dodging and a new corporate tax on e-commerce companies, such as Facebook, Amazon and Netflix. The Greens have also vowed to eliminate all fossil fuel subsidies.

As for the economic realities, Katz-Rosene acknowledged that May’s plan may appeal to “radical” voters who view economic growth as anathema to addressing climate change.

But while May’s plan would be disruptive, it isn’t anti-capitalist, he said.

“It’s restrained capitalism. But it by no means an anti-capitalist platform, and none of the parties have an anti-capitalist platform by any stretch of the imagination,” Katz-Rosene said.

From an economist’s perspective, Bernard said the plan is still “very costly” and that taxes can only go so far.

“In the end, no corporation operates at a loss. At some stage, these taxes have to go to the users,” he said.

But conversations around money must also consider the cost of inaction on climate change, Hudema said.

“Costing (Elizabeth May) is always a concern and how we’re going to afford these things is something we definitely need to keep top of mind. But within that conversation we need to look at what is the cost of not doing what is in line with what the science is saying. I would say that cost is much more substantial.”

“The forecast, if we don’t act – it’s astronomical.”

 

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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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Court quashes government cancellation of wind farm near Cornwall

Nation Rise Wind Farm Ruling overturns Ontario cancellation, as Superior Court finds the minister's decision unreasonable; EDP Renewables restarts 100-megawatt project near Cornwall, citing jobs, clean energy, and procedural fairness over bat habitat concerns.

 

Key Points

Ontario court quashes cancellation, letting EDP Renewables finish 100 MW Nation Rise project and resume clean energy.

✅ Judges call minister's decision unreasonable, unfair

✅ EDP Renewables to restart construction near Cornwall

✅ 100 MW, 29 turbines; costs awarded, appeal considered

 

Construction of a wind farm in eastern Ontario, as wind power makes gains nationwide, will move ahead after a court quashed a provincial government decision to cancel the project.

In a ruling released Wednesday, a panel of Ontario Superior Court judges said the province's decision to scrap the Nation Rise Wind Farm in December 2019 did not meet the proper requirements.

At the time, Environment Minister Jeff Yurek revoked the approvals of the project near Cornwall, Ont., citing the risk to three bat species.

That decision came despite a ruling from the province's Environmental Review Tribunal that determined the risk the project posed to the bat population was negligible.

The judges said the minister's decision was "unreasonable" and "procedurally unfair."

"The decision does not meet requirements of transparency, justification, and intelligibility, as the Minister has failed to adequately explain his decision," the judges wrote in their decision.

The company behind the project, EDP Renewables, said the 29-turbine wind farm was almost complete when its approval was revoked in December, even as Alberta saw TransAlta scrap a wind farm in a separate development.

The company said Thursday it plans to restart construction on the 100-megawatt wind farm.

"EDPR is eager to recommence construction of the Nation Rise Wind Farm, which will bring much-needed jobs and investment to the community," the company said in a statement. "This delay has resulted in unnecessary expenditures to-date, at a time when governments and businesses should be focused on reducing costs and restarting the economy."

A spokesman for Yurek said the government is disappointed with the outcome of the case but did not comment on a possible appeal.

"At this time, we are reviewing the decision and are carefully considering our next steps," Andrew Buttigieg said in a statement.

NDP climate change critic Peter Tabuns said the court decision is an embarrassment for the minister and the government. He urged the government not to pursue an appeal.

Yurek "was found to have ignored the evidence and the facts," he said. "They didn't just lose, their case collapsed. They had nothing to stand on. Taking this to appeal would be a complete and total waste of money."

Green party Leader Mike Schreiner said the ruling proves the government was acting based on ideology over evidence when it revoked the project's approval.

"As we shift towards a post-COVID recovery, we need the Ford government to give up the irrational crusade against affordable and reliable clean energy," Schreiner said in a statement.

Last year, the NDP revealed the province had spent $231 million to cancel more than 750 renewable energy contracts, a move Ford said he was proud of, shortly after winning the 2018 election.

The Progressive Conservatives have blamed the previous Liberal government, as leadership candidates debate how to fix power, for signing the bad energy deals while the province had an oversupply of electricity.

The Ford government, amid a new stance on wind power, has also said that by cancelling the contracts it would ultimately save ratepayers $790 million -- a figure industry officials have disputed.

At the time of the wind farm cancellation, the government also said it would introduce legislation that would protect consumers from any costs incurred, though a developer warned cancellations could exceed $100M at the time.

It has since acknowledged it will have to pay some companies to cancel the deals and set aside $231 million to reach agreements with those firms, and more recently has moved to reintroduce renewable projects in some cases.

On Wednesday, the judges awarded Nation Rise $126,500 in costs, which the government will have to pay.

 

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