Ontario, Quebec cosy up to one another

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Premiers Jean Charest and Dalton McGuinty emerged from an historic Quebec-Ontario joint cabinet meeting in Quebec City to announce a regional climate agreement, and other projects for joint co-operation.

As Jack Layton was quick to point out, the two governments moved to fill the leadership vacuum created when the Harper government decided to break Canada's international commitments on environmental protection, and adopt a "go slow" approach to global warming.

Notably, Ontario and Quebec adopted the "cap-and-trade" approach to reducing green house gas emissions, which has long been promoted by the federal NDP leader. The Quebec-Ontario decision to move ahead on cap-and-trade was taken as the U.S. Senate began its first debate on how that country should move to adopt this mechanism, which is already in place in Europe.

Central Canada has formed a new political alliance. On the surface the reasons are straightforward. Quebec and Ontario face similar problems and can work together on solutions. Ontario wants to withdraw its coal fired electricity facilities from production because they produce high levels of green house gases. At the joint press conference Quebec announced it wants Ontario to have access to its clean hydro-electricity, and the two governments agreed to move to establish the necessary power grid. Charest talked about selling to the neighbours as being good politics.

Federal government Environment Minister, John Baird, immediately denounced the Charest-McGuinty joint cabinet meeting, and its follow-up joint press conference as a photo-op. The good neighbour approach upsets the federal Conservative government, which has been following a divide and conquer political strategy in its pursuit of a majority government.

The Conservatives have chosen to attack the McGuinty Liberal government in the hopes the electorate will blame the provincial government for bad economic times in Ontario, while courting the Charest Liberals who have been following the neo-conservative market friendly policies favoured by the Harper government.

However McGuinty, despite constant attacks by the former provincial Conservatives, like Baird who sit on the Harper front bench, was able to win re-election, and is growing in political strength. Charest and his Liberal party, with a minority government, has been forced to abandon its ideological approach, and is experiencing a surprising popularity as a result. Meanwhile Charest's still very neo-conservative cousin, and rival for Harper's attention, Mario Dumont and his Action démocratique du Québec, is rapidly losing support.

Charest wants to beat the Parti Québécois, and judges that being able to play the good neighbour card with Ontario takes him where the sovereignists cannot go. For McGuinty, an alliance with Quebec on climate change puts Harper on the defensive on an issue where he is most out of step with Canadians.

The Canadian manufacturing heartland of Ontario and Quebec is in the throes of a serious economic slump: factories are being shut, and workers laid off. Even if it costs real money, both provincial governments recognize something must be done to address global warming. Both Charest and McGuinty recognize the need for an industrial strategy, and financial commitments from Ottawa, even if the Harper government refuses to go beyond tax cuts.

Confidence expressed by the federal Conservatives in the free trade agreement with the U.S. (which is 20 years old) as securing Canada's future sounds increasingly false as the slumping U.S. dollar creates economic reverses in Canada. Passport requirements for U.S. nationals returning from Canada, imposed by the Bush administration drastically slow down cross-border tourism, an important source of revenue for small business and the large central Canadian hospitality industry.

While the federal finance minister denies Canada faces a recession, it is rising prices for oil, gas and agricultural products that is driving Canadian growth. In the meantime, Ontario and Quebec have two-thirds of the Canadian population, no oil or gas production, and in northern regions industry is hurt badly because of falling prices for forestry products.

The divide and conquer strategy was used successfully by Brian Mulroney in the 1988 free trade election campaign. He attacked Ontario's Liberal government for wanting to deny the other provinces the prosperity the Auto Pact had brought to it. By aligning himself with Quebec, and reaching out to other jurisdictions ready to act on climate change, the McGuinty government has mounted a strong defence to the Harper version of divide and conquer, which is predicated on isolating Ontario, particularly urban Ontario.

While it is true the oil and gas producing provinces benefit from the very price hikes that are hurting Ontario and Quebec, it is false to assume that one group of Canadians gains precisely what the other loses. On global warming Harper has asked why Canada should move faster than other countries. Charest and McGuinty have responded. This is an issue that affects everyone, oil producer or not, and other Canadian governments need to take leadership, when the federal government is not willing to act.

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Ottawa sets out to protect its hydro heritage

Ottawa Hydro Substation Heritage Designation highlights Hydro Ottawa's 1920s architecture, Art Deco facades, and municipal utility history, protecting key voltage-reduction sites in Glebe, Carling-Merivale, Holland, King Edward, and Old Ottawa South.

 

Key Points

A city plan to protect Hydro Ottawa's 1920s substations for architecture, utility role, and civic electrical heritage.

✅ Protects five operating voltage-reduction sites citywide

✅ Recognizes Art Deco and early 20th century utility architecture

✅ Allows emergency demolition to ensure grid safety

 

The city of Ottawa is looking to designate five hydro substations built nearly a century ago as heritage structures, a move intended to protect the architectural history of Ottawa's earliest forays into the electricity business, even as Ottawa electricity consumption has shifted in recent years.

All five buildings are still used by Hydro Ottawa to reduce the voltage coming from transmission lines before the electricity is transmitted to homes and businesses, and when severe weather causes outages, Sudbury Hydro crews work to reconnect service across communities.

Electricity came to Ottawa in 1882 when two carbon lamps were installed on LeBreton Flats, heritage planner Anne Fitzpatrick told the city's built heritage subcommittee on Tuesday. It became a lucrative business, and soon a privately owned monopoly that drew public scrutiny similar to debates over retroactive charges in neighboring jurisdictions.

In 1905, city council held a special meeting to buy the electrical company, which led to a dramatic drop in electricity rates for residents, a contrast with recent discussions about peak hydro rates for self-isolating customers.

The substations are now owned by Hydro Ottawa, which agreed to the heritage designations on the condition it not be prevented from emergency demolitions if it needs to address incidents such as damaging storms in Ontario while it works to "preserve public safety and the continuity of critical hydro electrical services."

Built in 1922, the substation at the intersection of Glebe and Bronson avenues was the first to be built by the new municipal electrical department, long before modern battery storage projects became commonplace on Ontario's grid.

The largest of the substations being protected dates back to 1929 and is found at the corner of Carling Avenue and Merivale Road. It was built to accommodate a growing population in areas west of downtown including Hintonburg and Mechanicsville.

The substation on Holland Avenue near the Queensway is different from the others because it was built in 1924 to serve the Ottawa Electric Railway Company. The streetcar company operated from 1891 to 1959, and urban electrical infrastructure can face failures such as the Hydro-Québec manhole fire that left thousands without power.

This substation on King Edward Avenue was built in 1931 and designed by architect William Beattie, who also designed York Street Public School in Lowertown and the substation on Carling Avenue. 

The last substation to be built in a 'bold and decorative style' is at 39 Riverdale Ave. in Old Ottawa South, according to city staff. It was designed in an Art Deco style by prominent architect J. Albert Ewart, who was also behind the Civic Hospital and nearby Southminster Church on Bank Street.

 

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Cleaning up Canada's electricity is critical to meeting climate pledges

Canada Clean Electricity Standard targets a net-zero grid by 2035, using carbon pricing, CO2 caps, and carbon capture while expanding renewables and interprovincial trade to decarbonize power in Alberta, Saskatchewan, and Ontario.

 

Key Points

A federal plan to reach a net-zero grid by 2035 using CO2 caps, carbon pricing, carbon capture, renewables, and trade.

✅ CO2 caps and rising carbon prices through 2050

✅ Carbon capture required on gas plants in high-emitting provinces

✅ Renewables build-out and interprovincial trade to balance supply

 

A new tool has been proposed in the federal election campaign as a way of eradicating the carbon emissions from Canada’s patchwork electricity system. 

As the country’s need for power grows through the decarbonization of transportation, industry and space heating, the Liberal Party climate plan is proposing a clean energy standard to help Canada achieve a 100% net-zero-electricity system by 2035, aligning with Canada’s net-zero by 2050 target overall. 

The proposal echoes a report released August 19 by the David Suzuki Foundation and a group of environmental NGOs that also calls for a clean electricity standard, capping power-sector emissions, and tighter carbon-pricing regulations. The report, written by Simon Fraser University climate economist Mark Jaccard and data analyst Brad Griffin, asserts that these policies would effectively decarbonize Canada’s electricity system by 2035.

“Fuel switching from dirty fossil fuels to clean electricity is an essential part of any serious pathway to transition to a net-zero energy system by 2050,” writes Tom Green, climate policy advisor to the Suzuki Foundation, in a foreword to the report. The pathway to a net-zero grid is even more important as Canada switches from fossil fuels to electric vehicles, space heating and industrial processes, even as the Canadian Gas Association warns of high transition costs.

Under Jaccard and Griffin’s proposal, a clean electricity standard would be established to regulate CO2 emissions specifically from power plants across Canada. In addition, the plan includes an increase in the carbon price imposed on electricity system releases, combined with tighter regulation to ensure that 100% of the carbon price set by the federal government is charged to electricity producers. The authors propose that the current scheduled carbon price of $170 per tonne of CO2 in 2030 should rise to at least $300 per tonne by 2050.

In Alberta, Saskatchewan, Ontario, New Brunswick and Nova Scotia, the 2030 standard would mean that all fossil-fuel-powered electricity plants would require carbon capture in order to comply with the standard. The provinces would be given until 2035 to drop to zero grams CO2 per kilowatt hour, matching the 2030 standard for low-carbon provinces (Quebec, British Columbia, Manitoba, Newfoundland and Labrador and Prince Edward Island). 

Alberta and Saskatchewan targeted 
Canada has a relatively clean electricity system, as shown by nationwide progress in electricity, with about 80% of the country’s power generated from low- or zero-emission sources. So the biggest impacts of the proposal will be felt in the higher-carbon provinces of Alberta and Saskatchewan. Alberta has a plan to switch from coal-based electric power to natural gas generation by 2023. But Saskatchewan is still working on its plan. Under the Jaccard-Griffin proposal, these provinces would need to install carbon capture on their gas-fired plants by 2030 and carbon-negative technology (biomass with carbon capture, for instance) by 2035. Saskatchewan has been operating carbon capture and storage technology at its Boundary Dam power station since 2014, but large-scale rollout at power plants has not yet been achieved in Canada. 

With its heavy reliance on nuclear and hydro generation, Ontario’s electricity supply is already low carbon. Natural gas now accounts for about 7% of the province’s grid, but the clean electricity standard could pose a big challenge for the province as it ramps up natural-gas-generated power to replace electricity from its aging Pickering station, scheduled to go out of service in 2025, even as a fully renewable grid by 2030 remains a debated goal. Pickering currently supplies about 14% of Ontario’s power. 

Ontario doesn’t have large geological basins for underground CO2 storage, as Alberta and Saskatchewan do, so the report says Ontario will have to build up its solar and wind generation significantly as part of Canada’s renewable energy race, or find a solution to capture CO2 from its gas plants. The Ontario Clean Air Alliance has kicked off a campaign to encourage the Ontario government to phase out gas-fired generation by purchasing power from Quebec or installing new solar or wind power.

As the report points out, the federal government has Supreme Court–sanctioned authority to impose carbon regulations, such as a clean electricity standard, and carbon pricing on the provinces, with significant policy implications for electricity grids nationwide.

The federal government can also mandate a national approach to CO2 reduction regardless of fuel source, encouraging higher-carbon provinces to work with their lower-carbon neighbours. The Atlantic provinces would be encouraged to buy power from hydro-heavy Newfoundland, for example, while Ontario would be encouraged to buy power from Quebec, Saskatchewan from Manitoba, and Alberta from British Columbia.

The Canadian Electricity Association, the umbrella organization for Canada’s power sector, did not respond to a request for comment on the Jaccard-Griffin report or the Liberal net-zero grid proposal.

Just how much more clean power will Canada need? 
The proposal has also kicked off a debate, and an IEA report underscores rising demand, about exactly how much additional electricity Canada will need in coming decades.

In his 2015 report, Pathways to Deep Decarbonization in Canada, energy and climate analyst Chris Bataille estimated that to achieve Canada’s climate net-zero target by 2050 the country will need to double its electricity use by that year.

Jaccard and Griffin agree with this estimate, saying that Canada will need more than 1,200 terawatt hours of electricity per year in 2050, up from about 640 terawatt hours currently.

But energy and climate consultant Ralph Torrie (also director of research at Corporate Knights) disputes this analysis.

He says large-scale programs to make the economy more energy efficient could substantially reduce electricity demand. A major program to install heat pumps and replace inefficient electric heating in homes and businesses could save 50 terawatt hours of consumption on its own, according to a recent report from Torrie and colleague Brendan Haley. 

Put in context, 50 terawatt hours would require generation from 7,500 large wind turbines. Applied to electric vehicle charging, 50 terawatt hours could power 10 million electric vehicles.

While Torrie doesn’t dispute the need to bring the power system to net-zero, he also doesn’t believe the “arm-waving argument that the demand for electricity is necessarily going to double because of the electrification associated with decarbonization.” 

 

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Lack of energy: Ottawa’s electricity consumption drops 10 per cent during pandemic

Ottawa Electricity Consumption Drop reflects COVID-19 impacts, with Hydro Ottawa and IESO reporting 10-12% lower demand, delayed morning peaks, and shifted weekend peak to 4 p.m., alongside provincial time-of-use rate relief.

 

Key Points

A 10-12% decline in Ottawa's electricity demand during COVID-19, with later morning peaks and weekend peak at 4 p.m.

✅ Weekday demand down 11%; weekends down 10% vs April 2019.

✅ Morning peak delayed about 4 hours; 6 a.m. usage down 17%.

✅ Weekend peak moved from 7 p.m. to 4 p.m.; rate relief ongoing.

 

Ottawa residents may be spending more time at home, with residential electricity use up even as the city’s overall energy use has dropped during the COVID-19 pandemic.

Hydro Ottawa says there was a 10-to-11 per cent drop in electricity consumption in April, with the biggest decline in electricity usage happening early in the morning, a pattern echoed by BC Hydro findings in its province.

Statistics provided to CTV News Ottawa show average hourly energy consumption in the City of Ottawa dropped 11 per cent during weekdays, mirroring Manitoba Hydro trends reported during the pandemic, and a 10 per cent decline in electricity consumption on weekends.

The drop in energy consumption came as many businesses in Ottawa closed their doors due to the COVID-19 measures and physical distancing guidelines.

“Based on our internal analysis, when comparing April 2020 to April 2019, Hydro Ottawa observed a lower, flatter rise in energy use in the morning, with peak demand delayed by approximately four hours.” Hydro Ottawa said in a statement to CTV News Ottawa.

“Morning routines appear to have the largest difference in energy consumption, most likely as a result of a collective slower pace to start the day as people are staying home.”

Hydro Ottawa says overall, there was an 11 per cent average hourly reduction in energy use on weekdays in April 2020, compared to April 2019. The biggest difference was the 6 a.m. hour, with a 17 per cent decrease.

On weekends, the average electricity usage dropped 10 per cent in April, compared to April 2019. The biggest difference was between 7 a.m. and 8 a.m., with a 13 per cent drop in hydro usage.

Hydro Ottawa says weekday peak continues to be at 4 p.m., while on weekends the peak has shifted from 7 p.m. before the pandemic to 4 p.m. now, though Hydro One has not cut peak rates for self-isolating customers.

The Independent Electricity System Operator says across Ontario, there has been a 10 to 12 per cent drop in energy consumption during the pandemic, a trend reflected in province-wide demand data that is the equivalent to half the demand of Toronto.

The Ontario Government has provided emergency electricity rate relief during the COVID-19 pandemic. Residential and small business consumers on time-of-use pricing, and later ultra-low overnight options, will continue to pay one price no matter what time of day the electricity is consumed until the end of May.

 

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Texas utilities struggle to restore power as Harvey hampers progress

Texas Gulf Coast Power Outages from Harvey continue as flooding, high winds, and downed lines paralyze Houston and coastal utilities, while restoration crews from out-of-state work to repair infrastructure and restore electricity across impacted communities.

 

Key Points

Power disruptions across Houston and the Gulf Coast from Harvey, driven by flooding, wind damage, and blocked access.

✅ CenterPoint warns multi-day outages in flooded zones.

✅ AEP Texas aided by crews from Kentucky, Illinois, Missouri.

✅ Entergy expects more outages as storm nears Galveston.

 

Hundreds of thousands of Texans were without power along the Gulf Coast as Tropical Storm Harvey left parts of the Houston area under water, with extended Houston outages compounding response efforts.

There were roughly 280,000 customers without power along the Texas's coast and in Houston and the surrounding areas on Monday, according to reported outages by the state's investor-owned utilities. Harvey, which made landfall on Friday, caused devastating flooding and knocked out power lines along its destructive path, similar to the Louisiana grid rebuild after Laura that required weeks of restoration.

CenterPoint Energy reported more than 100,000 outages earlier on Monday, though that figure was down to 91,744 shortly after 1 p.m. on Monday.

The company said it was unable to access hard-hit areas until floodwaters recede and electric infrastructure dries out, a challenge that, as seen in Florida power restoration efforts elsewhere, has taken weeks to resolve. Outages in the most flooded areas could last for several days, CenterPoint warned.

AEP Texas's coverage area south of Houston had 150,500 customers without electricity as of 11 a.m. ET on Monday. That was down from the peak of its outages on Saturday afternoon, which affected 220,000 customers.

Former FEMA deputy director: Texas has already begun recovery from storm  1:54 PM ET Mon, 28 Aug 2017 | 05:57

Corpus Christi and the surrounding areas along the Gulf Coast were still experiencing the most outages, while persistent Toronto outages after a spring storm underscored how long recovery can take in urban areas. AEP credited assistance from out-of-state workers for helping to get the lights back on.

"Thousands of resources have arrived from across the country to help AEP Texas with restoration efforts following this historic weather event. Crews from Kentucky, Illinois, Missouri and other states have arrived and are working on restoring power to those impacted by Hurricane Harvey," AEP said in a statement.

Entergy reported 29,500 customers were without power on Monday in areas north of Houston. The company warned that additional outages were expected if Harvey moves inland near the island city of Galveston on Wednesday as anticipated, a pattern similar to New Orleans during Ida where electricity failed despite levees holding.

Houston, Beaumont and Victoria are expected to see continued periods of torrential rain through Tuesday, before Harvey begins to move north on Wednesday and out of the flood zone by Thursday.

"Our crews are safely restoring power as quickly as possible, but the continued wind, rain and flooding are having an impact on restoration efforts," Entergy said in a statement.

South of Houston, about 7,500 Texas New Mexico Power Company customers were still experiencing outages, according to the company's outage map.

 

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Trump's Proposal on Ukraine's Nuclear Plants Sparks Controversy

Ukraine Nuclear Plant Ownership Proposal outlines U.S. management of Ukrainian reactors amid the Russia-Ukraine war, citing nuclear safety, energy security, and IAEA oversight; Kyiv rejects ownership transfer, especially regarding Zaporizhzhia under Russian control.

 

Key Points

U.S. control of Ukraine's nuclear plants for safety; Kyiv rejects transfer, citing sovereignty risks at Zaporizhzhia.

✅ U.S. proposal to manage Ukraine's reactors amid war

✅ Kyiv refuses ownership transfer; open to investment

✅ Zaporizhzhia under Russian control raises safety risks

 

In the midst of the ongoing conflict between Russia and Ukraine, U.S. President Donald Trump has proposed a controversial idea: Ukraine should give its nuclear power plants to the United States for safekeeping and management. This suggestion came during a phone call with Ukrainian President Volodymyr Zelenskyy, wherein Trump expressed the belief that American ownership of these nuclear plants could offer them the best protection amid the ongoing war. But Kyiv, while open to foreign support, has firmly rejected the idea of transferring ownership, especially as the Zaporizhzhia nuclear plant remains under Russian occupation.

Ukraine’s nuclear energy infrastructure has always been a vital component of its power generation. Before the war, the country’s four nuclear plants supplied nearly half of its electricity. As Russia's military forces target Ukraine's energy infrastructure, including power plants and coal mines, international watchdogs like the IAEA have warned of nuclear risks as these nuclear facilities have become crucial to maintaining the nation’s energy stability. The Zaporizhzhia plant, in particular, has attracted international concern due to its size and the ongoing threat of a potential nuclear disaster.

Trump’s Proposal and Ukraine’s Response

Trump’s proposal of U.S. ownership came as a response to the ongoing threats posed by Russia’s occupation of the Zaporizhzhia plant. Trump argued that the U.S., with its expertise in running nuclear power plants, could safeguard these facilities from further damage and potential nuclear accidents. However, Zelenskyy quickly clarified that the discussion was only focused on the Zaporizhzhia plant, which is currently under Russian control. The Ukrainian president emphasized that Kyiv would not entertain the idea of permanently transferring ownership of its nuclear plants, even though they would welcome investment in their restoration and modernization, particularly after the war.

The Zaporizhzhia nuclear plant has been a focal point of geopolitical tensions since Russia's occupation in 2022. Despite being in "cold shutdown" to prevent further risk of explosions, the facility remains a major concern due to its potential to cause a nuclear disaster. Ukrainian officials, along with international observers, have raised alarm about the safety risks posed by the plant, including mines at Zaporizhzhia reported by UN watchdogs, which is situated in a war zone and under the control of Russian forces who are reportedly neglecting proper safety protocols.

The Fear of a Nuclear Provocation

Ukrainians have expressed concerns that Trump’s proposal could embolden Russia to escalate tensions further, even as a potential agreement on power-plant attacks has been discussed by some parties. Some fear that any attempt to reclaim the plant by Ukraine could trigger a Russian provocation, including a deliberate attack on the plant, which would have catastrophic consequences for both Ukraine and the broader region. The analogy is drawn with the destruction of the Nova Kakhovka dam, which Ukraine accuses Russia of sabotaging, an act that severely disrupted water supplies to the Zaporizhzhia plant. Ukrainian military officials, including Ihor Romanenko, a former deputy head of Ukraine’s armed forces, warned that Trump’s suggestion might be an exploitation of Ukraine’s vulnerable position in the ongoing war.

Despite these fears, there are some voices within Ukraine, including former employees of the Zaporizhzhia plant, who believe that a deliberate attack by Russian forces is unlikely. They argue that the Russian military needs the plant in functioning condition for future negotiations, with Russia building new power lines to reactivate the site as part of that calculus, and any damage could reduce its value in such exchanges. However, the possibility of Russian negligence or mismanagement remains a significant risk.

The Strategic Role of Ukraine's Nuclear Plants

Ukraine's nuclear plants were a cornerstone of the country’s energy sector long before the conflict began. In recent years, as Ukraine lost access to coal resources in the Donbas region due to Russian occupation, nuclear power became even more vital, alongside a growing focus on wind power to improve resilience. The country’s reliance on these plants grew as Russia launched a sustained campaign to destroy Ukraine’s energy infrastructure, including attacks on nuclear power stations.

The Zaporizhzhia plant, in particular, holds strategic importance not only due to its size but also because of its location in southeastern Ukraine, an area that has been at the heart of the conflict. Despite being in Russian hands, the plant’s reactors have been safely shut down, reducing the immediate risk of a nuclear explosion. However, the plant’s future remains uncertain, as Russia’s long-term control over it could disrupt Ukraine’s energy security for years to come.

Wider Concerns About Aging Nuclear Infrastructure

Beyond the geopolitical tensions, there are broader concerns about the aging infrastructure of Ukraine's nuclear power plants. International watchdogs, including the environmentalist group Bankwatch, have criticized these facilities as “zombie reactors” due to their outdated designs and safety risks. Experts have called for Ukraine to decommission some of these reactors, fearing that they are increasingly unsafe, especially in the context of a war.

However, Ukrainian officials, including Petro Kotin, head of Energoatom (Ukraine's state-owned nuclear energy company), argue that these reactors are still functional and critical to Ukraine's energy needs. The ongoing conflict, however, complicates efforts to modernize and secure these facilities, which are increasingly vulnerable to both physical damage and potential nuclear hazards.

The Global Implications

Trump's suggestion to take control of Ukraine's nuclear power plants has raised significant concerns on the international stage. Some fear that such a move could set a dangerous precedent for nuclear security and sovereignty. Others see it as an opportunistic proposal that exploits Ukraine's wartime vulnerability.

While the future of Ukraine's nuclear plants remains uncertain, one thing is clear: these facilities are now at the center of a geopolitical struggle that could have far-reaching consequences for the energy security of Europe and the world. The safety of these plants and their role in Ukraine's energy future will remain a critical issue as the war continues and as Ukraine navigates its relations with both the U.S. and Russia, with the grid even having resumed electricity exports at times.

 

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B.C. ordered to pay $10M for denying Squamish power project

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

 

Key Points

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

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

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

 

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

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

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

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

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

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

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

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

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

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

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

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

 

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