Nova Scotia reviews renewables project program

By Nova Scotia Department of Energy


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The province is asking for feedback on how to improve a program that encourages community participation in renewable energy projects.

The Community Feed-in Tariff COMFIT program was introduced in the 2010 Renewable Electricity Plan and officially launched in September 2011. Since then, more than 45 projects have been approved and dozens more are finalizing business plans.

"From the beginning, we committed to continual improvement of the program and a review once we had some experience under our belt," said Energy Minister Charlie Parker. "We consider this a tune-up to ensure the program is meeting its objectives and is aligned with operational realities."

The review was announced during the Canadian Clean Energy Conferences Feed-in Tariff FIT Forum in late September. It will include public consultation and discussions with those in the program and will examine applicant eligibility, geographical distribution, eligible technologies, quantity of energy being offered, community engagement and support, things learned from previous projects and administration.

"We are very proud of the success of this made-in-Nova Scotia program that is the first of its kind in the world," Mr. Parker said. "It is an important part of our overall energy strategy to build a diverse, secure, sustainable and affordable electricity supply for Nova Scotia. At the same time, we are creating good jobs in communities and growing the economy, making life better for all Nova Scotians."

COMFIT provides municipalities, First Nations, co-operatives, not-for-profit and other eligible groups an established price-per-kilowatt-hour for projects that produce electricity from renewable sources, such as wind, biomass, in-stream tidal and river tidal developments.

During the review, the department will not accept applications for wind projects of more than 50 kilowatts. Projects already in the application system will be processed.

COMFIT power is generated and used in local areas, providing economic development opportunities in these communities. The program is one of a number of initiatives to help the province reach 25 per cent renewable electricity by 2015 and 40 per cent by 2020. The province expects 100 megawatts of electricity to be produced through the COMFIT.

For more information on the review, go to www.nsrenewables.ca.

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Six key trends that shaped Europe's electricity markets in 2020

European Electricity Market Trends 2020 highlight decarbonisation, rising renewables, EV adoption, shifting energy mix, COVID-19 impacts, fuel switching, hydro, wind and solar growth, gas price dynamics, and wholesale electricity price increases.

 

Key Points

EU power in 2020 saw lower emissions, more renewables, EV growth, demand shifts, and higher wholesale prices.

✅ Power sector CO2 down 14% on higher renewables, lower coal

✅ Renewables 39% vs fossil 36%; hydro, wind, solar expanded

✅ EV share hit 17%; wholesale prices rose with gas, ETS costs

 

According to the Market Observatory for Energy DG Energy report, the COVID-19 pandemic and favorable weather conditions are the two key drivers of the trends experienced within the European electricity market in 2020. However, the two drivers were exceptional or seasonal.

The key trends within Europe’s electricity market include:


1. Decrease in power sector’s carbon emissions

As a result of the increase in renewables generation and decrease in fossil-fueled power generation in 2020, the power sector was able to reduce its carbon footprint by 14% in 2020. The decrease in the sector’s carbon footprint in 2020 is similar to trends witnessed in 2019 when fuel switching was the main factor behind the decarbonisation trend.

However, most of the drivers in 2020 were exceptional or seasonal (the pandemic, warm winter, high
hydro generation). However, the opposite is expected in 2021, with the first months of 2021 having relatively cold weather, lower wind speeds and higher gas prices, with stunted hydro and nuclear output also cited, developments which suggest that the carbon emissions and intensity of the power sector could rise.

The European Union is targeting to completely decarbonise its power sector by 2050 through the introduction of supporting policies such as the EU Emissions Trading Scheme, the Renewable Energy Directive and legislation addressing air pollutant emissions from industrial installations, with expectations that low-emissions sources will cover most demand growth in the coming years.

According to the European Environment Agency, Europe halved its power sector’s carbon emissions in 2019 from 1990 levels.


2. Changes in energy consumption

EU consumption of electricity fell by -4% as majority of industries did not operate at full level during the first half of 2020. Although majority of EU residents stayed at home, meaning an increase in residential energy use, rising demand by households could not reverse falls in other sectors of the economy.

However, as countries renewed COVID-19 restrictions, energy consumption during the 4th quarter was closer to the “normal levels” than in the first three quarters of 2020. 

The increase in energy consumption in the fourth quarter of 2020 was also partly due to colder temperatures compared to 2019 and signs of surging electricity demand in global markets.


3. Increase in demand for EVs

As the electrification of the transport system intensifies, the demand for electric vehicles increased in 2020 with almost half a million new registrations in the fourth quarter of 2020. This was the highest figure on record and translated into an unprecedented 17% market share, more than two times higher than in China and six times higher than in the United States.

However, the European Environment Agency (EEA)argues that the EV registrations were lower in 2020 compared to 2019. EEA states that in 2019, electric car registrations were close to 550 000 units, having reached 300 000 units in 2018.


4. Changes in the region’s energy mix and increase in renewable energy generation

The structure of the region’s energy mix changed in 2020, according to the report.

Owing to favorable weather conditions, hydro energy generation was very high and Europe was able to expand its portfolio of renewable energy generation such that renewables (39%) exceeded the share of fossil fuels (36%) for the first time ever in the EU energy mix.

Rising renewable generation was greatly assisted by 29 GW of wind and solar capacity additions in 2020, which is comparable to 2019 levels. Despite disrupting the supply chains of wind and solar resulting in project delays, the pandemic did not significantly slow down renewables’ expansion.

In fact, coal and lignite energy generation fell by 22% (-87 TWh) and nuclear output dropped by 11% (-79 TWh). On the other hand, gas energy generation was not significantly impacted owing to favorable prices which intensified coal-to-gas and lignite-to-gas switching, even as renewables crowd out gas in parts of the market.


5. Retirement of coal energy generation intensify

 As the outlook for emission-intensive technologies worsens and carbon prices rise, more and more early coal retirements have been announced. Utilities in Europe are expected to continue transitioning from coal energy generation under efforts to meet stringent carbon emissions reduction targets and as they try to prepare themselves for future business models that they anticipate to be entirely low-carbon reliant.

6. Increase in wholesale electricity prices

In recent months, more expensive emission allowances, along with rising gas prices, have driven up wholesale electricity prices on many European markets to levels last seen at the beginning of 2019. The effect was most pronounced in countries that are dependent on coal and lignite. The wholesale electricity prices dynamic is expected to filter through to retail prices.

The rapid sales growth in the EVs sector was accompanied by expanding charging infrastructure. The number of high-power charging points per 100 km of highways rose from 12 to 20 in 2020.

 

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Ontario plunging into energy storage as electricity supply crunch looms

Ontario Energy Storage Procurement accelerates grid flexibility as IESO seeks lithium batteries, pumped storage, compressed air, and flywheels to balance renewables, support EV charging, and complement gas peakers during Pickering refits and rising electricity demand.

 

Key Points

Ontario's plan to procure 2,500 MW of storage to firm renewables, aid EV charging, and add flexible grid capacity.

✅ 2,500 MW storage plus 1,500 MW gas for 2025-2027 reliability

✅ Mix: lithium batteries, pumped storage, compressed air, flywheels

✅ Enables VPPs via EVs, demand response, and hybrid solar-storage

 

Ontario is staring down an electricity supply crunch and amid a rush to secure more power, it is plunging into the world of energy storage — a relatively unknown solution for the grid that experts say could also change energy use at home.

Beyond the sprawling nuclear plants and waterfalls that generate most of the province’s electricity sit the batteries, the underground caverns storing compressed air to generate electricity, and the spinning flywheels waiting to store energy at times of low demand and inject it back into the system when needed.

The province’s energy needs are quickly rising, with the proliferation of electric vehicles and growing Canada-U.S. collaboration on EV adoption, and increasing manufacturing demand for electricity on the horizon just as a large nuclear plant that supplies 14 per cent of Ontario’s electricity is set to be retired and other units are being refurbished.

The government is seeking to extend the life of the Pickering Nuclear Generating Station, planning an import agreement for power with Quebec, rolling out conservation programs, and — controversially — relying on more natural gas to fill the looming gap between demand and supply, amid Northern Ontario sustainability debates.

Officials with the Independent Electricity System Operator say a key advantage of natural gas generation is that it can quickly ramp up and down to meet changes in demand. Energy storage can provide that same flexibility, those in the industry say.

Energy Minister Todd Smith has directed the IESO to secure 1,500 megawatts of new natural gas capacity between 2025 and 2027, along with 2,500 megawatts of clean technology such as energy storage that can be deployed quickly, which together would be enough to power the city of Toronto.

It’s a far cry from the 54 megawatts of energy storage in use in Ontario’s grid right now.

Smith said in an interview that it’s the largest active procurement for energy storage in North America.

“The one thing that we want to ensure that we do is continue to add clean generation as much as possible, and affordable and clean generation that’s reliable,” he said.

Rupp Carriveau, director of the Environmental Energy Institute at the University of Windsor, said the timing is good.

“The space is there, the technology is there, and the willingness among private industry to respond is all there,” he said. “I know of a lot of companies that have been rubbing their hands together, looking at this potential to construct storage capacity.”

Justin Rangooni, the executive director of Energy Storage Canada, said because of the relatively tight timelines, the 2,500 megawatts is likely to be mostly lithium batteries. But there are many other ways to store energy, other than a simple battery.

“As we get to future procurements and as years pass, you’ll start to see possibly pump storage, compressed air, thermal storage, different battery chemistry,” he said.

Pump storage involves using electricity during off-peak periods to pump water into a reservoir and slowly releasing it to run a turbine and generate electricity when it’s needed. Compressed air works similarly, and old salt caverns in Goderich, Ont., are being used to store the compressed air.

In thermal storage, electricity is used to heat water when demand is low and when it’s needed, water stored in tanks can be used as heat or hot water.

Flywheels are large spinning tops that can store kinetic energy, which can be used to power a turbine and produce electricity. A flywheel facility in Minto, Ont., also installed solar panels on its roof and became the first solar storage hybrid facility in Ontario, said a top IESO official.

Katherine Sparkes, the IESO’s director of innovation, research and development, said it’s exciting, from a grid perspective.

“As we kind of look to the future and we think about gas phase out and electrification, one of the big challenges that all power systems across North America and around the world are looking at is: how do you accommodate increasing amounts of variable, renewable resources and just make better use of your grid assets,” she said.

“Hybrids, storage generation pairings, gives you that opportunity to deal with the variability of renewables, so to store electricity when the sun isn’t shining, or the wind isn’t blowing, and use it when you need it to.”

The small amount of storage already in the system provides more fine tuning of the electricity system, whereas 2,500 megawatts will be a more “foundational” part of the toolkit, said Sparkes.

But what’s currently on the grid is far from the only storage in the province. Many commercial and industrial consumers, such as large manufacturing facilities or downtown office buildings, are using storage to manage their electricity usage, relying on battery energy when prices are high.

The IESO sees that as an opportunity and has changed market rules to allow those customers to sell electricity back to the grid when needed.

As well, the IESO has its eye on the thousands of mobile batteries in electric vehicles, a trend seen in California, that shuttle people around the province every day but sit unused for much of the time.

“If we can enable those batteries to work together in aggregation, or work with other types of technologies like solar or smart building systems in a configuration, like a group of technologies, that becomes a virtual power plant,” Sparkes said.

Peak Power, a company that seeks to “make power plants obsolete,” is running a pilot project with electric vehicles in three downtown Toronto office buildings in which the car batteries can provide electricity to reduce the facility’s overall demand during peak periods using vehicle-to-building charging with bidirectional chargers.

In that model, one vehicle can earn $8,000 per year, said cofounder and chief operating officer Matthew Sachs.

“Battery energy storage will change the energy industry in the same way and for the same reasons that refrigeration changed the milk industry,” he said.

“As you had refrigeration, you could store your commodity and that changed the distribution channels of it. So I believe that energy storage is going to radically change the distribution channels of energy.”

If every home has a solar panel, an electric vehicle and a residential battery, it becomes a generating station, a decentralization that’s not only more environmentally friendly, but also relies less on “monopolized utilities,” Sachs said.

In the next decade, energy demand from electric vehicles is projected to skyrocket, making vehicle-to-grid integration increasingly relevant, and Sachs said the grid can’t grow enough to accommodate a peak demand of hundreds of thousands of vehicles being plugged in to charge at the end of the workday commute. Authorities need to be looking at more incentives such as time-of-use pricing and price signals to ensure the demand is evened out, he said.

“It’s a big risk as much as it’s a big opportunity,” he said. “If we do it wrong, it will cost us billions to fix. If we do it right, it can save us billions.”

Jack Gibbons, the chair of the Ontario Clean Air Alliance, said the provincial and federal governments need to fund and install bidirectional chargers in order to fully take advantage of electric vehicles.

“This is a huge missed opportunity,” he said.

 

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U.S. power demand seen sliding 1% in 2023 on milder weather

EIA U.S. Power Outlook 2023-2024 forecasts lower electricity demand, softer wholesale prices, and faster renewable growth from solar and wind, with steady natural gas, reduced coal generation, slight nuclear gains, and ERCOT market moderation.

 

Key Points

An EIA forecast of a 2023 demand dip, 2024 rebound, lower prices, and a higher renewable share in the U.S. power mix.

✅ Demand dips to 4,000 billion kWh in 2023; rebounds in 2024.

✅ ERCOT on-peak prices average about $35/MWh versus $80/MWh in 2022.

✅ Renewables grow to 24% share; coal falls to 17%; nuclear edges up.

 

U.S. power consumption is expected to slip about 1% in 2023 from the previous year as milder weather slows usage from the record high hit in 2022, consistent with recent U.S. consumption trends observed over the past several years, the U.S. Energy Information Administration (EIA) said in its Short-Term Energy Outlook (STEO).

EIA projected that electricity demand is on track to slide to 4,000 billion kilowatt-hours (kWh) in 2023 from a historic high of 4,048 billion kilowatt-hours (kWh) in 2022, reflecting patterns seen during COVID-19 demand shifts in prior years, before rising to 4,062 billion kWh in 2024 as economic growth ramps up.

Less demand coupled with more electricity generation from cheap renewable power sources and lower natural gas prices is forecast to slash wholesale power prices this year, the EIA said.

The on-peak wholesale price at the North hub in Texas’ ERCOT power market is expected to average about $35 per megawatt-hour (MWh) in 2023 compared with an average of nearly $80/MWh in 2022 after the 2022 price surge in power markets.

As capacity for renewables like solar and wind ramp up and as natural gas prices ease amid the broader energy crisis pressures, the EIA said it expects coal-fired power generation to be 17% less in the spring of 2023 than in the spring of 2022.

Coal will provide an average of 17% of total U.S. generation this year, down from 20% last year, as utilities shift investments toward electricity delivery and away from new power production, the EIA said.

The share of total generation supplied by natural gas is seen remaining at about the same this year at 39%. The nuclear share of generation is seen rising slightly to 20% this year from 19% in 2022. Generation from renewable energy sources grows the most in the forecast, increasing to 24% this year from a share of 22% last year, even as residential electricity bills rose in 2022 across the U.S.

 

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Portsmouth residents voice concerns over noise, flicker generated by turbine

Portsmouth Wind Turbine Complaints highlight noise, shadow flicker, resident impacts, Town Council hearings, and Green Development mitigation plans near Portsmouth High School, covering renewable energy output, PPAs, and community compliance.

 

Key Points

Resident reports of noise and shadow flicker near Portsmouth High School, prompting review and mitigation efforts.

✅ Noise exceeds ambient levels seasonally, residents report fatigue.

✅ Shadow flicker lasts up to 90 minutes on affected homes.

✅ Town tasks developer to meet neighbors and propose mitigation.

 

The combination of the noise and shadows generated by the town’s wind turbine has rankled some neighbors who voiced their frustration to the Town Council during its meeting Monday.

Mark DePasquale, the founder and chairman of the company that owns the turbine, tried to reassure them with promises to address the bothersome conditions.

David Souza, a lifelong town resident who lives on Lowell Drive, showed videos of the repeated, flashing shadows cast on his home by the three blades spinning.

“I am a firefighter. I need to get my sleep,” he said. “And now it’s starting to affect my job. I’m tired.”

Town Council President Keith Hamilton tasked DePasquale with meeting with the neighbors and returning with an update in a month. “What I do need you to do, Mr. DePasquale, is to follow through with all these people.”

DePasquale said he was unaware of the flurry of complaints lodged by the residents Monday. His company had only heard of one complaint. “If I knew there was an issue before tonight, we would have responded,” he said.

His company, Green Development LLC, formerly Wind Energy Development LLC, installed the 279-foot-tall turbine near Portsmouth High School that started running in August 2016, as offshore developers like Deepwater Wind in Massachusetts plan major construction nearby. It replaced another turbine installed by a separate company that broke down in 2012.

In November 2014, the town signed an agreement with Wind Energy Development to take down the existing turbine, pay off the remaining $1.45 million of the bond the town took out to install it and put up a new turbine, amid broader legal debates like the Cornwall wind farm ruling that can affect project timelines.

In exchange, Wind Energy Development sells a portion of the energy generated by the turbine to the town at a rate of 15.5 cents per kilowatt hour for 25 years. Some of the energy generated is sold to the town of Coventry.

“We took down (the old turbine) and paid off the debt,” DePasquale said, noting that cancellations can carry high costs as seen in Ontario wind project penalties for scrapping projects. “I have no problem doing whatever the council wants … There was an economic decision made to pay off the bond and build something better.”

The turbine was on pace to produce 4 million-plus kilowatt hours per year, Michelle Carpenter, the chief operating officer of Wind Energy Development, said last April. It generates enough energy to power all municipal and school buildings in town, she said, while places like Summerside’s wind power show similarly strong output.

The constant stream of shadows cast on certain homes in the area can last for as long as an hour-and-a-half, according to Souza. “We shouldn’t have to put up with this,” he said.

Sprague Street resident John Vegas said the turbine’s noise, especially in late August, is louder than the neighborhood’s ambient noise.

“Throughout the summer, there’s almost no flicker, but this time of year it’s very prominent,” Vegas added. “It can be every day.”

He mentioned neighbors needed to be better organized to get results.

“When the residents purchased our properties we did not have this wind turbine in our backyard,” Souza said in a memo. “Due to the wind turbine … our quality of life has suffered.”

After the discussion, the council unanimously voted to allow Green Development to sublease excess energy to the Rhode Island Convention Center Authority, a similar agreement to the one the company struck with Coventry, as regional New England solar growth adds pressure on grid upgrade planning.

“This has to be a sustainable solution,” DePasquale said. “We will work together with the town on a solution.”

 

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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

Site C Dam Injunction signals Ottawa's neutrality while B.C. reviews a hydroelectric dam project on the Peace River, amid First Nations treaty rights claims, federal approval defenses, and scrutiny of environmental assessment and Crown consultation.

 

Key Points

A legal request to pause Site C while courts weigh First Nations treaty rights, environmental review, and approvals.

✅ Ottawa neutral on injunction; still defends federal approvals

✅ First Nations cite treaty rights over Peace River territory

✅ B.C. jurisdiction, environmental assessment and Crown consultation at issue

 

The federal government is not going to argue against halting construction of the controversial Site C hydroelectric dam in British Columbia while a B.C. court decides if the project violates constitutionally protected treaty rights.

 

Work on Site C suspended prior to First Nations lawsuit

However a spokeswoman for Environment Minister Catherine McKenna said Monday the government will continue to defend the federal approval given for the project in December 2014, even though that approval was given using an environmental review process McKenna herself has said is fundamentally flawed.

The Site C project is an 1,100-megawatt dam and generating station on the Peace River in northern B.C. that will flood parts of the traditional territory of the West Moberly and Prophet River First Nations.

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In January, they filed a civil court case against the provincial government, B.C. Hydro and the federal government asking a judge to decide if their rights were being violated by the dam. A few weeks later, West Moberly asked the court for an injunction to halt construction pending the outcome of the rights case, similar to other contested transmission projects like the Maine electricity corridor debate in New England.

On May 11, lawyers for Attorney General Jody Wilson-Raybould filed a notice that Canada would remain neutral on the question of the injunction, meaning Canada won't argue against the idea of postponing construction for months, if not years, while the rights case winds through the court.

Wilson-Raybould has been silent on Site C since being named Canada's minister of justice in 2015, but in 2012, when she was the B.C. regional chief for the Assembly of First Nations, she said the project was "running roughshod" over treaty rights. The Justice Department on Monday directed questions to Environment and Climate Change Canada.

 

Defence of environmental assessment

McKenna's spokeswoman, Caroline Theriault, said the injunction request is just a procedural step regarding construction and that it is B.C. jurisdiction not federal.

However, she said Canada will defend the environmental assessment and Crown consultation processes and the federally issued permits required for construction.

 

B.C. auditor general set to scrutinize Site C dam project

McKenna has legislation before the House of Commons to overhaul the process for environmental assessment of major projects like hydro dams and pipelines, arguing the former government's procedures had skewed too far towards proponents. The overhaul includes requiring traditional Indigenous knowledge be taken into account, a consideration also central to the Columbia River Treaty talks underway on both sides of the border.

However, Theriault said the commitment to overhaul the process also included a promise not to revisit projects that had already been approved, such as Site C.

"The federal environmental assessment process for the Site C project has already been upheld in other court actions," said Theriault.

 

'It feels kind of odd'

West Moberly Chief Roland Wilson said he was both excited and yet concerned by Canada's decision last week not to oppose the injunction.

"It feels kind of odd and makes me wonder what they're up to," Wilson said.

However he said all he has ever wanted was for the project to be stopped until the question of rights can be answered. Wilson said two previous dams on the Peace River already flooded 80 per cent of the functional land within West Moberly's territory and that Site C will flood half of what's left. That land is used for fishing and hunting and there is also concern the dam will allow mercury to leak into Moberly Lake, he said.

 

Retiree undaunted by steep odds against his petition to stop Site C dam

Construction began in 2015 and more than $2.4 billion has already been spent on a project that will at the earliest, not be completed until 2024 and will cost an estimated $10 billion total, with cost overrun risks underscored by the Muskrat Falls ratepayer agreement in Atlantic Canada.

The province continues to argue against the injunction and will also fight the rights case, even as Alberta suspends power purchase talks with B.C. over energy disputes. Premier John Horgan campaigned on a promise to review the Site C approval. A B.C. Utilities Commission report in November found there are alternatives to building it and that it will go over budget. Nevertheless Horgan in December said he had to let construction continue because cancelling the project would be too costly both for the province and its electricity consumers, despite the B.C. rate freeze announced around the same period.

 

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