Canadian Energy Perspectives Developments in Energy and Power Law

Category Archives: Energy – Renewable, Alternative and Clean

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Canadian Energy Perspectives

ERT revokes renewable energy due to airport impacts

Posted in Energy – Renewable, Alternative and Clean, Power, Renewable Energy Approval

As we reported in a blog post in October 2016, the Renewable Energy Approval (“REA”) for the Fairview Wind Farm (“Fairview”) in Clearview Township was revoked by the Environmental Review Tribunal (“ERT”) on the basis that the project would cause serious and irreversible harm to the endangered species of bat, the little brown bats. The ERT also concluded, for the first time, that there would be harm to human health due to close proximity of the project to the Collingwood Airport and the Clairview Field Airport.

The ERT granted a request from Fairview to address remedies with respect to the … Continue Reading

In Pursuit of Sustainable Communities: Survey finds that Indigenous Participation is Driving Clean Energy Growth in Canada

Posted in Aboriginal, Climate Change, Energy – Renewable, Alternative and Clean, Energy Partnerships

A pioneering survey has found that Indigenous participation in Canada’s clean energy economy has grown rapidly over the past 20 years, in all regions of the country. Lumos Clean Energy Advisors (Lumos), an advisor to First Nations, Métis and Inuit communities, undertook a review of national research and drew on the company’s database of clean energy projects. In particular, Lumos looked at 152 medium to large-scale solar, wind, hydro and bio-energy clean energy projects now in operation (medium to large projects are categorized as renewable energy projects generating one (1) megawatt of electricity at full operating capacity). The resulting report, … Continue Reading

The Final Countdown – AESO Opens Request for Proposal Stage in Round 1 of Alberta’s Renewable Energy Program

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Power, Procurement
Alberta

On September 15, 2017, the Alberta Electric System Operator (AESO) announced the opening of the final Request for Proposal (RFP) stage of Round 1 of the Renewable Energy Program (REP).

While an official list of the successful projects and proponents has not been publicly issued, the AESO communicated that it invited 29 qualified projects representing approximately 4,000 MW from Canadian and international companies to participate in the RFP stage.… Continue Reading

Canadian Bidders in First Massachusetts Clean Energy RFP

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Power, Procurement

Five Massachusetts-based affiliates of electricity distributors Unitil, Eversource and National Grid (the “Massachusetts Distributors”), together with the Massachusetts Department of Energy Resources (“MDOER”), have reported receiving 46 proposals in response to the ‘Request for Proposals for Long-term Contracts for Clean Energy Projects’ (the “RFP”) they had jointly issued in March 2017. The RFP is one of several initiatives put forward to meet the Commonwealth’s ambitious clean energy goals, most recently promoted by its enactment of the Chapter 188 energy diversity bill in 2016.  Among other matters, the bill mandates that the Massachusetts … Continue Reading

Quebec Releases Energy Policy’s 2017-2020 Action Plan

Posted in Energy – Renewable, Alternative and Clean, Hydro-Québec, Québec
Québec

On June 26, 2017, Québec’s Energy and Natural Resources Minister, Mr. Pierre Arcand, unveiled the 2017-2020 Action Plan (the “Plan”), a first step towards implementing the 2030 Energy Policy (the “Policy”). The Policy, made public in April 2016 by the Québec Government, sets forth ambitious targets aimed at reducing both Quebec’s consumption of fossil fuels and its dependency on foreign energy, thereby achieving “energetic transition”.

A year later, the Action Plan sets out 42 measures (in French only), backed by $1.5 billion public investments, providing for concrete actions which are divided in four axes: (1) integrating … Continue Reading

Round 1 of Alberta’s Renewable Electricity Program Opens on March 31, 2017

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Power, Procurement
Alberta

Renewable Electricity Program

The Government of Alberta announced that the Alberta Electric System Operator (AESO) will launch the first competition of the Renewable Electricity Program (REP) on March 31, 2017 with a Request for Expressions of Interest (REOI).  Additional details with respect to Round 1 and the REOI stage will be available here on March 31, 2017.

As detailed in a previous blog post with respect to the REP process, the stakeholder comments on the key provisions of the Renewable Electricity Support Agreement (RESA) and the first competition will procure up to 400 megawatts of renewable … Continue Reading

Emera’s Atlantic Link Proposal

Posted in Electricity, Energy – Renewable, Alternative and Clean, Power, Procurement, Transmission
New Brunswick

In early January 2017, Halifax-based energy and services provider, Emera Inc., initiated a solicitation process to procure clean energy for bundling with transmission capacity on its proposed Atlantic Link transmission project. The Atlantic Link proposal would deliver up to 900 megawatts (MWs) of energy from a new converter station to be constructed at Coleston Cove, New Brunswick to a new converter station to be constructed at one of two proposed landing sites in Massachusetts. The energy would be transmitted through an approximately 563 kilometer under water high-voltage direct current electric transmission line. The combined generation and transmission proposal is being … Continue Reading

“Going Once, Going Twice” – BC Hydro Revises Available Energy Volumes under SOP and Micro-SOP

Posted in BC Hydro, Energy – Renewable, Alternative and Clean, Independent Producers, Power, Procurement
British Columbia

On February 21, 2017, BC Hydro released new figures for its Standing Offer Program (“SOP”) and Micro-Standing Offer Program (“Micro-SOP”) showing that it has assigned nearly all of the available annual volume for projects with target commercial operation dates (“Target CODs”) in 2016, 2017, 2018 and 2019. BC Hydro had previously allocated up to 150 GWh/year of available energy volume for each of these Target COD years (under both the SOP and Micro-SOP), on a first-come, first-served basis. The newly-published figures show available energy volumes of zero, three, eight and zero GWh/year for projects … Continue Reading

Issuance of Request for Qualification for 200 MW of Wind Energy in Saskatchewan

Posted in Energy – Renewable, Alternative and Clean, Procurement
Saskatchewan

Last week, SaskPower, the provincial electricity production corporation for Saskatchewan, initiated a procurement process for 200 MW of wind energy for a fixed term of 25 years. The request for qualifications phase has begun and will be followed by a request for proposals later this year.

Saskatchewan has set a target to reduce 40 % of its greenhouse gas emissions below 2005 levels and to ensure that half of all electricity generated in the province originates from renewable sources by 2030. SaskPower seeks to procure new sources of energy through a competitive bidding process, as was the case for the … Continue Reading

Request for expressions of interest in New Brunswick for 40 MW of renewable energy

Posted in Energy – Renewable, Alternative and Clean, NB Power, Procurement
New Brunswick

NB Power, the provincial electricity production corporation for New Brunswick, announced on January 26, 2017 the launch of a request for expressions of interest to obtain 40 MW of electricity from local entities for contracts of no less than 20 years. Partners from outside of the province also may qualify for the program.

In November 2015, the government of New Brunswick adopted a regulation mandating NB Power to ensure that 40 % of total electricity sales in the province be generated from renewable sources of energy by the end of 2020. Entitled the Electricity from Renewable Resources Regulation, it … Continue Reading

AESO Releases Key Information regarding the Renewable Electricity Program and Announces an Education Session on Capacity Markets

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Power, Procurement
Alberta

On January 19th and 31st, 2017, the Alberta Electric System Operator (the AESO) provided additional guidance regarding project eligibility, updated its timeline for the first competition under Alberta’s Renewable Electricity Program (REP) and posted the consolidated stakeholder comments on the key provisions of the Renewable Electricity Support Agreement (RESA).

This post provides an overview of the new details regarding the REP and an update with respect to the upcoming AESO education session on Alberta’s capacity market to be held in Calgary on February 7th, 2017.… Continue Reading

Canadian Power: Key Developments in 2016/Trends to Watch for in 2017

Posted in Aboriginal, BC Hydro, Climate Change, Electricity, Emissions Regulation, Energy – Renewable, Alternative and Clean, Regulation

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McCarthy Tétrault LLP’s Power Group has launched the 2nd edition of its publication, ‘Canadian Power – Key Developments in 2016/Trends to Watch for in 2017’. The publication provides a detailed overview of significant developments in the Canadian power sector over the past year, as well as emerging trends that will be relevant in the coming year. Content includes in-depth regional analyses of developments in British Columbia, Alberta, Ontario and Québec, as well as commentary on the impact of specific issues on the power sector, such as recent M&A activity and developments in aboriginal law and environmental regulations … Continue Reading

Alberta’s Renewable Electricity Support Agreement: McCarthy Tétrault Submission to the AESO on the Draft Term Sheet

Posted in Energy – Renewable, Alternative and Clean, Power, Procurement
Alberta

Almost a year after the provincial government released its Climate Leadership Plan, it tabled the Renewable Electricity Act (Act) and released details on its Renewable Electricity Program (REP).

Consistent with the Alberta Electric System Operator’s (AESO) earlier indications and as discussed in previous posts, renewable electricity will include wind, solar, hydro, geothermal, and sustainable biomass projects.  The REP is available to large scale renewable electricity generation (5 MW or greater total nominal capacity).  Under the Act, the AESO will administer “a fair and competitive process” for REP proposals to incentivize renewable generation in the Alberta in … Continue Reading

The New Current: Alberta Announces Overhaul of Electricity Market

Posted in Electricity, Energy – Renewable, Alternative and Clean, Power
Alberta

On November 23, 2016, the Government of Alberta announced the restructuring of Alberta’s electricity market, from a fully deregulated regime to a hybrid system that incorporates capacity payment mechanisms.

Alberta is one of the few jurisdictions in the world with an “energy-only” market.  This means that Alberta generators only recover the wholesale price of electricity.  Investors are only able to recover invested capital if they can leverage high-priced hours, and in this way, the energy-only system contains the risk of supply instability and may not promote investment in generation facilities and, in particular, renewable energy sources.… Continue Reading

Hydro-Québec Distribution Issues New RFP for a Forest Biomass Cogeneration Plant in Obedjiwan Community

Posted in Biomass, Hydro-Québec, RFP
Québec

On November 16, 2016, Hydro-Québec Distribution (“HQD”) issued a new request for proposals (A/P 2016-01) (“RFP”) to develop, build and operate a forest biomass cogeneration plant which would be integrated to the Obedjiwan off-grid system located in Haute-Mauricie, near the Gouin Reservoir, in the province of Québec.

The issuance of the RFP reflects HQD’s intention to “progressively convert off-grid systems to more reliable, cleaner, less expensive energy sources” in accordance with its Strategic Plan 2016-2020.… Continue Reading

Paving the Route to 2050: Canada Releases Mid-Century Strategy for a Clean Growth Economy

Posted in Climate Change, Climate Policy, Electricity, Emissions Regulation, Energy – Renewable, Alternative and Clean

The Paris Climate Change Agreement came into force on November 4, 2016 and as global efforts get underway to implement the agreement, the Canadian federal government continues to craft its strategy to shift Canada to a low-emissions economy. At the recent United Nations climate change conference (COP 22) in Marrakech, Morocco that was held from November 7 – 18, 2016, the Minister of Environment and Climate Change announced Canada’s Mid-Century Long-Term Low-Greenhouse Gas Development Strategy (the Long-Term GHG Strategy) at COP 22, making Canada one‎ of the first countries to do so.… Continue Reading

Calgary Herald Interviews Seán O’Neill

Posted in Coal, Energy – Renewable, Alternative and Clean
Alberta

We are delighted that McCarthy Tétrault partner Seán O’Neill has been quoted in a recent article by Reid Southwick and Chris Varcoe of the Calgary Herald. In the interview, Seán discusses the potential impact of Alberta’s NDP government enacting retroactive legislation to change or invalidate the change of law provisions in Alberta coal-fired generation power purchase arrangements. … Continue Reading

Change is in the Wind: Alberta Government Tables the Renewable Electricity Act

Posted in Biomass, Energy – Renewable, Alternative and Clean, Solar, Wind
Alberta

Almost a year after the provincial government released its Climate Leadership Plan, it tabled the Renewable Electricity Act (Act) and released details on its Renewable Electricity Program (REP).

Consistent with the Alberta Electric System Operator’s (AESO) earlier indications and as discussed in previous posts, renewable electricity will include wind, solar, hydro, geothermal, and sustainable biomass projects.  The REP is available to large scale renewable electricity generation (5 MW or greater total nominal capacity).  Under the Act, the AESO will administer “a fair and competitive process” for REP proposals to incentivize renewable generation in the Alberta in … Continue Reading

Renewable Generation Incentives in Alberta Contracts for Differences: the Way Forward?

Posted in Climate Change, Climate Policy, Electricity, Energy – Renewable, Alternative and Clean
Alberta

Last November, the Alberta government released its Climate Leadership Plan, setting out the phase-out of coal-fired electricity generation by 2030, to be replaced with two thirds renewable energy generation and one third natural gas generation.  Then, the Alberta Electric Systems Operator (AESO) was subsequently directed to develop an incentives program for renewable generation.… Continue Reading

Alberta Power Market Update

Posted in Carbon Tax, Climate Change, Emissions Regulation, Energy – Renewable, Alternative and Clean
Alberta

Last year’s election ushered in Alberta’s first regime change since 1971, resulting in a wave of policy changes involving renewable generation development, the phase-out of coal-fired generation, and emissions and carbon tax policy.  This update captures certain key aspects to these changes and takes stock of things to come.

Alberta’s provincial government released its Climate Leadership Plan (Climate Plan) in November of 2015, as discussed in a previous post.  This post focuses on the following key Climate Plan policy announcements affecting the power industry:

  • incentives for renewable generation,
  • phase-out of coal fired generation emissions by 2030,
  • implementing
Continue Reading

Large Renewable Procurement II – Ontario Suspends LRP II

Posted in Energy – Renewable, Alternative and Clean, Independent Producers, Ontario Independent Electricity System Operator, Power

On September 27, 2016, the Minister of Energy of Ontario issued a policy direction to suspend the Large Renewable Procurement II (“LRP II”) process. In response to this direction, the IESO cancelled the first phase of the LRP II (the Request for Qualifications (“RFQ”)) and will not commence the second phase of the process (the Request for Proposals (“RFP”)).

Launch of LRP II Process

The LRP II was announced on April 5, 2016 with procurement targets of 600 MW of wind, 250 MW of solar, 50 MW of waterpower, 30 MW of bioenergy and … Continue Reading

30 by 30: Alberta Announces Hard Targets in Alberta Renewables

Posted in Electricity, Energy – Renewable, Alternative and Clean, Power, Utilities
Alberta

On September 14, 2016, the Alberta Government announced its firm target that 30% of electricity used in Alberta will come from renewable sources such as wind, hydro and solar by 2030.  In order to achieve this, the province intends to support 5,000 MW of additional renewable capacity.

The province’s 30 by 30 announcement also provides useful details regarding eligibility for the Renewable Electricity Program (or REP).  Projects must:

  • be based in Alberta,
  • be new or expanded,
  • be five megawatts or greater in size, and
  • meet the Natural Resources Canada definition of renewable sources.
Continue Reading

Large Renewable Procurement II – Final LRP II RFQ Materials Posted

Posted in Energy – Renewable, Alternative and Clean, Independent Producers, Ontario Independent Electricity System Operator, Power
Ontario

On July 29, 2016, the IESO posted the final materials for the Large Renewal Project II (“LRP II”) Request for Qualifications (“RFQ”). Draft materials were posted on June 27, 2016 and the IESO solicited feedback from potential applicants and industry groups. As a result of this consultation, minor changes were included in the final materials for the LRP II RFQ.

As previously noted in detail in our post on July 15, 2016, the two major changes to the LRP II RFQ process are the introduction of the simplified process for LRP I Qualified Applicants (“… Continue Reading

Large Renewable Procurement II – IESO Webinar re: Upgrades of Existing Facilities

Posted in Energy – Renewable, Alternative and Clean, Independent Producers, Ontario Independent Electricity System Operator, Power
Ontario

On July 21, 2016, the IESO hosted a discussion on the portion of the Large Renewable Procurement II (“LRP II”) process pertaining to technological upgrades and optimization of existing renewable facilities. This discussion provided potential applicants with an opportunity to provide comments and feedback to the IESO as to the types of technologies that should be included in the LRP II process, procurement considerations for such technologies and contractual considerations.

Prescribed Form – Technical Upgrades and Optimization

The Prescribed Form for Technical Upgrades and Optimization is required for applicants submitting an RFQ for a technological upgrade and optimization … Continue Reading