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BC Hydro Site C Litigation Update – New petition filed by Treaty 8 First Nations, while injunctive relief denied; Federal Court dismisses two challenges to Site C

Posted in BC Hydro, Hydroelectric
British Columbia

This post provides an update on the latest developments in the litigation proceedings involving BC Hydro’s Site C Clean Energy Project (Site C), and a summary of the current status of each of the judicial review applications that have been filed to date. Please see our earlier posts on July 21st and August 14th for additional background on the judicial review proceedings filed in BC Supreme Court and Federal Court.… Continue Reading

Hydro-Québec Issues New RFP for Wind Power Integration Service

Posted in Hydroelectric, Québec Hydro-Québec, Wind

On July 17, 2015, Hydro-Québec Distribution (“HQD”) issued a new request for proposals (A/O 2015-02) (the “RFP”) for the purchase of a wind power integration service for all of its wind farms under contract.

The proposals will be required to include a balancing service to guarantee wind energy deliveries as well as additional firm capacity during the winter period, from December 1 to March 31 of each year.… Continue Reading

Hydro-Québec RFP A/O 2015-01 Deadline for Submitting Bids has Passed

Posted in Biomass, Energy – Renewable, Alternative and Clean, Hydroelectric, Natural Gas, Québec Hydro-Québec

The deadline for submitting bids in Hydro-Québec Distribution’s RFP A/O 2015-01 was May 20, 2015. Such RFP aims at purchasing 500 MW of firm capacity and associated energy to meet the long-term domestic electricity needs of Québec.… Continue Reading

BC Hydro Discloses Available Yearly Target Energy Volume Information under Standing Offer Program

Posted in BC Hydro, Biomass, Electricity, Energy – Renewable, Alternative and Clean, Hydroelectric, Power, Purchase Agreements, Solar, Wind
British Columbia

On February 10, 2015, BC Hydro announced that it is making available yearly target energy volume information to help developers with project planning under its Standing Offer Program (SOP). As part of the “Clean Energy Strategy” included in BC Hydro’s 2013 Integrated Resource Plan, the SOP’s annual target energy volume was increased from 50 GWh/year to 150 GWh/year.… Continue Reading

B.C. Government Approves Site C Clean Energy Project

Posted in BC Hydro, Electricity, Hydroelectric
British Columbia

On December 16, 2014, the B.C. government approved BC Hydro’s Site C Clean Energy Project (Site C), concluding that the 1,100-megawatt hydroelectric project represents the province’s most affordable and reliable long-term source of clean power, saving ratepayers an average of $650 to $900 million each year over the first 50 years of its project life compared to a portfolio of independent power projects backed up by natural gas-fired generation.

A copy of the B.C. government’s press release, which includes links to relevant background materials, is available here.… Continue Reading

Top Ten Issues For Developers and Lenders Under the Ontario Power Authority Large Renewable Procurement I Contract

Posted in Biomass, Curtailment, Energy – Renewable, Alternative and Clean, Hydroelectric, Ontario Power Authority, Power, Procurement, Projects, Solar, Wind

Following our recent blog posting on the release of the Ontario Power Authority (“OPA”) Draft LRP I RFP, LRP I Contract and draft Prescribed Forms released on November 17, 2014 here, we continue the tradition of year-end lists to bring our top ten issues under the draft LRP I Contract (the “Contract”).  … Continue Reading

Site C Project Granted Environmental Approvals by B.C. and Federal Governments

Posted in Aboriginal, BC Hydro, Electricity, Hydroelectric
British Columbia

The B.C. and federal governments have granted environmental approvals to BC Hydro for its Site C Clean Energy Project (Site C).  B.C. Environment Minister Mary Polak announced on October 14, 2014 the issuance of an environmental assessment certificate (EA Certificate) for Site C, concluding that the project is in the public interest and that its benefits outweigh the risks of significant adverse environmental, social and heritage effects.  In addition, federal Environment Minister Leona Aglukkaq issued a decision statement (Decision Statement) approving Site C, declaring that the significant adverse environmental effects that Site C is likely to cause are justified in … Continue Reading

The Future Energy Policy of Québec: Promoting Energy Efficiency Over Security of Supply?

Posted in Biomass, Conservation, Electricity, Energy – Renewable, Alternative and Clean, Hydroelectric, Power, Québec Hydro-Québec, Régie de l’énergie, Transmission, Wind

On July 4, 2013, the Minister of Natural Resources and Wildlife of the Parti Québécois government in office at the time, Ms. Martine Ouellet, gave the following mandate to the Commission sur les enjeux énergétiques (hereinafter, the Commission), co-chaired by Messrs. Roger Lanoue and Normand Mousseau:

  1. Describe the current profile of the energy sector in Québec;
  2. Analyze the issues pertaining thereto;
  3. Conduct a public consultation in all regions of Québec; and
  4. Produce a report including recommendations for the next energy strategy of Québec expected in 2015.

After visiting 15 regions of Québec, hearing more than 800 people and studying 460 … Continue Reading

Alberta Renewables Update

Alberta Government Signals Greater Customer Choice for Renewable Energy

Posted in Electricity, Energy – Renewable, Alternative and Clean, Hydroelectric

The Alberta government in its recent Speech from the Throne promised to introduce an alternative renewable energy framework that will allow consumers to exercise choice within the existing system.

In 2007, a report prepared for the Clean Air Strategic Alliance by stakeholders from government, industry and non-government organizations recommended a renewable energy framework that would, among other things:

  • foster market demand;
  • incorporate environmental costs and benefits into the marketplace;
  • establish an emissions trading system; and
  • foster an investment environment for the generation and sale of renewable and alternative power.

Currently, coal-fired plants make up about 41 per cent of Alberta’s … Continue Reading

BC Government Releases Draft “Water Sustainability Act”

Posted in BC Hydro, Hydroelectric, Water
British Columbia

On March 11, 2014, the BC government introduced the Water Sustainability Act into the Legislature for first reading as Bill 18 (Bill).  If passed, the Water Sustainability Act will replace and modernize BC’s century-old Water Act.

As noted in our prior blog post, the introduction of formal legislation is the culmination of over four years of consultations and follows on the heels of a detailed legislative proposal (Legislative Proposal) on the statute released by the government on October 18, 2013.  … Continue Reading

Québec Government and Alcoa Announce New Power Supply Agreement

Posted in Electricity, Hydroelectric, Québec Hydro-Québec, Transmission

The Government of Québec and Alcoa announced today that they have entered into a new agreement for the supply of electricity by Hydro-Québec to Alcoa’s Bécancour, Deschambault and Baie-Comeau facilities.

The agreement secures power supply to the Bécancour and Deschambault smelters until 2030 and to the Baie-Comeau plant until 2036. In consideration for an undertaking by Alcoa to maintain a certain employment level and to invest a minimum of $250 million over the next five years (including $150 million dedicated to modernizing the Baie-Comeau facility), the agreement essentially provides for an improved electricity tariff for Alcoa’s plants reflecting the current … Continue Reading

BC Government’s Proposed “Water Sustainability Act” May Provide Certainty for Hydro Power Projects

Posted in BC Hydro, Hydroelectric, Water
British Columbia

On Friday, October 18, 2013, the BC government released its legislative proposal for a new Water Sustainability Act.  The proposed legislation is intended to update and replace the existing Water Act and comprehensively modernize provincial water laws.  The current Water Act is commonly criticized for failing to regulate groundwater usage and provide adequate protections for water security, stream health and aquatic environments.… Continue Reading

Clean Energy Pipeline Rankings

McCarthy Tétrault tops national league tables for renewable energy transactions

Posted in Awards and Recognitions, Biomass, Energy – Renewable, Alternative and Clean, Hydroelectric, Liquefied Natural Gas, Natural Gas, Project Finance, Solar, Tidal, Wind

The 2013 edition of the Clean Energy Canada Finance Guide is out, and we are pleased that we have again topped the Canadian league tables for renewable energy transactions. In particular, we are credited as having advised on:

  • the highest number of eligible project finance transactions: a total of 16 deals collectively valued at $2.9 billion
  • the highest number of eligible M&A, private equity and venture capital transactions: a total of 7 deals collectively valued at $2.09 billion

Clean Energy Pipeline, published by VB Research and based in London, UK, provides daily news and information about clean energy developments … Continue Reading

BC Hydro Releases Revised Draft Integrated Resource Plan for Consultation

Posted in BC Hydro, BC Ministry of Energy, Mines and Natural Gas, Electricity, Energy – Renewable, Alternative and Clean, Hydroelectric
British Columbia

Today, Bill Bennett, Minister of Energy and Mines and Minister responsible for Core Review, directed BC Hydro to release its draft Integrated Resource Plan (the IRP) to the public and carry out another round of public consultation with the public, stakeholders and First Nations.… Continue Reading

Eventful Day for Eastern Canada Electric Power Industry

Posted in Electricity, Energy – Renewable, Alternative and Clean, Hydroelectric, Power, Projects, Purchase Agreements, Québec Hydro-Québec, Transmission, Wind

July 22, 2013 was an eventful day for Canada’s eastern provinces, with two noteworthy developments concerning the future of their electricity industries, including the Nalcor Energy Lower Churchill mega hydroelectric project and its 824 MW first phase Muskrat Falls hydroelectric project.

First, Hydro-Québec, Québec’s electricity utility, filed a motion with the Québec Superior Court for a declaratory judgment challenging two recent positions taken by Churchill Falls (Labrador) Corporation Limited (CFLCo) with respect to the May 12, 1969 Churchill Falls Power Contract (the Power Contract).

CFLCo is a subsidiary of Newfoundland and Labrador Hydro, itself a subsidiary of Nalcor Energy, Newfoundland … Continue Reading

BC Government Presents Throne Speech and Updated 2013 Budget

Posted in BC Hydro, Carbon Tax, Energy – Renewable, Alternative and Clean, Hydroelectric, Liquefied Natural Gas, Power, Regulation, Transmission, Wind
British Columbia

 The recently re-elected BC Liberal government presented its Throne Speech on June 26, 2013, and followed up with its June 2013 Budget Update on June 27, 2013. Although it was first presented in February 2013, the budget did not pass before the provincial election was called and required updating once the Legislature re-convened.

Not surprisingly, the Throne Speech focused on the energy sector and highlighted the economic opportunities surrounding the government’s plan to develop a liquefied natural gas (LNG) industry focused on exports to Asia. To this end, the BC government has created a new Ministry of Natural Gas Development, … Continue Reading

2013 CAMPUT Conference

McCarthy Tétrault is attending the 2013 CAMPUT Conference

Posted in Electricity, Energy – Conventional, Energy – Renewable, Alternative and Clean, Hydroelectric, Natural Gas, Policy, Regulation

The 2013 CAMPUT Conference will be held next week in Niagara Falls, Ontario. This is Canada’s premier energy regulatory conference, bringing together all those who work in Canada’s energy regulatory space.

CAMPUT 2013, Serving the Public Interest: The Regulator’s Balancing Act, promises to be exciting. Speakers will include members of boards and commissions responsible for energy regulation across Canada, including the Chair of the Ontario Energy Board (the OEB) and other OEB members, as well as representatives of industry associations, academics and leading industry executives.… Continue Reading

Replacement of John Hart Generating Station Announced

Posted in BC Hydro, BC Utilities Commission, Energy – Renewable, Alternative and Clean, Hydroelectric
British Columbia

 The BC Utilities Commission (BCUC) released its decision on February 8, 2013, approving BC Hydro’s application to replace the John Hart Generating Station (John Hart). John Hart, located in Campbell River on Vancouver Island, has been in operation since 1947. The 126-megawatt station was the first of three generating stations constructed on the Campbell River and is one of the oldest electricity generating facilities in BC Hydro’s entire system. The station and the six-dam structures that surround the John Hart Reservoir represent 17% of the total generating capacity BC Hydro can access on Vancouver Island. BC Hydro cites seismic risk, Continue Reading

BC Hydro Files Environmental Impact Statement for Site C Project

Posted in BC Hydro, Energy – Renewable, Alternative and Clean, Hydroelectric, Projects
British Columbia

  On January 28, 2013, BC Hydro filed a five-volume environmental impact statement, including an executive summary, with the Canadian Environmental Assessment Agency and the BC Environmental Assessment Office for its proposed Site C Clean Energy Project (Site C).

If constructed, Site C would be the third dam and generating station on the Peace River in northeast BC. BC Hydro is proposing a 1,050-metre-long and 60-metre tall dam with an 83-kilometre reservoir designed to produce 1,100 megawatts of capacity and approximately 5,100 gigawatt hours of electrical energy annually. The public consultation period for the Site C environmental impact statement Continue Reading

US Fiscal Cliff Legislation Extends Production and Investment Tax Credits for Renewable Energy

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

 On January 1, 2013, the Senate and the House of Representatives approved H.R. 8, the American Taxpayer Relief Act of 2012 (the Bill) by a vote of 89-8 and 257-167, respectively. The Bill is the long-awaited and much negotiated response to the numerous expiring tax cuts and automatic reductions to federal expenditures, known as the “fiscal cliff”, which were set to go into effect at the beginning of the year.

Among the Bill’s various amendments to the US Internal Revenue Code of 1986 (the Code), is section 407 of the Bill, which extends the production tax credit under section 45 Continue Reading