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 Environmental Review Tribunal (“ERT” or “Tribunal”) has granted an appeal of a Renewable Energy Approval (“REA”) issued to wpd White Pines Wind Incorporated for its 27 turbine White Pines Wind Project in Prince Edward County (see case 15-068 Hirsch V. Ontario (MOECC) dated February 26, 2016). The ERT concluded the project would cause serious and irreversible harm to two species at risk, the Little Brown Bat and the Blanding’s Turtle. While this is the third REA appeal granted by the ERT, it is the first time that it has found a wind project would cause serious and irreversible harm … Continue Reading
On February 1, 2016 the Petrochemicals Diversification Program (the “PDP”) was announced as “part of the government’s continued action on the economy, helping to create jobs, attract investment and diversify Alberta’s economy.” This announcement was made in the wake of the results of the royalty review released on January 30, 2016, with comparatively little fanfare. Premised on the goal of diversifying Alberta’s economy, and based on the availability of methane and propane in the province, the PDP in its Fact Sheet proposes to capitalize on demand for related higher-value products and promote energy processing within the province.… Continue Reading
Late in December 2015, Hydro-Québec Distribution (“HQD”) announced the postponement by one year of the deadline for submissions in response to its request for proposals (A/P 2015-01) (“RFP”) issued on October 23, 2015 for the development, building and operation of a 6 MW wind farm in the Îles-de-la-Madeleine, in Québec. The objective of this RFP is to integrate a wind farm into the off-grid system of the Îles-de-la-Madeleine, which would contribute to reducing Hydro-Québec’s use of its Cap-aux-Meules oil-fired thermal plant.… Continue Reading
Utilities and power producers have an additional business risk that may need to be reprioritized. While there has been a long standing concern of possible cyberattacks against critical infrastructure, the energy industry has been relatively unscathed. Recently, however, there have been various reports of successful attacks worldwide.… Continue Reading
On June 23, 2015, the Administrative Tribunal of Quebec (the “TAQ”) quashed a monetary administrative penalty (“MAP”) which had been imposed by the Ministry of Sustainable Development, Environment and the Fight against Climate Change (“MSDEFCC”) because of minor violations to a certificate of authorization.… Continue Reading
Hydro-Québec held on July 14 in Montreal an information session regarding the upcoming launch of a request for proposals to develop, build and operate a 6 MW wind farm in the Îles-de-la-Madeleine, in the province of Québec.
That wind farm would be integrated into the off-grid system of the Îles-de-la-Madeleine and would contribute to reducing Hydro-Québec’s use of its Cap-aux-Meules oil-fired thermal plant.… Continue Reading
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
We invite our readers to read an interesting article posted by our colleagues on our Canadian Class Actions Monitor blog regarding a class action in neighborhood disturbances concerning the construction of a wind farm near Quebec City. It can be accessed here.… Continue Reading
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
The approval of industrial wind turbine projects is often met with resistance from the communities in which the projects are to be built. Residents (or businesses) located in close proximity to project sites often challenge the location of a project on the basis that the turbines cause harm to human health or the environment.
Dixon v. Director, Ministry of the Environment is an important case, particularly for those tracking renewable energy or large-scale rural land development projects in Ontario. Dixon is an appeal of three decisions of the Environmental Review Tribunal to approve three wind turbine projects in Bruce and … Continue Reading
On December 16, 2014, Hydro-Québec Distribution announced that it accepted three bids totalling 446.4 MW following the conclusion of its latest request for proposals for the purchase of 450 MW of wind power.
The average electricity price of the bids accepted is 7.6 ¢/kWh, including 1.3 ¢/kWh for transmission costs, and the projects are set to commence operation on December 1, 2016 and December 1, 2017. The electricity supply contracts which will be entered into with the winning bidders will be submitted to the Régie de l’énergie for approval.
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
Hydro-Québec Distribution issued today the third addendum to the call for tenders document in respect of its 450 MW wind call for tenders. Bidders will now be required to submit their bids by November 5, 2014. Bids will be opened on November 6, 2014, but the date for the announcement of successful bids remains to be determined.
On August 22, we reported here that Hydro-Québec Distribution was postponing to an undetermined date the deadline for submission of bids in its latest call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW (A/O 2013-01), pending the approval by the Régie de l’énergie, Québec’s energy board, of the weighting table for the applicable evaluation criteria.
In a decision issued on October 20 and available here (in French only), the Régie de l’énergie finally approved the weighting table. Of interest, the Régie de l’énergie modified the weighting table … Continue Reading
On October 9, 2014, the National Energy Board (the “NEB”) heard oral argument for a motion by Trans Mountain Pipeline ULC (“Trans Mountain”) seeking an order pursuant to sections 12, 13, and 73(a) of the National Energy Board Act (the “Act”). Submissions were made by Trans Mountain and the City of Burnaby (“Burnaby”). At the end of the hearing, the NEB advised a decision will be made soon, but did not provide a specific time frame.
On August 19, 2014, the NEB issued Ruling No. 28 (the “Ruling”). … Continue Reading
On September 30, 2014, Québec Premier Philippe Couillard, jointly with the Minister of Energy and Natural Resources and the Minister Responsible for the Northern Plan, Mr. Pierre Arcand, the Minister for Transport and the Implementation of the Maritime Strategy, Mr. Jean d’Amour, and Mrs. Sophie Brochu, President and CEO of Gaz Métro, the principal distributor of natural gas in Québec, announced an investment by Investissment Québec of $50M in the share capital of the Gaz Métro subsidiary responsible for marketing liquefied natural gas (“LNG”), Gaz Métro LNG. According to the media, this investment represents a 42% stake in … Continue Reading
On December 18, 2013, we reported that Hydro-Québec Distribution (HQD) had issued a call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW. A link to this blog post can be found here (http://www.canadianenergylawblog.com/2013/12/18/hydro-quebec-distribution-issues-a-call-for-tenders-for-450-mw-of-wind-power/).
HQD issued yesterday Addendum #2 to the call for tenders document. This latest Addendum replaces the timetable already provided under Section 3.1 of the call for tenders document and postpones to an undetermined date the deadline for submission of bids, which deadline was initially scheduled for September 3, 2014.
HQD will grant … Continue Reading
Québec Minister of Energy and Natural Resources Pierre Arcand announced yesterday the creation of a Government-industry working group destined to assess the development of the provincial wind power industry.
Turbine suppliers, project developers and component manufacturers will be solicited in the coming weeks to join the 15-member task force whose aim is to find innovative solutions so as to reinforce the sector’s competitiveness. Work will be carried out in a targeted approach in order to support businesses involved in the industry with the development of their expertise and products in order to increase exports and their capacity to respond to … Continue Reading
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:
- Describe the current profile of the energy sector in Québec;
- Analyze the issues pertaining thereto;
- Conduct a public consultation in all regions of Québec; and
- 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
Hydro-Québec Distribution announced today that it has issued a call for tenders for the purchase of a block of wind power produced by facilities with an installed capacity of 450 MW, composed of 300 MW for the Bas St-Laurent and Gaspésie─Îles-de-la-Madeleine regions and 150 MW for projects across Québec.… Continue Reading
Today is the first day of the APPrO 2013 Conference, which will be taking place at the Metro Toronto Convention Center. Sessions will cover a wide range of topics of interest to anyone involved in Ontario’s power sector and there is an impressive roster of speakers. In particular, look out for McCarthy Tétrault’s very own George Vegh, who will be moderating a panel on The Evolution of Policy and Regulation: What’s Ahead for Ontario’s Power Sector? We look forward to seeing you there.… Continue Reading
In light of the anticipated release of Ontario’s new long term energy plan (“2013 LTEP”) near the end of November, we wanted to provide a summary of our colleague George Vegh’s paper, “Energy Planning: The Case for a Less Prescriptive Approach” George is the head of McCarthy Tétrault’s energy regulatory practice.
The paper provides an analysis of the discussion paper and data released by the Government of Ontario on the 2013 LTEP. It compares this year’s plan with previous planning exercises, and proposes a less prescriptive approach to electricity planning.
George identifies the opportunity for a dramatic course correction, especially … Continue Reading
On August 28, 2013, we reported that the Quebec Government had published a draft regulation under An Act Respecting the Régie de l’énergie setting out the framework for the procurement of an initial 450-MW block of wind power of the previously announced 800 MW of wind power to be procured. A link to this blog post can be found here. Read more.… Continue Reading