City of Burnaby Calls for NEB Panel Suspension over Kinder Morgan Pipeline

Posted on January 23, 2016 by duanetilden

The Trans Mountain pipeline expansion project has failed to gain social licence from the provincial government, or any Lower Mainland municipality or First Nation, and the National Energy Board (. . .

Sourced through Scoop.it from: www.burnabynow.com

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“[…] In a fiery double-barrel blast, Gregory McDade, legal counsel for the City of Burnaby, fired one barrel at Kinder Morgan Inc., the company behind the expansion project, and the other at the NEB panel itself.

Citing Prime Minister Justin Trudeau’s promise to overhaul the NEB, which he criticized for becoming politicized, McDade said, “Burnaby should not be the last victim of a flawed process.

“The City of Burnaby calls upon this panel to suspend these hearings,” McDade said. “We call upon this panel to reset the process in a way that keeps faith with the public trust that the prime minister of Canada has claimed he has.”

McDade quoted Trudeau, who said, “Governments grant permits, but only communities grant permission.”

“Let me be clear, this pipeline does not have community permission,” McDade said. “Not from the community of Burnaby, nor from any of the Lower Mainland municipalities, nor from the public or the Government of British Columbia.” […]

The Trans Mountain pipeline was originally built in the 1950s and fed a number of B.C. refineries that made gasoline, diesel and jet fuel for domestic use.

The Chevron plant in Burnaby, where the pipeline terminates, is the only refinery left in the Lower Mainland. As it stands, it has to compete with other companies for the oil that moves from the pipeline.

A twinning of the pipeline would triple its carrying capacity. But that’s by no means a guarantee that the Chevron refinery will necessarily have access to more oil. Of the 890,000 barrels per day an expanded pipeline would move, 707,500 barrels are spoken for by 13 shippers in offtake agreements, with the oil destined for refineries outside of Canada.

“This is not a pipeline, I say, to bring oil to the Lower Mainland to supply local industry, to bring us gasoline, as the pipeline was in the 1950s,” McDade said. “This is a pipeline solely for export. No benefits to B.C. at all, but all the burdens and all the risk are borne here.”

Of the 49 interveners making oral presentations at the Burnaby public hearings, 19 are B.C. First Nations, including three key Lower Mainland groups – the Squamish, Musqueam and Tsleil-Waututh – all of whom are opposed to the project.

The expanded pipeline would increase oil tanker traffic to 34 per month from the current five. Musqueam Councillor Morgan Guerin said on Jan. 19 that the wake caused by tankers means small fishing vessels would have to stop every time a tanker goes by.

The Musqueam would view that as a potential infringement of their aboriginal rights to fish – a right that was affirmed in the landmark Sparrow case. […]”

DOE’s 3 Year $220M Grid Modernization Plan

Posted on January 22, 2016 by duanetilden

With 88 projects from coast to coast, it might be the biggest grid edge R&D effort ever. Here’s how the money is going to be spent.

Sourced through Scoop.it from: www.greentechmedia.com

“[…] The Grid Modernization Multi-Year Program Plan will bring a consortium of 14 national laboratories together with more than 100 companies, utilities, research organizations, state regulators and regional grid operators. The scope of this work includes integrating renewable energy, energy storage and smart building technologies at the edges of the grid network, at a much greater scale than is done today.

That will require a complicated mix of customer-owned and utility-controlled technology, all of which must be secured against cyberattacks and extreme weather events. And at some point, all of this new technology will need to become part of how utilities, grid operators, regulators, ratepayers and new energy services providers manage the economics of the grid.

DOE has already started releasing funds to 10 “pioneer regional partnerships,” or “early-stage, public-private collaborative projects […] The projects range from remote microgrids in Alaska and grid resiliency in New Orleans, to renewable energy integration in Vermont and Hawaii, and scaling up to statewide energy regulatory overhauls in California and New York. Others are providing software simulation capabilities to utilities and grid operators around the country, or looking at ways to tie the country’s massive eastern and western grids into a more secure and efficient whole.

Another six “core” projects are working on more central issues, like creating the “fundamental knowledge, metrics and tools we’re going to need to establish the foundation of this effort,” he said (David Danielson). Those include technology architecture and interoperability, device testing and validation, setting values for different grid services that integrated distributed energy resources (DERs) can provide, and coming up with the right sensor and control strategy to balance costs and complexity.

Finally, the DOE has identified six “cross-cutting” technology areas that it wants to support, Patricia Hoffman, assistant secretary of DOE’s Office of Electricity Delivery and Energy Reliability, noted in last week’s conference call. Those include device and integrated system testing, sensing and measurement, system operations and controls, design and planning tools, security and resilience, and institutional support for the utilities, state regulators and regional grid operators that will be the entities that end up deploying this technology at scale.

Much of the work is being driven by the power grid modernization needs laid out in DOE’s Quadrennial Energy Review, which called for $3.5 billion in new spending to modernize and strengthen the country’s power grid, while the Quadrennial Technology Review brought cybersecurity and interoperability concerns to bear.[…]

DOE will hold six regional workshops over the coming months to provide more details, Danielson said. We’ve already seen one come out this week — the $18 million in SunShot grants for six projects testing out ways to bring storage-backed solar power to the grid at a cost of less than 14 cents per kilowatt-hour.

“We can’t look at one attribute of the grid at a time,” he said. “We’re not just looking for a secure grid — we’re looking for an affordable grid, a sustainable grid, a resilient grid.” And one that can foster renewable energy and greenhouse gas reduction at the state-by-state and national levels. […]

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Ski resorts and climate change

Posted on January 20, 2016 by duanetilden

Mountain Journal

As climate change bears down on us, winters become ever more erratic. This impacts on the economic viability of ski resorts and the jobs of people who rely on them. In their quest to remain commercially viable, most ski resorts are adopting the double edged strategy of claiming a space in the ‘green season’ tourism market while also investing in snow making technology. A small number are also showing leadership in terms of grappling with the actual problem of climate change. Sadly, no Australian resorts are in this category.

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Is Utility-Scale Solar Power the Economic Choice to Residential Solar Power?

Posted on January 20, 2016 by duanetilden

Originally published on Solar Love. A new study has concluded that utility-scale solar PV systems across the US are “significantly” more cost effective than rooftop solar PV systems. Sp…

Sourced through Scoop.it from: cleantechnica.com

“[…] the study, conducted by economists at global consulting firm The Brattle Group, found that utility-scale solar PV systems were more cost effective at achieving the economic and policy benefits of PV solar than rooftop or residential-scale solar was.

The study, Comparative Generation Costs of Utility-Scale and Residential-Scale PV in Xcel Energy Colorado’s Service Area, published Monday, is the first of its kind to study a “solar on solar” comparison.

“Over the last decade, solar energy costs for both rooftop and bulk-power applications have come down dramatically,” said Dr. Peter Fox-Penner, Brattle principal and co-author of the study. “But utility-scale solar will remain substantially less expensive per kWh generated than rooftop PV. In addition, utility-scale PV allows everyone access to solar power. From the standpoint of cost, equity, and environmental benefits, large-scale solar is a crucial resource.”

The study yielded two key findings:

The generation cost of energy from 300 MW of utility-scale PV solar is roughly 50% the cost per kWh of the output from an equivalent 300 MW of 5kW residential-scale systems when deployed on the Xcel Energy Colorado system, and utility-scale solar remains more cost effective in all scenarios considered in the study.
In that same setting, 300 MW of PV solar deployed in a utility-scale configuration also avoids approximately 50% more carbon emissions than an equivalent amount of residential-scale PV solar. […]

The report itself was commissioned by American thin-film photovoltaic manufacturer and utility scale developer First Solar with support from Edison Electric Institute, while Xcel Energy Colorado provided data and technical support. Specifically, the report examined the comparative customer-paid costs of generating power from equal amounts of utility-scale and residential/rooftop-scale solar PV panels in the Xcel Energy Colorado system.

A reference case and five separate scenarios with varying degrees of investment tax credit, PV cost, inflation, and financing parameters were used to yield the report’s results.

The specifics of the study’s findings, which imagined a 2019 Xcel Energy Colorado system, are as follows:

utility-scale PV power costs ranged from $66/MWh to $117/MWh (6.6¢/kWh to 11.7¢/kWh) across the five scenarios
residential-scale PV power costs were well up, ranging from $123/MWh to $193/MWh (12.3¢/kWh to 19.3¢/kWh) for a typical residential-scale system owned by the customer
the costs for leased residential-scale systems were even larger and between $140/MWh and $237/MWh (14.0¢/kWh to 23.7¢/kWh)
the generation cost difference between the utility- and residential-scale systems owned by the customer ranged from 6.7¢/kWh to 9.2¢/kWh solar across the scenarios

The authors of the report put these figures into perspective, including the national average for retail all-in residential electric rates in 2014, which were 12.5¢/kWh. […]”

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Energy Storage Compared to Conventional Resources Using LCOE Analysis

Posted on January 18, 2016 by duanetilden

In its first analysis of the levelized cost of storage, Lazard finds some promising economic trends.

Sourced through Scoop.it from: www.greentechmedia.com

“[…] “Although in its formative stages, the energy storage industry appears to be at an inflection point, much like that experienced by the renewable energy industry around the time we created the LCOE study eight years ago,” said George Bilicic, the head of Lazard’s energy and infrastructure group, in a release about the report.

Lazard modeled a bunch of different use cases for storage in front of the meter (replacing peaker plants, grid balancing, and equipment upgrade deferrals) and behind the meter (demand charge reduction, microgrid support, solar integration). It also modeled eight different technologies, ranging from compressed-air energy storage to lithium-ion batteries.

“As a first iteration, Lazard has captured the complexity of valuating storage costs pretty well. Unlike with solar or other generation technologies, storage cost analysis needs to account for not just different technologies, but also location and application, essentially creating a three-dimensional grid,” said Ravi Manghani, GTM Research’s senior storage analyst.

In select cases, assuming best-case capital costs and performance, a handful of storage technologies rival conventional alternatives on an unsubsidized basis in front of the meter. Using lithium-ion batteries for frequency regulation is one example. Deploying pumped hydro to integrate renewables into the transmission system is another. […]

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Documentary on Fracking – Shattered Ground Hosted by David Suzuki

Posted on January 15, 2016 by duanetilden

The Nature of Things – Shattered Ground

fracking documentary

Sourced through Scoop.it from: www.youtube.com

ShatteredGround

image credit: (2)

“[…] “Fracking”, or Hydraulic Fracturing, is a new technology that has opened up immense resources of natural gas buried in deep shale beds. The process involves injection of highly-pressurized water, sand and chemicals to shatter underground layers of shale and extract previously inaccessible natural gas.
But the process and its sudden spread across the North American landscape, has become an incredibly divisive issue, ripping apart communities and even families. The backlash to the gas industry is unprecedented, with some countries, Canadian provinces and American states adopting fracking bans and moratoriums. […] “(1)

(1) http://www.cbc.ca/natureofthings/episodes/shattered-ground 

“[…] In Dimock, Pennsylvania, residents found their water contaminated after fracking began nearby. As it turns out, the cement casings that were meant to prevent the water from escaping had failed, and now all of their water was contaminated. One man described his daughter’s experience showering in that water:

“My daughter would get in the shower in the morning, and she would have to get out and lay on the floor because she thought she was going to pass out from the methane. She had eczema on the insides of her arms, hives up and down her body, and she said, ‘I want to have kids some day’. You know, my job is to protect my kids, how do I protect them from this?” […] “(2)

(2) http://aftw.net/2015/08/31/shattered-ground-review/

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Alberta Energy Production And A Renewable Future

Posted on January 14, 2016 by duanetilden

Author: Duane M. Tilden, P.Eng (January 14th, 2016)

Abstract: Energy sources and pricing are hot topics world-wide with the Climate Change agenda leading the way. Last year at the 2015 Paris Climate Conference long-term goal of emissions neutrality was established to be by as soon as 2050. Alberta currently produces more atmospheric carbon emissions and other pollutants than any other Province in Canada, and in order to meet clean air objectives the energy sectors which consume & mine the natural resources of the Province will have to shift to non-polluting & renewable energy sources and be more efficient in energy utilization. To achieve these goals new infrastructure will have to be built which will have the likely consequences of raising energy pricing as well as alter consumption rates and patterns.

Transportation

Transportation is a vital link in modern society, and often a personal vehicle is chosen as the main mode of mobility to work, leisure, & social purposes. Cars and trucks also provide means of work and commerce & are essential to our way of life. Most of these vehicles are fueled by gasoline, some by diesel, propane, and more recently the electric vehicle (EV) and hybrids.

GraphData Gas Price Comparison Canada

Graph #1: Average Cost Comparison of Gasoline in Major Canadian Cities

In Alberta, using Calgary as a basis for comparison, it is apparent that pricing to consumers for gasoline is below nation-wide market averages when measured Province by Province, as demonstrated in Graph #1 (1). While if you live in Vancouver the cost is considerably higher, due to included carbon taxes and a transit levy among additional charges. Additional means of moving growing populations efficiently have been seen by the development of LRT mass transit for the rapid movement of citizens to work, school, or social events.

Rapidly moving the large segments of the population in a cost effective manner is important to growth. Buses are an important link in this mix as are cycling routes, green-ways and parks. Changes in fuels for trucks, buses and trains by converting from diesel fuel to LNG will also provide for reductions in emissions while providing economic opportunity for utilization of the existing plentiful resource. While EV’s show promise, the battery technologies for energy storage need further development.

Alberta Electricity Production

Alberta still relies on out-dated coal plants to generate electricity. According to a CBC article coal provides power to 55% of homes in Alberta, and is the second largest contributor to emissions (2) and GHG’s to the Oil Sands projects. However, it has been noted that the utility is reluctant to decommission recently constructed coal plants, until they have earned back (or are compensated for) their investment in capital costs.

local-input-wabamun-alberta-march-21-2014-a-giant-drag1

Photo #1: Highvale coal mine to feed the nearby Sundance power plant (3)

Photo credit: John Lucas / Edmonton Journal

There are power purchase agreements in place, which may extend 50 to 60 years from the construction date of the plant (2). It may be possible that the coal fired power plants could be converted to burn natural gas, which Alberta has in abundance, rather than be decommissioned. However, this would still require the closure of the coal mines and mining operations currently supplying the existing power plants. Also, combustion of natural gas will still release GHG’s into the atmosphere, while less than coal, they are not a total elimination of emissions.

Residential Energy Consumption

When comparing monthly residential electrical energy costs across Canada, using data obtained from a survey performed by Manitoba Hydro, we see that Edmonton and Calgary are in the lower middle range of pricing (4). Variances in all regions will occur based on average home size, building codes and insulation requirements, heating system types and other factors. Some homes may be heated with electric baseboard which will result in a higher electric bill while other homes may be heated using natural gas as a fuel. Also household hot water generation can be by electric or gas-fired heater, so consumption of natural gas must be considered with electrical power usage to get a complete picture of energy consumption.

residential_1000kWh residential_2000kWh

Charts #1 & 2: Average Monthly Cost For Residential Electricity in Major Canadian Cities For Equivalent Usage in kWh (4)

Inspecting these charts it is proposed that a price increase of 10 to 20% to Alberta electrical energy consumers by a separate tax or fee to pay for a shift in technology would be reasonable when compared to other Canadian Cities. Additional tariffs on natural gas consumption would also be recommended. Such an increase would likely have a secondary benefit of creating an incentive for energy efficiency upgrades by home owners such as increased insulation, better windows and heating system upgrades. Such improvements would in turn lead to reduced demand at the source and thus to lower GHG & particulate emissions to the atmosphere.

Climate and the Proposed Energy Code

Energy consumption in populations is normalized in a number of ways, generally defined by habits and patterns. We observe that in traffic as volumes increase early in the morning as commuters travel to work, and in the opposite direction as they head home in the evening. Often people will attempt to “beat the traffic”. This is an admirable goal in energy usage as well, for consumption of electricity will follow other such predictable patterns as people eat meals, shower, and perform other rituals that interface with electrical, heating, ventilating, elevators, water supply and disposal systems that form infrastructure and services provided by municipalities and utilities.

As these systems need to be energized and maintained, it is desirable to be able to predict and control the consumption and distribution of resources. The greater of these is the electrical generation and distribution system. Also, emerging technological advancements in energy efficiency such as CFL, LCD displays, computers, refrigeration, energy storage and more. Advancements in co-generation, district energy systems, and other end use distribution of energy which provide economies of scale are also possible as strategies to obtain goals. Heating Degree Days - Lower Western Canada

Map #1: Partial Map of Heating Degree Days for South-Western Canada (5)

Opportunities will exist for building mechanical system enhancements and upgrades as they may provide energy savings and cost reductions to users often calculated with a minimum nominal payback period of 5 to 7 years (and should be determined in every case). The HDD map can provide a source of information which is used in energy models to determine predicted building energy costs when calculating payback periods to justify system upgrades or design decisions. Obtaining and monitoring building energy consumption rates and year over year changes are important resources in determining where systems are running at below optimal rates and require replacement.

In new building construction the National Energy Code for Buildings 2011 (NECB) (6) has been adopted by Alberta (7) for all municipalities. As there are higher HDD values attributed to Calgary and Edmonton as seen in the HDD Map of Western Canada, a requirement for stringent construction methods and materials to higher standards ensure new buildings meet carbon emissions reduction goals.

026

Photo #2: Construction of Towers in Calgary with High Window to Wall Ratios

Photo Credit: Duane Tilden P.Eng

Increased requirements in glass U-values and shading coefficients, maximum window to wall ratios (WWR) to reduce undesirable solar heat gain and heat losses, energy consumption and improve occupant comfort. Buildings with excessive glazing are difficult to heat and cool, requiring sophisticated mechanical systems to offset poor performance by the building envelope.

Code mandated higher insulation values & better materials; moisture and heat control of the envelope through better design. Higher efficiency requirements for mechanical systems; (fans & ducts, pumps & pipes, and wires & motors), lighting, controls, and other components of the building and it’s envelope. Energy modeling should be performed of larger significant buildings to optimize operations in the design phase. Commissioning of the building is integral to ensuring compliance throughout the project to it’s final phases at substantial completion and occupancy.

Renewable Energy

Renewable energy technologies including solar power and wind generation have been gaining rapid adoption elsewhere in the world, while in Alberta (8) carbon based fuels currently provide over 80% of electrical power generation. This has not been for a lack of wind and solar resources in Alberta but to be attributed to the large capital investments in fossil fuel resource extraction. Other renewable technologies such as bio-mass, hydro, and geothermal may also be employed and should be investigated as alternatives to existing thermo-electric power plants.

Alberta Energy Sources - 2015

Table #1: Installed Electrical Generating Capacity by Fuel Source in Alberta (8)

Currently, Alberta has the third highest installed wind power capacity in Canada behind Ontario and Quebec. Wind energy not only represents a means to green the power production, it also will contribute jobs and income to the economy. As one source of electricity and revenues is removed another source will fill the void.

installed_capacity_e-4

Map #2: Installed Wind Power Capacity by Province in Canada (9)

While significant inroads have been made in Alberta for wind power which is already established as a major power source for the future, there is unrealized potential for the installation of solar power production. It has been noted that a photo-voltaic installation in Calgary is 52% more efficient than one installed in Berlin, Germany. Meanwhile, Germany has 18,000 times more solar power generation capacity than installed in Alberta (10).

alberta-germanytiltweb

Map #4: Solar Resource Comparison for Alberta & Germany (10)

Alberta has significant solar resources, even during the winter when daylight hours are shorter. Lower temperatures improve PV efficiency, and properly tilted south facing panels optimize light capture, while the flat terrain of the prairies provide unobstructed maximum daylight. Light reflection by snow on the ground would further enhance light intensity during the colder months. Thus solar represents a relatively untapped potential source of significant electrical power for Alberta and an unrealized economic opportunity for consumers and industry.

hotspots_13

hotspots_leg

Map #5: Solar Resource Map for Canada With Hotspots (11)

Energy Efficiency, Smart Grid & Technological Advancements

Renewable energy produces electricity from natural resources without generating carbon and particulate emissions. Another method of controlling emissions is to reduce the amount of energy consumed by being more efficient with the energy we already produce. We can achieve this by using higher efficiency equipment, changing consumer patterns of use to non-peak periods, use of Smart Meter’s to monitor consumer usage and to alert homeowners when there is a problem with high consumption which could result in higher bills than normal if the problem remained unreported.

There are other advancements in the electrical grid system which are on the horizon which will enable a utility maximize resources by such means as energy storage, micro-grids, demand response to name a few. Also, property owners and businesses could be able to grid-tie private solar panel (PV) and storage systems to supplement the utilities electrical system with additional power during the day.

Summary

In order to meet the goal of atmospheric emissions neutrality as agreed to at the 2015 Paris Climate Conference Alberta is posed with making decisions on how electricity is to be produced in the future. Eliminating coal power plants and replacing them with Renewable Energy power sources such as solar and wind power are proven methods to reducing GHG and particulate emissions as these power sources do not involve combustion and discharge of waste gases formed during the combustion process. Coal combustion is well documented as a major contributor of GHG’s to the atmosphere.

To make the transition will require capital for financing to build new infrastructure. Funding of these projects should be raised proportionally charged to users with increased rates. These rate increases will provide further incentives to reducing energy consumption and thus air emissions. Jobs will shift and employment will be created in new forms as the old is phased out and replaced with new technology. These new systems will have to be designed, built and maintained while the workforce will require training in new methods. There will be many new opportunities for growth and advancement resulting from the implementation of these changes to meet Canada’s International commitments.

References:

Alberta Air Pollution Levels High in Sulphur and Nitrogen Reports Environment Canada

Posted on January 13, 2016 by duanetilden

Environment Canada recently released images showing air emissions modelling results across Alberta. These images are a reminder of how a small number of large sources mix together to pollute the air Albertans breathe, resulting in increased risks to human health.

Sourced through Scoop.it from: www.pembina.org

“[…] SO2 and NOx emissions impact human health not only because they can cause direct harm, but also because they can react in the atmosphere to create fine particulate matter (PM2.5). The Alberta government has found that NOx and SO2 are the main causes of past incidents where PM2.5 concentrations have exceeded Canada’s air quality standards.

PM2.5 can cause asthma attacks, hospitalizations and even premature death, as we’ve summarized before. It’s a particular concern in Alberta, where PM2.5 is putting us on track to have the worst air quality in Canada, and Edmonton’s pollution levels are exceeding Toronto’s.

These images underscore the cumulative impacts of a small number of very large industrial emissions sources — particularly coal plants, the oilsands and refineries — in addition to distributed industrial activities such as oil and gas operations. Those may all be separate sources, but their emissions end up in the same air. Pollutants from these different sources mix together in the air Albertans breathe, resulting in increased risks to human health. […]

Alberta is unique in the western half of North America for its mid- and high-level readings. The province more closely resembles the densely populated mid-Atlantic region of the United States, or the coal-burning Midwest, than our western neighbours.

Problem spots near coal plants, refineries and the oilsands

Another image shows how SO2 and NOX that is released into the atmosphere returns to ground level, or “deposits.” The image reveals a clear concentration (the orange and red spots) of the two pollutants being deposited around both Edmonton and the oilsands in northeast Alberta.

Edmonton is sandwiched between three large coal-burning power plants, which are clustered near Wabamun Lake west of Edmonton, and refineries on the east side of the city.

The video that AEMERA posted shows modelled SO2 plumes from large emitters across British Columbia, Alberta and Saskatchewan. The three-dimensional plumes reflect SO2 concentrations of at least three parts per billion. How the plumes travel was modelled using real weather conditions from a four-week period in the fall of 2013.

The video visually represents where SO2 is generated, how it moves through the atmosphere and where it eventually lands. As SO2 deposits on the ground, the land surface in the video changes colour to indicate where higher depositions are modelled. Although the specifics will differ for other pollutants, the video is representative of how airborne pollutants generally are dispersed and deposited.

It’s not particularly surprising to see that SO2 pollution originates from oil and gas production, coal plants and the oilsands — Alberta’s three largest-emitting sectors, by far. But seeing how much of the province is affected by these plumes may come as a shock.

The video shows that major industrial emissions do not blow in the direction of the prevailing wind pattern. Rather, they shift directions and can be combined with pollutants emitted in different areas. This raises concerns about environmental evaluations for new industrial emitters, since those evaluations focus on a much smaller area around the polluter — and focus on prevailing winds — rather than these dynamic wind patterns.

The data used for the oilsands is from 2010, so it discounts the emissions growth in that region over the last five years. The data for the rest of the sources is from 2006. In terms of coal emissions, these images correspond closely to today’s reality: NOx and SO2 in 2014 are at nearly the same levels as in 2006. […]”

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In Supreme Court, a Battle Over Fracking and Citizens’ Rights

Posted on January 13, 2016 by duanetilden

Jessica Ernst’s long fight to challenge legislation putting energy regulator above the law reaches top court.

Sourced through Scoop.it from: www.thetyee.ca

“[…] After years of legal wrangling, Jessica Ernst and Alberta’s powerful energy regulator finally squared off in the Supreme Court of Canada yesterday.

For almost two hours, all nine justices questioned lawyers from both sides in a case that will determine if legislation can grant government agencies blanket immunity from lawsuits based on the Charter of Rights and Freedoms.

At times the debate was so bogged down in legal jargon and little known cases that it felt as though the participants were holding a conversation in a foreign language. […]

Ernst alleges the Alberta Energy Regulator violated her rights by characterizing her as a “criminal threat” and barring all communication with her.

The claims are part of her multipronged lawsuit related to the regulation of fracking. She says fracking contaminated aquifers near her homestead near Rosebud, about 110 kilometres east of Calgary, and is seeking $33 million in damages. […]

The Supreme Court hearing dealt with Ernst’s allegation that the provincial energy regulator denied her the right to raise her concerns about groundwater contamination. She argues that the legislation shielding the regulator from citizen’s lawsuits should not bar charter claims.

Lawyers for Ernst, the BC Civil Liberties Association and the David Asper Centre for Constitutional Rights all argued that the Alberta Energy Regulator’s immunity clause undermined the spirit of Canada’s charter, which is designed to protect citizens from government abuses of power.

It is patently unfair to allow a government to violate a citizen’s basic freedoms and then deny them an appropriate remedy in the courts, especially when the charter itself grants that right, they argued. […]

Eight years ago, Ernst sued Alberta Environment, the Energy Resources Conservation Board (which has since become the Alberta Energy Regulator) and Encana, one of Canada’s largest unconventional gas drillers. She claimed her well water had been contaminated by fracking and government agencies had failed to investigate the problems.

But the regulator argued that it couldn’t be sued because it had an immunity clause that protected it from civil action.

After an Alberta Court of Appeal agreed, Ernst’s lawyers appealed the matter to the Supreme Court in 2014.

Initially three provincial governments and the federal government announced their intention to intervene in the case.

“But once they looked at the arguments, they withdrew,” said Murray Klippenstein, another of Ernst’s lawyers, after yesterday’s hearing.

“So there was no government here to support the argument of the [regulator],” added Klippenstein. “It kind of shows in a common sense sort of way how ridiculous the position is.”

The case made legal history, too. “This is the first time the Supreme Court has heard a case about human rights with an environmental context,” noted Lynda Collins, a professor of law at the University of Ottawa’s Centre for Environmental Law and Global Studies.

She said the case concerns the right of a citizen to pinpoint environmental wrongs, such as groundwater contamination, without being penalized by a regulatory body.

Whenever a regulator allegedly takes punitive measures against a citizen addressing key environmental issues in the public interest, “you have a serious allegation,” added Collins. […]

The case is being closely watched by Canada’s oil and gas industry. In 2014, Borden Ladner Gervais, Canada’s largest national full-service law firm, included the Ernst case in a top 10 list of important judicial decisions affecting the energy industry.

“The Ernst case has brought into focus the potential for regulator or provincial liability arising out of oil and gas operations…. If Ernst proceeds to trial, it will likely provide more guidance on the scope of the duty of care and the standard of care required by the province and the oil and gas operator to discharge their duties in the context of hydraulic fracturing.”

The fracking industry has been the subject of scores of lawsuits across North America. Landowners have sued over property damage and personal injury related to industry-caused earthquakes, air pollution and the contamination of groundwater.

In one major Texas case, a jury awarded one family $3 million. The verdict found that Aruba Petroleum “intentionally created a private nuisance” though its drilling, fracking and production activities at 21 gas wells near the Parrs’ Wise County home over a three-year period between 2008 and 2011. […]”

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duanetilden

An online journal of International Energy Trends, Green Building, Sustainability and Climate, A&E, Data, Security, CryptoCurrency and Social Media

Monthly Archives: January 2016

City of Burnaby Calls for NEB Panel Suspension over Kinder Morgan Pipeline

DOE’s 3 Year $220M Grid Modernization Plan

Ski resorts and climate change

Is Utility-Scale Solar Power the Economic Choice to Residential Solar Power?

Top Ten Most Viewed Articles of 2015

10. Climate Change, Pole Shift & Solar Weather

9. Leaked HSBC Files from Swiss Bank lead to Tax Evasion and Money Laundering charges

8. Michigan’s Consumers Energy to retire 9 coal plants by 2016

7. Life-Cycle Cost Analysis (LCCA) | Whole Building Design Guide

6. Energy Efficiency Development and Adoption in the United States for 2015

5. Renewable Energy Provides Half of New US Generating Capacity in 2014

4. Cover-up: Fukushima Nuclear Meltdown a Time Bomb Which Cannot be Defused

3. Apple to Invest $2 Billion in Solar Farm Powered Data Center Renovation in Arizona

2. Determining the True Cost (LCOE) of Battery Energy Storage

1. Water Vortex Hydro-Electric Power Plant Designs

Energy Storage Compared to Conventional Resources Using LCOE Analysis

Documentary on Fracking – Shattered Ground Hosted by David Suzuki

Alberta Energy Production And A Renewable Future

Transportation

Alberta Electricity Production

Residential Energy Consumption

Climate and the Proposed Energy Code

Renewable Energy

Energy Efficiency, Smart Grid & Technological Advancements

Summary

Alberta Air Pollution Levels High in Sulphur and Nitrogen Reports Environment Canada

In Supreme Court, a Battle Over Fracking and Citizens’ Rights

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10. Climate Change, Pole Shift & Solar Weather

9. Leaked HSBC Files from Swiss Bank lead to Tax Evasion and Money Laundering charges

8. Michigan’s Consumers Energy to retire 9 coal plants by 2016

7. Life-Cycle Cost Analysis (LCCA) | Whole Building Design Guide

6. Energy Efficiency Development and Adoption in the United States for 2015

5. Renewable Energy Provides Half of New US Generating Capacity in 2014

4. Cover-up: Fukushima Nuclear Meltdown a Time Bomb Which Cannot be Defused

3. Apple to Invest $2 Billion in Solar Farm Powered Data Center Renovation in Arizona

2. Determining the True Cost (LCOE) of Battery Energy Storage

1. Water Vortex Hydro-Electric Power Plant Designs

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Transportation

Alberta Electricity Production

Residential Energy Consumption

Climate and the Proposed Energy Code

Renewable Energy

Energy Efficiency, Smart Grid & Technological Advancements

Summary

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