Amherst Island court appeal begins January 31

January 30, 2017

Ten species of owls on Amherst Island

Tomorrow, January 31, the Association to Protect Amherst Island heads to Ontario Divisional Court to appeal the decision by the Environmental Review Tribunal to allow the approval of the Windlectric wind power project on the island to stand, despite concerns for the natural environment and human health.

Despite the legal actions, Windlectric, owned by Algonquin Power, is proceeding with work on the power project — even without proper permits, From the APAI website:

Windlectric/Algonquin, the company granted approval to blanket Amherst island with 26, 50-storey turbines, has commenced dock construction on Amherst Island. The Company has not submitted a Marine Safety and Logistics Plan required by MOECC nor has it submitted an Operations Plan acceptable to Loyalist Township. No acceptable Emergency Response and Communications Plan is in place. No Roads Use Agreement with the County of Lennox and Addington has been approved.  In its first weeks of work the company blatantly disregarded commitments to only use the Island ferry for dock construction, to not disrupt the ferry schedule, to give notice of traffic disruptions and to consult with Amherst Island Public School staff and parents concerning road safety by the school. Not a good beginning!

On the eve of the court case beginning, Parker Gallant has published an overview of the situation on Amherst Island, and included the power situation in Ontario generally, here. An excerpt:

So, Ontario has a “robust supply” of electricity, wind turbines will harm the 34 endangered species, and we are exporting surplus generation at pennies on the dollar while curtailing wind, spilling hydro and steaming off nuclear energy.   Ontario doesn’t need the intermittent power from the turbines on Amherst Island. We don’t need them in Prince Edward County either (White Pines) or Dutton-Dunwich, or La Nation, or North Stormont. The Minister should demonstrate that he means what he said recently in North Bay:  “There are some families in this province that are struggling to meet their energy bills. It’s why I’ve recognized and the premier has recognized that we need to do more …That is why we’re making sure we can find ways to reduce bills. Everything is on the table within reason.”

The Minister has an opportunity to save ratepayers $1 billion dollars in future rate increases by simply canceling the Amherst Island Windlectric project and the Prince Edward County White Pines project, to name two.

He should take it.

The Amherst Island appeal begins at 10 a.m. at Osgoode Hall, in Toronto.

To contribute toward APAI’s legal fund, go to their website.

Power developer proposes untried remedies to save endangered species in Prince Edward County

January 28, 2017

ERT panel Hugh Wilkins and Marcia Valiante [Photo CountyLive]
The “remedy” hearing for the White Pines wind power project by wpd Canada was held in Wellington, Ontario before a standing room only crowd in the village community centre.

The purpose of the hearing was to allow the power developer to propose mitigation for the endangered Blandings Turtle and the Little Brown Bat, which the Environmental Review Tribunal found earlier would be seriously and irreversibly harmed by the wind power project. This is the first hearing in Ontario at which “remedy” or mitigation has been proposed for the bat species.

A news story by County Live summarizes the day’s events (though not quite the end-of-day fireworks between counsel and the ERT chair), and can be found here. (Fate of County’s South Shore)

The wind power developer was accused by counsel for appellant the Alliance to Protect Prince Edward County (APPEC) of filing too much material as a reply submission, which constitutes “bolstering,”* lawyer Eric Gillespie said. At issue was a new supposed scientific article which was not in original evidence; after an hour of wrangling, the lawyers agreed to remove the article except for one explanatory chart.

The measures proposed by wpd (which is scheduled to propose similar mitigation measures in the case of the Fairview appeal) included special road construction and monitoring for turtles, and heretofore untried methods of altering “cut-in” speeds for turbines, to avoid killing the bats, which are on the edge of extinction in Ontario.

The only real proposal is to cancel the project, Gillespie said: “The only real prevention is zero deaths, that’s what prevention is.”

A key strategy was to institute measures so that animal deaths dropped below the “irreversible” level, the power developer’s lawyers said, and the onus was on the appellants to prove what that is. Not so, said Mr. Gillespie.

Mr. Gillespie was also disturbed that rules of evidence and reply were being ignored; he told the ERT panel that accepting the power developer’s submissions as they were meant the panel was creating new rules, which would affect every other appeal in Ontario, and would certainly be discussed in Ontario Divisional Court.

In the final hour, the lawyers for wpd reviewed for the panel what the wind power developers’ counsel thought their job was, while Mr Gillespie referred to the decision at Ostrander Point and said that environmental protection was a key issue, and the panel’s real role. Gillespie was so insistent on adhering to the rule of law as regards the approval holder’s submissions (“So far from being proper it is not even in the ballpark”) that at one point wpd lawyer Patrick Duffy stood up and exclaimed “Mr. Gillespie, just STOP!”

As the submissions and reply concluded the Chair Marcia Valiante said “We are adjourned” and then wpd counsel interrupted and demanded to know when the decision would be rendered as “we have an important date in April”(if the project is not begun, the contract will end). The Chair said they would do their best to render a decision soon, and she then adjourned the hearing, again.

 

*Bolstering Law and Legal Definition. Bolstering means to build up or support. Bolstering testimony is generally improper. Bolstering testimony is improper when it relates to the witness’s truthfulness on a specific occasion and when the foundational requirements of evidentiary rules are not met.

 

 

The only real hydro bill relief is to get costs down: WCO

Rural residents and farm owners attended a meeting in Goderich with the Hydro One Ombudsman and told her hydro bills have to come down.

Ontario Farmer

January 25, 2017

The Hydro One Ombudsman Fiona Crean recently attended a meeting in Goderich, hosted by MPP Lisa Thompson where she heard a lot of stories from Ontario’s farmers about hydro bills, and the government’s electricity policies.

Time of Use rates for power make no sense for agricultural operations, she was told. Power use is driven by requirements — if the weather is hot, barns must be ventilated or livestock will be lost. And growers must harvest crops when they are ready, not when it might be cheaper to run equipment.

People in agriculture are being harmed by the increasing electricity bills and are now choosing other options to run their operations. Grain growers are converting their drying equipment to propane or natural gas, and many are converting or supplementing their home heating with wood. These moves run counter to the government’s policy goal to get off fossil fuel use.

Other residents commented on the unfairness of the low-density residential rates and delivery charges.

The Hydro One vice-president of Customer Relations also attending that day had some interesting responses: people just don’t “understand” their electricity bills, Warren Lister said, and relief is coming for low-density customers. He also said that now, an “independent” Hydro One represents its customers to government.

Here’s the message Hydro One should give the Wynne government: you must get costs down.

While the Energy Minister proudly claims that Ontario is now a “net exporter” of power because we have a surplus, what he fails to explain is that we pay a premium price for renewable energy, which is usually produced out of phase with demand, and we then sell it off at a significant discount. This past November, for instance, Ontario bought power for $169 million, then sold it for a “profit” of $21 million. Ontario’s electricity customers picked up the difference of $147 million – that is a cost that we must reduce.

It’s worth noting too, that the surplus electricity sold last November would have powered half of Ontario’s customers’ homes for the month.

The Minister has promised rate relief, including change for rural residents living in low-density areas, via the RRRPP or Rural or Remote Electricity Rate Protection Program. True, reducing rural customers’ bills might add up to several hundred dollars a year, but where is the money for the $116-million cost coming from? It, like the other costs, is being added to your bill in the regulatory line.

Similarly, the Ontario Electricity Support Program or OESP is being paid for by electricity customers.

Meanwhile, the government gave out contracts last year for five more large-scale wind power projects, for power we don’t need, that will cost ratepayers over $3 billion over 20 years. That cost has yet to hit our electricity bills.

Ironically, the government’s green energy program isn’t even achieving its stated goals. According to the Ontario Society of Professional Engineers, wind power has “relatively little economic value” and because of its intermittent nature it needs back-up from natural gas, which means more fossil fuel use for power, not less.

Rather than telling us we don’t “understand” our bills, and spending money on costly conservation advertising that claims to save us money, the Ontario government needs to take bold steps to get costs down. That means cancelling wind power contracts awarded in 2016, cancelling the entire wind power procurement program, and taking a hard look at all other contracts to determine whether buying them out is a better option than losing millions selling surplus power off cheap.

Parker Gallant is a former international banker who now analyzes Ontario’s electricity sector. He is vice-president of Wind Concerns Ontario.

Wind farm contract gag clauses prevent release public health info, say C-K residents

Water from Dover area wells showing sediment. [Photo: Sydenham Current]
A resident of Dover Centre in Chatham-Kent is calling for leaseholders in wind turbine projects to be released from the non-disclosure or “gag” clauses that are preventing full awareness of the situation regarding contaminated well water in the region, says a resident writing in the Sydenham Current.

When the recent appeal of the North Kent 1 wind power project was dismissed, the only expert advice offered was the technical report completed by Golder & Associates, paid for by the wind power developer.

“What if accepting the wind developer’s Golder report the Mayor and Mr. Norton put all of Chatham township’s property at risk from an environmental stigma?” asks letter writer Peter Hensel.

” A stigma that the aquifer below would be contaminated with vibrations and is no longer capable of providing safe clean water. You think your property won’t drop like a stone in value? Think again.

“What if accepting the Wind developer’s Golder report the Mayor and Mr Norton allowed pile driven turbine foundations that increased the heavy metal concentrations in the source water – the water in the aquifer below Chatham township? What price do you put on your families’ health?”

The Environmental Review Tribunal refused appellant Kevin Jakubec time to have other experts review the Golder report, which jeopardized his appeal.

“It was only because the MOECC [Environmental] Tribunal Branch refused a time extension to let Mr. Jakubec bring in well test results from Dover into the Trubunal’s final hearing did Mr. Jakubec make the best of Tribunal process and took what gains he could get from the mediation.

“Ask Mr. Jakubec if he stopped investigating Dover,” says Mr Hensel. “Ask Mr. Jakubec if the Tribunal process is fair and that everything is neatly wrapped up now as Mayor Hope and [C-K legal counsel] Mr. Norton would want you to believe.”

Read the entire letter here.

National seniors organization targets Ontario electricity bills

Wind power contracts a factor in highest rising bills in North America

The Canadian Association of Retired Persons or CARP has created a “Heat or Eat” campaign designed to focus on the plight of senior citizens in Ontario, who are being affected by the province’s rapidly increasing electricity bills.

CARP has created an online petition, and plans a special television event with a panel of experts to look at the choices people on fixed incomes have to make, such as heating their home or buying food, or paying for medication.

“Shame on you, Kathleen Wynne!” says a senior profiled in a Zoomer TV video.

Independent Electricity System Operator (IESO) officials have admitted that Ontario’s above-market contracts with generators of renewable power such as wind, are a significant factor in the rising electricity bills, which are now the fastest rising in North America. While the government has announced certain measures for relief on electricity bills, the government has yet to introduce any real measures to actually reduce costs, such as the cancellation of wind power contracts awarded in 2016, which will cost Ontario citizens more than $3 billion over 20 years. Ontario has a surplus of power generation which is expected to persist for the next 10 years.

Surplus power: the not so rosy side of wind power

One of the reasons behind the skyrocketing electricity bills for Ontario consumers is the cost of dealing with surplus power, a result of the fact that wind produces power out of phase with demand (refer to two Auditors General reports for confirmation of that fact).

While the current Minister of Energy claims that Ontario is making a “profit” on its exports of surplus power, that is blatantly untrue: Ontario’s electricity ratepayers pay premium rates for wind power, which is then sold when not needed at a loss.

Parker Gallant takes aim at both the wind power lobby group and the Independent Electricity System Operator (IESO) in his latest article on Parker Gallant Energy Perspectives.

Here’s an excerpt:

What IESO’s concerns and subsequent recommendations suggest is the variable and unpredictable nature of wind generation has created serious problems in the eyes of those entrusted to run Ontario’s electricity system.

So, here are the facts: power generation from wind cost Ontario’s ratepayers over $1.7 billion (approximately 12% of total generation costs) in 2016 for just over 6% of demand, and will cause ratepayers hydro bills to be further affected negatively.   IESO’s responsibility to manage the system through the exercises suggested in their recommendations will cost the system more money, increasing costs just to ensure industrial wind developments are able to extract money from the pockets of Ontario’s ratepayers.

A clear example of “alternative facts” from both the industry and an agency of the Ontario government.

Ontario electricity customers paid millions for wind in November

Electricity sold off cheap could have powered 50% of Ontario homes; wind clearly not needed

StrongWindWeather

 The line of poetry “it’s an ill wind that blows nobody any good” was a reality in November for Ontario ratepayers. The IESO (Independent Electricity System Operator) finally released their November 2016 Monthly Market Report on Friday, January 13, 2017 and there was not much good news in it.

While net exports* were down compared to the same month in 2015, it wasn’t related to the amount of wind power generated and curtailed (estimates of the latter from Scott Luft); that exceeded November 2015 by about 152,000 megawatts (MWh) and clocked in at 1,363,000 MWh.  Generated and curtailed power exceeded Ontario’s net exports in 2015, representing 102.7% versus 72.9% the previous year.  One should suspect November 2016 also saw spilled hydro and steamed off nuclear, but at 102.7% of our net exports, it is obvious that power generation from wind was clearly not needed.

November 2016 was not the month with the highest combination of generated and curtailed wind, but rather the second highest. The highest, according to Scott’s estimates, was December 2016, but we will save that report for another day.

Exported power could have served half of Ontario

Net exports in November 2016 were equivalent to the power that approximately 150,000 “average”** Ontario households would use in a year, or to put it another way, was sufficient to supply 2.4 million of those same households for the whole month of November. That is slightly more than 50% of all Ontario households.

The net exports of 1,326,960 MWh in November 2016 cost Ontario ratepayers $169 million to generate and sold at an average price of $16.69 per/MWh, resulting in income of  $21.4 million.  What that means is, Ontario’s electricity ratepayers subsidized the sale, picking up the difference of $l47.4 million, along with another $30.8 million for the 254,000 MWh of curtailed wind.  Past and present Energy Ministers in the Wynne-led government would probably claim the deeply discounted sale price for those exported MWh was actually a “profit” but most ratepayers recognize that claim to be untrue.

Cancel the contracts

Current Energy Minister Glenn Thibeault has a chance to make his mark by halting all planned acquisition of wind power generation in LRP I and LRP II, as well as cancelling any wind power projects that have not commenced construction, or which have passed their critical “operational” dates.

Time to treat industrial-scale wind power development as that “ill wind”!

© Parker Gallant

January 14, 2017

 

*Net Exports are total exports less total imports.

**The Ontario Energy Board claims the “average” Ontario household consumes 9 MWh annually, or 9,000 kilowatts.

Reposted with permission from Parker Gallant Energy Perspectives

 

Advice to the Energy Minister on the new energy plan: get out of wind

Advice to Energy Minister Glenn Thibeault: get costs down
Advice to Energy Minister Glenn Thibeault: get costs down

Parker Gallant on his Energy Perspectives blog, has summarized some of the comments made to the Ontario Ministry of Energy, when it requested input for the new Long-Term Energy Plan (LTEP).

Predictably, the wind power trade association and lobbyist said more wind power is needed, but other organizations such as the Canadian Taxpayers, the professional engineers, and the Ontario Chamber of Commerce have different ideas. They think the new plan should focus on cost — otherwise, as the Canadian Manufacturers and Exporters warned, investment and jobs will go elsewhere.

The comments from Strategic Policy Economics were pointed: wind doesn’t work.

Marc Brouillette’s excellent submission on behalf of Bruce Nuclear also carries some sane observations such as “Wind generation has not matched demand since its introduction in Ontario” and, “Over 70% of wind generation does not benefit Ontario’s supply capability.” And this one, which is becoming more evident as ratepayers are forced to pay for curtailed generation: “Wind generation will not match demand in the OPO Outlook future projections as 50% of the forecasted production is expected to be surplus.”

Read the posting here.

Municipalities demand halt to wind power ‘exploitation’ in Ontario

Public declaration demands cancellation of wind power procurement, and re-focus of energy policy by the Wynne government

Mayor Higgins (Photo CBC)
Mayor Ron Higgins: representing 25% of Ontario municipalities in fight against Green Energy Act(Photo CBC)

January 9, 2017

The Ontario Multi Municipal Group has issued a public declaration stating it wants the “exploitation” of rural Ontario by the wind power industry, aided by the Ontario government, to end.

“The implementation and expansion of renewable energy (industrial-scale wind turbines and large solar power projects) has developed to the point that it has caused hydro costs to increase, caused a division between rural and urban municipalities, and caused the citizens of Ontario to lose faith in democracy,” says Ron Higgins, Mayor of North Frontenac, in the document.

The municipal group was formed at the last meeting of the Association of Municipalities of Ontario (AMO) after 115 municipalities, or 25 percent of all municipalities in Ontario, passed resolutions demanding that municipalities get final say in the siting of renewable power projects.

“We are now speaking out on behalf of all those communities,” Higgins says.

Rights of communities ‘neutralized’

The Green Energy Act of 2009 removed the right to carry out local land-use planning for power projects –the Multi Municipal Group says that’s wrong. “It neutralizes the rights of residents of rural Ontario to advocate for, rely on and claim the benefit of sound land-use planning principles,” Higgins says. “It amounts to a form of discrimination.”

In the public declaration document, the group lists the impact of Ontario’s wind power program, saying it has not brought the economic benefits promised by the McGuinty government and in fact has resulted in an economic burden and energy poverty. They also say that no environmental benefit has been demonstrated and that “the natural world is suffering” because of large-scale turbines which are disrupting the natural environment and harming wildlife such as migratory birds and endangered species of bats.

Wind power a ‘false hope’ for the environment

Wind power has created “false hope” of steps to be taken to combat climate change and protect the environment, says the Multi Municipal Group. And, the Government of Ontario has ignored knowledge of the negative impacts of invasive wind power technology.

The group demands that all procurement of wind power be stopped, and the Green Energy Act repealed. They also recommend that the government base future policies on generation capacity and conservation, and use current energy supply assets.

“Our rural communities are unprotected against the exploitation [by] renewable energy,” Higgins concludes. The municipalities have no choice but to declare their position to the government and the public formally.

The Ontario Multi Municipal Group declaration may be found here: mmg-public-declaration-on-the-exploitation-of-wind-energy-in-ontario-jan-2017

The list of municipalities that have passed a support resolution for changes to wind power contract approvals: list-mandatory-municipal-support-resolution-communities-jan2017

 

 

Contacts

Mayor Ron Higgins: ron.Higgins@xplornet.com

Wind Concerns Ontario contact@windconcernsontario.ca

Map of municipalities demanding change to the IESO wind power bid process, to July 14, 2016
Map of municipalities demanding change to the IESO wind power bid process, to July 14, 2016