Megawatt: British Columbia Renewable Energy Law Blog : BC Renewable Energy Blog : Clark Wilson Law Firm : Green Power, Natural Energy

Further to our April blog post, today, BC Hydro released some updated information regarding the supply of electricity from BC independent power producers (BC IPPs).

Included in the release is the following: 

1. A map of current and future BC IPP projects;

2. A list of current BC IPPs supplying BC Hydro; and

3. A list of IPP projects currently under development in British Columbia,

(each current to October 1, 2011).

This excellent information shows the broad range of the existing BC IPPs facilities and the significant number of projects still in development in the Province.

According to the BC Hydro information, 70 BC IPPs (non-BC Hydro) are currently operating and supplying BC Hydro with 12,599 GWh of annual supply and 3,209 MW of capacity, from a wide variety of power facilities. The first BC IPP listed is from 1985 - Coats IPP, a small run-of-river hydro project on Gabriola Island.

Projects under development by BC IPPs in the Province (each with a power purchase agreement from BC Hydro) comprise of 7,697 GWh of annual supply and 2,132 MW of capacity. The 39 development projects are derived from the 2003 Green Power Generation Call (1), the 2006 Open Power Call (13), the 2008 Bioenergy Call (1), the 2008 Standing Offer Program (2) and the 2008 Clean Power Call (22).

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Today, the British Columbia government released its report on its review of BC Hydro [pdf]. The comprehensive Report is written by a government appointed review panel which was devised in response to BC Hydro's proposed 32% electricity rate increase over three years.

The Report provides 56 recommendations to BC Hydro and mostly addresses the internal operations of BC Hydro, but also touches on current and past BC energy policy and the impact on BC Hydro operations.

The Report does not directly address the future of the BC clean energy industry, but if you read between the lines, the Report does offer some nuggets of information that could impact independent power producers and clean energy enthusiasts. For instance, there is a recommendation that government and BC Hydro review the Clean Energy Act's self-sufficiency requirement considering the current market price of electricity (see pages 92-93).  This would certainly be a worthwhile exercise, but there are no easy answers as to how to best address this issue.

There is also some discussion about the Report which states (on page 107) that "IPPs in F2010 provided 16% of the total domestic electricity requirements, while representing 49% of the domestic energy cost." This may or may not be true, but it is a misleading statement if taken out of context. The majority of British Columbia's generating facilities (large-scale dams) were built in the 1960s, 70s and 80s, so naturally, the cost of power from these facilities is substantially lower than from facilities built more recently. As the BC economy has grown, new generation facilities (some by IPPs, some by BC Hydro) were built at market rates. The cost of old power and new power are blended together to form today's rates. Therefore, it categorically misleading (though perhaps self-serving) to characterize IPPs built today as expensive compared to inexpensive power coming from the dams built decades ago. I am not always certain people are aware of this basic difference. Power from facilities built more recently is of course more expensive than power from dams built years ago.  BC Hydro, or anyone for that matter, can build power facilities today, at 1960s rates. But in growing economies, new electricity generation is needed to support the demand, and in BC, we are blessed with the legacy of cheap power from dams, so when it is mixed with new generation, BC is able to enjoy some of the lowest electricity rates in the world. But for how long? That still remains to be seen.

If we have learned anything over the past few years, is that a fluid energy policy is crucial for British Columbia - an energy policy which can adapt to market forces, provide optimal balance between private, public and first nations enterprise, and protect the environment for future generations of British Columbians.

As the Province moves forward in the 21st century, partnerships among power purchasers, producers, first nations and other key stakeholders are critical.  The government Report on BC Hydro adds valuable insight to the ongoing discussion and debate on how British Columbia can best meet the economic, environmental and community goals in building a clean energy future in the Province of British Columbia.

Here are media reports from the Globe and Mail; Vancouver Sun; and Vancouver Sun editorial board.

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Today, the British Columbia Utilities Commission (BCUC) released proposed new Rules for Electricity Energy Supply Contracts, which will affect all future electricity supply contracts (or electricity purchase agreements) to a public utility in British Columbia, unless otherwise exempted by law, regulation or order.

These new Rules will update the 1993 Rules on account of changes to the BC Utilities Commission Act and the Clean Energy Act.

The BCUC is seeking public comments on the new Rules, up to August 26, 2011.

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According to information released today from BC Hydro, as of April 1, 2011, BC Hydro has 68 electricity purchase agreements (EPAs) with independent power producers (IPPs) [ie, non-BC Hydro] whose projects are delivering power to BC Hydro. 

The projects are located all over British Columbia and generate 12,524 GWh annually of mostly clean electrictiy. This represents 3,183 MWs of capacity and comes from the following fuel sources:

• non-storage hydro (run-of-river)
• gas-fired thermal
• biomass
• storage hydro  (dams)
• biogas
• municipal solid waste
• energy recovery generation
• wind

Here is the IPP Supply Map (current to April 1, 2011) for project locations.

For more information on each of the projects, check out the IPP Supplier List  (current to April 1, 2011).

By way of background, BC Hydro supplies British Columbia with anywhere between 42,000 and 52,000 GWh of electricity annually and has a generating capacity of approximately 11,345 MWs from its various hydroelectric, gas-fired thermal and diesel generating facilities. 

By these numbers, IPPs provide approximately a quarter of British Columbia's electricity and add an additional five clean fuel technologies to the system.  But it's important to keep in mind that the IPP supply list includes such generating facilities as the Rio Tinto Alcan dam in Kitimat (896 MW), the Brilliant dams (120MW), the Arrow Lakes dam (185MW) and the Vancouver Island gas generation facility (275 MW), and not all IPPs on the list would properly be considered clean and renewable.

Remember you can follow me and the Megawatt Blog on Twitter.

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BC Hydro provided a welcomed boost to the British Columbia clean energy industry by announcing today that it has now completed its two year review and implemented a new standing offer program for clean, renewable energy projects in British Columbia.

Similar to a feed-in-tariff, eligible clean energy projects, 15 MW or under, can prescribe to a set price for delivered electricity and other key project terms.  Specific eligibility requirements and the program rules for BC Hydro's Standing Offer Program can be found here (pdf).

This is a good start to the year for BC Hydro and the clean energy industry in British Columbia.

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British Columbians are eagerly awaiting the release of the Ministry of Environment’s consultation papers on the proposed Cap and Trade Emissions Trading Regulation and the Cap and Trade Offsets Regulation, which were set to be posted on the Ministry’s website in September 2010.  Once the consultation papers are posted a 45 day consultation period will follow where the Ministry will be seeking comments from stakeholders, First Nations and the general public on the proposed regulations.

The proposed regulations will be introduced under the authority of the Greenhouse Gas Reduction (Cap and Trade) Act (the “Cap and Trade Act”) which enables the Province to put into place a cap and trade system, the details of which will be worked out in co-operation with the provincial and state Partners of the Western Climate Initiative (“WCI”).  The WCI recently released its report on the “Design for the WCI Regional Program”, which serves as a guidance document for WCI Partner jurisdictions as they implement cap and trade systems on January 1, 2012. The WCI Partners have committed to reduce regional greenhouse gas (“GHG”) emissions to 15% below 2005 levels by 2020. To achieve this goal, the WCI’s approach involves the use of a flexible, market-based, regional cap and trade program that caps GHG emissions and uses tradable permits. The program is designed to act as an incentive for WCI Partners, companies and inventors to develop renewable and clean energy technologies, as well as reduce dependence on fossil fuels, which will further allow the Province to meet its objectives set out in the Clean Energy Act. 

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Just a quick update on our previous post.  BC Hydro announced today that it received registrations from 14 proponents for 19 bioenergy projects in response to the May 31 Bioenergy Phase 2 Call request for proposals.  Names of the proponents or descriptions of the projects have not been released.

According to the release, BC Hydro estimates that the 19 projects represent approximately 500-650 MW of capacity or 3,500-5,000 GWh/year of energy.  BC Hydro is targeting 1,000 GWh/year of energy from the Call. Proposals must be submitted by October 28, 2010.

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From my new colleague, Jenny Kirkpatrick: 

On May 31, 2010, BC Hydro issued a Request for Proposals in relation to the long term supply of clean or renewable biomass energy generated by new projects in British Columbia (the “Bioenergy Phase 2 Call”).  Those intending to submit a Proposal must first register with BC Hydro and the registration deadline is fast approaching - July 15, 2010 at 4pm.

With the recent announcement of the Clean Energy Act coming into force, it is worth noting that there is a direct effect on the Bioenergy Phase 2 Call insofar as the Utilities Commission Act  ("UCA") is concerned. It is anticipated that BC Hydro will post an Addendum and/or Notice(s) to the RFP website to address modifications to the RFP process required to accommodate all impacts of the Clean Energy Act, including exemptions from certain procedural requirements to which energy supply contracts in British Columbia are normally subject.

Specifically, section 7(1)(e) of the Clean Energy Act exempts, “a bio-energy phase 2 call to acquire up to 1,000 gigawatt hours per year of electricity” from sections 45 to 47 and 71 of the UCA. Those provisions essentially relate to the British Columbia Utilities Commission’s (“BCUC”) approval process for public utility plants or systems, or Section 71 Hearings (as they are known).  Pursuant to section 71 of the UCA, all energy supply contracts are subject to the scrutiny of the BCUC, which determines whether the subject energy supply contract is in the public interest. By being exempt from BCUC’s regulatory process, those intending to submit a proposal in response to the Bioenergy Phase 2 Call will not be burdened with having to file an energy supply contract, in this case the electricity purchase agreement, with the BCUC, nor required to participate in a public hearing convened by the BCUC. In addition, the Bioenergy Phase 2 Call is exempt from the requirement to obtain a “certificate of public convenience and necessity” prior to the construction, operation or extension of a public utility plant or system, as provided for in s. 45 of the UCA. Lastly, the procedural requirements set out in s. 46 and the provisions relating to cease work orders set out in s. 47 of the UCA, do not apply to the Bioenergy Phase 2 Call. As a result, proponents will not have to incur the (often significant) costs associated with meeting these procedural requirements.  Regulatory barriers aside, all of the proponents will have to comply with the RFP's procedural requirements.

Exempting the Bioenergy Phase 2 Call from sections 45 to 47 and 71 of the UCA will likely result in the development of clean energy projects in a more expeditious manner, which in turn will help the B.C. Government meet its objectives as set out in the Clean Energy Act. 

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