Showing posts sorted by relevance for query ferc. Sort by date Show all posts
Showing posts sorted by relevance for query ferc. Sort by date Show all posts

07 December 2009

NL Hydro intervenes in Hydro-Quebec FERC application

The way some people talk, you’d think this was the first time Newfoundland and Labrador’s energy company had intervened in the United States over wheeling rights for electricity from Labrador.

Well, for those who think that, guess again.

The year was 1997 and then-mines and energy minister Rex Gibbons announced:

"Hydro's objective is to secure the province's right to transmit electricity from Labrador to North American markets on terms that are open and non-discriminatory. … This is consistent with FERC's Order 888, requiring that `Customers in the United States should not be denied access to cheaper supplies of electric energy, whether such electric energy is from a domestic source or a foreign source'."

As it turned out, NL Hydro cut its first deal with Hydro-Quebec a couple of years later to sell surplus power from Churchill Falls.  The first deal was a straight sale to Hydro-Quebec.  The price at the Quebec border was basically the same as the price obtained at the US border or farther south, after all the wheeling and other charges were taken into account. As you can see from this 2000 backgrounder, NL Hydro has been on top of the whole issue for some time.

Curiously enough, the situation hasn’t really changed all that much in 10 years or so, despite all the chest thumping that’s been going on lately. NL Hydro gets roughly the same price per kilowatt hour from the April deal that it got from the previous deal  - signed in 2004 – that saw the power sold to Hydro-Quebec at the border.

-srbp-

07 September 2016

Jerusalem, Eldorado, and Perdition #nlpoli

Part I:  The development of our country
_______________________________

The Heritage Newfoundland and Labrador website "aims to provide school students and the general public with a wide range of authoritative information on the province's history, culture, and geography. It is based at the Memorial University of Newfoundland. Faculty, graduate students, and professional writers contribute articles, while undergraduate students provide support as research assistants."

That statement of authority is one of the reasons why the introductory sentence to its section on the impact of Churchill Falls is so intriguing:
The Upper Churchill Falls hydroelectric project remains one of the most notorious ventures in Newfoundland and Labrador's resource-development history.   
There is no such thing as the "Upper Churchill Falls" project.  There is no upper Churchill Falls or, indeed, a lower one.  There is simply Churchill Falls.

04 December 2009

Graham smacks NL local preference policy

New Brunswick premier Shawn Graham has taken a poke at Danny Williams, accusing the Newfoundland and Labrador premier of engaging in cheap publicity stunts.

Graham said it is “ironic” Williams wants an open market for electricity transmission when New Brunswick companies “line up — this is important to note, they line up — behind Newfoundland providers for scraps left by local preferences on construction projects and labour needs.”

Ouch.

According to Canadian Press, Graham also said that the Lower Churchill is 15 years away from development.

All this comes as Graham released his written reply to a letter from Danny Williams and Nova Scotia Premier Darrell Dexter.  The Graham letter is below with the Williams/Dexter letter below that.

NB 1940

Dec. 4, 2009

Dear Premiers Williams and Dexter:

Thank you for your letter of December 2, 2009, regarding the potential for future energy development within the Atlantic region.

I share with you the desire to maximize Atlantic Canada's potential as a developer and supplier of clean, renewable energy for domestic and export markets. Our government is working to maximize New Brunswick's advantage as the energy hub of northeastern [sic] North America and the development of new energy projects across Atlantic Canada is a key element in fulfilling this vision.

New Brunswick is now, and will continue to be, an active partner in promoting the energy potential of Atlantic Canada. Our recent Memorandum of Understanding (MOU) with the Government of Québec does nothing to change that.

Section 3.1(b)(iv) of the MOU explicitly states that any changes to our regulatory structure resulting from agreement with Québec will "expressly contemplate open access to the transmission network in the Province of New Brunswick." The MOU also states in section 2.5 that transmission and distribution rates will continue to be regulated by the New Brunswick Energy and Utilities Board (EUB), a body comprised of New Brunswick citizens and experts in utility regulation, given regulatory powers by the Legislative Assembly of New Brunswick.

Therefore, rules are now in place that set conditions by which electricity can be moved through New Brunswick to export markets, either through use of existing transmission lines or construction of new capacity.

Under the Electricity Act of New Brunswick, any owner of a transmission system must provide market participants with open and non-discriminatory access to its transmission system. The terms, conditions and charges for this access are specified in the open access transmission tariff that was originally approved by the New Brunswick Public Utilities Board in 2003 and continues today under the authority of the EUB. This New Brunswick open access transmission tariff (OATT) is consistent with the industry standards for open access transmission in North America and sets out the obligations for both the provider of service and the transmission customer. All service is to be provided under the tariff and there is no provision for the owner of the transmission system to treat any customer in a preferential manner. In fact, it would be against the law to do so.

Entities in both Nova Scotia and Newfoundland and Labrador are transmission customers in New Brunswick and are taking or pursuing transmission service under the tariff. They have been, and are continuing to be, treated in a fair and non-discriminatory manner.

Please allow me to respond directly to the specific requests stated in your letter:

1. finalize an agreement, by February 2010, prior to signing of the definitive agreements between New Brunswick and Hydro-Québec, subject to normal environmental assessment and permitting, to construct a new interprovincial transmission line through New Brunswick to the Maine/NB border, separate from the existing NB grid.

New Brunswick has always been open to discussions on the potential for constructing additional transmission capacity to meet the projected needs of Nova Scotia and Newfoundland and Labrador. This will not change. As I have stated above, there are clear rules and processes for developing additional transmission capacity for export. If these rules and procedures are followed, additional transmission capacity can be constructed within New Brunswick to meet your future needs.

2. ensure that existing open access applications will be handled by NBSO under existing NB OATT rules until the process is complete and service agreements have been offered to Nalcor Energy or any other Atlantic Canadian companies that may seek such access before the signing of the definitive agreements between New Brunswick and Hydro Quebec next Spring (i.e., grandfathered and handled by NBSO under current rules).

It is a key principle of the EUB that all parties seeking access to use our transmission system be treated in a fair and non-discriminatory way. This request by Nova Scotia and Newfoundland and Labrador would require that preferential treatment be given to specific companies in contravention of the law. This could also jeopardize our standing under U.S. Federal Energy Regulatory Commission (FERC) rules as an exporter of electricity to the United States. I am sure you will agree that this would be contrary to all of our interests.

In accordance with these rules, New Brunswick held an auction in 2008 for excess capacity on the new transmission line connecting New Brunswick and Maine. I note that Nalcor Energy did not bid for capacity at that time. Should Nalcor or any other company require transmission capacity through New Brunswick, long-term firm reservations for transmission capacity can be secured via a request for such capacity or through an open season bid process.

In fact, it is my understanding that Nalcor Energy has been working for some time with the New Brunswick System Operator on a system impact study for a transmission route via New Brunswick. I encourage you to continue with this work. This process, as I have indicated, is compliant with the OATT rules and will remain under the New Brunswick Energy and Utilities Board's oversight, now and into the future.

I believe that the process for negotiating transmission lines must be open and transparent. All parties must have a clear understanding of the rules being applied, with assurances that these rules are applied fairly to all. For this reason, New Brunswick must ask that all parties, including the governments of Nova Scotia and Newfoundland and Labrador, respect these rules and be prepared to make application in good faith within the process.

I understand that you are advancing these requests to promote the interests of your respective provinces. I share with you the desire to build a stronger, more prosperous and self-sufficient Atlantic Canada. I am confident this can be done if we work together and respect the rules designed to ensure fairness for all.

Yours truly,

Shawn Graham
Premier

c.c.: Honourable Robert Ghiz, Premier of Prince Edward Island

09/12/04

And the one that started it:

December 2, 2009
Honourable Shawn Graham
Premier of New Brunswick
P.O. Box 6000
Fredericton, NB E3B 5H1

Dear Premier:

Atlantic Canadians are well served when our provincial governments work together to gain the best possible opportunities for the region as a whole as well as the separate interests of each province. This is particularly true in the energy field, where better connections improve the economic opportunities for each and all provinces in Atlantic Canada It is why our two governments favour a significant improvement in transmission capacity with New England and thus the rest of North America.

We were pleased that the recent Council of Atlantic Premiers meeting in Churchill Falls provided an opportunity for all four premiers to discuss potential impacts of the Memorandum of Understanding (MOU) between the Government of Quebec and the Government of New Brunswick.

We are writing to seek further clarification and to make two specific requests.

We understand your position that New Brunswick’s open access transmission tariff (OATT) will continue to be offered in a fair and nondiscriminatory [sic] manner after the transaction with Quebec is completed. In this regard, you suggest that other Atlantic Provinces will have the same open access to and through the New Brunswick transmission system as we do today.

Assurances that the Federal Energy Regulatory Commission (FERC) of the United States will enforce the OATT and ensure non-discriminatory access to New Brunswick’s transmission infrastructure do not allay our concerns regarding open access. It is through New Brunswick’s regulatory authorities, which have jurisdiction in the Province, that this access can be guaranteed and any issues resolved expeditiously. That is why our governments seek an outline of the process and mechanisms that New Brunswick will employ to guarantee this access.

How will New Brunswick assure other energy producers in New Brunswick and in the other Atlantic provinces that they will have the same level of open and non discriminatory access to the NB transmission system (i.e., to existing surplus capacity or existing capacity with appropriate system upgrades), and to new energy corridors?

Reviewing the MOU, we are concerned with the provisions that eliminate a truly independent system operator, require conformity to the Quebec regulatory system, create difficulty in changing these laws in the future, and narrow the scope of the energy hub from the region to the province. These provisions may enable Hydro Quebec to hinder transmission development, whether it is expansion of the existing system or the development of a new corridor if it is not seen to be in Hydro Quebec’s own interests.

Newfoundland and Labrador’s experience of dealing with a system operator that is imbedded within Hydro Quebec has show that this model can significantly delay decisions (4 years or more) even under an OATT process. It is this experience that leads us to believe the proposed move by Hydro Quebec to take over the NB System Operator (NBSO) role will likely lead to similar outcomes.

I trust this information helps you to understand in greater detail our concerns about the future of open access in New Brunswick, and its effect on development of Atlantic Canada’s renewable energy resources. That is why we are asking the New Brunswick government to:

1) finalize an agreement, by February 2010, prior to signing of the definitive agreements between New Brunswick and Hydro Quebec, subject to normal environmental assessment and permitting, to construct a new interprovincial transmission line through New Brunswick to the Maine/NB border, separate from the existing NB grid; and

2) ensure that existing open access applications will be handled by NBSO under existing NB OATT rules until the process is complete and service agreements have been offered to Nalcor Energy or any other Atlantic Canadian companies that may seek such access before the signing of the definitive agreements between New Brunswick and Hydro Quebec next Spring (i.e., grandfathered and handled by NBSO under current rules).

Thank you for your consideration on this matter.

DANNY WILLIAMS, Q.C.                                         DARRELL DEXTER
Premier of Newfoundland and Labrador    Premier of Nova Scotia

cc. Premier Ghiz

-srbp-

09 September 2009

Cross Rhode Island off the power purchase list

Remember the missing memorandum of understanding with Rhode Island that was supposed to study shipping a couple of hundred megawatts of power from the Lower Churchill if nit gets built?

Yeah, it’s been missing in action for two years.

Well, it turns out that the whole process discovered that Rhode Island can’t handle the power. That little gem came up during Question Period in the emergency legislature session:

They found out that they did not have the capacity to negotiate a long-term power purchase agreement with Nalcor on behalf of the Province. Nor were they able, in their Legislature, to do the regulatory changes that were required in order to wheel electricity into the state. Therefore, Mr. Speaker, we learned a lot through that discussion but it was not possible and we have moved on because other customers are in a position to be able to do business with Newfoundland and Labrador.

The only problem with that answer is that  - like many things natural resources minister Kathy Dunderdale says - it doesn’t make sense.

First of all, the MOU was supposed to "develop and action plan to address any technical or regulatory requirements.  Throwing up hands and calling things off wasn’t supposed to be an option.

Second of all, while Rhode Island has a limited capacity to get power into the state, that was known at the time the MOU was signed.

Third of all, there’s a plan to deal with that.

Fourth of all, Rhode Island, as a state of the union like all the rest, has the legislative competence in the state legislature to make rules about energy.  They’ve been doing it for years.

This sounds a lot like Dunderdale’s efforts to discuss energy wheeling through New Brunswick on Tuesday when she kept talking about applications in front of something she called the “Ray-zhay”.  The “ray-zhee” is the Quebec energy regulator.

But wait.

It gets better.

When asked what other customers the province’s energy geniuses were talking to, Dunderdale listed off provinces and states that are on everyone’s list of potential customers.  The implication of Dunderdale’s answer was that none of them were likely customers.

And that gentle readers is the problem with this project:  there are no customers on tap. 

-srbp-

Techie update:  An e-mail from someone who knows these things advises that interstate transmission is regulated by a federal agency – FERC – which would be the same one that enables Canadian provinces to wheel power to places like New York.

Any Canadian province should be able to wheel power across several states provided it pays the appropriate costs and can, therefore, get it to the customer at a reasonable cost.

12 May 2014

The market is closed, Ken. #nlpoli

Part of the problem the folks at Nalcor have had in trying to build support for on Muskrat Falls is that they never explain things completely, in plain English.

The result is that they look like they are hiding something .That is, they look like they are not being candid or sincere.  They often come across as if they are not telling you the whole story.

Take as a fine example, the war of words that is erupting between Nalcor board chair Ken Marshall on the one hand and David Vardy and Ron Penney on the other. Marshall had a lengthy op-ed piece one Saturday,  Vardy and Penney had a rebuttal on April 19 and now Marshall is back again.

20 September 2016

Grits and Cons play dodge-fact over Labrador hydro talks #nlpoli


"There are no discussions between this government and the  Quebec government."

That's part of a statement sent out by email to local reporters from natural resources minister Siobhan Coady's office.  You can't find it on the government website or the party website.  Coady was responding to a release from provincial Conservative leader Paul Davis challenging Dwight Ball to state the administration's plans for the province's hydro resources in Labrador.

Words matter. No one has suggested that the two governments were talking about anything.  The talks would take place between Nalcor and Hydro-Quebec and, whether we take Nalcor boss Stan Marshall's own words or the local scuttlebutt,  the talks are going on between the two companies.

15 October 2012

The Simple Litmus Test #nlpoli

by JM

There has been a new group of business people who have been formed in support of the Muskrat Falls Project. I would ask that these individuals review the following key facts and figures before they confirm their support of the project. I would also ask that they push the Government to answer the questions raised at the end of this short post

23 July 2013

UARB: “substantial uncertainty” about Nalcor supply of market-priced energy #nlpoli

You can read the full decision by the UARB (pdf) but here are some points to note.

Right off the bat, you will see in the full report that Nova Scotia consumers had the benefit of reviews by several consultants all of which are included in the UARB report.  This stands in stark contrast to the rigged reviews conducted in Newfoundland and Labrador before the final approval by the provincial government. 

Right off that the bat, that means that the public interest was far better served in Nova Scotia than it was at any point during the past decade in dealing with the Lower Churchill.

06 December 2009

The Transmission Skirmish: more documentation

The Telegram’s Rob Antle did a bang-up job of shedding some extra light on the ongoing skirmish between Newfoundland and Labrador Hydro and Hydro-Quebec over transmission of electricity through Quebec.

So far all anyone has had has been the Premier’s characterisation of the whole affair.

Well, for the record, here is the link to what appears to be the ongoing kerfuffle as it appears before the Quebec energy regulator agency, the Regie d’energie.

But if you scoot along to the United States Federal Energy Regulatory Commission – better known as FERC – you’ll find there a copy of a decision taken last November.  This is one of the documents cited in Antle’s piece.

Now the interesting thing is that all of this fuss happened before last spring’s announcement of a deal to wheel power through Quebec and sell it to Emera. Newfoundland and Labrador Hydro will pay Hydro-Quebec $19 million annually in wheeling charges on the block of power.

The Premier was fulsome in his praise for the deal at the time:

“This is truly a historic and momentous occasion for the people of our province, as never before have we been granted access through the province of Quebec with our own power…”.

Curious that he is now talking as if that whole deal never happened and that the provincial energy corporation can’t ship a watt of power through Quebec.

-srbp-

08 May 2014

Nalcor promising Boston cheap electricity courtesy of NL taxpayers #nlpoli

Muskrat Falls is over budget, big time. The latest estimate is $7.4 billion and climbing on a project that was forecast at $5.0 billion just four years ago.

The project will wind up behind schedule, most likely.

There’s a good chance Nalcor won’t have enough control over water flows on the Churchill River to meet its forecast firm generating capacity from the smaller dam let alone the theoretical project at Gull Island.

But that hasn’t stopped Nalcor from pitching Muskrat Falls and Gull Island to the good folks of Massachusetts with electricity at prices that would be – conservatively – about one third of what Nalcor’s owners will have to pay for electricity from Muskrat Falls.

05 October 2012

Masters of our debt-ridden domain #nlpoli

Premier Kathy Dunderdale confirmed on Wednesday that companies looking to develop Labrador mines have been getting good results from their inquiries about buying electricity from Hydro-Quebec.

According to Dunderdale, the companies “understand that if Muskrat Falls does not go ahead, what happens in Labrador from that point on lies squarely in the hands of Hydro-Québec and the province of Quebec.”

She added:
Think about that! Does anybody have any confidence that, when mines in this province go to Hydro-Québec looking for energy for development in Labrador, they are going to get the best industrial rates in Atlantic Canada?
The provincial government wouldn’t be worried about the issue unless Quebec had power to sell. 

13 August 2013

Nalcor’s Complaints to the Regie #nlpoli

Last week, the Quebec Superior Court dismissed a motion to hear an appeal from Newfoundland and Labrador Hydro over decisions taken by the Quebec’s energy regulator in 2010.

As NTV reported on Friday, “Newfoundland and Labrador Hydro asked for transmission access from Hydro-Québec TransÉnergie in January 2006. But Nalcor says it was met with delays, so it appealed to Quebec’s version of the Public Utilities Board, the Régie de l’énergie.”

That’s a fair, if very general,  account of the dispute.  You can see the same thing in the other media, such as the CBC’s online account.   The Telegram editorial on Monday described the dispute this way – “the Régie de l'énergie rejected all requested corridors for transmitting power through Québec” -  although that isn’t even close to what actually happened.