2015 Year in Review The Case for Hydro-specific Procurement – Lessons Learned P5 Methyl Mercury: a look back and the path forward P9 Doubling Hydro in the U.S. What’s Happening? P17 Renewable, Reliable, Responsive Send Your Complex Energy Matters Downstream With a wealth of insight and experience in the waterpower industry, Aird & Berlis LLP provides practical legal advice to developers and operators on a broad spectrum of energy issues. Rely on us for optimal results. Scott Stoll | [email protected] | 416.865.4703 energyinsider.ca airdberlis.com 2015 Year in Review President Paul Norris [email protected] Marketing and Events Coordinator Janelle Bates [email protected] Executive Assistant Melanie Boyd [email protected] Communications and Public Outreach Coordinator Stephanie Landers [email protected] Contributing Writers Elizabeth Ingram, Managing Editor, PennWell’s Hydro Group www.hydroworld.com David Leeder, Environmental Scientist, Hutchinson Environmental Sciences www.environmentalsciences.ca David Stevens, Partner, Aird & Berlis www.airdberlis.com Visit our website: www.owa.ca Email: [email protected] Phone: 1-866-743-1500 Year in Review is published annually by the Ontario Waterpower Association. Distribution is free of charge within North America. Subscription enquires or changes to subscriptions should be directed to Melanie Boyd [email protected]. The contents of this publication may not be reproduced in whole or in part without the prior permission of the publisher. Cover Photo courtesy of Hydro Ottawa In This Issue Cover Stories 5 | The Case for Hydro-specific Procurement – Lessons Learned 9 | Methyl Mercury: a look back and the path forward 17 | Doubling Hydro in the U.S. What’s Happening? Articles 3 | Welcome 11 | Advancing Opportunities with Far North First Nations 13 | Industry Advancement Continues to be the Focus 15 | Ontario Government Introduces New Long-Term Energy Planning and Energy Conservation Legislation 19 | 2016 – A look ahead with one eye in the rear view mirror 23 | Proud OWA Members 25 | 2016 Industry Events Listings Welcome to the OWA’s annual Year in Review Publication. Over the past year we’ve seen a number of groundbreakings and commissionings and there’s more to come. Projects commenced five or more years ago are now under construction or in production. Key policy advances such as the inclusion of small hydro in the Feedin Tariff Program and amendments to the OWA Class Environmental Assessment were made. New Best Management Practices were published and support for Far North First Nations continued. Northern transmission expansions moved forward, and “storage” is becoming more central to electricity planning. And there is renewed interest in redeveloping and retrofitting existing infrastructure in Ontario, providing opportunities for new emerging technologies. Ontario’s electricity sector has undergone and continues to undergo significant change. While only a decade ago the system regularly faced potential supply shortage challenges, the province is now in a position of adequate generation capacity for the foreseeable future. With the elimination of coal fired generation in 2014, the build out of natural gas and the addition of significant amounts of other renewable energy sources, Ontario’s supply mix is very different than it was even a few years ago and the province’s diversity of supply in 2015 places an increasing emphasis on the value of flexible generation like waterpower. Coupled with the emergence of Climate Change as a key policy priority and the continued reliance on the electricity sector to make significant additional contributions to the achievement of carbon reduction targets, the value proposition for the waterpower industry continues to evolve. In the context of this changing environment, in May 2015 the OWA Board of Directors undertook an initiative to review and refresh the industry’s five (5) year strategic plan. The approach featured a focused intelligence gathering exercise that included convening one-on-one telephone interviews with selected Aboriginal, Environmental, Government and Political Thought Leaders to gain insight about strategic shifts that the industry needs to be prepared for. The initiative was designed to promote strategic imagination and innovative thinking, and to acquire a view “from the outside in.” Additional strategic information was secured by surveying OWA members and key contacts, providing an opportunity for those involved in the waterpower community to share their observations about the catalysts for change and the opportunities for the sector. welcome Against this backdrop and in consideration of current and emergent issues the OWA Board defined the “market” for waterpower in Ontario over the next five years and hence the OWA’s priorities to be as follows: • First and foremost, build the projects currently contracted; • Maintain and increase the contribution and flexibility of existing assets; • Reinvest in, redevelop and retrofit existing infrastructure; • Enable First Nation and community development; • Pursue pumped storage; and • Advance Greenfield development linked to transmission expansion. But how, as an organization and industry, can these objectives be achieved? The starting place is always core values: - Responsible advocacy: The OWA believes in advancing the contribution and recognition of waterpower in a positive, accountable and non-partisan manner. We speak for ourselves, not against others; - Earning a social license: The OWA believes that the ability to operate and develop Ontario’s primary source of renewable energy is based on providing net societal benefits. The use of public resources requires the maintenance of public trust; - Collaboration: The OWA believes in listening to and working with others who are interested in the industry and are willing to work collaboratively. We focus on solutions, not problems; - Leading by example: The OWA is committed to advancing the knowledge and information base that helps define sustainability. We seek to set the bar, not simply meet it; and - Recognition: The OWA knows that people are at the heart of organizational success and strives to enable individual and collective growth and achievement. Our staff, members and partnerships are our strength. The refreshed plan establishes 2020 as the next horizon – a five year timeframe that already holds much potential for steady, sustained growth in the industry. Planned procurement for small and large projects is anticipated to continue for the next three years. The Long-Term Energy Plan is expected to be reviewed in 2016. Nuclear refurbishment is likely to begin in the near future. Beyond those relative “knowns” are additional factors such as the proposed development of a Canadian Energy Strategy and investigation of increased interprovincial trade in electricity. The OWA’s touchstone in all these activities will be the Vision that: “Waterpower is recognized and valued as Ontario’s historic and future preferred energy source.” Sincerely, Paul Norris, President, Ontario Waterpower Association The Case for Hydro-specific Procurement – Lessons Learned Since the “hybrid market” was first introduced, there have been a number of approaches and supporting policy mechanisms used to procure or contract waterpower generation. In fact, the tinkering continues through the current Large Renewables Procurement and the Feedin Tariff program (FIT 4.0). In considering those that have worked well, and those which have proven a challenge, one common theme emerges – that a procurement design tailored to the unique values of and regulatory regime for waterpower is much preferred. Consider the brief history of efforts to encourage the participation of existing and new hydro generation in the province. Small Hydro Non-Utility Generation Arguably the forerunner to today’s FIT Program, in the late 1980’s through mid 1990’s the government, through Ontario Hydro, provided a series of “standard offer” contracts for small hydro development in support of the “Demand Supply Plan”. More than fifty (50) projects were brought on line during that period, with a total installed capacity of over 140 MW. Facilitated by a simplified Crown land access policy (MNRF) and prefeasibility assessments (Ministry of Energy), this was the first modern era of small hydro in Ontario and helped establish many of the entrepreneurial companies which have expanded their investments in Ontario and in other jurisdictions. These developments are still providing cost effective, reliable generation to the provincial grid, either through the provisions of their original contracts, or through their migration to an HCI contract upon expiry. P5 Renewables Requests for Proposals The Ministry of Energy and then the Ontario Power Authority issued a series of “Renewables Requests for Proposals” beginning in 2004 (300 MW to be in service by 2007) as a means to achieve overall renewable energy supply objectives. In 2005, a request for proposals for an additional 1,000 MW of renewable energy was released, which resulted in twenty-four (24) contracts for more than 3,300 MW of new electricity supply capacity. Of this contracted capacity only one (1) project was for waterpower, with an installed capacity of 23 MW. The primary rationale for the lack of waterpower in this generic procurement was misalignment of enabling policy, notably Crown land access. In order to participate in the RFP processes, proponents had to demonstrate “site control” as a precondition. While this is possible for projects negotiating with private land owners (i.e. wind), virtually all waterpower development is premised on Crown land access. MNRF policy in this regard was not released until December 2004 (too late for RFP I) and involved a two-year predevelopment process to attain “Applicant of Record” status (too late for RFP II). This type of policy misalignment is a common theme through procurements not specifically tailored to the hydro sector. Renewable Energy Standard Offer Program Designed to recognize the disproportionate administrative burden of an RFP process for smaller projects and to encourage more distributed generation, the RESOP initiative enabled investments in projects less than 10 MW in capacity. Not surprisingly, a number of waterpower projects were brought forward through the program, as many of the opportunities, particularly in southern Ontario, are “small hydro”. While the procurement was not in place for long enough to assess its effectiveness, it did provide a simpler means of bringing forward small projects that no longer exist in the current LRP/FIT framework. Feed-in Tariff In 2009, renewable energy procurement policy fundamentally shifted with the introduction of a no limits Feed-in Tariff program. Featuring an iterative opening and closing of procurement windows, coupled for the hydro industry with a similar approach to Crown land access, a “boom and bust” approach to investment was created. In addition, emphasis was placed on “shovel ready” projects, with a competitive advantage given to those projects that could be commissioned earliest. Waterpower projects were by design disadvantaged in this regard, given their longer lead times for development relative to other technologies. As importantly, the environmental approvals process designed to support new renewable was in essence a land use planning construct best suited to modular and movable technologies (i.e. wind and solar). While approximately fifty (50) waterpower projects were successful in obtaining FIT contracts, only one has been commissioned to date. In fact, in recognition of the “unique regulatory requirements” for waterpower projects, the Minister of Energy in 2013 issued a Directive that extended the timeline for waterpower development from five (5) to eight (8) years. Hydroelectric Contract Initiative The first waterpower specific procurement since the NUG program, the HCI program resulted in more than one hundred and twenty-five (125) hydro facilities entering into contracts starting in 2010. The initiative was a response to the disproportionate effect the hybrid market and HOEP had on the waterpower sector and, from the outset, was specifically designed to address the unique aspects of hydro. Key features included the differentiation between large and small projects, the inclusion of provisions linked to the potential impact of regulatory change (e.g. Lakes and Rivers Improvement Act) and incentives to add capacity to the existing facilities. This contractual certainty has created a climate much more conducive to new investment in existing assets across Ontario. Importantly, it also provides for the migration of expiring waterpower NUGs. Hydroelectric Standard Offer Program Similarly focused specifically on waterpower, the HESOP Municipal and Expansion streams that were directed and implemented in 2013 had very detailed program eligibility criteria, necessarily limiting the participation of a wide range continued on next page Procurement panel speakers discuss the challenges with Ontario’s procurement mechanisms at the 2015 Power of Water Canada Conference | 2015 YEAR IN REVIEW P6 The Case for Hydro-specific Procurement continued of projects. A key difference between these procurements is that the Municipal stream included the concept of “anticipatory grid capacity” (i.e. that projects could proceed in parallel with the planned expansion of transmission and/or distribution systems). Unfortunately, similar provisions were not included in the Expansion stream, stranding a number of potential facility upgrades, particularly in northern Ontario. This remains a key policy issue for all future procurement of waterpower projects. Given the long lead times for both hydro development and transmission/distribution expansion, the OWA continues to advocate for concurrent rather than sequential investment SPECIALIZING IN THE DEVELOPMENT OF HYDROPOWER PROJECTS • • • • • • Greenfield developments Environmental assessments Public safety assessments Hydrological studies Dam Safety Reviews Structural and geotechnical rehabilitation designs • Plant upgrade and re-development • Inspection and control of equipment manufacturing Large Renewables Procurement In 2014 the Minister of Energy directed the development and implementation of a competitive process for “large” renewables, effectively ending the Feed-in Tariff approach for all projects greater than 500 kW in capacity. While the initial program rules had the potential to limit the eligibility of many waterpower producers and developers, subsequent changes that included “operation” of a hydro facility expanded the pool somewhat. Though the outcome of the process will not be known until early 2016, feedback received again points to the unique challenges of a generic program for hydro. For example, the government’s policy objective of community participation/support required the engagement of local citizens and politicians in advance of bidding on a project, with “points” allocated in each case. However, Crown land access is not provided until after a proponent receives a contract, making community engagement particularly challenging. In addition, the complexity of the eligibility/ application process all but excludes smaller projects, effectively removing from consideration many of the types of development opportunities known to exist in hydro, as evidenced by the response to the initial FIT program. Small Feed-in Tariff Finally, the remaining component of the “simpler” process for small projects is tailored to development of 500 kW or less. The procurement is by no means insignificant, with more than 240 MW assigned to the current program (FIT 4.0). Again, however, waterpower has faced challenges in participation due to program design features. In fact, during the most recent program review, there was a very real possibility that waterpower would be excluded altogether. Having crossed that barrier, the industry is focused on advancing projects at existing infrastructure and ensuring alignment of the regulatory processes that can constitute a significant portion of development costs. Both the Ministry of Natural Resources P7 www.kgsgroup.com WINNIPEG REGINA MISSISSAUGA THUNDER BAY and Forestry and Parks Canada have made infrastructure available in support of new investment, however much of the real potential is in the 500 kW to 2 MW range, and may be ineligible for the procurement, unless program rules are changed. In addition, the recognition of “system benefit” that waterpower provides has been removed in the competition for capacity. Summary The procurement of renewable energy over the last decade has both incrementally evolved and been fundamentally changed. It is clear that the inclusion of waterpower within generic programs has resulted in a “square peg, round hole” outcome. While attempts have been made within standard program rules to accommodate some of the unique features of hydro (longer contracts, incentive of flexible generation), these anomalies have complicated such processes. Additionally, under the current framework, there is a considerable number of projects, many at existing infrastructure, that are either too small for the LRP process or too large for FIT. What has worked better are programs tailored for the sector. To achieve the target of 9,300 MW of waterpower to be in service by 2025, hydro specific procurement is the best path forward. To find out more about how you can become part of the “voice” for the waterpower industry, visit www.owa.ca or contact us at 1.866.743.1500 PRODUCTS BUILT ON EXPERTISE RELATIONSHIPS BUILT ON TRUST Whatever your challenge, we’ve got the people, skills and products to meet it head on. We’re a company steeped in experience and rich in innovation. We are WEIR American Hydro™. Speak to our skilled team and set a performance challenge for us. Call | Email | EN GIN EERIN G | P E RF ORM AN C E UP G RADES | REH AB ILITAT ION +1 717 755 5300 [email protected] | NEW U NIT S | FIELD SE R VI C E Methyl Mercury: a look back and the path forward Guest Article by: David Leeder, Hutchinson Environmental Sciences Science advancements in early 2013 indicated that bioaccumulation of methyl mercury from land flooding could be a concern with new greenfield small hydro developments in Ontario. The phenomenon has been wellstudied in the large hydro reservoirs of northern Quebec and Manitoba from decades past, and was initially not a concern with modern small hydro in Ontario that requires very little land to be flooded to generate power. When the perceived methyl mercury risk from small hydro came to light, it caused a frustrating roadblock for regulators and developers engaged in late stages of the Waterpower Class Environmental Assessment and permitting for new waterpower projects in the Province. The concern with methyl mercury is this: when land is flooded, methylating bacteria in the new permanently wetted soil thrive and convert naturally occurring mercury into a toxic methylated form; benthic invertebrates in the soil then take up the methyl mercury, and from there it bioaccumulates up the aquatic food chain reaching potentially concerning levels in top predator fish, which can affect the health of human and wildlife fish consumers. The bioaccumulation reaches a peak in the first few years after flooding and methyl mercury levels most commonly drop back down within a decade or two, as seen in the big reservoirs. The effect is largely reversible, but persists for a period that could be a concern. Although Ontario has a long history of waterpower, there are very few reliable studies on the relationship between methyl mercury and small hydro headponds, and accordingly, there are no tools calibrated to small waterpower that can accurately predict what a methyl mercury response in predator fish will be after flooding. The waterpower P9 facilities in this province were almost all developed far enough in the past that any measurable methyl mercury bioaccumulation response is long gone. Recent facilities in other jurisdictions do not have sufficiently comparable conditions to those in Ontario to yield useful information. So, how do you get the effects data to develop good predictive change tools, without having an existing reference or new hydro facilities from which to collect the necessary data? Couple that question with the Province’s commitment to have 9,300 MW of waterpower in service by 2025, not to mention the substantial investment and financial risk of industry with pending generating stations on hold, and you have a conundrum of how to responsibly build new small-scale waterpower with a new poorly defined environmental risk. Through the Ontario Power Association (OWA), industry and government (MOECC, MNRF) came together in 2014 and 2015 to develop two Best Management Practices to: a) regularize the collection of methyl mercury data related to new small-scale waterpower facilities to better define baseline conditions from which to predict change and collect mercury information after development to refine predictive models, and b) provide advice on estimating methyl mercury increases for proposed projects with the best currently available predictive models, and recommend monitoring and response frameworks which manage risk in the interim when model outcomes have a fair amount of uncertainty. With industry and government stakeholders at the table, balanced and technically defensible approaches were developed to protect human health and the environment from methyl mercury during the current period of uncertainty, while allowing development of new hydropower to meet the Province’s energy needs. The approaches have assisted some of the previously stalled projects to move forward. Looking ahead, the OWA has entered into an agreement with MOECC to house a central repository of methyl mercury monitoring data related to waterpower, which government, industry and the scientific community can access to update the science of predictive modelling so that risk can be more accurately predicted, and managed responsibly, by industry and regulators. One must recognize that maximum methyl mercury risk occurs at peak mercury a few years after facility development, so substantial modelling advancements may not occur until a few years after the first new greenfield hydro projects are commissioned. MOECC and industry can, and are encouraged to, submit monitoring data to the repository. As science advances, feedback to OWA and revisions to the Best Management Practices to reflect current knowledge are expected. The program rules and regulatory approvals processes under the Feed-in Tariff 4.0 program - a major opportunity for additional small hydro in Ontario - appear to favour redevelopment of existing water control structures, with expected shorter design and permitting timelines than greenfield developments. Redevelopment projects that maintain water levels within the existing water level regime should not have concerns with methyl mercury generation. However, the advances in methyl mercury risk assessment and management over the last two years provide a positive environment for developing greenfield projects that were in mature stages of design and Environmental Assessment when delays occurred in 2013. These mature greenfield projects and additional new projects in the north liberated by transmission expansion have good potential for development, and represent another option for advancing sustainable waterpower in Ontario. David Leeder was the primary author of the 2014 and 2015 Best Management Practices concerning methyl mercury assessment and risk, and is the waterpower lead at Hutchinson Environmental Sciences in Bracebridge, Ontario. | 2015 YEAR IN REVIEW P10 Advancing Opportunities with Far North First Nations It has been five (5) years since Bill 191 (the Far North Act) came into effect and while good progress has been made in achieving the intent of the legislation, it has been measured. Nine (9) community land use plans, led by First Nations, have reached or passed the draft terms of reference stage of the planning process with four (4) of those resulting in an approved Community Land Use Plan. A quick review of the values expressed in these planning processes shows that renewable energy in general and waterpower in particular is featured in a number of cases. it seeks to advance the collaborative efforts made to date between the province, the OWA and the IESO with respect to the identification of economically viable waterpower opportunities in reasonable proximity to diesel dependent communities. Finally, it recognizes the need for concurrent planning of long lead time projects such as waterpower and transmission. The program is modeled after the successful 2012 building capacity workshops, where the OWA and OPA partnered to deliver two day sessions to First Nation equity partners with interest in the Feed-in Tariff program, using member subject matter expertise in hydrology, biology, engineering, and information technology. Since the Act was proclaimed, the Association has been actively engaged in supporting the government’s priority with respect to addressing the environmental and socioeconomic challenges of diesel dependence for remote First Nations Communities. OWA’s efforts to assist and enable communities to advance their interests in waterpower development include: Throughout the initial implementation of Far North land use planning, one of the challenges has been the potential disconnect between progress on community land use planning and broader provincial initiatives such as resolving diesel dependency. As articulated in “Achieving Balance”, the 2013 Long-Term Energy Plan (LTEP), “Ontario will continue to work with the federal • The commissioning in 2013 with the support on the Ministry of Natural Resources and Forestry, the Ministry of Energy and the Ontario Power Authority of a report documenting “Waterpower Potential in Ontario’s Far North”, with an emphasis on small hydro in proximity to diesel dependent First Nations; nipih ka-oonjih ishkootehwak, ka-isee nipeewakameekakin meena nipeekank ka-ayawatch pineseeshuk peh-sinj Webequie ¯ • In partnership with Ducks Unlimited Canada (Ontario) in 2014, the development and delivery of First Nation – centric mapping products including waterpower, transmission, wetlands and waterfowl values; and " ) " )" ) )" " )" ) ) )" )" " )" " ) " ) " ) ) )" " )" " ) " ) " ) " ) " ) " ) " ) ) " )" " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) ) )" " )" " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) ) "" ) " ) " ) ) " )" " ) " ) " ) )" ) " " ) )" )" " )" " " ) )" ) " ) Webequie " ) " )" " )" ) ) )" )" )" ) " ) " ) ) " )" " ) " ) " ) ^ " ) " ) " ) ) " )" " )" ) " )" ) )" )" " ) ) " ) " )" " ) ) )" " " ) )" )" _ ^ " ) " ) " ) ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 40 km ! ) " )" ) "" " )) ! 20 " ) " ) " ) " ) " ) ! 10 ! ! ! 0 ! ! ! ! ! ! ! ! ! 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In addition, in 2015 the OWA obtained support from the IESO’s Education and Capacity Building Program to deliver a training program to Remote Communities proposed to be connected to the provincial grid. The initiative is focused on building the capacity of Remote First Nations communities to become proponents of, or economic partners in, waterpower development projects in anticipation of the extension of transmission per the IESO’s Remotes Connection Plan. The proposal builds on the unique policy framework in place with respect to these communities regarding waterpower development opportunities, notably the allocation of these resources directly to First Nations and/or their partners. Further, ^")") " )" )" )" ) " ) " ) " ) " )" ) " ) " ) " ) " ) " ) " ) " ) ) " )" )" " ) " ) ) )" " )" ) " " )" ) ) " )" " ) " ) " ) " ) ) "" ) " ) " ) " ) " ) " " )" ) ) " ) " ) " )" " ) ) " )" " )" )) Kasabonika Lake " ) " )" " " )) " )" ) ) ! • Ongoing input and advice to the transmission development proposals and environmental assessments. " )" ) " ) " )" ) " ) ) " )" HATCH, 2013. Northern Hydro Assessment - Waterpower Potential in the Far North of Ontario Commissioned by Ontario Waterpower Association, Financial Support from the Ontario Government. kananakajijikatek keh-eenapatuk ahkih Map produced in partnership with Ducks Unlimited Canada and the Ontario Waterpower Association. Other data supplied under license by members of the Ontario Geospatial Data Exchange. " ) " ) " ) " ) " ) ) )" "" ) " ) " ) " ) " ) " ) Hudson Bay Fort Severn rn ve Se Far North West Winnipeg er Riv Weenusk Québec Ottawa Ottawa Winisk River Toronto Far North Central 2 Pickle Lake Cluster Bearskin Lake Sachigo Lake Kitchenuhmaykoosib Inninuwug Red Lake Cluster Sandy Lake Kee-Way-Win Wapekeka North Caribou Lake Kasabonika Lake Wawakapewin Muskrat Dam Lake Attawapi Kingfisher Webequie Wunnumin Legend skat Riv er First Nation Community of Study Nibinamik Transmission Line Deer Lake North Spirit Lake Ring of Fire Study Area Neskantaga Poplar Hill Watershed Pikangikum Eabametoong Pickle Lake, ON Marten Falls 60 km Alb a 25 km 12 km Red Lake, ON Wabauskang ive r Far North Central 1 Whitesand Notes: 1. Study Area defined as 12 km from off-grid communities, 25 km from proposed transmission line, and 60 km from the Ring of Fire region (whichever is greatest). 2. Produced by Hatch under licence from Ontario Ministry of Natural Resources, Copyright (c) Queens Printer 2011. 3. Spatial referencing WGS 84. 4. Base geographical information provided from ESRI, and WMS provided by Natural Resources Canada. North Central Gull Bay Eagle Lake ny R Lake Nipigon North West 0 50 100 200 300 Km 1:4,500,000 Lake Superior Figure 6-1 Northern Hydro Assessment Waterpower Potential in the Far North Study Areas Document Path: P:\OWA\345182\SPECIALIST_APPS\GIS\WorkingFolder\StudyAreas.mxd Date Saved: 11/22/2013 3:18:42 PM government to connect remote First Nation communities to the electricity grid or explore on-site alternatives for the few remaining communities where there may be more cost-effective solutions to reduce diesel use.” Under the Act, community based land use plans are to be prepared and approved by First Nation(s) and Ontario before most development proceeds, unless an exemption or exception applies. One exception provides the authority for the Minister of Natural Resources and Forestry (MNRF) to allow certain developments to proceed while land use planning is underway, if certain conditions are met. Developments that can be allowed under this provision include: • wind power or waterpower electrical generation facilities and associated infrastructure; • electrical transmission and distribution systems and lines and associated infrastructure; and • all weather transportation and associated infrastructure. The Act further stipulates that an application to trigger this provision must be brought forward during the planning process but within five (5) years of the effective date of the Act, or within a prescribed time, the maximum of which may be seven (7) years. In November 2015, MNRF posted on the Environmental Registry a proposal to introduce a regulation to extend the deadline to submit applications for a Minister’s exception order. This extension will give First Nation proponents of transmission and renewable energy generation an additional two (2) years to make application for a Minister’s Order to undertake planning and development concurrently. It will also give organizations like the OWA the opportunity to further build capacity within communities interested in pursuing waterpower projects as components of their socioeconomic aspirations. In addition, the extension should present a window for Far North land use planning and long-term energy planning to be better coordinated, particularly given the review and refreshment of the LTEP scheduled for 2016. | 2015 YEAR IN REVIEW P12 Industry Advancement Continues to be the Focus of the Power of Water Canada Conference With almost four hundred (400) delegates and over sixty (60) exhibitors from across Canada and beyond, the annual Power of Water Canada (POWC) conference continues to be the primary networking and educational event for the waterpower industry. This year’s conference was again held in Niagara-on-the-Lake and featured several informative sessions highlighting some of the major advancements and opportunities for the waterpower sector. Key topics addressed at this year’s event included procurement mechanisms and contracting strategies, new technologies and industry advancements, First Nation partnerships, environmental best management practices and climate change. Overall, there was one common theme in all sessions - the waterpower industry continues to grow, advance and strive for new excellence on a continuous basis. Whether the topic was new Best Management Practices, advancements in data collection and improved operating regimes for climate change, or the latest technology for small hydro, it was evident that the waterpower industry is in a constant state of improvement and is continuously seeking to maintain its social licence to operate. Power of Water Canada 2015, Opening Keynote Speaker The Honourable Glen Murray, Minister of the Environment and Climate Change P13 As with previous years, the Association held its annual gala dinner and awards ceremony on the evening of October 19th to recognize the accomplishments of the leaders in the sector whose efforts and vision have helped pave the way for future growth of the industry. The Stewardship Award, which recognizes those organizations that have made a commitment to environmentally responsible and sustainable waterpower development, was presented to Hydromega in recognition of their leadership in First Nation partnerships Philip Lawee, Hydromega (right) accepts the 2015 Stewardship Award in the development of the Nominated by Karen McGhee, Kapuskasing River and the McGhee Krizsan Engineering (left) Okikendawt projects. In each of these projects Hydromega successfully executed partnerships with the First Nations, which resulted in the communities owning a significant portion of the project and provided the option to purchase additional equity in the future. These projects have provided the industry with excellent case examples and have created a “new business model” for waterpower development in northern Ontario. The Innovation Award recognizes those organizations that have shown leadership in innovation through the development of important advancements. This year’s award was presented to Hutchinson Environmental. Under the leadership of David Leeder, Hutchinson Environmental recently David Leeder, Hutchinson authored the Best Management Environmental Sciences (left) Practice (BMP) for Small accepts the 2015 Innovation Award Nominated by Heather Ferguson, Hydropower and Methyl Mercury. Ontario Power Generation (right) David developed the scope and conceptual framework for the BMP, working alongside the OWA and numerous developers, the Ministry of the Environment and Climate Change and the Ministry of Natural Resources and Forestry. This BMP has w w w .mav e l. c z HYDRO TURBINES Kaplan Francis Pelton 30 kW to 30+ MW been pivotal to the waterpower industry as it has created a path forward in the absence of established models, methodologies and guidelines. Finally, the evening concluded with the presentation of the R.R. Dodokin Award. This year’s award was presented to Alfred Mohino, KGS Group. With a career spanning over forty (40) years in the hydropower sector, Alfred has shared the same passion and commitment to waterpower as Mr. Dodokin did himself. And it is this passion that he still continues to share willingly with colleagues, new engineers entering the field and those that have an interest in the industry. Mr. Mohino’s legacy in Ontario is reflected in the talent and expertise of turbine engineers in this province and in the introduction of new technology on which Ontario based businesses now depend. Congratulations to all the award winners! Benesov, CZ +420 317 728 483 [email protected] Boston, MA USA +1 617 242 2204 [email protected] The 2016 Power of Water Conference will be held from October 17-19 at the White Oaks Conference resort in Niagara-on-the-Lake. Registration will be open soon – save the date! Alfred Mohino, KGS Group (left) accepts the 2015 R.R. Dodokin Award Nominated by Mike Markovich, KGS Group (right) | 2015 YEAR IN REVIEW P14 Ontario Government Introduces New Long-Term Energy Planning and Energy Conservation Legislation Guest Article by: David Stevens, Aird & Berlis LLP On October 28, 2015, Minister Chiarelli introduced Bill 135, which is titled the Energy Statute Amendment Act, 2015. The proposed new legislation proposes a number of changes to the Green Energy Act, 2009, the Electricity Act, 1998 and the Ontario Energy Board Act, 1998. The proposed new legislation addresses a number of topics. Four of the main items addressed are: 1.Long-term energy planning: Bill 135 would amend the Electricity Act, 1998 to give the Minister of Energy (Minister), rather than the IESO, the responsibility for developing a long-term energy plan at least once each period specified within Regulations. The IESO’s role in developing the long-term energy plan would be to provide technical reports, when requested by the Minister. While there would be an obligation on the Minister to consult with consumers, distributors, generators, transmitters and aboriginal peoples, there is no requirement that the long-term energy plan be reviewed by the OEB, as was the case previously in respect of the integrated power system plan. P15 2.Role of the IESO and OEB in relation to the long-term energy plan: Bill 135 would amend the Electricity Act, 1998 to give the Minister the power to issue directives to the IESO and to the OEB respecting the implementation of the longterm energy plan and requiring the IESO and the OEB to submit implementation plans for approval. Where required in an implementation plan, the IESO would be empowered to enter into contracts for the procurement of a variety of items, some of which go beyond what is contemplated in current procurement provision of the Electricity Act, 1998. For example, the IESO will be empowered to enter into contracts for procurement of electricity storage and for changes in electricity demand, as well as transmission systems (including the development of such systems). 3.Feed-in tariff program: The current provision of the Electricity Act, 1998 under which the Minister can direct the IESO to develop a feed-in tariff program is proposed to be repealed. However, the existing Minister’s direction to establish a feed-in tariff program, and any program or thing established or done in accordance with that direction, will be unaffected. April 25-27, 2016 Capital Hilton • Washington, D.C. www.nationalhydroconference.com PLAN to ATTEND Produced by: Flagship Media Sponsor: NHA-0205_ResizeNHA-0199-7.1875x4.875.indd 1 4.Energy conservation: Under proposed amendments to the Green Energy Act, 2009, there would be new reporting requirements, and water conservation (efficient use of water) would be addressed in certain provisions of that statute. The proposed amendments contemplate that Regulations may be created to require a “prescribed person” to report to the Ministry of Energy about energy consumption, water use, ratings or other performance metrics in respect of energy consumption and water use. There may also be verification requirements for the reported information. The proposed amendments would require electricity, gas and water distributors to make available prescribed information about consumption of electricity, gas and water. 9/25/15 3:42 PM The Energy Statute Amendment Act, 2015 has been presented to the Legislature and is now in the process of second reading. A main focus of debate has been on the transfer of electricity planning responsibility from the IESO to the Government, along with the weakening of the OEB’s powers of review. In the coming months, we will report further with more details about the implications of the proposed new legislation, and the timing for its implementation. David Stevens is a partner and a member of the firm’s Litigation Group and Energy Team at Aird & Berlis LLP. www.airdberlis.com www.energyinsider.ca | 2015 YEAR IN REVIEW P16 Doubling Hydro in the U.S. What’s Happening? By Elizabeth Ingram, Managing Editor, PennWell’s Hydro Group Thanks in part to an assessment indicating more than 65 GW of new hydropower capacity could be developed in the U.S., there is a call to action regarding the possibility of “doubling hydropower capacity in the U.S.” Comparatively speaking, in 2014 there was 79.65 GW of hydropower capacity installed in the U.S., at 2,198 active plants, according to a Hydropower Market Report issued by the U.S. Department of Energy (DOE). And in fact, in April 2014, U.S. Secretary of Energy Ernest Moniz told attendees at the National Hydropower Association annual conference, “Hydropower can double its contributions by the year 2030.” Going back to those 65 GW of potential, in April 2014, DOE and its Oak Ridge National Laboratory released the assessment, estimating as much as 65.5 GW of new hydropower capacity could be developed across more than 3 million American rivers and streams. The report, called the New Stream-Reach Development Assessment, did indicate that most of this new potential would likely be at smaller, run-of-river facilities that could utilize new low-impact designs and technologies. Importantly, the assessment also analyzed technical, socioeconomic and environmental characteristics that will help energy developers, policy makers and local communities identify the most promising locations for sustainable hydropower facilities. Following on this, in April 2015, DOE released its 2014 Hydropower Market Report. At the time the report was published, installed hydropower capacity in the U.S. provided about 7% of all U.S. electrical generating capacity and 7.1% of generation. P17 As only 3% of dams in the U.S. have hydropower generating facilities, significant potential exists. In fact, Oak Ridge National Laboratory calculated 12.1 GW of potential at nonpowered dams, with two-thirds of that potential concentrated at 100 sites. The assessment mentioned earlier indicates a potential 65.5 GW of capacity from new stream-reach developments. However, this assessment did not evaluate the financial viability of the projects identified. It cannot be overlooked that the Federal Energy Regulatory Commission permitting and licensing process can be quite time-consuming. The DOE report says “unanimously approved legislation in 2013 introduced reforms of the hydropower permitting process that could contribute to realizing some of that potential.” The legislation this report refers to -- likely the Hydropower Regulatory Efficiency Act (HREA) and Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act -- includes a number of conditions designed to streamline the regulatory process for certain types of hydroelectric projects. In a nutshell, HREA increases small hydro exemptions to 10 MW, removes conduit projects less than 5 MW from FERC jurisdiction, increases the conduit exemption to 40 MW for other projects, gives FERC the ability to extend preliminary permits and requires FERC to examine a twoyear licensing process for non-powered dams and closedloop pumped storage. The Reclamation act streamlines the process for proposals on Reclamation-owned tunnels, canals, pipelines, aqueducts, flumes, ditches and similar manmade infrastructure up to 5 MW in capacity, as well as helping eliminate redundancies in the approval process. Recently, we have not reported on a lot of new development activity in the U.S. But in early November, FFP New Hydro acquired Red River Hydro, which gave FFP New Hydro the license to develop a 78 MW project on the Overton Lock and Dam on the Red River in Louisiana. In addition, in September 2015, Snohomish County Public Utility District in Washington State issued about $40 million in taxexempt bonds to help pay for the design and construction of two new 6 MW hydroelectric plants. In terms of ongoing work, the 36.4 MW Red Rock facility is being developed on the Des Moines River in Iowa, with a projected spring 2018 commissioning date. And the 35 MW Willow Island facility, on the Ohio River in West Virginia, is anticipated to be complete by the end of 2015. And there’s plenty of potential work in the pipeline. As of Dec. 1, 2014, there were 26 hydro projects where FERC had approved their notices of intent to construct. Yes, the U.S. has a lot of untapped hydro potential. It remains to be seen whether this can translate into doubling installed capacity over the next 15 years, as Moniz called for. Referenced reports: http://nhaap.ornl.gov/nsd http://energy.gov/hydropower-market-report Elizabeth Ingram is managing editor of PennWell’s Hydro Group, which publishes Hydro Review and HRW-Hydro Review Worldwide magazines; organizes HydroVision events in the U.S., Brazil, Russia and India; and publishes news daily on its HydroWorld.com website. | 2015 YEAR IN REVIEW P18 2016 – A look ahead with one eye in the rear view mirror The coming year promises, again, to hold significant potential for change for the electricity sector in general and the waterpower industry specifically. The implementation of structural and functional change, embodied by Bill 135, will alter the landscape with respect to roles and responsibilities. Waterpower projects under the LRP and FIT programs will be procured and begin the development process. Several projects procured previously will commence or complete construction. Work and consultation will begin on the next Long-Term Energy Plan, with an expected increased focus on Climate Change objectives and the nearing planned refurbishment of nuclear assets. In many, if not all of these areas, the new Independent Electricity System Operator (IESO) will have an important part to play. In looking ahead, therefore, it is instructive to consider the IESO’s perspective on waterpower, as recently articulated by CEO Bruce Campbell in his keynote address to the Power of Water Canada Conference: solar and hydraulic generation is joining the provincial supply mix, helping to meet the province’s demand for electricity. We will continue to see shifts in our supply mix as the province proceeds with refurbishments at Darlington and Bruce. By 2025, 20,000 megawatts (MW) of renewable energy is expected to be online, representing about half of Ontario’s installed capacity. We have also already begun to integrate emerging storage technologies into Ontario’s electricity market. This year, we will complete the process of procuring about 50 MW of storage, focusing on facilities that can provide long-term benefits while enabling suppliers to demonstrate their technologies. So how does the IESO see waterpower figuring into this changing energy landscape? Waterpower is a critical part of the electricity mix worldwide, producing nearly “The new IESO has entered one-fifth of the world’s the stage at a moment total electricity output and where the energy landscape accounting for about 80 is undergoing remarkable percent of the world’s change and a greater degree electricity production from of interconnectedness non-fossil and non-nuclear than ever before. This is Bruce Campbell, CEO, IESO sources. Since 1971, especially important for Keynote Speaker, 2015 Power of Water Canada three countries have been an organization that has responsible for more than to stitch together many half of the worldwide growth in hydroelectric power: responsibilities, ranging from planning to system operations, China, Brazil and Canada. to markets and resource development, and to promoting energy conservation. So let me describe to you how we see the environment unfolding around us. Over the last 10 years, there have been significant changes on the supply side with the phase out of coal-fired generation. And with that change, more natural gas, wind, P19 In Canada, there is approximately 74 gigawatts of installed hydroelectric power capacity. About 11 percent – or more than 8,000 MW – of this is located here in Ontario with about 700 MW added just within the last 10 years. Waterpower is the province’s second largest source of electricity production and third largest source of installed capacity. In Ontario, waterpower is a big part of the renewable energy supply mix. While waterpower represents 24 percent of Ontario’s capacity, it represents nearly 70 percent of the province’s renewable energy capacity. Waterpower is also an important source for Ontario’s flexibility in supply as much of its output can be controlled to follow changes in demand. In addition, waterpower provides operating reserve that can be called on with short notice to deal with an unexpected mismatch between generation and load. In 2014, waterpower resources supplied 53 percent of Ontario’s operating reserve. The IESO currently has contracts for 82 waterpower projects that are in commercial operation, representing more than 2,200 MW. Another 40 projects are currently under development, representing an additional 218 MW. So waterpower is and will continue to be an important contributor to renewable energy in the province. And while the 2013 Long-Term Energy Plan sees only modest growth in waterpower over the coming years, it will remain Ontario’s largest source of renewable energy. There are many considerations that need to be taken into account, however, for future development of water resources in Ontario. The reality is that, at least for now, we are in a period of adequate supply. Of course, we will not be in this position forever. And while the average unit cost for waterpower can be lower than other generation sources, a considerable range of costs exists across the hydro fleet. As you know, factors like project geographical siting, site-specific costs and costs relative to alternative sources of power, are considered in any decision for developing new waterpower projects. These factors also have to be considered within the broader process of electricity resource planning. In a relatively flat or low growth period, tailoring smaller projects to fit incremental opportunities may well be an attractive option. And both the 2010 and 2013 Long-Term Energy Plans acknowledged that connecting the 25 remote First Nation communities in the Far North to the grid is a priority. While our analysis indicates that transmission connection is the The wise use of power – electrifying. Hydro power makes up a considerable share of the global energy generation mix. To use this renewable resource to an optimum, Voith Hydro offers you more than just products, services and solutions. We combine our experience and expertise with the latest patented innovations in energy generation from water. But we go even further: We believe that hydropower must be part of the solution of global energy demand and must be done in a technologically, environmentally and socially sustainable way. We pursue this beyond our technological innovativeness, taking your business where it belongs – to the leading edge – for the wise use of power. www.voith.com A Voith and Siemens Company most economic solution for these communities, this does not preclude the potential for integrating waterpower, or other types of renewable energy, following the connection of these communities to the grid. And I’d note that connecting remote communities can potentially enable opportunities for waterpower to meet both regional and provincial needs. The fact is that waterpower is an important part of the energy mix and is very much part of a broader conversation about what a more efficient, advanced electricity system will look like in Ontario.” In his address Mr. Campbell challenged the audience to consider the very real potential for fundamental shifts in how we use, transmit and generate electricity in this province, citing the advent of smart homes, micro grids and community networks as examples. He reiterated a message that the OWA has long advanced – that waterpower is still one of the best bets to adapt to this uncertainty. It is there when you need it and can respond quickly to change – both the predictable and not so predictable. | 2015 YEAR IN REVIEW P20 Innovations for waterpower all over the world. Trash Rack Cleaning Systems Hydro Mechanical Equipment BRAUN Maschinenfabrik Ges.m.b.H. Gmundner Str. 76 4840 Vöcklabruck / AUSTRIA E-Mail:[email protected] www.braun.at MASCHINENFABRIK Gain clarity on water law in Ontario New Publication Ontario Water Law Julie Abouchar, B.Sc., LL.B., LL.M. and Theresa McClenaghan, LL.B., LL.M. “This book is most timely. This is a valuable contribution and will assist lawyers, regulators and policy makers in protecting and managing one of our treasured resources – water.” – from the foreword by The Honourable Justice O’Connor, Q.C. 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Get the information and guidance that will help you protect and manage water • Comprehensive coverage gives you fast access to water law with expert interpretation • Expertly written summaries of significant case law help you quickly review the offences, fines and possible defences • Insightful explanations of key provisions and statutes provide the context needed to fully understand the compliance requirements 16th annual power of water Canada 2016 Annual Conference and Tradeshow Ontario Waterpower Association Niagara-on-the-Lake, Ontario | October 17-19, 2016 The 16th annual Power of Water Canada Conference will take place from October 17-19, 2016 in Niagara-on-the-Lake. Don’t miss out! Register early by contacting Janelle Bates, Marketing and Event Coordinator, [email protected] or 1-866-743-1500 ext. 23. SAVE THE DATE! OCTOBER 17-19, 2016 conference.owa.ca Best Management Practices for Waterpower OWA guides have been developed to provide practical and current Best Management Practices (BMPs) that will assist proponents in determining how best to construct, rehabilitate or repair waterpower facilities in an environmentally sustainable manner. Mitigation of Impacts of Waterpower Facility Construction $59.95 CAN Includes 38 BMPs outlining legislation, environmental management, construction, contingency plans and MUCH MORE! NEW EDITIONS: Wetlands, Migratory Birds, Surface Water Quality and Fish Sampling IAL SPECD TIME TE LIMI FFER: t O Ps se BM N Four 25.00 CA d 1 for $ xes not include *Ta Species at Risk BMPs $29.95/each CAN • American Eel • Channel Darter • Lake Sturgeon To order OWA BMP guides, please call 1-866-743-1500. To be informed of new BMPs released, please email [email protected] www.owa.ca * Proud OWA Members 4DM Inc. Canadian Hydro Components Ltd. Energie Kapuskasing Energy 635294 Ontario Inc. Canadian Hydropower Association Energy Council of Canada Access Capital Corp. Canadian Projects Limited Energy Ottawa Inc. Acorn Environmental Canadian Wind Energy Association ENISOL Inc. AECOM Canada Ltd. Capstone Infrastructure Corporation EverGreen Energy Corp Aird & Berlis LLP Casselman Generating Station Fogler, Rubinoff LLP Algonquin Power Chant Group of Companies Forest and Land Control Inc. Allied Power Controls Inc. Cneec Energy Technology Fortis Generation East LP Alstom Sitca Inc Coastal Hydropower Corporation GDF SUEZ Canada Inc. Andritz Hydro Canada Inc. Coral Rapids Power LP Gedawin Novo Controls Inc. Aquatic Informatics Inc Corbu Consulting Inc. GEM Services Inc. ARCADIS SENES Canada Inc. Corpfinance International Limited Gemini Power Corporation Association of Power Producers of Ontario CRD Energy Consulting Golder Associates Ltd. D.M. Wills Associates Ltd. Grand River Conservation Authority Dessau Gravel Power Corp. 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Xeneca Power Development Inc. | 2015 YEAR IN REVIEW P24 2016 Industry Events Listings Biogas Association Value of Biogas Workshop and Tours March 22-23 Toronto, ON National Hydropower Association Annual Conference April 25-27 Capital Hilton, Washington, D.C. Canadian Hydropower Association Forum on Hydropower June 8-9 Ottawa, ON HydroVision International July 26-29 Minneapolis, MN Canadian Wind Energy Association CanWEA 2016 November 1-3 Calgary, AB CanSIA Solar Canada 2016 December 5-6 Toronto, ON Ontario Waterpower Association Power of Water Canada Conference October 17-19 Niagara-on-the-Lake, ON APPrO Annual Canadian Power Conference and Networking Centre November 15-16 Toronto, ON US in a matter of seconds. Water levels can rise Water near a dam or hydroelectric station can turn dangerous quickly and without warning. OPG is a part of communities across Ontario, so we want you to stay clear and stay safe. opg.com/watersafety
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