Category Archives: Energy

Alberta’s Carbon Capture & Storage Land Grab And The Potential For Conflicts Of Subsurface Rights

By: Nick Ettinger, Renée Matthews & Rudiger Tscherning

PDF Version: Alberta’s Carbon Capture & Storage Land Grab And The Potential For Conflicts Of Subsurface Rights

Matter Commented On: Alberta’s Request for Full Project Proposals for Carbon Capture and Sequestration Hubs

On March 3, 2022, the Government of Alberta issued a province-wide Request for Full Project Proposals (RFPP) for carbon capture and sequestration hubs (CCS Hubs). This followed a more limited RFPP for CCS Hub(s) to service emissions from Alberta’s Industrial Heartland (IH), which closed on February 1, 2022. By the end of March 2022, Alberta Energy is expected to announce the successful proponents of the IH RFPP, who will receive permits to evaluate large amounts of publicly owned pore space for the eventual permanent sequestration of millions of tons of carbon dioxide (CO₂). The RFPP for the rest of the province closes on May 2, 2022. Nigel Bankes has previously commented on the evolution of this process for pore space tenure dispositions (see here, here, and here). We’ve previously described the potential for conflicts arising from the subsurface convergence of CCS and critical minerals such as helium and lithium in Alberta (read our article here). This post examines the potential for conflicts of competing subsurface rights and interests arising from the current legislative scheme and the province’s rapid roll-out of CCS Hub dispositions. Continue reading →

The Regulation of District Energy Systems in Alberta: Part 3

By: Nigel Bankes

PDF Version: The Regulation of District Energy Systems in Alberta: Part 3

Decision Commented On: AUC Decision 26717-D01-2022, Calgary District Heating Inc. Exemption from Provisions of the Public Utilities Act, March 2, 2022

As the title indicates, this is my third post dealing with the regulation of district energy systems in Alberta. My first post, “Regulatory Forbearance and The Status of District Energy Systems Under the Public Utilities Act”, dealt with an application by ENMAX for relief from the entirety of Part 2 of the Public Utilities Act, RSA 2000, c P-45, (PUA) as it might apply to a proposed district energy system in Edmonton (Edmonton DE Decision). The Alberta Utilities Commission (AUC) denied the application. It concluded that ENMAX had not discharged its onus to show that (at para 35) “sufficient competition will exist such that regulation of ENMAX in its provision of thermal energy within the exclusive franchise area is unnecessary; or, stated in another way, that it would be in the public interest to exempt DE Edmonton and ENMAX (as its owner and operator) from Part 2 of the Public Utilities Act.” Rather, the evidence that customers who agreed to take service from the district energy facility and removed their existing boilers would effectively be captive to the service provided by ENMAX. While there was some discussion of whether more limited exemptions would protect these customers, it became clear that ENMAX’s application was in the nature of an “all-or-nothing application.” Accordingly, the AUC found it unnecessary to opine on the acceptability of a more limited set of exceptions. Continue reading →

The December 2021 Mine Financial Security Program Standard

By: Drew Yewchuk

PDF Version: The December 2021 Mine Financial Security Program Standard

Regulatory Document Commented On: The December 23, 2021 Mine Financial Security Program Standard

In a post back in May 2021, I mentioned a quietly made change to Alberta’s Mine Financial Security Program (MFSP), which sets out the security requirements for coal and oil sands mines in Alberta: Continue reading →

Province of Alberta Issues a Request for Full Project Proposals For Carbon Sequestration Hubs

By: Nigel Bankes

PDF Version: Province of Alberta Issues a Request for Full Project Proposals For Carbon Sequestration Hubs

Document Commented On: Request for Full Project Proposals For Carbon Sequestration Hubs, December 2, 2021

Following an earlier announcement (Information Letter 2021-19) in May 2021 (commented on here) and then a call for Expressions of Interest (EOI) in September (commented on here, the link to the EOI is now broken and the EOI no longer seems to be available), the province has now moved to the next stage in developing its hub-based carbon capture and storage (CCS) policy with the issuance of a “Request for Full Project Proposals For Carbon Sequestration Hubs” (RFPP). This latest RFPP indicates that Continue reading →

Preliminary Reflections on COP26 and the Glasgow Climate Pact, Part 1

By: David V. Wright

PDF Version: Preliminary Reflections on COP26 and the Glasgow Climate Pact, Part 1

Matter Commented On: COP26 (Twenty-sixth Conference of the Parties to the United Nations Framework Convention on Climate Change) and the Glasgow Climate Pact (Decision -/CMA.3)

This is the first of two posts that discuss several notable developments from COP26, some of which took place within the formal negotiations process (e.g. market mechanism rules, financial assistance), and some of which took place in parallel (e.g. Global Methane Pledge, US-China bilateral announcement). This post is focused on the latter parallel developments, which primarily emerged in the first week of the conference. My next post will focus on the former, which largely materialized in the second week.

Overall, the stakes were particularly high at this COP because the parties needed to reach an agreement on final elements of the rulebook containing details of how the Paris Agreement would be implemented, many parts of which will be the most important and consequential as implementation unfolds in years to come. Additionally, a number of long-standing issues remain unresolved, including with respect to long-term financial assistance for the most vulnerable countries to reduce emissions and respond to the impacts of climate change. Overall, COP26 was a key juncture for ensuring that party commitments would add up to keeping within reach the overarching goal of keeping global mean temperature rise to below 1.5 degrees. It was these high stakes that led some to characterize this COP as “now or never” and a “last-chance saloon” scenario. Continue reading →