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An Emerging Corporate Risk – Climate Impacts to Critical Energy Infrastructure

By: Rudiger Tscherning

PDF Version: An Emerging Corporate Risk – Climate Impacts to Critical Energy Infrastructure

Research Commented On: “Corporate Risk and Climate Impacts to Critical Energy Infrastructure in Canada” (Dalhousie Law Journal)

Introduction

This post, based on my recent article, examines climate impacts to critical energy infrastructure assets from a corporate risk perspective. It focuses on the importance of undertaking climate adaptation to critical energy infrastructure as a corporate risk-mitigation strategy. Emerging climate risk was most recently identified as one of the top five challenges facing the global economy at the World Economic Forum 2020 in Davos, Switzerland (see World Economic Forum Global Risks Report 2020).

By way of background, Canada’s 2009 National Strategy for Critical Infrastructure considers infrastructure as critical where the asset is essential to the “health, safety, security or economic well-being of Canadians.” Examples in the energy sector include electricity generation and transmission infrastructure, oil and gas industry infrastructure, maritime ports, and rail infrastructure related to energy transportation. All of these classes of assets are vulnerable to the anticipated and unanticipated effects of climate change impacts from extreme weather and climate events, which are predicted to intensify. These impacts may affect both the physical infrastructure of the asset and their operations, as well as the business continuity of the owners and operators of the asset. Within this context, adaptation to the effects of climate change can be considered a process of adjustments in natural and human systems to actual or expected climate impacts and their effects (see, for example, Article 7 of the Paris Agreement, 12 December 2015, FCCC/CP/2015/L.9/Rev.1).

AUC Announces a Second Round of Consultations on Self-Supply and Export

By: Nigel Bankes

PDF Version: AUC Announces a Second Round of Consultations on Self-Supply and Export

Matters Commented On: AUC Bulletin 2020-01, Exploring market concerns and tariff issues related to self-supply and export reform, January 9, 2020; and AUC Decision 24979-D01-2020, International Paper Canada Pulp Holdings ULC, Industrial System Designation and Permanent Connection Order for the Grande Prairie Pulp Mill Complex, January 10, 2020.

The Electric Utilities Act, SA 2003, c E-5.1, (EUA; and regulations) and the Hydro and Electric Energy Act, RSA 2000, c H-16, (HEEA) oblige generators in Alberta to offer their generation to the power pool and to exchange energy through the pool. There are a number of exceptions to these requirements but in a series of decisions during 2019 the AUC concluded that these exceptions are narrowly framed. These decisions are EPCOR Water Services Inc., EL Smith Solar Power Plant, February 20, 2019, Decision 23418-D01-2019AUC Decision 23756-DOI-2019, Advantage Oil and Gas Ltd. Glacier Power Plant Alteration, April 26, 2019; AUC Decision 24393-D01-2019, International Paper Canada Pulp Holdings ULC Request for Permanent Connection for 48-Megawatt Power Plant, June 6, 2019; and AUC Decision 24126-D01-2019, Keyera Energy Ltd, Cynthia Gas Plant Power Plant Application, June 25, 2019. I commented on those decisions in Opening a Can of Worms and here and here.

The Alberta Inquiry and Freedom of Expression

By: Jennifer Koshan and Linda McKay-Panos

PDF Version: The Alberta Inquiry and Freedom of Expression

Matter Commented On: Alberta Inquiry into Anti-Alberta Energy Campaigns

Our colleagues Martin Olszynski and Shaun Fluker have posted concerns about the Alberta Inquiry into Anti-Alberta Energy Campaigns from the perspective of the rule of law and procedural fairness (see here and here). Amnesty International has also raised concerns about the Inquiry’s “aggressive approach to defending the oil and gas industry from criticism” and the impact this approach will have on human rights defenders – especially those who are Indigenous, women, and/or environmental activists. Ecojustice flagged similar concerns about freedom of expression in its letter to Inquiry Commissioner Steve Allan.

Provisional Application of an Amendment to the London Protocol to Facilitate Collaborative CCS Projects

By: Nigel Bankes

PDF Version: Provisional Application of an Amendment to the London Protocol to Facilitate Collaborative CCS Projects

Document Commented On: Resolution LP.5(14) on the Provisional Application of the 2009 Amendment to Article 6 of the London Protocol, adopted 11 October 2019, by the 14th Meeting of the Contracting Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters. [Note: Documents relating to the London Convention and Protocol including this document may be accessed on the website of the International Maritime Organization (IMO) here but users have to create an account to obtain access. Follow “Meeting Documents” and then LC Documents (Session 41). For convenience, the text of the Resolution is included at the foot of this post].

This post examines the recent decision of the Contracting Parties to the 1996 Protocol (the London Protocol or LP) to the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters (London Dumping Convention or LC) to agree to the provisional application of an amendment to Article 6 of the LP. That amendment (originally adopted in 2009) when it enters into force will allow the export of CO2 for geological sequestration. The amendment is a crucial piece of the puzzle to permit collaborative projects for the subsea disposal of captured carbon dioxide emissions from industrial facilities located elsewhere than the coastal State responsible for the disposal site. This initiative, which will permit provisional application of that amendment, will help facilitate projects such as the Equinor-led Northern Lights Project on the Norwegian continental shelf. That project is currently drilling a test well: see here and here.

Small Modular (Nuclear) Reactors in Canada – Small Steps Towards Realization

By: Rudiger Tscherning

PDF Version: Small Modular (Nuclear) Reactors in Canada – Small Steps Towards Realization

Matter Commented On: New Brunswick-Ontario-Saskatchewan Collaboration Memorandum on Small Modular Nuclear Reactors

Introduction

On December 1, 2019, the premiers of New Brunswick, Ontario, and Saskatchewan announced that they are formally collaborating by way of a memorandum of understanding to develop small modular nuclear reactors (SMRs) and that further provinces and territories may join the collaboration. Premier Ford has identified the opportunity as one for Canada “to be a true leader” on an issue of the future. I have followed the international development of small nuclear reactors, and their implications for domestic and international law regimes, since 2010. This post serves as an introduction to SMRs, both within and outside of Canada, and the legal and policy frameworks involved.

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