1. 2 Strategic – BC Hydro Long Term Planning Project level Environmental Assessment ▪ Federal - Canadian Integration 3.

Energy Planning and Approval Strategies

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Overview

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outline

Strategic – BC Hydro Long Term Planning

Project level Environmental Assessment

▪ Federal - Canadian

Integration

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BC Hydro – supply gap

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BC Hydro - planning

Integrated electricity planning - the long-term planning of electricity generation, transmission, and demand-side resources to reliably meet forecast requirements.

2000s - long-term acquisition plan (LTAP) every 4 yrs Needs to be reviewed and approved by BCUC

2010 Clean Energy Act – IRP replaces LTAP Same problem for analysis and decision-

making but different consultation, review, and

approval

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Utility planning

Planning context, objectivesGross (pre-DSM) demand forecastsResources (supply and DSM) – ID and

measurementDevelop resource portfoliosEvaluate and select resource

portfoliosDevelop action planConsultGet approval 6

2008 LTAP developments

Application submitted to BCUC June 2008 Evidentiary update December 08

Formal hearings in BCUCBCUC decision rejecting plan July

2009 Greenpolicyprof summary

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BC government response

May 2010: Clean Energy Act passed. New IRP process Removed from BCUC scrutiny

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Evaluation

What are the consequences of removing BC Hydro planning from BCUC review?

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Policy Objective

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Conservation first

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outline

Strategic – BC Hydro Long Term Planning

Project level Environmental Assessment

Integration

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Project level – Environmental Assessment

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Environmental Assessment

Environmental Assessment as a policy tool – a “procedural policy instrument” Requires analysis and procedure but does not

specify outcome

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Stages in EA

1. Proposal from proponent2. Screening – is EA required and if so

what kind?3. Scoping – what issues?4. Assessment of the proposal5. Report preparation, submission,

and review6. Decision: recommendation by EA

body, authoritative decision by political body

7. Monitoring and compliance follow-up

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Designated project list under CEAA

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-147/index.html

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Scope of issues, Kinder Morgan pipeline expansion

1. The need for the proposed project.

2. The economic feasibility of the proposed project.

3. The potential commercial impacts of the proposed project.

4. The potential environmental and socio-economic effects of the proposed project, including any cumulative environmental effects that are likely to result from the project, including those required to be considered by the NEB’s Filing Manual.

5. The potential environmental and socio-economic effects of marine shipping activities that would result from the proposed Project, including the potential effects of accidents or malfunctions that may occur.

6. The appropriateness of the general route and land requirements for the proposed project.

7. The suitability of the design of the proposed project.

8. The terms and conditions to be included in any approval the Board may issue.

9. Potential impacts of the project on Aboriginal interests.

10. Potential impacts of the project on landowners and land use.

11. Contingency planning for spills, accidents or malfunctions, during construction and operation of the project.

12. Safety and security during construction of the proposed project and operation of the project, including emergency response planning and third-party damage prevention.

The Board does not intend to consider the environmental and socio-economic effects associated with upstream activities, the development of oil sands, or the downstream use of the oil transported by the pipeline.

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Should upstream effects of pipelines (expansion of oil sands facilities) be considered in pipeline review EAs?

Should downstream effects of pipelines (refining, combustion in markets) be considered in pipeline review EAs

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Environmental Assessment – Federal in Canada

Canadian Environmental Assessment Act Came into force in 1995 Since 1972, governed by cabinet

guidelines applies to anything that requires federal

approval or permit Procedures managed by

Canadian Environmental Assessment Agency, within Environment Canada

Usually, if federal EA no provincial EA 24

CEAA approval standards

(a) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, (i) the project is not likely to cause significant adverse

environmental effects, or(ii) the project is likely to cause significant adverse

environmental effects that can be justified in the circumstances

the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part

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Enviro Checklist for EA

Sustainability as core objective

Strengthen public participation

Meaningfully engage Aboriginal governments as decision makers

Legal framework for strategic and regional EA

Require comprehensive, regional cumulative effects assessments

Coordinate multiple jurisdictions with highest standards

Transparency Fair, predictable,

accessible Rights over

efficiency

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EA process criteria

Guided by sustainability principlesParticipatoryTransparent Well-informedCoordinated to avoid jurisdictional

conflicts and overlapsTimely

February 12, 2013 Sustainable Energy Policy 28

There are tradeoffs between these values. Fostering legitimacy while being timely requires adequately resourced processes

Harper’s “responsible resource development” – Spring 2012

Replace CEAA Definition of environmental effect narrowed Participants limited to are “directly affected” or

have, in the review panel’s judgment, “relevant information and expertise”

Time limits Transfer authority to provinces

NEB Act – final decision moved to cabinetFisheries Act – reduce habitat protection

Bill C-38 and EA process

Sustainable Energy Policy 30

Should EA procedures allow for the approval of projects likely to cause significant adverse environmental effects?

Should EA’s have time limits?

Sustainable Energy Policy 31

Cumulative effects?

“effects that are additive or interactive and result from the recurrence of actions over time. Cumulative impacts are incremental and result when undertakings build on or add to the impacts of previous impacts.”

Consideration required in federal rules, permitted but not required in BC

What is the best way to deal with cumulative effects in project level assessments?

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Environmental Assessment - conclusion

requires elaborate assessment demonstration of awareness of concerns consideration of environmental impacts

and mitigation measures but project can still be approved if justified By forcing agencies to consider

environmental consequences, environmental assessment is a critical tool, but it does not affect the balance of values decision-makers ultimately apply.

February 12, 2013 Sustainable Energy Policy 33

Overview

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Institutions for renewable energy expansion – criteria (Jaccard et al)

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Alternatives, consequencesJaccard et alIRP + PROJECT SPECIFIC ASSESSMENT/APPROVALS risks larger than

necessary local environmental effects

Risks less satisfied public

STRATEGIC ASSESSMENT Risks delay in

renewable development (and climate change mitigation)

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An important tradeoff that needs to be considered in process design